AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 25, 2008
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, February 14, 2008 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Application for New Seasonal All Alcohol Package Store License
Seasonal Enterprises, d/b/a The Popponesset Country Store
7:00 Public Hearing – FY 09 Capital Improvement Program
COMMUNICATIONS & CORRESPONDENCE
1) First Draft – May Special and Annual Town Meeting Warrant
OLD BUSINESS
1) Recommendation for Appointment - Conservation Commission Associate Member
NEW BUSINESS
1) Moratorium of Conversion of Private Roads to Public Roads
2) Recommendation of Conversion from Private to Public Roads
3) Recommendation for Bid Acceptance – Two (2) Ambulances
4) Office of the Attorney General – Compact Disc Antitrust Litigation
5) Request of Mashpee Chamber of Commerce – Night of 100 Wines
6) Request of Mashpee Wampanoag Rod & Gun Club – Special Permit
7) Request of Law Dawgs Motorcycle Club – Annual Memorial Ride
8) Recommendation for Appointment – Shellfish Commission (Associate Member)
9) Acceptance of Resignation – Planning Board
10) Acceptance of Resignation – Special Events Committee
11) Recommendation for Appointment – Clerk of Works (Fire Station No. 2)
12) Town Manager FY09 Budget Report
13) Approval of Letter of Support: Wastewater Collaborative Grant Application
14) Removal of Board of Health Member
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 25, 2008
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager Renè Read
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, February 4, 2008 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, February 4, 2008 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Charles Gasior requested the Selectmen’s permission to purchase a new flag for the Mashpee Rotary. Mr. Gasior explained the existing flag is too small for the flag pole and is in need of replacement. A new 6 x 10 flag is proposed at no cost to the Town.
In addition to the purchase of a United States flag, Mr. Gasior recommended the Selectmen consider the purchase of a Massachusetts State flag and a Wampanoag Indian Tribal flag for display at the Rotary.
Three new flag poles with lighting are planned in the recommended proposal. Funds for the flag project would derive from community fundraising support.
The Selectmen were in favor of Mr. Gasior’s recommendation for the flags as presented.
Additional suggestions to further enhance the Mashpee Rotary include the planting of evergreen shrubbery that would outline the wording; Mashpee with the future possibility of having Mashpee’s falcon talisman and possibly a figure representing the Wampanoag Tribe to the rear of the planting.
APPOINTMENTS AND HEARINGS:
Public Comment:
Peter White presented a fact sheet to the Selectmen relative to the Solarize Our Towns Campaign, an initiative brought forth by Mr. White at a previous Selectmen’s Meeting. An article is presented on the May Town Meeting warrant to appropriate or borrow the sum of $50,000 for the installation of a solar energy system at the Mashpee Senior Center.
Mr. White defined the savings of the investment in renewable energy and recommended the CIP include a future program for renewable energy initiatives.
COMMUNICATIONS AND CORRESPONDENCE:
First Draft – May Special and Annual Town Meeting Warrant:
The first draft of the May 5, 2008 Special and Annual Town Meeting warrant was presented to the Selectmen for initial review. At the next meeting, the warrant articles will be further assessed.
Removal of Board of Health Member:
Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was disclosed the Selectmen’s recent appointee to the Board of Health has been unable to attend the past three meetings. As a result, the three member board has been unable to achieve a quorum to conduct regular business.
Although the appointee, Jocelyn McCree was deemed an outstanding and well qualified member of the Board of Health, the Selectmen agreed to adhere to policy and remove Ms. McCree from her position due to lack of presence in accordance with the Board’s attendance policy.
Motion made by Selectman Cahalane to remove Jocelyn McCree from the Board of Health in adherence with the Selectmen’s attendance policy and need to maintain quorum for the Board of Health.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The Town Manager was directed to remit a letter to Ms. McCree with respect to this regard. It was also agreed the candidate under previous consideration, Burt Kaplan would be consulted regarding his interest in the position. If Mr. Kaplan is unable to serve, the Selectmen indicated they would advertise to fill the vacancy.
The Selectmen also considered reducing the membership of the Board of Health in an effort to maintain a quorum of this important regulatory board. It was agreed the Town Home Rule Charter would be reviewed and the Board of Health would be consulted regarding their position on this matter. If supported, an article would be considered for the Town Meeting warrant. The topic will appear as an agenda item of the Selectmen at their next meeting.
APPOINTMENTS AND HEARINGS:
Public Hearing – Application for New Seasonal All Alcohol Package Store License:
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the application of Seasonal Enterprises LLC, d/b/a The Popponesset Country Store, Joseph Anastos, Manager, for a Seasonal All Alcohol Retail Package Store License.
The Hearing notice was read aloud in accordance with posting procedures. Attorney Mark Gildea was present to discuss the license application as defined. It was disclosed the license is being pledged by Popponesset Marketplace LLC.
The Popponesset Country Store is located within the Popponesset Marketplace. The premise is used solely for the purpose of a general store.
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. 5-0.
Motion made by Selectman Cahalane to grant a Seasonal All Alcohol Retail Package Store License to Seasonal Enterprises LLC, d/b/a The Popponesset Country Store, Joseph Anastos, Manager and approve the Pledge of License to Popponesset Marketplace LLC as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Recommendation for Appointment – Conservation Commission Associate Member:
Correspondence was received from the Town Manager dated February 20, 2008 requesting the Board rescind their vote of February 4, 2008 that appointed Paul O’Smalley as a full voting member of the Conservation Commission. The Conservation Commission is full with vacancies only for associate members.
Motion made by Selectman Green to rescind the Selectmen’s vote of February 4, 2008 appointing Paul O’Smalley as a full member of the Conservation Commission.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Green to appoint Paul O’Smalley as an Associate Member of the Conservation Commission.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Moratorium of Conversion of Private Roads to Public Roads:
Given the current discrepancies and inconsistencies in road construction standards between the Town of Mashpee Department of Public Works and the Mashpee Planning Board with respect to road specifications, the Selectmen discussed placing a temporary moratorium of its designation/recommendation of private roads and ways for acceptance as public roads until such time that a comprehensive and uniform construction standard is agreed upon.
In addition to the discrepancy between the two referenced departments, the Selectmen agreed to look at the long-term issue of unprotected liability as it relates to increased expenditures for the upkeep of these roads.
It was noted that two road taking articles appear on the May Town Meeting warrant. The articles would be exempt from the temporary moratorium. The moratorium would not prevent residents from going through the petition process.
Motion made by Selectman Myers to adopt a policy regarding road acceptance authorizing a temporary moratorium for the taking of private roads until July 1, 2008.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was agreed the Finance committee would be requesting input. The subject matter will appear as an agenda topic of the Selectmen’s March 3rd meeting.
Recommendation of Conversion from Private to Public Roads:
Correspondence was received from the Interim Director of Public Works dated February 13, 2008 recommending the conversion of Hemlock Drive, Holly Way, Oneida Avenue and Mohawk Road, private roads to public roads. The roads are in poor condition and complete reconstruction is proposed for all four roads.
Ms. Laurent, the Interim DPW Director was not in attendance to discuss the road conversion recommendation. It was agreed the matter would be deferred to the next scheduled Selectmen’s Meeting.
APPOINTMENTS AND HEARINGS:
Public Hearing – FY09 Capital Improvement Program:
The Board of Selectmen and Capital Improvement Program Committee (CIP) opened the Public Hearing at 7:00 p.m. on the proposed Capital Improvement Program plan for fiscal year 2009. In attendance were committee members Joyce Mason, Theresa Cook, Renè Read, Dawn Thayer, Charles Gasior and Nancy Jo Goulart.
As a result of fiscal constraints, the recommended CIP budget is comprised of the following expenditures;
DPW 6 wheel dump truck (final) $56,390
Police 10 vehicles (year 1 of 3) $105,000
Police 2 vehicles (final) $29,995
Fire Air Pack Replacement (final) $45,000
Fire 3rd Ambulance $200,000
The recommended capital budget is intended to be funded as follows,
$236,385 from free cash and $200,000 from the ambulance reserve receipts account.
Due to fiscal constraints, alternative funding methods were sought to complete additional capital improvement projects. The CIP Committee voted to fund additional capital projects if funding sources were identified. Available funds from previously authorized bond projects would allow the re-authorization of funds for the installation of a fuel depot at the DPW for all Town vehicles. Surplus bond proceeds from pre-authorized road construction projects would support the extension of the Route 130 bikeway from Heritage Park to Pickerel Cove Road and allow for improvements to the 10 Acre parcel at South Cape Beach. Articles for the referenced projects are reflected on the Special and Annual Town Meeting warrants for voter approval at the May Town Meeting.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve the report of the CIP Committee for the FY 2009 Capital Budget.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The meeting of the CIP Committee adjourned at 7:15 p.m.
NEW BUSINESS:
Recommendation for Bid Acceptance – Two (2) Ambulances:
George Baker, Fire Chief was in attendance to recommend the Board award the bid for (2) fire rescue ambulances to Greenwood Fire Apparatus, Inc. (representing Horton Ambulance) of North Attleboro in the amount of $295,670. The budget for the project is $300,000 funded through the ambulance reserve receipts account. It was noted the project was a recommendation of the Capital Improvement Program for FY08.
Motion made by Selectman Cahalane to award the bid for the purchase and delivery of (2) new 2007/2008 Model Year, Class I, Type III Rescue Ambulances to Greenwood Fire Apparatus, Inc. as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Office of the Attorney General – Compact Disc Antitrust Litigation:
Correspondence was received from the Office of the Attorney General dated January 28, 2008 announcing the Mashpee Library has been selected to receive a cash distribution of residual funds in connection with a 2002 settlement of the antitrust case against certain music companies and retailers. It is anticipated that Mashpee would receive a distribution of at least $300.
Motion made by Selectman Cahalane to accept the monetary distribution in connection with the Attorney Generals’ Compact Disc Litigation Settlement.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request of Mashpee Chamber of Commerce – Night of 100 Wines:
Heidi Trottier, Chair of the Mashpee Chamber of Commerce was present to request the Selectmen approve the annual Night of 100 Wines special event on Saturday, June 7, 2008 from 5:30 p.m. to 8:00 p.m. at the SouthCape Village Marketplace, Route 28, Mashpee.
It was noted the Board received communication from Robert Woolridge via email relative to handicap parking and the width of the aisles under the tent. It was disclosed that handicap parking would be designated and the aisles would be accommodating and assessable for handicap persons wishing to attend the event.
Motion made by Selectman Cahalane to approve the application of the Mashpee Chamber of Commerce for a wine & malt license to hold the Night of 100 Wines on Saturday, June 7, 2008 as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request of the Mashpee Rod & Gun Club – Special Permit:
W. Courtenay Mills of the Mashpee Rod & Gun Club requested the Selectmen approve the liquor license date of March 1, 2008 for a special club function.
Motion made by Selectman Cahalane to approve the request of the Mashpee Rod & Gun Club for a one-day liquor license on the date of March 1, 2008.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request of the Law Dawgs Motorcycle Club – Annual Memorial Ride:
Law Dawgs Motorcycle Club President Benjamin Perry was in attendance to request the Selectmen approve of travel in Mashpee for their annual fundraising event on Saturday, May 3, 2008. The proposed route of the memorial motorcycle ride and blessing in the name of William Paolini, Sr. was presented to the Selectmen. The purpose of the event is to raise funds to add to the scholarship created in Corporal Paolini’s name. Last year $4000 was awarded to Mashpee students.
Motion made by Selectman Green to approve the request of the Law Dawgs Motorcycle Club for the annual ride in the Town of Mashpee on Saturday, May 3, 2008.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Shellfish Commission (Associate Member):
Peter Thomas was the recommended candidate to serve as an associate member of the Shellfish Commission. Communication was received from the Shellfish Commission dated February 20, 2008 recommending the appointment. The Selectmen were in receipt of a letter of interest from Mr. Thomas to fill the current vacancy.
Motion made by Selectman Taylor to appoint Peter Thomas to the Shellfish Commission as an Associate Member.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Planning Board:
The Selectmen reviewed the letter of resignation from Myrna Nuey from the Planning Board effective immediately. For informational purposes, the letter dated February 14, 2008 was read aloud.
For the May election, there is now an open seat for a regular member and an associate member of the Planning Board.
Acceptance of Resignation – Special Events Committee:
Correspondence was received from Benjamin Perry dated January 31, 2008 resigning from the Special Events Committee effective February 1, 2008.
Motion made by Selectman Cahalane to accept the resignation of Benjamin Perry from the Special Events Committee with regrets.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment - Clerk of Works (Fire Station 2):
Three resumes were received in response to advertisement for the position of Clerk of Works for the Mashpee Fire Station #2. The vote of the subcommittee was unanimous to appoint Ernest Virgilio of Mashpee. It was noted that Mr. Virgilio was the most qualified candidate and served as clerk of works for the Mashpee Fire Station headquarters. The new project is scheduled to begin on March 1, 2008.
Motion made by Selectman Green to appoint Ernest Virgilio to the part-time position of Clerk of Works to monitor construction activities for the Mashpee Fire Station #2.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Town Manager FY09 Budget Report:
Joyce Mason, Town Manager discussed her recommended budget for fiscal year 2009 with members of the Board of Selectmen. It was noted the balanced budget is reflective of considerable discussion with Department Heads and deliberations with Financial Team Members.
Correspondence relative to the FY 2009 Budget Recommendation was submitted to the Board of Selectmen and Finance Committee in a memorandum dated February 21, 2008.
The overall budget recommendation is $47,110,790 which represents a 1.803% increase that does not include the budget overlay of $350,000 and the funding of the recommended capital budget for FY09.
The fixed cost budget is reflective of increases in the Cape Cod Tech tuition assessment, an increase in the County Retirement assessment, an increase in general government health insurance costs, and increases in Group Insurance and Medicare Expenses. The fixed budget also reflects a decrease in the debt service and Town Insurance premiums. The general governmental budget is increased as a result of step increases, contract settlements, and operating costs for the Human Services Department. Other funding derives from fuel and energy line items. It was noted the assistant town planner position has been removed for funding.
The Town Manager has recommended a level funded budget for the School Department as with other Town Departments to reflect a department’s actual needs. The level funded budget of $20.2 million for the Schools is approximately $1 million less than what has been requested by the School Department to date. A comparison was conducted in the School’s financial review process of budgeted funds versus actual funds expended. For justification, it was revealed the School Department transferred over $938,934 at the start of FY08 from the system maintenance account, professional development account, high school electricity account, professional development and clerical wages accounts into various salary accounts. Also, there has been a $350,000 loss in Medicaid
reimbursement due to school administrative errors, a 20% increase in health benefit costs and a 12% increase in the Cape Cod assessment that contributed to Ms. Mason’s decision to level fund.
The Selectmen complimented the Town Manager’s efforts to present a balanced budget during difficult economic times.
Approval of Letter of Support – Wastewater Collaborative Grant Application:
Correspondence was received from the Barnstable County Department of Health and Environment dated February 25, 2008 requesting the Board accept the letter of support for a grant request being submitted to the Massachusetts Environmental Trust. The project is entitled Investigating and Enhancing Performance of Denitrifying On-Site Sewage Treatment System. The project is vital to Barnstable County’s efforts to move forward with transforming wastewater management on Cape Cod. Results will be directly applicable to Mashpee’s wastewater planning efforts.
Motion made by Selectman Cahalane to send a letter of support for Barnstable County’s Department of Health and Environment grant application and for their efforts to move forward with transforming wastewater management on Cape Cod.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Green to adjourn at 7:33 p.m.
The Board will enter into Executive Session for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Myers, yes Selectman Green, yes
Selectman Taylor, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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