AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 9, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, February 23, 2009 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Capital Improvement Program
COMMUNICATIONS & CORRESPONDENCE
1) Cape Cod Commission – Letter of Support
OLD BUSINESS
NEW BUSINESS
1) Community Garden Proposal
2) Acceptance of Resignation – Conservation Commission Associate Member
3) Certificate of Announcement - DCR Consideration of Conservation Land
4) Review of Special & Annual May Town Meeting – Draft #1
5) Approval of Request from Verizon - Placement of New Utility Pole – Pimlico Pond Road
6) Notice of Restriction
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 9, 2009
Present: Selectman Taylor, Selectman Cook, Selectman Green, Selectman Myers
Town Manager Joyce Mason
Absent: Selectman Cahalane
Meeting Called to Order by Vice-Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, February 23, 2009 Regular & Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, February 23, 2009 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Community Garden Proposal:
A subcommittee consisting of Selectman Wayne Taylor, Ted Nardonly and Heidi Trottier brought forth a recommendation to the Board of Selectmen to develop a site of Town owned land to serve as a potential community garden. Upon review of sites recommended by the Town Planner, the former Attaquin Hotel property, a 20,000 square foot level site adjacent to Route 130 was selected as the most suitable location to begin the pilot gardening program.
The green initiative concept relative to the development of a community garden in Mashpee was discussed in detail. In addition to the growing of fruits, vegetables, and flowers, additional attributes to the program include educational benefits, socialization and the enhancement of community spirit. The property location is also visible to allow for police security.
A Mashpee Community Garden application was prepared by the three member steering committee as listed above. Each garden plot is approximately 8 x 12’. The plot rental fee is $25 per year, a nominal cost to support DPW fees associated to the transportation of loam and other supplies to the garden and parking areas. Funds would be administered through the Office of the Town Manager and returned to the general fund.
A list of rules pertaining to use of the community garden were also developed and reviewed. As required by the new regulations, applicants must be residents of the Town of Mashpee or taxpayers. The garden would be a safe place for the community and gardeners must use only organic fertilizers, insecticides and weed repellents. The steering committee maintains the enforcement of rules and decisions for all gardeners.
It was disclosed the Attaquin Hotel site location was purchased with Community Preservation Act (CPA) funding. The project is therefore eligible for improvement with potential and future CPA funding.
With regards to providing water to the gardens, it was noted there is an inactive well on site and CPA funding may be applied for to restore the well. At this time and due to present funding limitations, the DPW is expected to use their water-truck to provide water to the site. It was suggested that an old fashioned hand pump be used during the interim to access the well water.
The Selectmen agreed the green initiative project is a positive effort for the benefit of the Town of Mashpee. It is hopeful the program will be extended in other areas of the community.
Motion made by Selectman Cook to approve the Community Garden proposal as outlined.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Capital Improvement Program:
The Board of Selectmen opened the Public Hearing on the proposed Capital Improvement Plan for FY2010. The Hearing notice was read aloud in accordance with posting requirements.
In attendance were CIP members Joyce Mason, Theresa Cook, Nancy Jo Goulart and Charles Gasior.
The Capital Improvement Program (CIP) Committee deliberated on capital needs and projects for fiscal year 2010. Upon deliberation, the CIP Committee voted to recommend a capital budget to consist of $270,000 from free cash and $120,000 from the Mashpee Cable & Advanced Technology Account (MCAT).
The following projects recommended by the CIP Committee and approved by the Town Manager include;
CIP Funding - $270,000 Free Cash
Police Lease 10 Vehicles $105,000
Police Lease 4 Vehicles $ 40,000
Building Needs Assessment $ 60,000
Town Hall Vehicle Pool $ 25,000
DPW Pickup Truck w/Plow $ 40,000
Total CIP Appropriation: $270,000
MCAT Funding - $120,000
IT – PC Replacements $ 30,000
IT – Tape Backup $ 10,000
School – PC/Projectors $ 40,000
Town Surveillance $ 40,000
Total MCAT Appropriation $120,000
Total Capital Appropriation $390,000
It was noted the Mashpee Cable & Advanced Technology Board funding initiative as identified will support relevant projects to assist the Information Technology Department with the continuation of the desktop PC replacement program and the one-time expense to upgrade the nightly tape backup hardware. The new software will improve police and fire backup data requirements and allow for the backup of digital surveillance camera imagery.
MCAT funding will also allow for the replacement of classroom technology for the school department. The allotment for town surveillance will begin phase I of the intended surveillance program to support the installation of digital cameras and allow for the installation of card reader access systems to enhance monitoring.
Free cash funding in the amount of $270,000 will support the continuation of the police vehicle lease program and provide a town building needs assessment to assist in the development of a maintenance/capital improvement plan for all town buildings and schools. The assessment will identify and prioritize long term capital project needs and was prioritized by the CIP Committee for funding in FY2010.
One new vehicle is also proposed in the CIP program for purchase for use in the town vehicle pool. The vehicle would replace the Board of Health 1996 Jeep Cherokee. The Capital Improvement Program Committee also recommended the purchase of a pickup trick with plow for the DPW to replace a 1999 F350 pickup truck with plow deferred from the CIP program in FY06.
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 Green.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cook to accept the FY2010 Capital Improvement Program as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
COMMUNICATIONS AND CORRESPONDENCE:
Cape Cod Commission – Letter of Support:
It was disclosed the Cape Cod Commission submitted a letter of support dated March 9, 2009 to the Office of Energy and Environmental Affairs Natural Resource Damages Assessment and Restoration Program for the Town of Mashpee’s request for Textron funding for the Santuit Pond diagnostic study.
The CCC is also requesting funding in the second round for the Regional Wastewater Management Public Participation Project for Upper Cape Cod. The $50,000 project with a match of $8,000 in in-kind services if approved would result in a better public understanding of potential regional wastewater management alternatives that could be incorporated into each of the four Upper Cape town’s local comprehensive wastewater management planning efforts.
The Selectmen were requested to submit a letter of support to the Office of Energy and Environmental Affairs for the Cape Cod Commission’s proposed project for regional solutions to wastewater management.
The Selectmen agreed to further review the proposal. The topic will be placed on the next agenda for continued discussion.
Library – Steel Beam Signing:
Thursday, March 12, 2009
12:00 p.m. – 2:30 p.m.
New Library Building Site Location
Recognition - Mashpee High School Basketball Team:
The Selectmen recognized the Mashpee High School boys Basketball team for a successful season making it to the MIAA Division 4 South Sectional Tournament. The team lost in the semi-final round to Cathedral High School.
NEW BUSINESS:
Acceptance of Resignation – Conservation Commission Associate Member:
The Selectmen were in receipt of a resignation from Robert Anderson dated March 3, 2009 as Associate Member of the Conservation Commission.
Motion made by Selectman Green to accept the resignation of Robert Anderson as Associated Member of the Conservation Commission.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Certificate of Announcement – DCR Consideration of Conservation Land:
The Selectmen announced the following in accordance with 301 CMR 51.00; the Commonwealth of Massachusetts Department of Conservation and Recreation (DCR) in a letter dated February 26.2009 is considering the acquisition of a conservation restriction on approximately 13.7 acres of land in the Town of Mashpee currently being used for open space purposes. If acquired by the Commonwealth the land shall be used for open space and passive recreation, and incorporated into the state system of parks. The subject parcel is located off Quashnet Road and documented as Exhibit A on the attached announcement
Approval of Request from Verizon – Placement of New Utility Pole – Pimlico Pond Road:
Correspondence was received from the Assistant Town Manager dated March 5, 2009 relative to a public hearing held on an application presented by Verizon requesting permission to install (1) new pole along Pimlico Pond Road, approximately 940’ west from Notre Dame Lane. The Selectmen were requested to grant approval of the project.
Motion made by Selectman Cook to accept Verizon Petition No. 09-002 for the installation of (1) new pole along Pimlico Pond Road.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
As per requirements of the DPW, Verizon shall install reflective devices on the subject pole.
Review of Special & Annual May Town Meeting – Draft #1:
The Selectmen reviewed Draft #1 of the May 4, 2009 Special and Annual Town Meeting Warrants. A joint meeting will be held on March 16, 2009 with the Finance Committee to review the warrant. The Selectmen are expected to make their final vote of approval on said warrants at the March 30, 2009 meeting.
The following articles were held for additional information and/or deleted from the referenced warrants.
Special Town Meeting Warrant:
Article #2: $51,500 to the Santuit Pond Study Account
The article was amended to read: $58,800
The Selectmen requested a detailed compilation of the $58,800 funding request for services to be provided by the ENSR Corporation. It was also agreed that language would include the town may receive reimbursement from the Natural Resources Damages Assessment and Restoration Program fund for the diagnostic study and mitigation plan intended to address the Santuit Pond.
It was noted the grant application is expected to be submitted on March 10, 2009. The deadline for first round grant submissions is March 11, 2009.
Article #6: $10,910 to the Sewer Commission Facilities Plan Account
The Selectmen related concern with respect to the shortfall and requested further information from the Sewer Commission Chair at the next meeting. The article states that additional funds are primarily required to fund an unexpected archaeological study of the primary proposed wastewater discharge site.
Annual Town Meeting Warrant:
Article #3: Capital Improvement Program
Correct Figure is $390.00
Explanation: $270,000 from free cash $120,000 from MCAT
Article #4: Cape Cod Regional Technical School District
Tuition - $813,000 (based upon a 10% Ch70 reduction)
Mashpee’s share of the 2010 school budget is based upon
enrollment this past October (45 students to 61 students)
2008 tuition was $443,076.
Article #7: $62,000 to Waterways Maintenance Account from
Waterways Improvement Fund – Dredging a new channel; Low Tide Island. Funding would deplete the waterways improvement fund reserves.
The Waterways Commission will be requested to attend the next Selectmen’s Meeting. It was agreed that an RFP would be considered in October 2009.
Article #11: To reauthorize the Sewer Commission Facilities Plan Account in order to fund unforeseen expenses.
The Sewer Commission will be requested to discuss this matter with the Board of Selectmen.
Article #13: To amend the bylaw #120-2, Excessive Noise by Dogs.
Agreement to amend that a hearing be enabled by the Animal Control Officer following the issuance of (3) violation notices opposed to four.
Article #14: Collection of Sum for Upkeep by Town, a bylaw amendment to enable the Board of Selectmen to set the daily fee for dogs confined under Chapter 79-4 rather than having the fee set by Town Meeting.
Upon approval of Article #14, the Selectmen agreed to set a policy for this service.
Article #15: To authorize a Reference Librarian and a Circulation Assistant for the new Library. The positions would be filled in the FY2011 budget process.
The Selectmen indicated the article is premature, and the true needs of the new Library which is presently under construction are unknown to date. Recommendations to consider include; part-time employment and volunteer coordinators to assist with operational needs of the new Library. In the event the Library is completed on time, the Selectmen agreed to consider the May 2010 Special Town Meeting for the referenced funding. It was also suggested the Selectmen allow the Board of Library Trustees to attend the next meeting to discuss their intent. Draft #1 did not contain a monetary amount for the funding of the (2) positions.
Motion made by Selectman Cook to remove Article #15 from the May 2009 Annual Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: 3-1. Motion carries.
Selectman Myers in opposition.
The Town Manager recommended the Board remove Article #16 and Article #17 from the Annual Town Meeting Warrant to allow for the creation of a master plan. It was recommended that a subcommittee be formed to review the available inventory of Town owned property in detail. It was noted when property is transferred to the care and custody of the Conservation Commission, special legislation is required to amend the use of conservation properties.
In addition to the 2009 objective of the Board of Selectmen to create a master plan as described, it was also agreed that a road-taking master plan be developed for the number of roads that shall be taken by the town.
Article #16: To transfer 37 small parcels of tax taking land surrounded by, or adjacent to the Santuit River Conservation Area.
Article #17: To designate certain parcels of tax taking land owned by the town, surrounded by the MMR and John’s Pond Park as conservation land.
Motion made by Selectman Cook to remove Article #16 and Article #17 from the May 2009 Annual Town Meeting Warrant.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Article #18 & #19: Membership & Negotiations to the Cape & Vineyard Electric Cooperative
Articles to be submitted by: Board of Selectmen
Article #20: To transfer 3.8 acres to the Mashpee Housing Authority for the development of affordable housing. Land is identified as Map 60, Parcel 2 on the corner of Old Barnstable Road and Lowell Road.
It was agreed approval would be deferred to await the results of the master plan for town-owned property.
Motion made by Selectman Cook to remove Article #20 from the May 2009 Annual Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Articles #21 through #24 are petition articles that will be reviewed to form by Town Counsel.
NEW BUSINESS:
Notice of Restriction:
Motion made by Selectman Cook to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
The Selectmen reviewed the Notice of Restriction as examined by Town Counsel and the Town Planner relative to a New Seabury development plan. It was noted the deed restrictions were duly extended until July 4, 2010 (1990 Extension) and further extended until October 12, 2026 (2008 Extension).
The Selectmen agreed to defer the matter to the March 30, 2009 meeting to review appendixes and exhibits pertaining to the deed restrictions.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:47 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing pending litigation. The Board will not resume in Open Session.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, absent 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
| 
