BOARD OF SELECTMEN
MONDAY, SEPTEMBER 14, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, August 31, 2009 Regular Session
APPOINTMENTS & HEARINGS
6:30 Presentation to Janice Walford
Public Comment
6:40 Public Hearing – Gerald C. Seymour, d/b/a Seymour Auto – License Violation
6:45 Special Events Application – Recreation Department - Mashpee Oktoberfest 10K Road Race
COMMUNICATIONS & CORRESPONDENCE
1) Nitrogen Management Plan Community Advisory Committee
OLD BUSINESS
1) South Cape Beach Update
NEW BUSINESS
1) Review & Execution of Conservation Restriction – New Seabury #5
2) Request of Mashpee Wampanoag Rod & Gun Club – Special Permit – Oct 3, 2009
3) Recommendation for Bid Acceptance – Waterways Dredge Permitting
4) Recommendation for Bid Acceptance – High/Middle School Wastewater Treatment Facility
5) Acceptance of Resignations (2) – Affirmative Action Committee
6) Reappointment to Affirmative Action Committee
7) Affordable Housing Discussion
8) Execution of October 19, 2009 Town Meeting Warrant
9) Appointment to Metropolitan Planning Organization (MPO)
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
September 14, 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
MINUTES:
Monday, August 31, 2009 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, August 31, 2009 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
APPOINTMENTS AND HEARINGS:
Presentation to Janice Walford:
The Board of Selectmen recognized Janice Walford, the founding editor of The Mashpee Enterprise by presenting her with a plaque and an ornamental shrub for her dedicated service to the Town of Mashpee. Ms. Walford, a Mashpee resident retired this past summer after serving twenty plus years with the Enterprise newspaper.
In honor of Ms. Walford, an important citizen of Mashpee’s history, Rosemary Burns, Lee Gurney and Frank Lord expressed appreciation for her publicity and contributions to the Mashpee Archives and One Room Schoolhouse.
The Board of Selectmen also made note of Ms. Walford’s involvement in the creation of the Mashpee Community Park and Veteran’s Garden.
Public Comment: None at this time.
APPOINTMENTS AND HEARINGS:
Public Hearing – Gerald C. Seymour, d/b/a Seymour Auto – License Violation:
The Board of Selectmen opened the Public Hearing by reading aloud the Public Hearing notice relative to reported license violations by Gerald C. Seymour, d/b/a Seymour Auto, 1 Nehoiden Road, Mashpee.
It was disclosed the Selectmen received notice concerning Mr. Seymour’s Class II – Used Car Dealer’s License, specifically regarding the performance of repairs and storage of vehicles in a residential zone. The license specifically states: “Private residence to be used for telephone communication only. No vehicles to be stored on site.” According to Mashpee Zoning Bylaws, auto repairs and/or storage is not permitted in residential zones within the Town of Mashpee.
Mr. Seymour was in attendance to discuss this matter with the Board of Selectmen. Mr. Seymour stated that he has held the license in the Town of Mashpee for the past ten years. Mr. Seymour made note of his business process whereby he would obtain an order for a vehicle via telephone communication and then purchase the vehicle at auction. There are no signs on his property for this service. Mr. Seymour indicated the vehicles purchased by auction are delivered to his home. If required, minor repairs are conducted by local auto repair facilities. The maximum time a vehicle is on the subject licensed premise is three days.
With respect to the allegation that Mr. Seymour advertises as a repair shop, Mr. Seymour stated the accusation is untrue. He has not listed his business on the web, and it is presently not publicized in the local phone booklet.
The Board opened the Public Hearing to solicit comment.
James Vaccaro, a former Selectman member indicated the Class II license was issued during the time he served as Chair. It was disclosed the matter was reviewed with Town Counsel and the former Building Inspector and it was concluded the business was deemed similar to that of a tradesman operating a home based business. Accepting the opinion, the then Board of Selectmen approved the license application approximately fourteen years ago. Mr. Vaccaro explained the applicant is following the terms of his license and conducting business in accordance with the original license. The Selectmen at the time were also aware that vehicles could be stored on site for more than one day.
Mr. Seymour noted that it has been one month since he has sold a vehicle.
Two letters of support were distributed to the Board by Mr. Seymour. The letters received from the South Cape Civic Association and Robert Zarum dated September 12, 2009 were read aloud into the record.
Heidi Trottier, owner of Mr. T’s Auto Repair on Route 130 voiced her support for Mr. Seymour’s Class II license. Ms. Trottier indicated that she conducts repairs and noted that owners often pick-up their vehicle at her place of business. Vehicles are also often repaired at Access Auto. Ms. Trottier stated that Mr. Seymour does not have the equipment or physical capability to conduct the auto repairs.
Mark Burtis, owner of Little River Boatyard spoke in support of the Class II license. Mr. Burtis indicated that Mr. Seymour is a smart character with respect to car sales. He has driven by his home for many years and there has never been an issue.
Dennis Butt, Ann Schneider and Susie Borowski also echoed their support.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to find no violation against Gerald C. Seymour, d/b/a Seymour Auto, 1 Nehoiden Road, Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Special Events Application – Recreation Department – Mashpee Oktoberfest 10K Road Race:
Ted Nardonly was in attendance to discuss the Special Events application of the Mashpee Recreational Department to hold a 10K Road Race on the date of Saturday, October 10, 2009, the date of the Mashpee Oktoberfest.
The race beings at 9:00 a.m. at South Cape Beach ending at the Mashpee Commons Green opposite the Christ the King Church. The route is the same as last year. The applicable regulatory agencies have signed off on the application. Police detail duty is required for the event.
Motion made by Selectman Cook to approve the Special Events Application of the Recreation Department to hold the Mashpee Oktoberfest 10K Road Race on October 10, 2009 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Nitrogen Management Plan Community Advisory Committee:
Correspondence was received from the Town Planner dated September 4, 2009 requesting the Selectmen solicit and appoint replacements to the Nitrogen Management Plan Community Advisory Committee from Precincts 1 and 5 to fill the present vacancies.
The Selectmen agreed to duly advertise for replacement members.
COMMUNICATIONS AND CORRESPONDENCE:
Signage at the Mashpee Rotary:
To alleviate public concern, it was noted that recent signage at the Mashpee Rotary was previously approved by the Board of Selectmen prior to the institution of the newly adopted sign policy for the Mashpee Rotary.
NEW BUSINESS:
Appointment to Metropolitan Planning Organization (MPO):
Motion made by Selectmen Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Correspondence was received from the Cape Cod Commission requesting nominations for representation to the Metropolitan Planning Organization (MPO) Committee & Subsection A. It was noted that Selectmen Taylor is presently serving as Subsection A representative for the Towns of Mashpee, Bourne, Sandwich and Falmouth for regional transportation planning.
Motion made by Selectman Cahalane to nominate Selectman Wayne Taylor to serve on the Metropolitan Planning Organization as the Town of Mashpee’s representative and for Subsection A as identified.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Correspondence from Human Resources Director:
Communication was received from Marilyn Farren; Human Resources Director dated August 31, 2009 regarding the reduction of the Board Secretarial budget for fiscal year 2010. In an effort to conform to budgetary constraints, some committees are scheduling their meetings every other month; others are reimbursing the Town for secretarial services. To assist with fiscal constraints, the Board of Selectmen meets twice a month and schedules additional meetings when necessary.
Santuit Pond Dam Meeting:
A meeting is scheduled at Town Hall on September 22nd with Lindsey Counsell of the Town of Barnstable and representatives from the Division of Marine Fisheries to review the potential of sharing costs associated to the repair of the Santuit Pond Dam which has failed compliance with the Office of Dam Safety and the Department of Conservation and Recreation. To date, Mashpee Community Preservation Act funding has assisted to fund preliminary work conducted by the engineering firm Weston & Sampson. Presently, the water level is down as boards have been removed to lower the lake level and reduce pressure against the dam.
OLD BUSINESS:
South Cape Beach Update:
The Selectmen reviewed correspondence from the Department of Environmental Protection (DEP) dated August 18, 2009 relative to the Town’s proposal to protect the existing asphalt parking lot at South Cape Beach from storm damage. The project proposes the construction of a 540 foot long Earth Sand Cell Module (ESCM).
DEP has denied the Superseding Order of Condition and has advised the Town to focus on beach nourishment for coastal erosion control at this site.
The Selectmen related concern with respect to the prompt denial which lacked a site visit from the State Department. It was agreed the subject property is a valuable asset and that a letter would be remitted to State delegation requesting additional review and support.
NEW BUSINESS:
Review & Execution of Conservation Restriction – New Seabury #5:
Correspondence was received from The Compact of Cape Cod Conservation Trusts, Inc. dated August 20, 2009 relative to the above referenced conservation restriction. It was agreed the matter would be deferred as there was a question regarding future fire protection.
Motion made by Selectman Taylor to defer the above referenced agenda topic to the next Selectmen’s Meeting.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Request of Mashpee Wampanoag Rod & Gun Club – Special Permit – October 3, 2009:
Courtenay Mills was in attendance to request the Selectmen approve the
use of the Mashpee Wampanoag Rod & Gun Club’s liquor license on October 3, 2009.
Motion made by Selectman Cook to approve the Mashpee Wampanoag Rod & Gun Club’s request to use their liquor license on the date of October 3, 2009.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Waterways Dredge Permitting:
Waterways Commission Chair Ken Bates was present to recommend the Selectmen authorize the Town Manager to begin fee negotiations with Applied Coastal Research and Engineering, and upon successful completion of said negotiations, award the contract for engineering services.
The professional engineering services will allow for the preparation and filing of an Environmental Notification Filing for the establishment criteria for permit filing to cover maintenance dredging of the 1916 channel in Popponesset Bay.
Correspondence was received from the Assistant Town Manager dated September 9, 2009 with respect to the bid process.
Motion made by Selectman Cook to approve and authorize the Town Manager to negotiate with Applied Coastal Research and Engineering as referenced.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – High/Middle School Wastewater Treatment Facility:
In response to advertisement for the daily operation of the wastewater treatment facility at the Mashpee High/Middle School, a one year contract for FY10 with the option to renew for FY11 and FY12 was recommended to be awarded to Whitewater, Inc.
Catherine Laurent, DPW Director remitted correspondence to the Selectmen dated September 8, 2009 with respect to this regard. In accordance with the Town Charter, the Department of Public Works oversees the operation of the treatment facility.
Motion made by Selectman Cook to accept the contract from Whitewater, Inc. for the Mashpee High/Middle School as recommended. The monthly operation cost is $2,195. Additional services shall be provided on a time and material basis.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Acceptance of Resignations (2) – Affirmative Action Committee:
The Selectmen were in receipt of two resignations from the Affirmative Action Committee.
Motion made by Selectman Cook to accept the resignation of Karen Murphy and Marilyn Rollins from the Affirmative Action Committee:
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Reappointment to Affirmative Action Committee:
Paul Perry appointed in November 2008 to the Affirmative Action Committee requested the Selectmen’s consideration for reappointment.
Communication was received from Human Resources Officer recommending his appointment.
Motion made by Selectman Cook to reappoint Paul Perry to the Affirmative Action Committee for a term to expire June 30, 2010.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Affordable Housing Discussion:
In conversation regarding the need for affordable housing, the Board of Selectmen agreed to advertise seeking membership to the Affordable Housing Committee.
In accordance with State requirements for Chapter 40B, it is necessary for the Town to target 10% of year round housing as affordable.
As a result of the present economy, several potential sites planned for the development of affordable housing have not been built according to schedule. However, it was noted the Breezy Acres affordable home complex on Old Barnstable Road is moving forward with the development of additional units. Funding from the Community Preservation Act $450,000 has been earmarked towards developmental costs for affordable housing.
It was also noted the Town’s Affordable Housing & Planned Production Plan is up to date and identifies projects approved under Chapter 40B.
Upon discussion, the Board agreed to request the State reconsider their position regarding the designation of mobile home/trailer parks as affordable housing in an effort to increase the Town’s affordable housing inventory.
Execution of October 19, 2009 Town Meeting Warrant:
For disclosure, Selectmen Taylor indicated that he was absent during the Selectmen’s review of the October Town Meeting Warrant due to medical reasons. Selectman Taylor indicated that he is fully supportive of the Selectmen’s majority votes. It was noted the Finance Committee Chair was also absent during deliberations.
Selectman Taylor requested the Selectmen reconsider their action to support Article 14 on the October Warrant relative to Outdoor Lighting.
The newly formed Sign Bylaw Review Committee has conducted two meetings to date. The Selectmen were requested to remove Article 14 to allow the subcommittee to further review the proposal that would amend the zoning bylaws to require a lighting plan and specify lighting standards for projects requiring a special permit or subdivision approval. It was noted the Sign Bylaw Review Committee is in unanimous support to remove Article 14 from the warrant at this time.
Motion made by Selectman Taylor to rescind past action and remove Article 14 from the October Town Meeting Warrant.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Discussion followed with respect to Article 2 to reduce the FY 2010 operating budget in the amount of $314,267.
Motion made by Selectman Cook to rescind past action and remove Article 2 from the October Town Meeting Warrant as originally cast.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Article 2 was amended to reflect specific funding as identified;
School Department Budget $ 90,557
Police Salary/Wage $111,260
Conservation Salary/Wage $ 22,681
Human Resources Salary/Wage $ 29,961
Town Insurance Expense $ 26,323
Legal/Engineering/Consulting Expense $ 15,000
Transfer Station Expense $ 18,845
Total: $314,267
Motion made by Selectman Cook to approve Article 2 of the October Town Meeting Warrant as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Vacancy:
The Superintendent of Schools indicated that a Mashpee teacher is interested in serving on the Environmental Oversight Committee to fill the present vacancy for a designee of the School Committee. The Selectmen directed the Superintendent to request the interested individual to submit a letter of interest to the School Committee.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:33 p.m.
The Board will enter into Executive Session for the purpose of discussing personnel matters. 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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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