AGENDA
BOARD OF SELECTMEN
MONDAY, MAY 11, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, April 13, 2009 Regular & Executive Sessions
Monday, May 4, 2009 Executive Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Reorganization
6:40 Fire Chief - Clearing Vegetation for Fire Access
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Recommendation for Bid Acceptance – Santuit Pond Study
NEW BUSINESS
1) Application for Use of Mashpee Community Park – One-Room Schoolhouse Open House
2) Application for Change of Manager – H&M LLC, d/b/a Heather
3) Application for Change of Manager – 99 Restaurant
4) Proclamation – Citizen of the Year
5) Recommendation for Reappointment – Registrar
6) Acceptance of Resignation – Mashpee Cable & Advanced Technology Board
7) Acceptance of Resignation – Special Events Committee
8) Designation of Compliance Officer and Coordinator (ADA)
9) Review of Updated Grievance Procedures (ADA)
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
May 11, 2009
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Myers, Selectman Richardson
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, April 13, 2009 Regular & Executive Sessions:
It was recommended the letters received regarding the referenced public hearings, and the correspondence relative to the Commercial Street no parking zone be incorporated into the minutes.
Motion made by Selectman Cook to approve the minutes of Monday, April 13, 2009 as amended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Monday, May 4, 2009 Executive Session:
Motion made by Selectman Cook to approve the Executive Session minutes of Monday, May 4, 2009 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Public Comment:
Peter White 72 Main Street expressed congratulations to all who ran in the recent election. Appreciation was also given to the volunteers and voters who participated in the election, and to the voters attending Town Meeting. Mr. White stated that a person is not very patriotic if they do not vote. In other business, Mr. White suggested that neighborhood associations be formed into wastewater districts rather than sewering the entire town. He also suggested the neighborhood associations become more active in initiatives such as recycling and crime watch activities. Mr. White also recommended the town work on renewable energy projects for the October Special Town Meeting and become more proactive in the green community program.
APPOINTMENTS AND HEARINGS:
Reorganization:
Selectman Cahalane opened the nomination process for the purpose of reorganization.
Selectman Taylor motioned to nominate Don Myers as Chairman of the Board of Selectmen
Selectman Cook seconded the nomination.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
Selectman Taylor motioned to nominate Theresa Cook as Vice-Chairman of the Board of Selectmen.
Selectman Myers seconded the nomination.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
Selectman Taylor motioned to nominate John Cahalane as Clerk of the Board of Selectmen.
Selectman Cook seconded the nomination.
VOTE: Unanimous. 4-0.
Selectman Cahalane abstained.
OLD BUSINESS:
Recommendation for Bid Acceptance – Santuit Pond Study:
Article 2 of the May 2009 Special Town Meeting Warrant was approved by the voters to fund a study of the Santuit Pond in the amount of $58,825.
The recommendation to fund the Santuit Pond diagnostic study was brought forth to the Selectmen by the Environmental Oversight Committee. In response to the Request for Proposal, the ENSR Corporation submitted the most advantageous proposal. It was noted the base bid was $51,500. Town Meeting approved of the expenditure for a sum not to exceed $58,825 for additional service including testing. The 164 acre shallow kettle-hole pond suffers from nutrient over-enrichment and is listed in the Clean Water Act for waters requiring a TMDL. Pollutants needing a TMDL (Total Maximum Daily Load) are nutrients and noxious aquatic plants.
The warrant article as identified has secured funding if grant monies from the Office of Energy and Environmental Affairs for funds recovered from the Textron Systems Corporation, Natural Resource Damages Assessment and Restoration Program fund are not attained.
Motion made by Selectman Cook to accept the proposal from ENSR, and authorize the Town Manager to negotiate up to $58,825 for the Santuit Pond Diagnostic Study.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Fire Chief – Clearing of Vegetation for Fire Access:
George Baker, Fire Chief was in attendance to request the Selectmen support the clearing of vegetation within the Mashpee National Wildlife Refuge for Fire Access.
Chief Baker outlined the process which would create an estimated 64,000 feet of roadside for adequate clearance, turnaround, and safe areas along existing roads to provide suitable ingress and egress for fire fighting equipment and apparatus.
Debris would be cleared from each road shoulder, and all trash would be cleaned and removed from work locations. The proposed start date is May 20, 2009 for the 20-day work project funded by the Federal Government established WUI Hazard Fuel Account. Chief Baker indicated the initial project entry will serve as outreach for additional recommended fuels treatment work as outlined in the “Wild-Land Fuels Hazard Assessment for the Mashpee National Wildlife Refuge 2008 document.
The Selectmen were supportive of the program as outlined.
NEW BUSINESS:
Application for Use of Mashpee Community Park – One Room Schoolhouse Open House:
Frank J. Lord, Mashpee One Room Schoolhouse Preservation Council was in attendance to discuss the application before the Selectmen for the use of the Mashpee Community Park on Monday, May 25, 2009. An open house is planned immediately after the ceremony at the Veteran’s Memorial Park. The event is expected to begin at 10:30 a.m. until 12:00 p.m. Following the ribbon cutting ceremony, a tour of the schoolhouse will be held.
Mr. Lord and the Board of Selectmen expressed appreciation to Ann Whitlow, Sunny Merritt and the many supporters of the One Room Schoolhouse. In addition to public support and volunteer contributions, it was noted that Community Preservation Committee funds, the Schools and the Department of Public Works assisted with the relocation and restoration, and the furnishings and signage related to the building.
Motion made by Selectman Cook to approve the application of the Mashpee One Room Schoolhouse Preservation Council on Monday, May 25, 2009 as identified for use of the Mashpee Community Park, and further, waive the permit fee for the non-profit organization.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Application for Change of Manager – H&M LLC, d/b/a Heather:
Scot McNeil, the new manager proposed for H&M LLC, 20 Joy Street Mashpee was present to discuss the license application with members of the Board of Selectmen.
Motion made by Selectman Cahalane to approve the Change of Manager for H&M LLC d/b/a Heather from Heather Allen to Scot McNeil for use at 20 Joy Street, Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Application for Change of Manager – 99 Restaurant:
Terry Gexler, the new manager proposed for 99 West, Inc. d/b/a 99 Restaurant, 8 Ryan’s Way, Mashpee was in attendance to request the Selectmen approve the change of manager application before the Board.
Motion made by Selectman Cook to approve the application of 99 West, Inc. d/b/a 99 Restaurant, 8 Ryan’s Way to approve the Change of Manager to Terry Gexler.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Proclamation – Citizen of the Year:
Selectman Myers read aloud the Proclamation naming Ed & Rick Roche as Citizen of the Year, and proclaim May 13, 2009 as Ed and Rich Roche (Roche Bros. Day) in the Town of Mashpee.
Motion made by Selectman Cook to approve the Proclamation as presented for Ed & Rick Roche as Citizen of the Year for the Town of Mashpee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment – Registrar:
Correspondence was received from the Town Clerk dated May 1, 2009 recommending the reappointment of Susan Regan as Registrar for a three year term.
Motion made by Selectman Cahalane to reappoint Susan Regan as Registrar for a term to expire March 20, 2012.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Mashpee Cable & Advanced Technology Board:
The Selectmen were in receipt of a letter of resignation from James Moroney from the Mashpee Cable and Advanced Technology Board dated April 22, 2009.
Motion made by Selectman Cook to accept the resignation of James F. Moroney from the Mashpee Cable and Advanced Technology Board with regret.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Selectmen recommended that a letter of appreciation be submitted to Mr. Moroney for his dedicated service to the Town of Mashpee.
Acceptance of Resignation – Special Events Committee:
A letter of resignation was received from Elise Perry dated April 10, 2009 from the Special Events Committee.
Motion made by Selectman Cook to accept the resignation of Elise Perry from the Special Events Committee with regret.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Selectmen directed the Town Manager to remit a letter of appreciation to Ms. Perry for her service to the Town of Mashpee.
Designation of Compliance Officer and Coordinator (ADA):
Correspondence was received from the Human Resources Director dated April 9, 2009 recommending the designation of the Compliance Officer and Coordinator be updated to reflect the Town Manager title opposed to the Town Administrator in accord with the change in the Town Charter.
Motion made by Selectman Cook to amend the Designation of Section 504 Compliance Officer and Coordinator to reflect the title of Town Manager, and on page 3, to amend the document to the current Board of Selectmen and respective date of adoption.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Review of Updated Grievance Procedures (ADA):
An updated designation for the Grievance Procedures for Disabled/Handicapped Persons reflecting the Town Manager title in accordance with the mandates of the Town Charter was presented to the Selectmen in a memorandum from the Human Resources Director dated April 9, 2009.
Motion made by Selectman Cook to amend the Grievance Procedures for Disabled/Handicapped Persons to reflect the Town Manager designation, and on page 3, to reflect the current Board of Selectmen and date of adoption.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
It was noted the Environmental Oversight Committee (EOC) is pleased with the results of the May 2009 Town Meeting to fund the Santuit Pond Diagnostic Study.
With respect to the Land Stewards Program, the EOC has expressed concern regarding managerial oversight and the lack of coordination with its volunteers. It was suggested that an Eagle Scout be considered for possible involvement. In response, it was noted the Conservation Agent is very supportive of the Land Stewards Program. An informational meeting was recently held and further informational meetings are expected to be scheduled to improve coordination. In addition, mapping, progress status and accomplishments will be made known.
The EOC Committee has also requested reaffirmation of a previous recommendation to the Selectmen to work with surrounding towns regarding shared watershed responsibility as it pertains to wastewater issues. In response, it was noted the process is moving forward.
With regards to the Mashpee Blue Book, the EOC is seeking volunteer support to assist with the editing of the publication. Students within the school system are anticipated to provide artwork.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:11 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 Myers, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Richardson, yes Opposed, none
Respectively submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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