AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 23, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, February 9, 2008 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing - New Seabury – Signs on Town Property
6:50 Public Hearing – Application for Fuel Storage License – Mashpee DPW
7:00 School – Gift
7:10 Public Hearing – Shellfish Regulations
7:15 One-Room Schoolhouse Sign Request
COMMUNICATIONS & CORRESPONDENCE
1) Draft #1 Special and Annual May 2009 Town Meeting Warrant
OLD BUSINESS
1.) Police Chief/Waterways Commission – Commercial Mooring Permit Fees & Regulations
NEW BUSINESS
1) Mashpee Housing Authority – Request for Town to Donate Land
2) Request of Mashpee Wampanoag Rod & Gun Club – One Day Permit
3) Request for Signs at Rotary – Barnstable County Fair
4) Town Manager – Budget Recommendations
5) Police Chief – Certification of Hiring Process
6) Payroll Policy Amendment
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 23, 2009
Present: Selectman Taylor, Selectman Cook, Selectman Green, Selectman Myers
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Cahalane
Meeting Called to Order by Vice-Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
February 9, 2009 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, February 9, 2009 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Kathleen Lynch, Lakewood Drive related concern with respect to the Selectmen’s recent decision to increase mooring fees. The mooring fee was previously $50 for the first 20 feet and $5 per foot thereafter. The new fee for boats up to 20 feet is $200, $250 for boats from 20+ feet to 25 feet, boats 26’ to 30’ $300 and boats 31’ and up $400. Ms. Lynch asked if a public hearing is required to increase fees.
Ms. Lynch also indicated that on weekends Mashpee/Wakeby mooring holders wishing to return their boats to their respective moorings are instructed to wait in line with other boaters who are required to pay to use the recreational facility. She asked if this process could be facilitated for the mooring holders who are not parking their vehicle and trailer.
In addition Ms. Lynch made note of additional sticker fees paid to the town for use of the beaches and ocean for the parking of boating trailers.
In response, it was disclosed the Fisherman’s Landing at the Mashpee/Wakeby Pond is a state ramp under the state’s jurisdiction. And, to date the Selectmen have not made a determination on stickers.
Michael Hope, Jackbon Road expressed discontent to the increased mooring fees. Mr. Hope indicated that surrounding towns offer more amenities such as shuttle services and portable toilet facilities. In his opinion, the fees are excessive for what the town has to offer.
Captains Row resident Ron Meyerowitz stated the mooring increase from $50 to $200 is unconceivable. Mr. Meyerowitz indicated that he was not aware the increase was going to occur, and that there was no consideration for senior citizens who are living on the edge in today’s economy. Mr. Meyerowitz suggested the out-of-towners be charged the increased fee.
Dave Capotosto of Captains Row also expressed concern to the increase in mooring fees and recommended the users of Popponesset Spit be assessed a fee for use of the waters. Mr. Capotosto indicated the increase is also unconceivable.
Bill Marsters of Lakewood Drive in concern to the mooring fee increase stated that it is really a fee paid for a three month activity. Mr. Marsters indicated that due to weather conditions, he enjoys his boat on an average of twelve times per year. Mr. Marsters stated that it is unjust use the mooring increase to pay for dredging. He suggested the town take the money from the taxpayers like they do for the town’s beautiful walkways.
In response to the comments, the Selectmen indicated the Selectmen reviewed this matter with the Waterways Commission, who give advice the Board of Selectmen on issues that impact the municipal waterways and their improvement. The Waterways Commission voted unanimously to recommend to the Board of Selectmen, the restructuring of the mooring fees. At the last meeting, the Selectmen voted to support the increase in mooring fees as recommended. Matters associated to commercial mooring fees were deferred to the March 9, 2009 meeting for additional review and information. At this time, the Selectmen do not plan to re-visit the mooring fees. It was noted the announcement in the Mashpee Enterprise with respect to the Selectmen re-visiting the mooring issue is incorrect.
However, it was noted if there is warrant to further discuss and re-visit the mooring increase, the matter would be appropriately addressed by the Board of Selectmen at their next meeting.
COMMUNICATIONS AND CORRESPONDENCE:
Tax Rate Discussion:
In preliminary estimations, a 10% tax rate increase for FY2010 is proposed. Three major debt issues to be funded include; the Fire Substation, the new Library and the purchase of the St. Vincent’s property. However, at this budgetary time the projected tax rate remains fluid.
Public Hearing – New Seabury – Signs on Town Property:
The Board of Selectmen re-opened the Public Hearing on the application of New Seabury Development Corporation for permission to place signs on town property.
Lawrence Carr, Director of Development for New Seabury Properties was in attendance to discuss the sign request. The applicant provided a schematic depicting size and dimensions for the directional sign that is presently sited on town property. It was noted the sign is constructed of vinyl polyethylene material.
Correspondence was received from the Design Review Committee dated January 22, 2009 with respect to the New Seabury signage.
It was agreed the Town of Mashpee shall be named as the additional insured for the subject entrance sign for liability purposes as the sign is presently situated on town property.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cook to approve the New Seabury entrance sign as erected with the caveat the Town of Mashpee is listed as the additional insured.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Public Hearing – Application for Fuel Storage License – Mashpee DPW:
The Board of Selectmen opened the Public Hearing for a Fuel Storage Tank License to be operated at the Mashpee Department of Public Works, 350 Meetinghouse Road, Mashpee for the following: aboveground storage of 7,000 gallons of unleaded gasoline and 3,000 gallons of diesel.
The hearing notice was read aloud for informational purposes. Catherine Laurent, Director of Public Works was present for discussion purposes. Fire Chief George Baker was also in attendance.
One addendum, not a significant change, but applicable to the storage of hazardous waste materials was incorporated into the license request for the addition of a waste oil tank 110 gallons associated to the two on-site storage drums which collect waste oil at the DPW garage.
The permit application would also allow for the installation of (1) split compartment (7K & 3K) above ground con-vault fuel tank with factory mounted dispensers and pumps. Included in the system deemed state-of-the-art is factory installed level and leak detection equipment.
Chief Baker indicated the fuel storage as intended is a site specific employee use system. It is in a safe location for town use and meets all requirements applicable to licensing and permitting. The life expectancy of the con-vault fuel tank is 20 to 25 years. Requirements mandated by the state include annual testing and tight testing every ten years. It is located in a fenced and gated enclosure that will be locked when DPW personnel are not on site. Two levels of access are required to disperse fuel. A schematic of the fuel facility was presented to the Selectmen for additional review.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Motion made by Selectman Myers to approve the license application for a fuel storage tank depot at the Department of Public Works to include the addendum as referenced.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
School – Gift:
Jerry Carter, class president of the graduating Class of 2009 was present to request the Selectmen endorse the proposed gift of the upcoming Mashpee High School graduating class, a statue of a falcon. The gift is a 4’ fiberglass falcon that would be mounted to one of the existing cement columns on top of the overhang at the entrance to the high school. Solar lighting is planned for enhancement of the school mascot. The concept was presented and approved by the School Committee at their last meeting.
Motion made by Selectman Cook to endorse the Class of 2009 gift of a falcon statue to the Mashpee High School as described.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
One Room Schoolhouse – Sign Request:
The agenda topic as referenced was deferred at this time.
COMMUNICATION AND CORRESPONDENCE:
Draft #1 Special and Annual May 2009 Town Meeting Warrant:
The Board of Selectmen received draft #1 of the Annual and Special Town Meeting warrant of Monday May 4, 2009 dated February 17, 2009. It was agreed that a separate meeting would be held to review the warrant in detail.
OLD BUSINESS:
Police Chief/Waterways Commission – Commercial Mooring Permit Fees and Regulations:
The above referenced agenda topic was deferred to the next meeting.
NEW BUSINESS:
Mashpee Housing Authority – Request for Town to Donate Land:
The above referenced agenda topic pertains to a proposed Annual Town Meeting Warrant article, and will be further reviewed at the warrant meeting.
Request of Mashpee Wampanoag Rod & Gun Club – One Day Permit:
William C. Mills was present to request the Selectmen allow the use of the Rod & Gun Clubs one day liquor license permit on March 7, 2009.
Motion made by Selectman Green to approve the March 7, 2009 liquor license date to the Mashpee Wampanoag Rod & Gun Club for 2009.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Request for Signs at Rotary – Barnstable County Fair:
Correspondence was received from the Barnstable County Fair dated February 6, 2009 requesting signage be placed at the Mashpee Rotary for the 2009 fair. Wendy Brown, general manager was in attendance to discuss this request with the Board of Selectmen. The sign placement is intended from July 16 through July 28, 2009. The fair begins on July 17th, and the signage is exactly the same as last year.
Motion made by Selectman Cook to approve the request of the Barnstable County Fair to place signage at the Mashpee Rotary from July 16 to July 28, 2009.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Review and Execution of Deputy Fire Chief Personal Services Contract:
The Board of Selectmen reviewed the personal services contract between the Town and Deputy Fire Chief. It was noted the document has been reviewed and approved by Town Counsel to form. It was disclosed the Deputy Fire Chief has agreed to freeze his salary compensation for the duration of the three-year agreement.
Motion made by Selectman Cook to approve and execute the Agreement between the Town of Mashpee and Deputy Fire Chief Sheldon Hamblin effective February 23, 2009.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Police Chief – Certification of Hiring Process:
In accordance with the Town’s hiring policy, the hiring certification for the position of Police Officer was presented to the Board for approval. The document was approved by the Police Chief and verified by the Human Resource Director.
Motion made by Selectman Myers to certify and confirm the appointment of Bryan Burke as Police Officer effective March 1, 2009.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Payroll Policy Amendment:
A Payroll Policies and Procedures document was presented to the Selectmen for approval. The Selectmen reviewed the amendments as contained on pages two and four relative to release and distribution, and the final page, a payroll sign out sheet that would be verified by the Payroll Administrator or Town Treasurer.
Motion made by Selectman Myers to approve the Town of Mashpee Payroll Policies and Procedures document as presented.
Motion seconded by Selectman Cook.
VOTE: 4-0.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
The Environmental Oversight Committee (EOC) at their last meeting agreed to prepare an electronic version of the Mashpee Blue Book using volunteer resources. At the March meeting, the EOC will gather committee recommendations regarding the proposed content of the document. The EOC also agreed to reach out to the community seeking volunteer support in the publication process. Addition support will be sought from the schools similar to the contribution of artwork for the Town Report. It is hopeful that grant funding from Textron would be obtained to support the endeavor of the project.
In other business, there is concern regarding the Land Steward Program. The Conservation Agent is expected to attend the next EOC meeting to discuss this matter. The EOC would like to work towards re-invigorating the volunteer program.
APPOINTMENTS AND HEARINGS:
Public Hearing – Shellfish Regulations:
The Board of Selectmen opened the Public Hearing on the proposed Shellfish Regulations for the Year 2009. The hearing notice was read aloud in accordance with posting procedures and requirements. Richard York, the Shellfish Constable was in attendance to discuss the new regulations with the Board of Selectmen.
It was noted the Shellfish Commission voted unanimously to recommend increasing the shellfish permit fees as follows;
Fee New Fee
Non-commercial (Family) Permits:
Resident/Taxpayer Family Permit $20.00 $25.00
Senior Citizen Resident/Taxpayer Family Permit $ 5.00 $ 6.00
Non-resident/Taxpayer Family Permit $65.00 $80.00
Commercial Permits:
Commercial Shellfish Permit $100.00 $125.00
The proposed increase in shellfish permit fees will be used for the purchase of shellfish seed to help offset the loss of state funding used to purchase seed to support the propagation program. For an example, the sum of six dollars would allow for the purchase of 1000 quahog seed. It was also noted the oyster aquaculture program is a critical need for removing nitrogen from the estuaries.
A second recommendation is to prohibit the use of rakes wider than 15” and harness rakes in family (non-commercial) shellfishing areas. The language is incorporated into item no.14 on page 6. Additional language was also amended in the new regulations to reflect the correct title of Shellfish Constable, and the change in the office of the Shellfish Constable now located at the Mashpee Police Department. With the Selectmen’s approval, the regulations as amended become effective March 1, 2009
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Motion made by Selectman Myers to approve the Shellfish Regulations; increasing the shellfish permit fees and incorporating the amendments as recommended effective March 1, 2009.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Town Manager Budget Recommendations:
Joyce Mason, Town Manager presented a proposed budget of $49,266,557 for fiscal year 2010 to the Board of Selectmen. The general government budget reflects an overall reduction of 1.04%, and a level funded school budget of $18,617,652.
The budget is also reflective of the consolidation of the Town/School Building and Grounds under the Department of Public Works. For this purpose the sum of $1,900,000 was transferred from the School budget.
The proposed capital improvement program budget of $300,000 will support the Police Department lease obligation and nominal capital items to continue the capital upgrade and needs program.
The budget recommendation was outlined in a memorandum address to the Board of Selectmen and Finance Committee dated February 12, 2009. In addition to this document, the analysis of available revenues was also reviewed in detail.
The Board of Selectmen also reviewed the omnibus budget by line item with the Town Manager. Of particular note was the increased assessment for tuition and expenses associated to the Cape Cod Technical High School.
The total FY2010 operating budget recommendation is $48,666,557. The sum of $300,000 is recommended for the capital budget and the sum of $300,000 is recommended to be set aside to the overlay surplus account to present a balanced budget of $49,266,557.
APPOINTMENTS AND HEARINGS:
Public Comment:
Doug Moore, Amy Brown Road expressed concern to the mooring fee increase imposed by the Board of Selectmen at their last meeting. Mr. Moore stated the town is wasting time dredging the channel as it cannot be controlled because it is made up of sand, and that it is unfair to make little Joe six-pack pay for the increase.
In response, the Selectmen indicated the Board received the recommendation to increase mooring fees from the Waterways Commission. The Board of Selectmen relies on the advice of the Waterways Commission to recommend issues impacting the municipal waterways and their improvement.
Adjournment:
Motion made by Selectman Green to adjourn at 8:07 p.m.
The Board will enter into Executive Session for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, absent Selectman Taylor, yes
Selectman Cook, yes Selectman Green, yes
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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