AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 28, 2008
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Friday, November 16, 2007 Executive Session
Monday, January 7, 2008 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Town Clerk – Kennel Licensing
6:50 Interim DPW Director/Town Clerk
- Policy No. 43 – Amendment for Transfer Station/ Beach Stickers
Interim DPW Director
- Intersection Improvement Route 130/ South Sandwich Road
- Change Order – Great Neck Road South Sidewalk Extension Project
7:05 Americorps Update
7:15 Public Hearing – Road Taking – Notre Dame Lane
7:25 Public Hearing – Road Taking – Preakness Lane
7:40 Public Hearing – Road Taking – Equestrian Drive
COMMUNICATIONS & CORRESPONDENCE
1) Regional Transportation Authority Funding
OLD BUSINESS
1) Santuit Pond Water Quality
NEW BUSINESS
1) Acceptance of Regional HAZMAT Plan
2) Acceptance of Resignation – Environmental Oversight Committee
3) Recommendation for Owner’s Project Manager – Library Project
4) Recommendation for Appointments – Historic District Commission
5) Recommendation for Appointment – Cape Cod Joint Transit Authority
6) Utility Hearing Approval – Request to Install One Pole Along Shore Drive
7) Cape Wind Project
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 28, 2008
Present: Selectman Cook, Selectman Cahalane, Selectman Myers, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Green
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Friday, November 16, 2007 Executive Session:
Motion made by Selectman Myers to approve the Executive
Session minutes of Friday, November 16, 2007 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Taylor abstained.
Monday, January 7, 2008 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, January 7, 2008 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Peter White, new owner of La Plaza Del Sol motel in Mashpee was in attendance to request the Selectmen consider solar energy systems in the design of the new Fire Substation. Mr. White is part of the “Solarize Our Towns” campaign calling for all new municipal buildings to be solarized to reduce greenhouse emissions and to reduce dependency on foreign oil.
Mr. White indicated the new Mashpee Library will include solar designs and conservation measures to reduce occupancy costs and conserve natural resources. Information relative to the campaign was distributed to the Selectmen for additional review.
COMMUNICATIONS AND CORRESPONDENCE:
Regional Transportation Authority Funding:
The Flex Route, a local bus service serving the lower and outer Cape to Provincetown was reviewed since the transit service may be in jeopardy of State funding due to budgetary constraints. A proposed letter to the Governor requests attention to this matter and support for supplemental funding for FY09. Without supplemental funding, local communities may be forced to locate funds within their municipal budgets or be forced cancel the transit service. The shortfall would also affect many Regional Transit Authorities, including the Cape Cod Regional Transit Authority.
Motion made by Selectman Myers to remit a letter to Governor Patrick in support of overall regional transportation funding.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Snow Removal:
The Selectmen expressed appreciation for the snow removal efforts of the Department of Public Works in keeping the roads clear in the Town of Mashpee.
F-15 Fighter Jets:
Several Selectmen attended the final commemorative flight of the F-15 Fighter Jets from the 102nd Fighter Wing. The 102nd has left a strong and accomplished legacy serving the northeast for the past thirty-five years.
Counselor’s Meeting:
Selectmen’s Counselor’s Meeting
Tuesday, February 8, 2008
7:30 a.m. @ Bobby Byrne’s Pub
Mashpee Commons
APPOINTMENTS AND HEARINGS:
Town Clerk – Kennel Licensing:
The Town Clerk was before the Selectmen for the purpose of
reviewing proposed regulations regarding kennel licensing procedures.
Several questions arose regarding the regulations and it was agreed the matter would be deferred to the next scheduled meeting.
Issues to be clarified include the annual fee and related penalty schedule to be determined by the Board of Selectmen, the renewal process, the designated kennel inspector(s), and related process for violations. It was agreed the Kennel Regulation as adopted by the Board of Health would be considered as the kennel regulation procedure.
Interim DPW Director/Town Clerk;
Policy No. 43 – Amendment for Transfer Station/Beach Stickers:
Policy No. 43 as modified was presented to the Selectmen for adoption. Amendments were outlined in a memorandum from the Assistant Town Manager addressed to the Board dated January 23, 2008. Additional revisions include; a combined sticker for boat/beaches, and an increase in the fee for household trash from $70 to $75.
The Selectmen agreed to the following amendments; Item 8; to remove wording in parenthesis (all stickers from prior years should be removed) to avoid repeating the wording in the same paragraph.
With regards to Item 15; Misuse of Transfer Station Sticker, it was noted the Town at this time does not have a mandatory recycling bylaw for the enforcement of misuse of recycling. It was agreed the Board would research what other communities have initiated for recycling bylaws for the May 2008 Town Meeting. Education and enforcement was a noted key to the success of the recycling program.
The Selectmen were also requested to increase the fee for mattress/box spring disposal from $10 to $15. The proposed fee more accurately reflects the actual cost of disposal which is approximately $17 per mattress, not including transportation. The Selectmen agreed to increase the mattress/box spring disposal fee to $17 per mattress/box spring to recoup the actual disposal fee.
Motion made by Selectman Taylor to adopt Policy No. 43 for Purchase and Use of Stickers/Passes for the Mashpee Transfer Station and Mashpee Beaches as amended with the fee increase for the household sticker to $75 and the mattress disposal fee to $17.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
The Selectmen requested an update with regards to the use of credit cards for the purchase of stickers at the next meeting.
Interim DPW Director:
Intersection Improvement Route 130/South Sandwich Road:
Catherine Laurent, Interim DPW Director presented a 75% schematic of the proposed intersection design at South Sandwich Road. The reconfiguration will allow for a 90 degree intersection while maintaining the existing utility pole on Route 130. It was noted that one utility pole must be removed.
The realigned design would shift from its location near Juniper Drive and the commercial and 40B subdivision to improve sight distance and allow for a greater turning radius for emergency vehicles.
The Selectmen were supportive of the intersection improvements. Additional comments were requested to be remitted to Ms. Laurent prior to the finalization of the design plans.
Interim DPW Director:
Change Order – Great Neck Road South Sidewalk Extension Project:
A revised change order in the amount of $4,286.20 was presented to the Selectmen for approval. Change Order #1 associated to the Great Neck Road South sidewalk extension project resulted in an overrun of cedar fence; $1415.15 and police detail; $2,871.05. Mitigation funding from the Cape Cod Commission has supported the project proposal. This is the final application for payment.
Motion made by Selectman Cahalane to approve Change Order #1 in the amount of $4,286.20 for the Great Neck Road South Sidewalk Extension Project.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Recommendation for Appointment – Cape Cod Joint Transit Authority:
Catherine Laurent, Interim DPW Director was the recommended candidate to serve on the Cape Cod Joint Transportation Committee, a position held by the former DPW Director, Greg Taylor.
Motion made by Selectman Cahalane to appoint Catherine Laurent, Interim DPW Director to the Cape Cod Joint Transit Authority.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Americorps Update:
Representatives from Americorps Cape Cod were in attendance to report to the Selectmen their dedicated service to protect the critical environment and community needs through; natural resource management, disaster preparedness and response, community education and volunteer engagement. Americorps Cape Cod has assisted the Town of Mashpee in the Quashnet River restoration with Trout Unlimited to sustain the sea-run brook trout population, and has conducted work with the National Wildlife Refuge, and with the herring run and shellfish restoration and propagation programs.
The Town of Mashpee was invited to submit a project proposal to begin the application process for Americorps Cape Cod engagement in the Mashpee community.
Public Hearing – Road Takings:
Correspondence was received from the Interim DPW Director dated January 24, 2008 relative to the road takings. It is the practice of the DPW to make necessary improvements when converting a private road to a public road to protect the Town from having to make repairs after acceptance for at least eight years. For a number of years, it has been the policy of the DPW to require a minimum pavement thickness of 3” for neighborhood subdivision roads. Core samples taken from the roads, Preakness Lane, Equestrian Avenue and Notre Dame Lane do not show a consistent depth of 3”.
Additional communication was received from the Planning Board dated January 22, 2008 relative to their current subdivision regulation standards which require 2 ½” of pavement for light-duty streets. As noted, the Planning Board’s consulting engineer is in agreement that 2 ½” is adequate in accord with standard engineering practice for 2 ½” of bituminous concrete type 1, that consists of 1 ½” of binder course and 1” of surface course both compacted by a ten-ton roller.
The 3” thickness as required by the DPW exceeds the Planning Board’s regulations. It was noted the Planning Board’s regulations have not been amended for several year and need to be revised for comparable standards.
Public Hearing – Road Taking – Notre Dame Lane:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of Notre Dame Lane. The Hearing notice was read aloud in accordance with posting requirements. It was noted that all abutters were notified of the Hearing.
It was disclosed the maximum allowable charge for the betterment of Notre Dame Lane is $22,773.94. The estimated cost to be borne by six property owners is $3,795.66.
The Selectmen opened the Hearing to solicit comment.
William Reich, 39 Notre Dame Lane asked of the standard and sectional coring of the road. It was noted the road layers were 1.25”, 1.25” in thickness with a sand base. Mr. Reich noted the road is not showing any signs of deterioration and questioned the expenditure.
The standard practice of the DPW as it pertains to minimum pavement thickness was discussed. Results of the core indicate the road does not have a consistent pavement thickness of 3”.
The process of the betterment, a one-time charge or a fee that can be spread over a twenty year period was reviewed. To move the road taking forward, at least 50% of the property owners must petition the town. Town Meeting authorizes final approval of a road conversion.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing on the private to public road conversion of Notre Dame Lane.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Public Hearing – Road Taking – Preakness Lane:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of Preakness Lane. All abutters were notified of said Hearing. The Hearing notice was read aloud in accordance with posting procedures.
The total betterment cost is $38,059.84. The betterment as assessed reflects a maximum charge. The estimate to be borne by 13 property owners is $2,927.68. The Selectmen opened the Hearing to solicit comment.
When asked about the height of the road as it connects to Pimlico Pond Road, the Interim DPW Director indicated that most likely a top coat would be added to a section of Pimlico Pond Road to alleviate any height differential at the time of construction.
If the Selectmen are in receipt of a second petition before the February deadline, funding for the project would be available as of July 1st. Work would commence in early fall after the peak summer months.
Fred Borgeson, 10 Preakness Lane expressed appreciation to the Board of Selectman and Interim DPW Director for their efforts to convert the road and indicated that he would move forward with the petition process to obtain necessary signatures for the May 2008 Town Meeting.
Fred Blythe, 6 Preakness asked why subdivision roads would be allowed to be constructed when they are not adhering to Town standards. Mr. Blythe stated that when homeowners make a purchase they think is right, it ends up costing more. In response, the Selectmen indicated they intend to correct the Planning Board regulation to standards imposed by the Department of Public Works. At this time, the inspection process would be also reviewed.
Charles Price a resident of 14 Preakness Lane asked about the core testing of the road. It was disclosed that Preakness Lane does not even comply with the Planning Board regulations. Results of the core present 2” of asphalt with a sand base. To maintain an adequate base, an additional 2” of asphalt is proposed. Once the first repair is complete, it is the Town’s obligation to make repairs, a cost to be borne by all taxpayers.
Melissa Phillips, 6 Preakness Lane asked who is liable for the road that was initially approved to standard. The contractor was deemed the responsible party and was noted to be out of business at this time.
Preakness Lane resident Curtis Smith commented on the sand road base which lacks the gravel binder course. The Selectmen indicated the Town intends to set a standard consistent with the Planning Board that would regulate and control work that does not adhere to Town standards.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing on the Private to public road conversion of Preakness Lane.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Public Hearing – Road Taking – Equestrian Avenue:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of Equestrian Avenue. The Hearing notice was read aloud in accordance with posting requirements. It was noted that all abutters were notified of said Hearing.
The maximum betterment to be charged to the residents of Equestrian Avenue is $17,263.55. The estimated betterment cost to be borne by 8 property owners in $2,157.94.
John Miller, 6 Equestrian Avenue was in attendance on behalf of the homeowners association to request the Selectmen’s consideration to split the difference of the cost of the road repair. Core samples of the newly constructed road reflect a gravel base with a 2 ½” layer of asphalt. Although the road is in better condition than the two previous roads discussed on this date, there is a discrepancy to the DPW 3” standard.
The Interim DPW Director indicated that every road taken by petition is brought to standard to conform to consistent DPW standards.
Mr. Miller stated that this is an unexpected standard to the homeowners of Equestrian Avenue who were under the impression the road was developed to standard.
The abutters of Equestrian Avenue make the final decision to petition the Town to move forward with the road taking. Town Meeting then makes the final determination.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing on the private to public road conversion of Equestrian Avenue.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Acceptance of Regional HAZMAT Plan:
Sheldon Hamblin was present on behalf of Fire Chief George Baker to recommend to the Board of Selectmen, the adoption of the Regional HAZMAT Plan. Correspondence was received from the Barnstable County Regional Emergency Planning Committee dated December 3, 2007 with respect to this regard.
Sean O’Brien a coordinator of the Barnstable County Regional Planning Committee was in attendance to review requirements to complete the certification process for the Barnstable County Hazardous Materials Emergency Plan. A sample letter was presented to the Board to accept the Plan as drafted by the Barnstable County Regional Emergency Planning Committee.
Motion made by Selectman Myers to vote; The Town of Mashpee accepts the Barnstable County Hazardous Materials Emergency Plan (November 2007 edition) as drafted by the Barnstable County Regional Emergency Planning Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
OLD BUSINESS:
Santuit Pond Water Quality:
Correspondence was received from the Environmental Oversight Committee (EOC) regarding the water quality of Santuit Pond. The EOC has requested the Selectmen authorize an RFP to investigate and propose a solution to Santuit Pond’s phosphorus/algae problem.
It was noted the Town of Barnstable was consulted regarding this concern. It was reported that Barnstable has been working on the restoration of the bogs at the Santuit Pond Preserve, but has not conducted work towards improving water quality.
The EOC has indicated the remediation of Santuit Pond can only be accomplished through recommendations/actions based upon accurate scientific data from actual measurements of elements capable of defining the phosphorus source(s).
Discussion followed regarding the scope of services for the Request for Proposal. It was agreed the Cape Cod Commission, with available resources would be requested to provide the scope of services.
Motion made by Selectman Cahalane to formally request the Cape Cod Commission to prepare an RFP to provide a review and remediation for the Santuit Pond phosphorus/algae problem.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Acceptance of Resignation – Environmental Oversight Committee:
The Selectmen were in receipt of a letter of resignation from Lyle Hasley from the Environmental Oversight Committee.
Motion made by Selectman Taylor to accept the resignation of Lyle Hasley from the Environmental Oversight Committee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
The vacant position will be duly advertised to seek a member-at-large.
NEW BUSINESS:
Recommendation for Owners Project Manager – Library Project:
Correspondence was received from the Town Manager dated January 24, 2008 recommending the Board approve the Owners Project Manager for the Mashpee Library project. It was disclosed that an agreement could not be reached with R.F. Walsh and negotiations with the second firm of Pomroy Associates were deemed favorable. The total fee for services is $318,000.
Motion made by Selectman Taylor to award the Owners Project Manager for the Mashpee Library project to Pomroy Associates of South Easton, MA in the amount of $318,000.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Historic District Commission:
In accordance with the 2007 vote of Town Meeting relative to the establishment of the Historic District Commission, the following candidates were recommended for appointment;
Joseph Mullen – Planning Board representation
Myrna Nuey – Property Owner from the District
Earl Mills – Member-at-Large
Michael Robbins – Member-at-Large
It was noted the Tribal Council has not remitted nominations for appointment to date.
Motion made by Selectman Myers to appoint the following to the Historic District Commission; Joseph Mullen, Myrna Nuey, Earl Mills and Michael Robbins.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Utility Hearing Approval – Request to Install One Pole along Shore Drive:
A memorandum was received from the Assistant Town Manager dated January 10, 2008 relative to the Verizon Pole Hearing No. 07-037 to install (1) new pole along Shore Drive off Wading Place Road. The recommendation was submitted to the Selectmen for approval with general conditions to notify the Department of Public Works at least 48 hours in advance.
Motion made by Selectman Cahalane to approve Verizon Petition No. 07-037 to install (1) new pole on Shore Drive as described.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Cape Wind Project:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Discussion followed regarding a proposed request of the Town for at least a minimum 150-day comment period to review the Draft Environmental Impact Statement (DEIS) of the Cape Wind Project
A suggested letter was submitted by Maria Hooton of Save Our Sound to the Director of the Minerals Management Service in Washington to allow for proper review of the lengthy document.
It was agreed the matter would be deferred to the next scheduled Selectmen’s Meeting.
Adjournment:
Motion made by Selectman Myers to adjourn at 8:25 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations.
The Board will not reconvene in Open Session.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Myers, yes Selectman Green, absent
Selectman Taylor, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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