AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 30, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, March 9, 2009 Regular & Executive Sessions
Monday, March 16, 2009 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 ADA Committee– Pathway at South Cape Beach
6:50 Public Hearing – Seasonal Liquor License Renewals
Seasonal Population
COMMUNICATIONS & CORRESPONDENCE
1) Correspondence from the McGuire Family
OLD BUSINESS
NEW BUSINESS
1) DPW Director – Spring Road Project Update
2) Review of Rotary Sign Requests – Friends of the Mashpee Public Library
3) Order for Betterment Assessment – Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road, Maple Street
4) Acceptance of Land Donation from Willowbend Country Club, Inc.
5) Recommendation for Appointment – Conservation Commission Associate Member
6) Acceptance of Resignation – Election Warden
7) Execution of Annual Town Election Warrant
8) Discussion on Stickers/Passes for Mashpee Transfer Station and Mashpee Beaches
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 30, 2009
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Myers
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, March 9, 2009 Regular & Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, March 9, 2009 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Monday, March 16, 2009 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
Minutes of Monday, March 16, 2009 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Kathleen Lynch 73 Lakewood Drive distributed correspondence to the Selectmen dated March 30, 2009 relative to the Order of Betterment Assessment for Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road and Maple Street. The letter states the Lakewood Homeowners Association has concerns and questions regarding the drainage, assessment, and easements pertaining to the above referenced roads. Specific questions were outlined in the memorandum addressed to the Board of Selectmen and Town Manager. Mrs. Lynch asked that a meeting be arranged with applicable representation before the Order of Betterment Assessment is executed by the Board of Selectmen on this date.
In other business, Assistant Building Inspector and ADA member Charles Maintanis requested the Selectmen consider the installation of a sectional wooden boardwalk or a polyester decking mat to provide for handicap access to South Cape Beach. It is the Mashpee ADA Committee’s mission to work to improve access throughout the community and to increase public awareness of this need.
Mr. Maintanis presented literature and cost estimates for the 45’x 4’wooden boardwalk which includes a 6’ x 12’ deck section. The cost including shipping and handling for the seasonal structure is $4179.
Samples of the Mobi-Mat polyester decking were also distributed. The light-weight polyester material is noted to be resistant to all outdoor elements. The mat, approximately 5’ x 50’ is projected to cost $3900. The estimation does not include costs associated to shipping handling.
It was noted that two ADA wheelchair members have recommended their preference for the sectional wooden boardwalk. Discussion followed regarding Conservation Commission permitting requirements and the Commission’s endorsement of the non-permanent structure at the subject site location. The Department of Public Works would install, remove and store the structure as needed. However, it is necessary to seek outside funding initiatives to support the project.
With the Selectmen’s approval, grants and donations would be sought to provide funding for the project proposal. A donation account for the board walk would be administered by the Town Manager’s Office for this specific purpose.
Motion made by Selectman Cook to endorse the construction of a walkway at South Cape Beach pending the required permitting and funding is acquired for said purpose.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
COMMUNICATIONS AND CORRESPONDENCE:
Correspondence from the McGuire Family:
The Selectmen were in receipt of communication from the McGuire Family dated March 13, 2009 requesting permission to place a collection box at Town Hall to help Cape Cod Cares for our Troops fill requests from servicemen and women for school supplies for the Iraqi and Afghani children.
Motion made by Selectman Cook to endorse the McGuire Family request as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Appreciation to the K Kids:
The Selectmen acknowledged the K (Kiwanis) Kids, an active community service club.
NEW BUSINESS:
Review of Rotary Sign Requests – Friends of the Mashpee Public Library:
Several permit applications for sign placement at the Mashpee Rotary were submitted by the Friends of the Mashpee Public Library for the Selectmen’s approval. The first request was for signage 16” x 27”, two signs to be placed at the Mashpee Rotary from April 1 through 4, 2009 for a book sale. Signs were also requested for placement at the Rotary from mid-April through September 13, 2009.
Discussion followed with respect to Policy No. 037 relative to Temporary Sign Placement. The policy governs the erection of temporary signs in public right of ways and on the Mashpee Rotary. All signs must be in conformance with thirteen procedures. The Board related concern with respect to the requirement of Item. 1 as follows; Dated application form, including a sketch of the sign (description, colors, lettering, etc.), with beginning date, and the requirement to submit the information to the Building Department at least on month prior to the date of erecting the sign. It was noted the applications before the Board do not contain the sketch of the intended signage as required for conformance to said policy.
The Selectmen were in agreement to adhere to the mandates of Policy No. 037. It was decided that Mashpee Rotary signage requests previously approved by the Board would be verified to alleviate excessive signage congestion at a dangerous high traffic location.
Motion made by Selectman Cook to approve the request of the Friends of the Mashpee Public Library to place two signs at the Mashpee Rotary from April 1 through April 4, 2009 only pending conformance to Policy No. 037.
Motion seconded by Selectman Green.
VOTE: 3-1. Motion carries.
Selectman Taylor in opposition.
With regards to the additional signage request from the Friends of the Mashpee Public Library, the Selectmen agreed to consider the applications on a monthly basis in accordance with the Temporary Sign Placement policy.
The Selectmen indicated they would re-evaluate the Temporary Sign Placement Policy after July 1, 2009. The policy was last amended on August 18, 2003.
APPOINTMENTS AND HEARINGS:
Public Hearing – Seasonal Liquor License Renewals:
The Board of Selectmen opened the Public Hearing on the renewal of all seasonal liquor licenses in the Town of Mashpee. The Hearing notice was read aloud to conform to posting procedures.
The following seasonal license renewal applications were before the Board for approval;
Azzaro Mashpee, Inc. d/b/a Cooke’s – All Alcohol Restaurant
L.N.R.R. Corp. d/b/a Marketplace Café – All Alcohol Restaurant
Raw Bar, Inc. d/b/a Raw Bar – All Alcohol Restaurant
Seasonal Enterprises, LLC d/b/a – The Popponesset Country Store
All Alcohol – Package Store
Correspondence was received from Kathleen Moore, Administrative Assistant dated March 25, 2009 relative to the seasonal liquor license renewals as it pertains to fee, tax, and inspection requirements. The memorandum was read into the record. It was noted the Fire Department is in the process of scheduling a follow-up prior to its issuing a certificate of inspection and The Country Store is also pending its annual inspection.
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 Taylor.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cook to approve the Seasonal Liquor License Renewals of Cooke’s, Marketplace Café, Raw Bar and the Country Store, and when certification of inspection requirements are met on the two aforementioned seasonal licenses.
Motions seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Seasonal Population:
In accordance with the requirements of the Alcoholic Beverages Control Commission, the Selectmen reviewed the seasonal population estimate of July 10, 2009 as submitted by the Town Planner. Last year’s seasonal population estimate was 31,109 persons.
Motion made by Selectman Cook to estimate the temporary increased resident population of Mashpee as of July 10, 2009 to be 31,578 persons.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
DPW Director – Spring Road Project Update:
Catherine Laurent, Director of Public Works presented a tentative schedule of road construction projects for Spring 2009. The projects include;
Route 151 From Rotary to 500’ west of traffic signal at Market Street
Reconstruction – Schedule April 27 – May 8, 2009
Timberlane Drive Hemlock Drive to Holly Lane
Drainage Improvements/Resurfacing – April – Early May
Old Barnstable Road Lowell Road to Payamps Road
Final Paving – Mid-May
Asher’s Path Meetinghouse Road to Route 28
Final Paving – Mid-May
Orchard Road Route 28 to Quinaquisset Avenue
Final Paving – Mid-May
Route 151, the first project listed for construction will include pulverizing and repaving. The loops for the traffic signal will require re-installation. Opti-com detectors will be added for emergency vehicles. Details of the proposed detour were presented to the Selectmen for review. It was noted the Police Chief and Mashpee Commons are in agreement with the traffic management plan for the Route 151 project. The School Department is expected to be notified of the intended construction. It was noted that traffic lanes would be open at the end of the work day. The use of Great Neck Road North during this construction was considered and will be reviewed by Selectmen members.
Order for Betterment Assessment – Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road, Maple Street:
The above referenced Order for Betterment Assessment was reviewed by the Selectmen for execution. In accordance with the assessment, said road shall cost $332,758.48. A proportionate share of the cost to each parcel is listed on the attached Schedule A. The parcels as listed are assessed a betterment cost of $3,616.94 and $1,808.40 respectively.
Several residents of the Lakewood Homeowners Association were in attendance for discussion purposes. Kathleen Lynch, President of the association discussed specific concerns addressed in her letter of March 30, 2009 to the Board of Selectmen and Town Manager. Issues of concerns include; the lack of drainage on Lakewood Drive, the pooling of water in front of 90 Lakewood Drive and the subsequent repair of the road, questions regarding the assessment amongst the landowners, the easement issue related to Melissa Avenue and if the roads have been constructed in accordance with the plans as referenced at the May 1, 2006 Town Meeting.
Catherine Laurent responded to the above referenced questions. Ms. Laurent indicated that additional drainage in the low point was added to Lakewood Drive. With regards to 90 Lakewood, Ms. Laurent stated she was not aware of the pooling of water. The area was noted to lack topography. As a result, the road was not crowned, but a slight adjustment was made after the final course of asphalt. Ms. Laurent indicated she would continue to monitor this concern. The easement issues with Melissa Avenue were addressed and the assessment divided amongst the landowners is appropriately reflected in the betterment assessment. Lastly, the road is constructed in accordance with the Town’s policies and procedures relative to road construction.
Several questions arose regarding the betterment assessment as it pertains to the maximum allowable charge. During the hearing process, past minutes reflect different estimations. It was noted the estimate was modified as a result of a change in the Melissa Road cul-de-sac. Town Meeting in May 2006 voted the total assessment cost of $332,760.
It was agreed the Selectmen would further review the information for clarification purposes. The matter would be placed on the April 13th agenda for continued review.
NEW BUSINESS:
Acceptance of Land Donation from Willowbend Country Club, Inc.:
Correspondence was received from the Town Planner dated March 24, 2009 relative to the Willowbend Country Club 9-hole golf course expansion approved by the Cape Cod Commission in 2002. The parcels subject to a conservation restriction were approved by the Selectmen and Conservation Commission in 2004.
Land was transferred to the Town, however, the deed to the parcels were not recorded with the conservation restriction in June 2005. The two parcels deeded to the Conservation Commission consist of a 2.5 acre parcel adjacent to the Mashpee Water District and conservation restricted land having frontage on Noisy Hole Road. This also includes a 420 square foot parcel which provides a connection between an existing conservation parcel and Meetinghouse Road. The parcels would become part of the Noisy Hole Conservation Area.
The Selectmen agreed to defer acceptance to the next scheduled meeting for additional information.
Recommendation for Appointment – Conservation Commission Associate Member:
A letter of interest was received from Mark N. Gurnee for appointment to the position of Associate Conservation Commission member. A resume was also attached for the Selectmen’s review. Mr. Gurnee has a background in engineering, both in detailed engineering and in engineering management. The Mashpee Conservation Commission voted to accept Mr. Gurney’s application.
Motion made by Selectman Cook to appoint Mark N. Gurnee to the position of Associate Member of the Conservation Commission.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Acceptance of Resignation – Election Warden:
Correspondence was received from Frank J. Kelly dated February 8, 2009 resigning from his position as Election Warden effective immediately.
Motion made by Selectman Taylor to accept the resignation of Frank J. Kelly as an Election Warden for the Town of Mashpee with regret.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Execution of Annual Town Election Warrant:
Deborah Dami, Town Clerk was in attendance to request the Board approve the May 9, 2009 Annual Election Warrant. Discussion followed regarding the ballot question pertaining to Solid Waste Disposal Options. Two ballot question alternatives were presented to the Selectmen for consideration. Upon review, the Board agreed the one question format would alleviate possible uncertainties.
Motion made by Selectman Taylor to approve Question 1, a non-binding ballot question relative to Solid Waste Disposal Options; having (1) question that would present the (3) options considered for future solid waste disposal pending Town Counsel’s approval.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Motion made by Selectman Taylor to approve and execute the May 9, 2009 Annual Election Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Discussion of Stickers/Passes for Mashpee Transfer Station and Mashpee Beaches:
The Board of Selectmen discussed the matter of stickers/passes for the Mashpee Transfer Station and Mashpee Beaches with the Director of Public Works and Town Clerk. It was noted the Selectmen recently approved a new permit fee for the Transfer Station.
Discussion followed regarding boat ramp and beach stickers. It was agreed a Seasonal Recreation Sticker or a Transfer Station sticker would allow residents and/or taxpayers to park at the Town boat ramps. Seasonal Recreation Stickers are required to be purchased to use the Mashpee Beaches. Residents and/or taxpayers without a Recreation or Transfer Station sticker who wish to use the Town Boat Ramp will be required to purchase a Town Boat Ramp sticker for $5.
Motion made by Selectman Cook to approve the following;
Seasonal Recreation Sticker - $25
Allowed use of Town Boat Ramp & Mashpee Beaches
Town Boat Ramp Sticker - $5
Allowed use of Town Boat Ramp
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
MMR ISSUES:
Upper Cape Selectmen representatives of the Senior Management Board are expected to meet to review the remediation status of the CS & FS (chemical spill & fuel spill) plumes and their boundaries with members of the MMR Installation Restoration Program. It was noted the treatment processes are near the stage of completion and advancing to natural attenuation. Issues pertaining to clean water will be discussed.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:33 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing collective bargaining. The Board will not resume in Open Session.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Cook, yes Selectman Green, yes
Selectman Myers, absent Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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