AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 16, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, November 9, 2009 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Tax Classification Hearing
6:50 Public Hearing – Special Events Application - Christmas Parade
COMMUNICATIONS & CORRESPONDENCE
1) Assistant Town Manager Announcement
OLD BUSINESS
NEW BUSINESS
1) Execution of Conservation Restriction – New Seabury
2) Vinhaven Parcel Naming Contest
3) Private Road Repairs – No Plow List
4) Application for Street Betterment Abatement
5) Cape Cod Water Collaborative Discussion
6) CCRTA Representative
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 16, 2009
Present: Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Myers
Meeting Called to Order by Vice-Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, November 9, 2009 Regular Session:
Motion made by Selectman Taylor to approve the Regular Session
minutes of Monday, November 9, 2009 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
APPOINTMENTS & HEARINGS:
Public Comment:
Susan Rohrbach, District Aide to Senator O’Leary’s Office was in attendance to update the Selectmen on recent legislative matters. Prior the start of her communication, Ms. Rohrbach expressed deep condolences to the family of Captain Eric Jones USMC and to the entire Mashpee community. Over the past few years, the Town has grieved the loss of several servicemen and women while serving our Country.
At this time, the Senate is debating an innovative education reform bill that would create Innovation Schools, district public schools with increased autonomy and flexibility to operate. The new bill would also address and improve underperforming and chronically underperforming public schools. The proposed legislation would also address several inadequacies in the charter schools. The changes if approved would allow the Commonwealth to compete for federal “Race to the Top” grant funds.
In working with the Cape Cod Canal Area Traffic Task Force and Tom Cahir, Administrator of the CCRTA, Senator O’Leary has requested the Army Corps of Engineers conduct an immediate review of the Sagamore Bridge construction project to ensure that all public efficiencies be made to complete the project in the shortest time possible. To alleviate further traffic congestion, the Sagamore Bridge project is anticipated to suspend work prior to Thanksgiving. Work is expected to resume in the spring. The Task Force was formed to build consensus on immediate and future transportation needs related to traffic congestion at the two canal bridges.
With regards to Community Preservation Act funding, it was noted the Mashpee Finance Committee is expected to meet with Cape Delegation representatives to discuss the continued decrease in the State match funding. It was disclosed the recent bill; SB 90, an Act to Sustain Community Preservation would guarantee a minimum annual CPA trust fund match of 75 % for each community participating in the program. The bill is anticipated to move forward to the House Ways and Means Committee in January.
COMMUNICATIONS & CORRESPONDENCE:
Assistant Town Manager Announcement:
It was announced the Assistant Town Manager René Read has accepted a
position in the Town of Hanson as Town Manager. Mrs. Mason is presently working on an exit strategy for his employment in early December.
OLD BUSINESS: None at this time.
NEW BUSINESS:
Execution of Conservation Restriction – New Seabury:
The conservation restriction referenced as “New Seabury Section 5” was deferred to the December 7, 2009 meeting due to scheduling conflicts with The Compact of Cape Cod Conservation Trusts, Inc. and New Seabury Properties LLP.
Vinhaven Parcel Naming Contest:
Correspondence was received from Andrew McManus, Conservation agent dated November 9, 2009 regarding the contest to find a suitable name for the recently purchased 78.67 acre Vinhaven property located off Route 130.
The land, a former church campground called Vinhaven was funded through Community Preservation Act funds, through an approved taxpayer debt exclusion and with U. S. Fish and Wildlife contributions for a conservation restriction.
A subcommittee consisting of the Conservation Agent, and representation from the Conservation Commission and Board of Selectmen reviewed all submissions. Upon careful review, the most appropriate name for the land to be used for recreation and conservation purposes was Pickerel Cove Recreation Area. Gus Frederick, Mashpee’s Recreation Director submitted the name for the property bordering Pickerel Cove.
Motion made by Selectman Cahalane to refer to the new recreation areas as “Pickerel Cove Recreation Area”.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
The Conservation Commission is expected to vote on the name at the November 19th meeting. Signage will make reference to the funds used to purchase the property.
APPOINTMENTS AND HEARINGS:
Public Hearing – Tax Classification Hearing:
The Board of Selectmen opened the Public Hearing on whether the Town of Mashpee should implement the Classification Act. At the Hearing, the Town shall hear testimony as to what will be the Fiscal Year 2010 residential factor which will determine the share of taxes each classification of property will pay, what the will be the open space factor, and whether there will be a residential exemption and/or a small business exemption.
The Hearing notice was read aloud into the record. Jason Streebel, Director of Assessing was in attendance with Jim Bond, the Assistant Director of Assessing to discuss the classification of property.
Under consideration is a single or split tax rate for all classes of property and the consideration to allow an open space discount, a residential exemption and a small commercial exemption.
Upon deliberation of the tax rate options, the Board of Assessors recommends that a single tax rate be adopted with no residential exemption and no small business exemption.
As a result in the decline in market value of real estate sales and the current temporary borrowing debt; a reflection of Town Meeting appropriation which includes the Pickerel Cove Recreation Area (Vinhaven property), the Fire Station Substation and the Mashpee High School, Mr. Streebel recommended the Town set the FY2010 single tax rate to $7.79 per $1,000 valuation. Currently, the single tax rate is $6.99 per $1,000 valuation.
It was disclosed the Mashpee Water District is expected to increase the water tax rate by $0.03 to $0.21 per $1,000 valuation.
The total increase as proposed is $0.83 to bring forth a total tax rate of $7.82 per $1,000 valuation.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Motion made by Selectman Taylor to adopt a tax rate Factor of “1” for all classes of property with no discount for Open Space, no Residential Exemption and no Small Commercial Exemption, and set the tax rate for FY2010 to $7.79 per $1,000 valuation as recommended.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Public Hearing – Special Events Application – Christmas Parade:
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the application sponsored by the Mashpee Chamber of Commerce for the 4th Annual Mashpee Christmas Parade. The parade will take place on Saturday, December 12, 2009 at 6:00 p.m. The rain date is Sunday, December 13, 2009.
The Hearing notice for the parade route as follows was read aloud into the record for public informational purposes;
Beginning at Southcape Village designated parking lot; Turn left on Charles Street; Turn right on South Street; Turn left onto Donna’s Lane; Turn right onto Route 28; Turn left onto Steeple Street in Mashpee Commons; Turn left onto Market Street; Right onto Fountain Street; Turn Right onto Oak Street; Turn right onto Steeple Street; Turn left onto Market Street; Right onto North Street, Right onto the Parade Ending on Greene Street.
In the absence of Deborah Dami, Tom O’Neill was in attendance to review the parade specifications with the Board of Selectmen. Mr. O’Neill indicated this year’s parade will incorporate increased safety measures which include additional lighting around some of the street corners. A new tradition has also been developed to assist non-profit organizations. The year-end donor for the Boys & Girls Club will be selected as Grand Marshall.
All applicable department heads have signed off on the special events application. It was noted that an operation plan will be administrated by the Police Department to direct and control traffic.
The Police Department is also in agreement with the new route which eliminates the use of Jobs Fishing Road.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Motion made by Selectman Taylor to approve the 4th Annual Mashpee Christmas Parade and its route as depicted.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Private Road Repairs – No Plow List:
Catherine Laurent, Director of Public Works was in attendance to discuss her memorandum of November 12, 2009 relative to the repair to private roads and no plow list in accord with Policy #14 to not plow roads unless necessary repairs have been made.
An updated list of roads that will not be plowed this winter unless necessary repairs are made was distributed for informational purposes. Issues contained in the November 16th list include the overhanging of brush, lack of signage, washouts, potholes, speed bumps, narrow roadways without defined layout and no turnaround areas. It was agreed the Town would proceed to notify residents of the Do Not Plow list via the Town’s website, through local cable television and notification in the Mashpee Enterprise. The use of door hangers by the DPW was also suggested.
Through the Mashpee bylaw, the Board of Selectmen has the authorization to conduct a repair to a private road using the road maintenance account or through a betterment assessment process if the repair is deemed a public necessity. The sum of $3500 is presently budgeted in the road maintenance account for repairs.
Ms. Laurent recommended the Selectmen consider repairs to Leeward Lane, Somerset Road, Hemlock Drive and Mohawk Road due to public necessity. Aerial photographs of the proposed roads and areas depicted for repair were distributed to the Selectmen. Leeward Lane and Somerset Street intersect Cotuit Road, a main street within the layout of the Town of Mashpee. It was noted there is significant flooding in both areas due to inadequate drainage which causes issues with traffic control, school buses and public safety due to excessive water and ice buildup.
Hemlock Drive is also in poor condition and has inadequate drainage structures. Emergency repairs have been performed twice in the past. Mohawk Road is also lacking drainage and is in need of significant road repair.
Discussion followed regarding the referenced road repairs and the difficult budgetary times to assess betterments. It was agreed the Board would re-visit this issue at the next meeting to consider a public hearing to solicit comment and to gain further input from the Police and Fire Departments.
In the matter of public safety, the Selectmen agreed to conduct temporary repairs to the two roads intersecting Cotuit Road.
Motion made by Selectman Taylor to move forward with the repairs to Leeward Lane and Somerset Road in the matter of public safety.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Application for Street Betterment Abatement:
The Selectmen were in receipt of an abatement of a street betterment for property identified at 34 Melissa Avenue. Correspondence was received from the Town Manager dated October 29, 2009 with respect to this regard. After careful review, it is the recommendation of Mrs. Mason to deny the abatement request.
Motion made by Selectman Richardson to accept the recommendation of the Town Manager and deny the street betterment abatement request for property identified as 34 Melissa Avenue, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Cape Cod Water Collaborative Discussion:
The Cape Cod Water Protection Collaborative is a Cape-wide approach related to water management issues. Several successes of the CCWPC include; finding funding sources for wastewater systems such as creating a 0% loan fund for nutrient management, conducting Cape-wide public education, sharing information among Cape communities and governmental agencies, acting as a source of technical and financial information to Cape communities, and using available grant funds to support regional projects.
Recently, a review committee assessed the success of the CCWPC and its voting and representation structure. Presently, the existing structure includes voting membership equally represented by each of the fifteen member towns.
The Board discussed the benefits of the CCWPC as it presently exists. Letters of support to maintain the current collaborative objectives and structure from various Cape towns were included in the Selectmen’s informational packet.
Motion made by Selectman Richardson to maintain the success of the CCWPC as it presently exists, and craft a letter in support of the current configuration similar to the letters reviewed by the other Cape towns requesting to maintain the CCWPC status quo.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
CCRTA Representative:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
With the upcoming resignation of the Assistant Town Manager, the Selectmen agreed to designate the Town Manager as Mashpee’s representative to the Cape Cod Regional Transit Authority Advisory Board.
Motion made by Selectman Taylor to designate Joyce Mason as Mashpee’s representative to the CCRTA Advisory Board.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Selectman Cahalane, alternate member of the EOC Committee attended the November meeting to report the Mashpee Blue Book that is being compiled by the EOC Committee has great content, but it is being stalled since the Textron funding was not obtained to assist with costs associated to the publishing and distribution of the booklet. A full report is expected to be reviewed by the Selectmen in late-December.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:20 p.m. The Board will enter into Executive Session at this time for the purpose of discussing a grievance. The Board will not resume in Open Session.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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