AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 13, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, March 30, 2009 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Private to Public Road Conversion – Dry Hollow Lane
6:50 Public Hearing – Private to Public Road Conversion – Forest Drive
7:00 Barnstable County Commissioners – Services Update
7:10 New Seabury – Notice of Restriction
7:15 GO 21 – Rail Transportation
Resolution in Support of Increased Freight Rail Hauling Capacity
Request for Sign and Information Kiosk – One-Room Schoolhouse Preservation , Council, Inc.
Proposed Amendment to Transfer Station Rules & Regulations
Request No Parking Zone – Commercial Street
7:30 Mashpee Wampanoag Elders Judiciary Committee – Judicial Ordinance
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Order for Betterment Assessment – Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road, Maple Street
2) Acceptance of Land Donation from Willowbend Country Club, Inc.
NEW BUSINESS
1) Treasurer - Massachusetts Water Pollution Abatement Trust Loan
2) Request of Cape Cod Rowing, Inc. – Youth Rowing Race on May 3, 2009
3) Review of Mashpee Comprehensive Emergency Management Plan
4) Review & Execution Between the Town of Mashpee and Mashpee Commons LP – Treatment and Disposal of Wastewater
5) Review of Amended Personnel Administration Plan Contract
6) Recommendation for Bid Acceptance – Food & Soft Drink Concessions at Town Beaches
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 13, 2009
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Green, Selectman Myers
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, March 30, 2009 Regular & Executive Sessions:
The minutes were amended as follows;
Page 4: Typo in motion to read: McGuire
Page 6: Seasonal Population – Motion seconded by Selectman Taylor
Page 11: Motion made by Selectman Cook, and Transfer Station information was requested to be removed from the motion as it was previously approved by the Board of Selectmen.
Motion made by Selectman Cook to approve the minutes of Monday, March 30, 2009 as amended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
An agenda topic of the Board of Selectmen on this date is the Order for Betterment Assessment of Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road and Maple Street. The Order of Taking and respective layout of said roads were accepted by a vote at Town Meeting duly called for that purpose on May 1, 2006. William Marsters Lakewood Drive indicated that he is the owner of 7 lots being assessed by the referenced betterment assessment. Mr. Marsters indicated he was unaware of the easement taking for the formation of a cul-de-sac at the park & recreation area when all he wanted was a simple turn-around. Mr. Marsters related concern with respect to this regard.
Treasurer – Massachusetts Water Pollution Abatement Trust Loan:
David Leary, Treasurer/Tax Collector was in attendance to request the Board of Selectmen vote on this date, the issuance of a bond, or bonds in an aggregate principal amount not to exceed $190,225 relative to the Massachusetts Water Pollution Abatement Trust loan for the construction of sewers and other water pollution control facilities as identified in the motion. It was disclosed the Selectmen were also advised of the voting requirement from bond counsel.
Motion made by Selectman Cook as Clerk of the Board of Selectmen to pass said vote pertaining to the Massachusetts Water Pollution Abatement Trust Loan which was read aloud and enclosed in the minutes as an official record of the Selectmen’s action.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Private to Public Road Conversion – Dry Hollow Lane:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of Dry Hollow Lane. The plans are entitled “Easement Taking and Layout Plan of Dry Hollow Lane” prepared by Eagle Surveying, Inc., dated July 23, 2007. The hearing notice was read aloud for informational purposes.
Correspondence was received from Keith Baker; Dry Hollow Lane dated March 24, 2009 with respect to this regard. The letter was read aloud into the record. In accordance with the memorandum, Mr. Baker stated that he was a signatory on the petition, but he signed the petition thinking it was to support road plowing. Mr. Baker in his letter stated he was unaware of the road conversion proposal. According to his opinion, the road is not in bad shape, and in tough economic times, he feels it is unfair to be assessed for a $130,000 construction project.
The FY2010 estimate for the conversion of Dry Hollow Road from a public road to a private road is $130,873.40. The total maximum betterment to be borne by 21 property owners is $6,232.07. The property owners have the opportunity to stretch the payment over a twenty year
period. To move forward with the conversion process, a second petition to be signed by 51% of the property owners of Dry Hollow is required.
Mr. Baker was in attendance and explained to the Board that he was not aware of any expenses when he signed the petition in thinking that it was about snow plowing.
The Selectmen agreed to review the original petition.
Mark Ray 46 Dry Hollow asked about the cost estimate for the road conversion. It was noted the Town can only assess the maximum construction cost for the intended road conversion. The cost includes legal and engineering, and interest fees. Mr. Ray stated in his opinion, the road is in great shape, he questioned the need for improvements because Dry Hollow is a low traffic road.
Catherine Laurent, Director of Public Works stated that road improvements are necessary because the Town is proposing to take over the road. This process would allow for the Town to bring the road to standard. Repairs include crack filling, and drainage repair. The overlay that is proposed will improve the drainage of the road. Presently, the road pavement is 2” to 4.5” in depth. As a result of the existing variation a 1.5” to 1.3/4” overlay is proposed.
Mr. Ray stated that in his opinion, $7,000 is excessive for the basic services the Town has to offer.
It was noted the Town sets standards agreed upon by the DPW and Planning Board. When the Town takes over a road, it is constructed to meet such standards. Two standard petitions are required and distributed to the residents who are in request of a road conversion. The first petition authorizes the layout and taking plan. The second petition must be approved by more than 50% of the property owners to bring the petition forth to Town Meeting. Dry Hollow Lane as it presently exists is privately owned, and a liability of the homeowner.
Being no further 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. 5-0.
Public Hearing – Private to Public Road Conversion – Forest Drive:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of Forest Drive as shown on plans entitled “Easement Taking and Layout Plan of Forest Drive” prepared by Eagle Surveying, Inc., dated October 9, 2008.
The Hearing notice was read aloud into the record.
The total estimated cost for the betterment is $164,818.50. The maximum cost to be borne by 27 property owners is $6,104.39.
Correspondence was received from Marilyn Frazier 48 Forest Drive dated April 1, 2009 in opposition to the road conversion. The letter as received was read aloud for informational purposes.
John Donovan 9 Lantern Lane stated that he was never asked to sign the petition. Mr. Donovan indicated that he is 100% against the petition. Mr. Donovan noted that his house is situated on a corner lot. In concern to his driveway location, and future assessments, it was noted that betterments are assessed on one driveway location.
Andrew Sullivan 47 Forest Drive voiced his opinion in favor of the road conversion. Mr. Sullivan indicated there are two potholes in the road, and that it is a good idea to improve the road.
Brian Everett 77 Forest Drive indicated the assessment is very high, in fact absurd. Mr. Everett asked if there are other options, and if the Town is able to repair the two potholes.
In response to the questions, it was noted that Forest Drive is a private road. Therefore, residents are responsible for the upkeep. Discussion followed regarding avenues that would qualify for potential funding assistance. The Town is able to make a one-time repair to a private road if the road repair is deemed a matter of public safety, although at this time, it was noted there are Town budgetary limitations. An additional alternative is to have the abutters pay the Town directly for road improvements that would be performed by the DPW.
Patrick Flynn 10 Forest Drive stated that he circulated the petition. Mr. Flynn indicated the road has failed and it is hopeful the neighbors will sign the second petition to move the process forward.
Motion made by Selectman Green to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Barnstable County Commissioners – Services Update:
Sheila Lyons, Chair of the Barnstable County Commissioners was in attendance to update the Selectmen on the direction of the county agencies and preparation of budgets for the upcoming fiscal year. Marcia King, Mashpee’s representative to the Assembly of Delegates and Paul Niedzwiecki of the Cape Cod Commission were also present for discussion purposes.
The Barnstable County Commissions recently submitted the fiscal year 2010 budget proposal for next years programs and the operations of Cape Cod’s regional government. The budget is expected to be finalized at the end of June. Key programs proposed to be funded include; the establishment of an Office of Regional Coordination, the preservation of full staffing and services of Children’s Cove, continued funding for regional service agencies, the expansion of the Economic Development Council’s grant program and the continued funding of the Cape Cod Water Protection Collaborative.
New measures are proposed to respond to reduced revenues from the county real estate deeds excise tax. The budget proposes to increase the deeds excise tax by $0.43 per $1,000 valuation (from $2.28 to $2.71 per $1,000), a step freeze on county employees pay for the fiscal year and departmental budget cuts.
A funding source from DHCD will provide for regionalization studies associated to the consolidation of housing authorities, and police and fire dispatch services. It is also hopeful there would be a regionalization designation for the Cape to assist in the design and construction of future energy projects under the Green Communities Act and also for water treatment management.
APPOINTMENTS AND HEARINGS:
New Seabury – Notice of Restriction:
Selectman Cahalane stepped down for the above referenced agenda topic.
Selectman Taylor presided.
James Vaccaro and Thomas Fudala were present to request the Selectmen extend the special permit for land in South Mashpee commonly known as New Seabury by approving the Notice of Restriction on this date in accordance with M.G.L. c. 184, § 27(b). It was disclosed that Town Counsel, Patrick Costello has reviewed and approved the document to form.
Motion made by Selectman Cook to approve the Notice of Restriction to extend the special permit of New Seabury as referenced.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cahalane abstained.
Go 21-Rail Transportation:
Resolution in Support of Increased Freight Rail Hauling Capacity:
Go21, Growth Options for the 21st Century were presented to the Selectmen by Pamela Mann representative of the nonprofit organization which promotes freight transportation alternatives.
The benefits of freight rail include; less highway congestion, greater fuel efficiency, cleaner air and responsible public policy.
A Resolution in Support of Increased Freight Rail Hauling Capacity was presented to the Selectmen for adoption.
Motion made by Selectman Cook to agree with the concept of increased freight rail hauling. The Town Manager was directed to prepare a Resolution more specific to the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The matter will appear on the May agenda of the Board of Selectmen.
APPOINTMENTS AND HEARINGS:
Request for Sign and Information Kiosk – One Room Schoolhouse Preservation Council, Inc.:
Catherine Laurent, Director of Public Works and Frank J. Lord, Mashpee One Room Schoolhouse Preservation Council discussed their proposal to erect a sign and information kiosk for the newly relocated One Room Schoolhouse.
The sign would be placed at the intersection of Great Neck Road North and Collins Lane adjacent to the Town Archives. A site plan was attached for the Selectmen’s review. Photographs were enclosed to depict how the sign would appear from different vantage points. The information kiosk would be placed at the beginning of the walkway from the parking lot to the schoolhouse. The information kiosk will be built by Mashpee High School students.
The sign would lie within the layout of the above mentioned roads and requires approval from the Board of Selectmen.
The Historic District Commission is scheduled to review the sign request at their meeting of April 16, 2009. The Design Review Committee has approved the sign request. An approval is time sensitive since the ribbon cutting ceremony for the Schoolhouse is scheduled at the end of May.
Motion made by Selectman Cook to approve the sign request and location for the newly relocated One Room Schoolhouse pending approval from the Historic District Commission.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Proposed Amendment to Transfer Station Rules & Regulations:
Correspondence was received from the DPW Director dated April 6, 2009 recommending the Selectmen amend the Transfer Station Rules and Regulations to prohibit scavenging and removal of any item or material from the property. Signs are posted at the Transfer Station stating “no picking”; however, the Rules and Regulations have never been amended to prohibit this activity.
Motion made by Selectman Cook to approve the amendment to the Transfer Station Rules & Regulations as proposed.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Request for No Parking Zone – Commercial Street:
The DPW and Police Department have recommended the prohibition of parking on a portion of Commercial Street. The recommended parking ban is on the west side of Commercial Street in the vicinity of the Cape Cod Community Health Center. Photographs were in the Selectmen’s packet to view the present parking concern and recommended remediation.
Motion made by Selectman Cook to approve the proposed parking regulations on Commercial Street as defined.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Mashpee Wampanoag Elders Judiciary Committee – Judicial Ordinance:
The above referenced agenda topic was deferred to the May Selectmen’s Meeting.
OLD BUSINESS:
Order of Betterment Assessment – Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road, Maple Street:
The Board of Selectmen reviewed the above referenced Order of Betterment Assessment, the final action for road construction improvements as authorized by the May 2006 Town Meeting.
Mr. William Marsters, Lakewood Drive was in attendance and discussed his concerns earlier under the public comment portion of tonight’s agenda. It was disclosed that Town Counsel has outlined the legal process for Mr. Marsters regarding this article.
Said road cost is $327,333.07. A proportionate share of the cost to each parcel is listed on Schedule A as attached to the Order of Betterment Assessment. The cost of the betterment assessment is $3,616.94 and $1,808.47 respectively as identified on the attachment.
Motion made by Selectman Myers to execute the Order for Betterment Assessments for the construction of improvements to Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road and Maple Street as outlined.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Acceptance of Land Donation from Willowbend Country Club, Inc.:
The agenda topic was deferred to the next scheduled Selectmen’s Meeting.
NEW BUSINESS:
Request of Cape Cod Rowing, Inc. – Youth Rowing Race on May 3, 2009:
Approximately 300 persons are expected to attend the fourth Youth Rowing Race proposed by the Cape Cod Rowing Club on Sunday, May 3, 2009 at John’s Pond. Although the beach is not officially opened, it will remain open to the public during the event.
Representatives from Cape Cod Rowing were in attendance to discuss their request for access to John’s Pond for the youth event. The Cape Cod Rowing organization is expected to assume responsibilities for clean-up. A dumpster and portable restroom facilities will be placed on site by the Rowing Club for the non-resident youth league event.
Motion made by Selectman Cook to approve the Youth Rowing Race on May 3, 2009 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The Selectmen agreed to re-visit the cost of clean-up fees. Currently, the Town charges $25 per game for Heritage Park, $25 per day for John’s Pond Park/Beach and $75 per day for South Cape Beach.
Review of Mashpee Comprehensive Emergency Management Plan:
The Board of Selectmen reviewed the Town of Mashpee Comprehensive Emergency Management Plan, Functional Annex. The purpose of the annex is to provide for the effective Mass Acre Sheltering of persons displaced during a natural or man-made disaster. It was noted the Board of Health and Police and Fire Departments gave input into the March 31, 2009 document.
Motion made by Selectman Taylor to approve the Mashpee Comprehensive Emergency Management Plan as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Review & Execution Between the Town of Mashpee and Mashpee Commons LP – Treatment and Disposal of Wastewater:
The Board of Selectmen reviewed the Agreement between the Town and Mashpee Commons for the treatment and disposal of wastewater. It was disclosed the document has been fully reviewed by representing counsels to form. The contract agrees the contractor referred to as Mashpee Commons, LP will receive, treat and dispose of the municipal wastewater and sewage generated by certain Town owned properties through the contractor’s sewage works and wastewater treatment facility. Phase I properties include the Police Station, Fire Station, Senior Center and New Mashpee Public Library.
Town Properties to be serviced by the Sewage Works in Phase II include the Coombs School, Quashnet Middle School and the Quashnet Middle School Addition.
Motion made by Selectman Cook to approve and execute the Agreement between the Town of Mashpee and Mashpee Commons, LP for the Treatment and Disposal of Wastewater.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Review of Amended Personnel Administration Plan Contract:
The revised Personnel Administration Plan (PAP) for the Town of Mashpee was reviewed by the Board of Selectmen. It was noted the amendments are consistent with the mandates of the Town Charter and reorganization plan for the Human Services Department. Upon execution, the provisions of this Plan will be effective July 1, 2008, and shall be automatically renewed from year to year thereafter. The Town Manager may, from time to time, review, amend or change the Plan.
Motion made by Selectman Cook to accept the Personnel Administration Plan as revised.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Bid Acceptance – Food & Soft Drink Concessions at Town Beaches:
In response to advertisement for bid proposals for the operation of the concession stands at the Town Beaches for the upcoming season, (4) bids were received.
Correspondence was received from the Leisure Services Department dated March 27, 2009 recommending the bid award be accepted from Cape Cod Pro Food Services of Hyannis, MA. The high bid firm was selected by the Leisure Services Department pending the Selectmen’s approval and Health Department Inspection. The official opening of the Town Beaches is Saturday, June 20, 2009. It is recommended that a contract be approved for this starting date.
Motion made by Selectman Taylor to award the Food & Soft Drink Concession bid at the Town Beaches to Cape Cod Pro Food Services in the amount of $3,000 for the 2009 summer season.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Little League Concessions:
It was noted the Little League Concessions are expected to go to public bid. The matter will appear as a future agenda topic of the Board of Selectmen.
MMR:
With respect to upcoming decisions on the plumes, it was disclosed the Senior Management Board comprised of Selectmen representation from surrounding towns is expected to review actions being taken by the MMR regarding the closure process. The Senior Management Board is expected to remain in place, acting in a limited role until project completion.
In other business, it was noted the Ground Water Study Program was recently cited by the EPA for not following approved plans. A procedural citation was issued and discussed at a past CCMMR meeting. As a result of this occurrence, Selectmen members are expected to be notified immediately of any violations relative to past protocol.
Adjournment:
Motion made by Selectman Myers to adjourn at 8:10 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing collective bargaining. The Board will not reconvene in Open Session.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes 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
| 
