AGENDA
BOARD OF SELECTMEN
MONDAY, MAY 18, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Ronald Bourque - Request for Osprey Nesting Platform
6:45 Gus Frederick – Presentation – Recreation Department/ Website
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Approval of Commercial Mooring Fees
2) Acceptance of Land Donation from Willowbend Country Club, Inc.
3) Solid Waste Disposal - Results of Referendum and Next Steps
NEW BUSINESS
1) Request from Popponesset Beach Association – Traffic Regulations
2) Request from Southport – Enforcement of Traffic Laws
3) Applications from Mashpee Chamber of Commerce
Night of 100 Wines – One-Day Wine and Malt License
La Tavola – One-Day All Alcohol License
Oktoberfest – One-Day Wine and Malt License
4) Application of Mashpee Community Concert Committee, Inc.
Community Concert – One-Day Wine and Malt License
5) Recommendation for Bid Acceptance – Concessions at Heritage Park
6) 2009 Selectman Liaison Assignments
7) Ratification of Police Lieutenants Contract
8) Conversion of Roads from Private to Public
9) Ratify/Acceptance of Beach Concession Bid
10) Authorization to Negotiate & Execute Contract for Orleans Blue Pages
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
May 18, 2009
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
APPOINTMENTS AND HEARINGS:
Public Comment:
John Malloy and George Malloy signed up for Public Comment to discuss
the conversion of roads from public to private. The Selectmen agreed to allow the gentlemen to give input at the time of discussion as the matter appears under the topic New Business.
APPOINTMENTS AND HEARINGS:
Ronald Bourque – Request for Osprey Nesting Platform:
Ronald Bourque 97 Monomoscoy West Road was in attendance to request the Selectmen grant permission to erect an Osprey nesting platform and pole at a site shown on Assessors Map 114 Lot 5A. The location is adjacent to Mr. Bourque’s Monomoscoy property. A map of the proposed area was presented to the Selectmen for additional review. It was disclosed there is no access to trespass the site other than by water.
Mr. Bourque indicated he attended a public hearing with the Conservation Commission on April 16, 2009 on this matter. The Conservation Commission was supportive of the site location for the nesting platform and pole, and recommended the Selectmen be aware of the project proposal. An additional Conservation Commission public hearing is scheduled to formally approve the project. Mr. Bourque indicated the Conservation Commission has filed the necessary paperwork for the Wetlands Protection Act.
Discussion followed with respect to the Town’s liability. Mr. Bourque explained in his research there has never been an incident of liability towards an individual. However, structural damage to chimneys and power lines has been reported. The Selectmen agreed the installer for the project must have liability insurance. The contractor’s certificate of insurance should name the Town as the additional insured.
Motion made by Selectman Taylor to approve the request to install an Osprey nesting platform and pole subject to the site approval of the Conservation Commission, and pending liability insurance from the contracted installer.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Gus Frederick – Presentation – Recreation Department/Website:
Gus Frederick gave an overview of the Leisure Services new activity registration system announcing the new website for access. The new website entitled: MashpeeRec.com will streamline the process by enabling users to review the programming and complete the registration process online.
Mr. Frederick respectfully requested the Selectmen support the new online registration system and title change of the Leisure Services Department to reflect the name change: Mashpee Recreation Department.
The Selectmen were supportive of the new online program and respective title change.
The Mashpee Recreation Department promotes quality continuing education programs, recreational activities and special events.
OLD BUSINESS:
Approval of Commercial Mooring Fees:
Police Chief Rodney Collins discussed the matter of commercial mooring fees with the Board of Selectmen. In January, the Waterways Commission met with the Board to review to issue of mooring fees to improve the revenue stream. The Selectmen approved the recommendation of the Waterways Commission for a revised fee structure.
Upon review, it was determined the Town did not have a fee structure for its 15 commercial moorings. The Selectmen requested this matter be further reviewed.
Under the current fee system, boats 30’ plus are charged $400 per mooring. Chief Collins recommended the Board consider charging the maximum of $400 per mooring, and charge $650 if the mooring has an attached floatation device to enable the attachment of 2 boats to the mooring.
The Town Manager suggested a fee structure as follows; $400 per mooring, $800 for double floats allowing 2 boats.
Thirteen commercial moorings are presently owned by Bosun’s Marine located at the Mashpee Neck Marina and 2 are held by the New Seabury Marina. Ten of the thirteen moorings located at Bosun’s Marina enable the attachment of two boats to a mooring.
Tin Leedham, owner of Bosun’s Marine and Mashpee Neck Marina also a member of the Waterways Commission was in attendance and related concern to the proposed fee structure. Mr. Leedham holder of the 13 commercial moorings indicated that he was not aware of matter when it was before the Waterways Commission and did not anticipate an increase in the fee structure. At this time, the increase presents a hardship to his business.
The Selectmen agreed to revisit the fee structure at the beginning of the new year, and requested the new Selectmen liaison be a part of the discussions with the Waterways Commission.
Motion made by Selectman Cahalane to accept the recommendation of the Chief of Police and Waterways Commission for commercial moorings; $400 per mooring, $650 for double floatation effective immediately, and further all mooring fees shall be reviewed at the beginning of next year.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Acceptance of Land Donation from Willowbend Country Club, Inc:
The Cape Cod Commission required Willowbend’s 9-hole golf course expansion in 2002 to deed certain parcels of land to the Conservation Commission for open space purposes. The two parcels are identified on Assessors Map 45 Block 74 adjacent to the Mashpee Water District and conservation restricted land fronting Noisy Hole Road and on land identified as Map 53, Block 82 which provides a connection between an adjacent existing Conservation parcel and Meetinghouse Road.
It was disclosed the Board of Selectmen in June of 2004 voted to accept the conservation restriction. However, the deed was not executed.
Motion made by Selectman Taylor to execute the original Deed for the Meetinghouse Road parcels donated from Willowbend Country Club, Inc.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Solid Waste Disposal – Results of Referendum and Next Steps:
In response to the May 2009 non-binding referendum ballot question for the disposal of solid waste, the following affirmative results were disclosed;
Status Quo 1036
Curbside Collection 186
Pay As You Throw 318
It was noted that 103 citizens chose not to vote on this question.
Correspondence was received via email from Ed Baker dated May 15, 2009 recommending the Town act now to minimize future financial and environmental enforcement related problems instead of waiting to react when they occur. Mr. Baker’s memo was read into the record.
In 2014, the Town of Mashpee is expected to re-negotiate a contract with SEMASS.
Discussion followed with respect to mandatory recycling, streamlining the recycling process and continued education and incentives on the benefits of recycling. Catherine Laurent distributed a spreadsheet on the potential savings from recycling in transportation and tipping fees. Ms. Laurent also disseminated information on permit fees from FY10 to FY12 for the status quo option.
Nicki Descoteaux 118 Wading Place indicated that change comes hard, especially in tough economic times. In her opinion, it is not surprising the Town voted to maintain the status quo. Ms. Descoteaux made note of the recent forum held in New Seabury on the subject matter prior to the election and the results of the straw ballot held at the New Seabury forum. The small group of residents attending the forum voted 18% in favor of curbside and 83% in support of the pay-as-you-throw program. The status quo option received 0% votes.
Ms. Descoteaux suggested the Selectmen review this matter, make the necessary financial decisions and guide the citizens to accept the change. Ms. Descoteaux stated that this discussion has been ongoing since 2002.
Motion made by Selectman Cahalane to form a subcommittee comprised of Selectmen representation, the Town Manager, Director of Public Works, and Board of Health representation to develop a plan of action relative to solid waste disposal and report to the Board of Selectmen within 60 days of this date.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Selectmen representatives for the subcommittee are; Selectman Myers and Selectman Richardson.
Acceptance of Beach Concession Bid:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Due to technicalities with the recent bid approved for beach concessions, the Selectmen were requested to rescind their past decision and award the contract to Cool Licks, the second bidder for the contract.
Motion made by Selectman Taylor to rescind the vote of April 13, 2009 to Cape Cod Pro Food Services for Beach Concession, and award the Food & Soft Drink Concession bid at the Town Beaches to Cool Licks for the 2009 summer season.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request from Popponesset Beach Association – Traffic Regulations:
Correspondence was received from Mardy Claus, Popponesset Beach Association dated May 4, 2009 requesting the enforcement of the traffic regulations by officers of the Mashpee Police Department.
The motion of the Popponesset Beach Association relative to the enforcement of traffic regulations was enclosed in the correspondence. A list of roads/ways to enforce the 20 mph speed limit and to prevent all parking or stopping on such ways in order to prevent the obstruction of traffic flow was included in the communication.
Rodney Collins, Chief of Police was in attendance as was Christine Fernandez a member of the Popponesset Beach Board of Directors to discuss this matter with the Board of Selectmen.
The Selectmen requested to review past minutes under the guidelines of MGL, Chapter 90, Section 18 to re-affirm that this action is permissible.
Discussion followed with regards to the intent of the proposal. It was noted the police detail at the expense of the Popponesset Beach Association would control congestion caused by stopping and parking within the described roads and ways. In addition to added police detail, the association has added more stop signs and signage to make this concern known. Because of the increased congestion in these areas, several residents have difficulty accessing their driveways.
Motion made by Selectman Cook to accept the request of Popponesset Beach Association to employ Mashpee Police Department detail officers for the purpose of establishing traffic regulations governing all ways within the jurisdiction of the Popponesset Beach Association.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request from Southport – Enforcement of Traffic Laws:
Ronald Bonvie Southport Condominium Association remitted communication to the Selectmen in a memorandum dated February 23, 2009 requested the Mashpee Police Department be authorized to enforce the speed limit of 20 miles per hour and traffic laws within the community of Southport.
Chief Collins was in attendance to discuss this request with the Board of Selectmen. The Administration of the Government as it pertains to Chapter 90, Section 18, Special Regulations, Speed and Use of Vehicles was reviewed.
Rodney Collins, Chief of Police recommended approval. Recent correspondence from Town Counsel also gave an affirmation to the request for enforcement to be paid for by the Southport Association.
Motion made by Selectman Cook to approve the request of the Southport Condominium Association to employ the Mashpee Police Department Police to enforce the speed limit of 20 miles per hour and traffic laws within the community of Southport as described.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Applications from Mashpee Chamber of Commerce:
Thomas O’Neill, Mashpee Chamber of Commerce presented three applications to the Board for the following one-day licenses; Night of 100 Wines, La Tavola and Oktoberfest.
At this time, the Oktoberfest application was deferred by the applicant.
With the Selectmen’s approval, the Night of 100 Wines, a one-day beer and wine license application is scheduled to be held on June 27, 2009 from 5:30 p.m. to 8:30 p.m. at the South Cape Village Commercial Street location. The La Tavola, a one-day all alcohol liquor license application is scheduled to be held on August 14, 2009 from 5:00 p.m. to 9:00 p.m. The site is Joy Street, South Cape Village.
The Selectmen requested the applicant consider ample handicap parking for both events. Mr. O’Neill obliged and stated that adequate parking would be available for disabled persons. Additional information with respect to this regard can be discussed with the Mashpee Chamber of Commerce personnel.
Motion made by Selectman Cook to approve the annual Night of 100 Wines granting a one-day beer and wine license on June 27, 2009 as the subject site location as described.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to approve the second annual La Tavola event granting a one-day all alcohol liquor license on August 14, 2009 as described.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Application of Mashpee Community Concert Committee, Inc.
Mashpee Community Concert Committee member Chris Ball was in attendance to request the Selectman approve the annual application for a one-day wine and malt license for the Mashpee Community Concert on July 25, 2009 with a rain date of July 26, 2009 from 5:00 p.m. to 10:00 p.m. at the Mashpee Commons parking lot.
The issue of handicap parking was also addressed with the applicant. It was disclosed the Community Concert Committee allocates 26 handicap parking spaces at a premier location for disabled persons.
Motion made by Selectman Cook to approve the application of the Mashpee Community Concert Committee for a one-day wine and malt license for the Mashpee Community Concert on July 25, 2009 with a rain date of July 26, 2009 as described.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Concessions at Heritage Park:
In response to advertisement for concessions at Heritage Park, one bid was received that was not within the scope of the Request for Proposal. The Selectmen were requested to reject the bid and declare it unresponsive.
Motion made by Selectman Cahalane to reject the sole bid as received from John P. Jasset d/b/a Cape Cod Pro Food Service for concessions at Heritage Park declaring it unresponsive.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
2009 Selectman Liaison Assignments:
The Board of Selectmen received their liaison assignments for 2009 – 2010. It was agreed Selectman Cahalane would be responsible for Human Services opposed to Planning & Construction. Selectman Taylor is now liaison to Planning & Construction in lieu of Human Services.
NEW BUSINESS:
Ratification of Police Lieutenants Contract:
The Board of Selectmen agreed to ratify in public session, the contract between the Town and Police Lieutenants, Unit C for the term July 1, 2007 through June 30, 2010. The contract increase is 0%-0%-0% for the three year term.
Motion made by Selectman Taylor to ratify the Agreement between the Town of Mashpee and Mashpee Public Employees Local Union; Unit C – Police Lieutenants from July 1, 2007 through June 30, 2010
as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Conversion of Roads from Public to Private:
It was noted that the subcommittee is presently working with the GIS Coordinator to map all public and private roads and gated community roadways within the Town of Mashpee. A full report relative to roads in the Town is expected to be presented to the Board at the end of June.
George Malloy 110 Whippoorwill Circle asked about the conversion process of roads from private to public. The two-part petition process was outlined for informational purposes. It was disclosed the first petition requests Town Meeting action to develop a plan. Betterment charges are then determined. The second petition in the process that would go before Town Meeting requires signatures from at least 51% of the property owners to begin the conversion process.
The Town at this time does not intend to take over all private roads. In response, John Malloy indicated his questions were answered.
It was agreed the agenda topic would be placed on the Selectmen’s June 22, 2009 agenda.
At this time, the subcommittee is surveying other communities and reviewing financial implications regarding maintenance and possible and future road conversions in addition to a potential moratorium.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Mashpee Blue Book:
With regards to the future Mashpee Blue Book, it was noted the Assistant Town Manager has submitted an application that would allow the Town to purchase an editable PDF file of the Orleans Blue Pages. The proposed cost is $150.
With payment and an approved agreement, the Town would have the ability to format proposed chapters on the Town’s website to begin the work-in-progress for the new Mashpee Blue Book.
Authorization to Negotiate and Execute Contract for Orleans Blue Pages:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to authorize the Assistant Town Manager to negotiate and execute an agreement for an editable PDF file of the Orleans Blue Pages.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Grant Application – Green Hybrid Vehicle:
It was disclosed the Town is seeking grant funding in the amount of $2000 to assist in the purchase of a Ford Escape, a green hybrid vehicle under the MA Clean Cities Green Community grant. The monies if attained would be included with the approved $25,000 CIP allotment for a municipal vehicle in FY2010. The total cost of the hybrid vehicle is $27,500.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 8:05 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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