AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 7, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
- Opening Statement
MINUTES
Approval of the following:
Monday, November 16, 2009 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Quashnet Kids – No Name Calling Day
6:50 Public Hearing – Popponesset Inn – Request to Close for Annual Renovations
6:55 Public Hearing – New Seabury Country Club – Request to Close for Annual Renovations
7:00 ORENDA – Conservation Restriction
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Private Road Repairs – No Plow List
2) Temporary Liaison Reassignments
NEW BUSINESS
1) Request to Fill DPW Position Vacancy - Mechanic
2) Review and Execution of Betterment Assessment – Cayuga Avenue
3) Letter of Interest – Affordable Housing Committee
4) Change Order Request #5 – Mashpee Public Library
5) Acceptance of Resignation – EDIC
6) Appointment to EDIC
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 7, 2009
Present: Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Absent: Selectman Myers
Meeting Called to Order by Vice-Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, November 16, 2009 Regular & Executive Sessions:
Motion made by Selectman Richardson to approve the Regular
and Executive Session minutes of Monday, November 16, 2009 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
On behalf of the Board of Selectmen, Vice-Chairman Cook made a statement with respect to the absence of Don Myers, Chairman of the Board of Selectmen due to illness. Mrs. Cook stated the Board of Selectmen do not see the necessity nor wish to have Mr. Myers step down as a member of the Board of Selectmen. The Board of Selectmen wish Don a speedy recovery and asked the community to be respectful of the family privacy during this time.
Quashnet Kids – No Name Calling Day:
Rory Sullivan, Vice President of the Quashnet K Kids, a community service group of Quashnet elementary students sponsored by the Mashpee Kiwanis was in attendance to request the Selectmen proclaim Wednesday, January 27, 2010 as “No Name Calling Day” for the entire Town of Mashpee.
“No Name Calling Day” in its fourth year has made a major impact on the students in the school. It gives everyone a reason to be nice and stop teasing others. Since this day sends a positive message, Ms. Sullivan asked the entire Town of Mashpee celebrate standing up against bullying. If one child feels better about themselves on this day, all the effort is worth it.
The Board of Selectmen applauded the efforts of Ms. Sullivan on behalf of the Quashnet K Kids.
Motion made by Selectman Taylor to proclaim Wednesday, January 27, 2010 as “No Name Calling Day” in the Town of Mashpee.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
OLD BUSINESS:
Private Road Repairs – No Plow List:
At the last meeting, Catherine Laurent updated the Selectmen on the roads that will not be plowed this winter unless necessary repairs have been made. Issues contained in the No Plow list include the overhanging of brush, lack of signage, washouts, potholes, speed bumps, narrow roadways without defined layout and no turnaround areas.
Due to public necessity, Ms. Laurent recommended the Selectmen consider repairs to Leeward Lane, Somerset Road, Hemlock Drive and Mohawk Road. In the matter of public safety, the Selectmen moved forward with temporary repairs to Leeward Lane and Somerset Road at the last meeting. Repairs would be made to the two roads where they intersect Cotuit Road as there is significant flooding in both areas due to inadequate drainage which causes issues with traffic control, school buses and public safety.
At the Selectmen’s request, the Town Manager reviewed the ten-year history of Hemlock Drive which included additional review of Holly Way and Oneida Avenue. It was disclosed the Town conducted temporary repairs to Hemlock Drive in 1999. Also, in March of 2008 Ms. Laurent recommended the conversion of Hemlock Drive, Holly Way, Oneida Avenue and Mohawk Road. It was noted the Police Chief and Fire Chief have agreed that Hemlock Road in its present condition impacts public safety response. To conform to Town’s road conversion process, and to possible ease cost constraints, the Selectmen agreed to schedule an informational hearing to review the betterment procedure with the residents and neighborhoods of Hemlock Drive, Holly Way and Oneida Avenue. Hemlock Drive and
Holly Way are noted to have potholes, and Oneida Avenue has potholes, overhanging brush and lacks signage.
At this time, Hemlock Road will remain on the No Plow list this winter season unless the abutters of the road pay the Town for the cost of temporary repairs.
Temporary Liaison Reassignments:
In the absence of Selectmen Myers due to illness, Selectman Taylor agreed to assume the following liaison assignments; DPW, IT, Recreation Department, Native American Affairs and School Department.
NEW BUSINESS:
Request to Fill DPW Position – Mechanic:
Catherine Laurent announced the retirement of the DPW’s mechanic effective December 29, 2009. In addition to maintaining all DPW equipment, the mechanic has been transitioning over the past year to maintain other Town department vehicles. With proper scheduling, it is hopeful the future Town mechanic would manage all in-house vehicles. If the position were left vacant, it would diversely impact the ability of the DPW to perform its daily functions which include emergency response in a timely and cost effective manner.
It was noted the Board of Selectmen recently instituted a hiring freeze with the exception of positions required for public safety. The Board at the time of instituting the hiring freeze voted to allow the review of public safety positions on a case-by-case basis.
Correspondence was received from the Chief of Police dated December 7, 2009 recommending the replacement of the position of Town Mechanic. In his memorandum, the Chief indicated the position would be cost effective in the maintenance of the Town’s fleet of vehicles. Chief Collins recommended that a certified mechanic be employed to perform the tasks associated to vehicle maintenance. The current mechanic is not certified.
Ms. Laurent indicated the Human Resources Department is presently reviewing the Mechanic job description to include the requirement for certification and experience. The present job description is approximately thirty years old. It was agreed the draft job description would be remitted to the Board of Selectmen via email notification for additional review.
The importance of the position was discussed as was the compensation. Ms. Laurent indicated the mechanic position is within her proposed level service budget for FY10. To alleviate the gap in service and to allow for advertisement, the Selectmen agreed to support the position.
Motion made by Selectman Cahalane to approve the Certified Town Mechanic position based on the contingency the Board of Selectmen accepts the new job description and salary range.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Popponesset Inn – Request to Close for Annual Renovations:
The Board of Selectmen opened the Public Hearing on the request of New Seabury Properties, LLC, d/b/a Popponesset Inn, Stephen T. Brennan, Manager, to close from January 1, 2010 through March 31, 2010 for annual renovations and repairs.
The Hearing notice was read into the record for the benefit of the public. In the absence of the manager, Amy Buckley was in attendance to answer any comments regarding the annual closure request. During the intended closure, the restaurant will be painting, cleaning the carpeting and steam cleaning the kitchen hoods.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cahalane to approve the request of New Seabury Properties, LLC, d/b/a Popponesset Inn to close from January 1, 2010 through March 31, 2010 for annual renovations and repairs.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Public Hearing – New Seabury Country Club – Request to Close for Annual Renovations:
Acting as the Licensing Board for the Town of Mashpee, the Board of Selectmen opened the Public Hearing on the request of New Seabury Properties, LLC, d/b/a New Seabury Country Club, Stephen T. Brennan, Manager, to close from January 4, 2010 through March 4, 2010 for annual renovations and repairs.
The Hearing notice was read aloud in accordance with posting requirements. Amy Buckley was present on behalf of Mr. Brennan who was unable to attend the Hearing. During the time of closure, the restaurant will be painting, cleaning, steam cleaning the kitchen hoods and having the carpets replaced.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cahalane to approve the request of New Seabury Properties, LLC, d/b/a New Seabury Country Club to close from January 4, 2010 through March 4, 2010 for annual renovations and repairs.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
ORENDA – Conservation Restriction:
Selectman Richardson, a resident of New Seabury stepped down for the above discussion.
Lawrence Carr, Director of Development New Seabury on Cape Cod, Paula Goldberg Land Protection Specialist of The Compact of Cape Cod Conservation Trusts and Andrew McManus, Conservation Agent for the Town of Mashpee were in attendance to discuss the “New Seabury Section 5” conservation restriction with members of the Board of Selectmen and interested public.
The conservation restriction (CR) is comprised of ten separate parcels ranging in size from approximately 2500 square feet to a parcel that is just less than ten acres surrounding the Mashpee Water District’s Rock Landing well fields. The granting of a CR encompasses approximately 21 acres of land in Section 5 of New Seabury. The CR is a requirement of the Agreement for Judgment (AFJ) between the Cape Cod Commission and New Seabury Properties, LLC. In addition to granting the CR on 21 acres in Section 5, New Seabury Properties is donating the abutting 28 acre Witch Pond parcel to ORENDA.
The CR before the Board of Selectmen has been approved by the Cape Cod Commission and reviewed by the Executive Office of Energy & Environmental Affairs (EOEEA). It was also disclosed it has been recommended for approval by the Mashpee Conservation Commission. Following action by the Board of Selectmen, the CR would go back to the EOEEA for final approval before it is recorded at the Land Court.
Currently development plans for Section 5 include 200 residential units, 10,000 SF of commercial space and additional recreational facilities which include a fitness center and community pool. The developed value of Section 5 at full build out is expected to exceed $100,000,000.
Selectman Taylor related concern with respect to the lack of involvement of the Town of Mashpee with respect to the land review process. The fragmented section of lands has little benefit to the Town. In response it was noted that all of Section 5 is privately owned, but there is a walking path that roughly circumnavigates Section 5 which is maintained by the New Seabury Peninsula Council and traversed by the residents.
The question was asked as to why the Mashpee Conservation Commission was not receiving the CR. It was disclosed that at the time, the court negotiated settlement with the Cape Cod Commission thus developing the requirement of the Agreement for Judgment between the Cape Cod Commission and New Seabury Properties, LLC.
It was disclosed the Town would lose approximately $2700 per year in tax revenue upon support of the conservation restriction.
Motion made by Selectman Cahalane to endorse the Conservation Restriction as defined for New Seabury Section 5 to be granted by New Seabury Properties, LLC to ORENDA Wildlife Trust.
Motion seconded by Selectman Cook.
VOTE: 2-1. Motion carries.
Selectman Taylor in opposition, Selectman Richardson was absent for the vote.
NEW BUSINESS:
Review and Execution of Betterment Assessment – Cayuga Avenue:
The Board of Selectmen reviewed the Order for Betterment Assessments for construction of improvements to Cayuga Avenue as voted by Town Meeting on May 7, 2007. Said improvements cost $159,221.16. The maximum cost to be borne by the residents of Cayuga Avenue is $4,422.81
Motion made by Selectman Taylor to execute the Order for Betterment Assessments for construction improvements to Cayuga Avenue as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Letter of Interest – Affordable Housing Committee:
Correspondence was received from Alan G. Trebat dated November 5, 2009 expressing interest in serving on the Town’s Affordable Housing Committee.
Motion made by Selectman Richardson to accept the letter of interest and appoint Alan G. Trebat to the Affordable Housing Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Change Order Request #5 – Mashpee Public Library:
The Board of Selectmen reviewed Change Order #5 in the amount of $15,657 pertaining to the Mashpee Public Library construction project. It was noted the Planning & Construction Committee approved the change order at their last meeting.
Motion made by Selectman Cahalane to approve Mashpee Library Change Order #5 in the amount of $15,657.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Acceptance of Resignation – EDIC:
Correspondence was received from René Read, the former Assistant Town Manager dated December 2, 2009 resigning from his position as government representative to the Board of Directors on the Mashpee Economic Development and Industrial Corporation.
Motion made by Selectman Taylor to accept the resignation of René Read from the EDIC as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Appointment to EDIC:
Selectman Cook stepped down for the above referenced agenda topic of discussion. Selectman Cahalane presided.
Motion made by Selectman Cahalane to appoint Selectman Theresa Cook to serve as the experienced in municipal government representative to the Economic Development and Industrial Corporation (EDIC).
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Selectman Cook abstained.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:24 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing a grievance. The Board will not reconvene in Open Session.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Myers, absent 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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