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February 4, 2008
AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 4, 2008

6:30 p.m. - Convene Meeting - Conference Room 1

        MINUTES

        Approval of the following:

        Monday, January 28, 2008 Regular and Executive Sessions

APPOINTMENTS & HEARINGS
6:30    Public Comment
6:40    Interim Treasurer/Collector
–       Bond Anticipation Notes
–       UniBank Presentation
        6:45    Conservation Agent – Herring Warden Proposal
        6:50    Interim DPW Director
–       Request to Deficit Spend (Snow & Ice Account)
–       Steve Cook/ Zoning Hearing
7:00    Waterways Commission – Update

COMMUNICATIONS & CORRESPONDENCE

1)      People to People Program

OLD BUSINESS


NEW BUSINESS

1)      Request for Signs at Rotary – Barnstable County Fair
2)      Recommendation for Appointment – Conservation Commission Associate Member
3)      Recommendation for Appointment – Zoning Board of Appeals Full-time Member
4)      Recommendation for Appointment – Zoning Board of Appeals Alternate Members (2)

LIAISON REPORTS

EXECUTIVE SESSION


Board of Selectmen
Minutes
February 4, 2008

Present:        Selectman Cook, Selectman Cahalane,
                Selectman Green, Selectman Taylor
                Town Manager Joyce Mason
                Assistant Town Manager René Read

Absent: Don Myers

                Meeting Called to Order by Chairman Cook at 6:30 p.m.
                Town Hall, Conference Room #1

                MINUTES:

                January 28, 2008 Regular and Executive Sessions:

                Motion made by Selectman Cahalane to approve the Regular and
                Executive Session minutes of Monday, January 28, 2008 as presented.
                Motion seconded by Selectman Taylor.
                VOTE:  Unanimous.  4-0.

                APPOINTMENTS AND HEARINGS:

                Public Comment: None at this time.


                Interim Treasurer/Collector:
                Bond Anticipation Note:

                David Leary, Interim Treasurer/Tax Collector was in attendance to
recommend the Board vote to accept the $2,524,000, 2.60 % Bond Anticipation Note as described in the Notice of Sale dated January 25, 2008 to Eastern Bank.

Due to the absence of the Clerk on this date, it was agreed the Vice-Chair would preside as Clerk, and the Chairman of the Board of Selectmen would execute the Bond Anticipation Note.  The vote as follows was read aloud into the record.

                Motion made by Selectman Cahalane to vote the following;

I, Selectman John Cahalane acting as Clerk of the Board of Selectmen of the Town of Mashpee, Massachusetts, certify that at a meeting of the board held February 4, 2008, of which meeting of all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the board in my custody:

Voted: to approve the sale of a $2,524,000 2.60 percent Bond Anticipation Note of the town dated February 12, 2008, and payable September 4, 2008, to Eastern Bank at par and accrued interest plus a premium of $8,015.94.

Further Voted: that the consent to the financial advisor bidding for the note, as executed prior to the bidding for the note, is hereby confirmed.

Further Voted: that in connection with the marketing and sale of the Note, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 25, 2008, and a final Official Statement dated January 30, 2008, be and hereby are ratified, confirmed, approved and adopted.

Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.

I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the note were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L.c.39, s.23B as amended.

Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

Interim Treasurer/Collector:
UniBank Presentation:

A proposal regarding UniPay online for municipalities was presented to Town Officials last week by UniBank.  David Leary, Interim Treasurer/Tax Collector discussed the credit card payment program with the Board of Selectmen.

The credit card payment program would accommodate residents who would like the convenience of paying taxes and fees online.  With UniPay, real estate taxes, excise taxes, utility bills, licenses, fees, permits and registrations can be paid online using the Town’s website www.mashpee.ma.us.  There is no cost for the municipality.  The program is beneficial to the Town in that payments are processed automatically, allowing a faster balance reconciliation.  It was noted that UniBank utilizes state-of-the industry encryption methods to safely handle the transaction to prohibit access to bank account information.  Credit card fees are determined by the credit card provider.  There is no fee charged for electronic check transactions.

The Selectmen were supportive of the program.  It was agreed that credit card machine would be placed in the main hallway of Town Hall.  The online payment program would begin with Town Clerk inspectional service fees.

APPOINTMENTS AND HEARINGS:

Conservation Agent – Herring Warden Proposal:

Mashpee’s Conservation Agent, Andrew McManus was in attendance to recommend the Board approve a proposal to fulfill the need for a Herring Warden.  Mr. McManus requested that additional Assistant Herring Wardens be appointed through calendar year 2008 to allow time for him to better acquaint and train for the Herring Warden position.

In addition to the appointment of the Conservation Agent as an Assistant Herring Warden, the Harbormaster and Shellfish Constable were recommended for appointment and in agreement with the proposal. The assistant position does not pay a stipend.    

Motion made by Selectman Taylor to appoint as Assistant Herring Wardens through December 2008;
Andrew McManus – Conservation Agent
Perry Ellis – Harbormaster
Richard York – Shellfish Constable
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  4-0.

Interim DPW Director:
Request to Deficit Spend (Snow & Ice Account)

Catherine Laurent, Interim Director of Public Works requested the Selectmen’s authorization to deficit spend the snow & ice expense budget.  Correspondence was received from Ms. Laurent dated January 28, 2008 relative to the request to deficit spend to allow for additional funds necessary for materials, sanding and snowplowing services.

Motion made by Selectman Green to authorize the Department of Public Works to deficit spend the Snow & Ice Expense Account.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  4-0.

Interim DPW Director:
Steve Cook/Zoning Hearing:

Planning & Construction Committee Chairman Steve Cook informed the Selectmen that Mashpee Commons Limited Partnership (MCLP) has submitted an application to the Zoning Board of Appeals requesting a variance, a 5’ setback from their building property line.  The property line from which the variance is requested is the shared property line with the new Mashpee Library.
The Planning & Construction Committee voted to support the variance request to create a cohesive design between the two properties.  In cooperation, the MCLP has agreed to construct and maintain a 10’ wide sidewalk along the shared property line to provide access to parking located at the rear of the buildings.

The Selectmen were requested to remit a letter of support for the variance to the Zoning Board of Appeals.

Motion made by Selectman Cahalane to send a letter of support to the Zoning Board of Appeals in agreement with the Planning & Construction Committee’s approval of the variance as proposed for the location of the building setback and new sidewalk along the shared property line as referenced.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Waterways Commission Update:

Waterways Commissioner Tim Leedham was in attendance with Jim Hanks WWC Advisor to discuss scenarios to improve the water quality of Popponesset Bay and the Mashpee River.  Photographs of the bay were distributed for discussion purposes.

At the July 2007 Selectmen’s Meeting, the Board authorized the investigation of widening the inlet to Popponesset Bay to consider potential improvements in water flow to improve water quality and navigation.

As a result of additional review, the Waterways Commission recommended the Board authorize an additional modeling run on the Popponesset Bay entrance dredging scenario. The scenario is extensive than those considered since it would remove part of the spit to double the width of the existing entrance channel.  Sand dredged from the sand bar would be used to nourish the spit along most of its length.      

Motion made by Selectman Taylor to authorize the Waterways Commission to expend $1500 for the Popponesset Bay entrance dredging scenario as referenced.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

It was noted the Waterways Commission would seek financial participation with the Town of Barnstable, the Audubon Society, Save Popponesset Bay and other entities as potential and future funding sources if the scenario is approved.
COMMUNICATION AND CORRESPONDENCE:

People to People Program:

The Selectmen were in receipt of correspondence from Ryan Stanley and Meghan Ahearn, Mashpee High School students relative to Meghan’s participation in the People to People Ambassador Program to Ireland and the UK this summer and for Ryan’s attendance at a People to People Leadership Summit in Washington, D.C. in January 2009.

The two students are collecting ink jet cartridges to offset the program costs.  The Selectmen were requested to grant permission for the MHS students to place collection boxes in the offices of Town buildings.

It was the consensus of the Board of Selectmen to support the fundraising request of Ryan Stanley and Meghan Ahearn for the People to People Program by placing collection boxes in the Town Hall, Library and Senior Center.  This is a school related project for Mashpee students and considered a non-profit fundraising activity.

It was agreed the Board would set standard for future requests.

NEW BUSINESS:

Request for Signs at Rotary – Barnstable County Fair:  

Wendy Brown, General Manager of the Barnstable County Fair was in attendance to request the Selectmen approve the placement of signs at the Mashpee Rotary for the 2008 fair.  Two signs are requested during the actual dates of the fair from July 18 through July 26, 2008, a period of nine days.

It was noted the Board has a temporary sign placement policy in place which allows for sign posting for a term no longer than 7 days.  Discussion followed.  The Selectmen unanimously agreed to the request of the Barnstable County Fair and to waive the temporary sign placement to a period of nine days, a one-time exception for the Cape Cod tradition.  The approval does not set precedent for other temporary sign placement requests.

NEW BUSINESS:

Recommendation for Appointment – Conservation Commission Associate
Member:

Correspondence was received from the Conservation Agent dated January 30, 2008 recommending the appointment of Paul O’Smalley to the position of Conservation Commissioner.

Motion made by Selectman Cahalane to appoint Paul O’Smalley to the Conservation Commission as recommended.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

It was noted the Conservation Commission is in need of an alternate member.

Recommendation for Appointment – Zoning Board of Appeals Full-time Member:

The Zoning Board of Appeals recommended the appointment of William Blaisdell as a full voting member due to the unexpected passing of George Bolton.

Motion made by Selectman Green to appoint William Blaisdell to the Zoning Board of Appeals.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Recommendation for Appointment – Zoning Board of Appeals Alternate Members (2):

Correspondence was received from the Zoning Board of Appeals dated January 31, 2008 recommending two candidates to serve as alternate members.

Motion made by Selectman Green to appoint John Dorsey as an Alternate Member of the Zoning Board of Appeals.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Motion made by Selectman Green to appoint Peter Hinden as an Alternate Member of the Zoning Board of Appeals.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  4-0.

Adjournment:

Motion made by Selectman Taylor to adjourn at 7:33 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing a matter relative to contract negotiations.
The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Myers, absent         Selectman Green, yes
        Selectman Taylor, yes           Opposed, none

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen