AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 24, 2008
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, March 10, 2008 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Seasonal Liquor License Renewals
Seasonal Population
6:45 Joint Meeting – Finance Committee
6:50 Public Hearing – Application for New Seasonal All Alcohol Package Store License
Seasonal Enterprises, d/b/a The Popponesset Country Store
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
1) Application of Armenian Church of Cape Cod – Vigil on April 27, 2008
2) Certification and Confirmation of Appointment – Director Public Works
3) Recommendation for Reappointment – Cape Cod Commission Representative
4) Recommendation for Bid Acceptance – Red Brook Water Main
5) Recommendation for Reappointment – Board of Registrars
6) Recommendation for Appointment – EDIC
7) Recommendation for Appointment – Conservation Commission Associate Member
8) Request of Realtime Worlds – Virtual Representation of the Town of Mashpee
9) Execution of May Special & Annual Town Meeting Warrants
10) Approval of (2) Additional Contracts – Special Town Meeting Warrant
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 24, 2008
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, March 10, 2008 Regular and Executive Sessions:
Minutes amended to reflect on page five to read: Next scheduled warrant meeting is Monday, March 17, 2008.
Motion made by Selectman Cahalane to approve the minutes of Monday, March 10, 2008 as amended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
Evelyn Buschenfeldt requested the Board of Selectmen support Town Meeting Article 10 to purchase the St. Vincent property, the last large parcel of land available to the Town offered at $3,146,800. Preservation of the property as open space would protect the wildlife habitat. There is also frontage on the Pickerel Cove section of Mashpee/Wakeby Pond.
Ms. Buschenfeldt recommended the CPC explore the option of using the CPA 10% open space reserve to alleviate fiscal constraints to the Town. An opinion would be requested of Town Counsel on the suggested concept to mortgage the 10% open space reserves set aside by the CPA to offset costs.
In other matters, Peter Thomas challenged the Board of Selectmen in the matter of public safety to work with the Fire Department and Mashpee Water District to review options to provide water to the few homes at the north end of Mashpee. A recent fire in the area prompted Mr. Thomas to request residential protection for life safety.
Although Mr. Thomas applauded the Selectmen’s consideration to purchase the St. Vincent’s property on Route 130, Mr. Thomas strongly recommended the Town complete the Route 130 sidewalk/bikeway and signalization project to allow for safe access to Heritage Park before the town expends additional money on overrides for new ventures.
NEW BUSINESS:
Application of Armenian Church of Cape Cod – Vigil on April 27, 2008:
An application from Ara Ishkanian representing the Armenian Church of Cape Cod was presented to the Selectmen for approval of the annual Armenian Genocide Vigil which includes all Genocides. This year the vigil is scheduled to be held on Sunday April 27, 2008 at the Community Park from 12:00 p.m. to 2:00 p.m.
Motion made by Selectman Cahalane to allow the Armenian Church of Cape Cod to sponsor the Armenian Genocide Vigil on Town property on April 27, 2008 as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request of Realtime Worlds – Virtual Representation of the Town of Mashpee:
Mashpee’s GIS Coordinator Tom Mayo was in attendance to discuss the request of Realtime Worlds, a firm that has requested an interest in obtaining GIS Shapefiles to create a virtual representation of the Town of Mashpee.
Mr. Mayo related concern with respect to the prospective virtual Mashpee game that is not an example of beneficial use that could potentially create undesirable behaviors. A scenario of the virtual world proposal was presented to the Selectmen during this discussion for additional review.
Motion made by Selectman Cahalane to deny any requests from Realtime Worlds based on public safety concerns.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Seasonal Liquor License Renewals:
The Board of Selectmen acting as the Licensing Authority of the Town of Mashpee opened the Public Hearing on the renewal of all seasonal liquor licenses in the Town of Mashpee.
The Hearing notice was read aloud in accordance to posting procedures.
Correspondence was received from Kathleen Moore; Administrative Assistant dated March 20, 2008 with respect to this regard.
The seasonal liquor license renewal applications for Cooke’s, the Raw Bar and Marketplace Café were noted to have met all fee, tax and inspection requirements.
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 Myers.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve the following Seasonal Liquor License Renewals:
Azzaro Mashpee, Inc. d/b/ Cooke’s Seafood
Raw Bar, Inc. d/b/a Raw Bar
LNRR Corporation d/b/a Marketplace Café/Bob’s Seafood Café
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Certification and Confirmation of Appointment – Director of Public Works:
The Board of Selectmen reviewed the Town Manager’s recommended candidate approved for hire, Catherine Laurent, for the position of Director of Public Works. All work information and degree/license/certification was verified by the Personnel Administrator for the Selectmen’s certification and confirmation.
Motion made by Selectman Cahalane to certify and confirm the appointment of Catherine Laurent as Director of Public Works.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment – Cape Cod Commission Representative:
Ernest Virgilio, serving the Cape Cod Commission since 1998 has expressed interest to continue as Mashpee’s representative. Correspondence was received from Robert Jones, CCC Chair dated February 21, 2008 recommending the reappointment. Mr. Virgilio’s term expires in April of this year.
Motion made by Selectman Green to reappoint Ernest Virgilio to the Cape Cod Commission for a three year term from April 25, 2008 through April 24, 2011.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Red Brook Water Main:
Seven bids were received in response to advertisement for the extension of the water main on Red Brook Road. Upon evaluation, Bortolotti Construction, Inc. of Marstons Mills was the recommended bidder presenting a bid in the amount of $64,979.94 with up to an additional $4,000 for reimbursement for police detail service.
Bortolotti was the lowest and most qualified bidder according to the Director of Public Works. Bortolotti is currently the holder of the annual bid with the Mashpee Water District for the installation of water mains.
Motion made by Selectman Green to award the bid for the extension of the water main on Red Brook Road to Bortolotti Construction, Inc. as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment – Board of Registrars:
Correspondence was received from the Town Clerk dated March 17, 2008 recommending the appointment of Karen Walden to the Board of Registrars. Ms. Walden represents the un-enrolled voters of the Town of Mashpee. Her term will expire on March 31, 2008.
Motion made by Selectman Cahalane to re-appoint Karen Walden to the Board of Registrars for a three year term.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – EDIC:
Joseph Anastos was the recommended candidate to serve on the Board of Directors of the EDIC. Interviews were conducted with three individuals wishing to fill the present vacancy. Mr. Anastos was the unanimous candidate for appointment.
Motion made by Selectman Myers to appoint Joseph Anastos to the EDIC as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Conservation Commission Associate Member:
Correspondence from the Conservation Agent dated January 30, 2008 recommended the appointment of Robert C. Anderson to the position of associate member.
Motion made by Selectman Green to appoint Robert C. Anderson to the Conservation Commission as an Associate Member.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Seasonal Population:
The Town Planner remitted communication to the Selectmen regarding the estimated summer population for submission to the Alcoholic Beverages Control Commission. Based on calculations and data sources, the estimate is 31,109 persons for the summer of 2008. Rationale was included in Mr. Fudala’s memorandum to the Board dated February 21, 2008.
Motion made by Selectman Myers to accept the basis of the Seasonal Population for the Summer of 2008 as 31,109 persons.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Public Hearing – Application for New Seasonal All Alcohol Package Store License Seasonal Enterprise, d/b/a The Popponesset Country Store:
The Board of Selectmen 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 accord with posting requirements. The description of said premise is 259 Rock Landing Road, Building 1, Mashpee. It was noted the application was previously approved by the Selectmen on February 25, 2008. However, the applicant failed to notify the abutters of the hearing. To satisfy the requirement, the hearing was held by the Board to allow for ample abutter notification.
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. 5-0.
Motion made by Selectman Cahalane to approve 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.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Joint Meeting – Finance Committee:
The Board of Selectmen met jointly with members of the Finance Committee for the purpose of reviewing the Annual and Special Town Meeting Warrants of Monday, May 5, 2008.
Special Town Meeting Warrant:
Approval of (2) Additional Contracts:
Motion made by Selectman Taylor the place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Two additional collective bargaining agreements were before the Board for approval and placement on the Special Town Meeting Warrant.
Article 4: To grant a cost of living adjustment $11,833.76 for Fiscal Year 2008 to employees whose positions are classified under the Department of Public Works contract.
Motion made by Selectman Myers to approve the Agreement between the Town of Mashpee and Service Employees International Union, Local 888 DPW Unit effective November 1, 2007 (3%), and approve Article 4 of the May 2008 Special Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article 5: To grant a cost of living adjustment for Fiscal Year 2008 to fund the Administrator’s Unit B Contract, $14,740.52.
Motion made by Selectman Myers to approve the Agreement between the Town of Mashpee and Massachusetts Laborers’ District Council, Laborers’ International Union of North America (Unit B) effective November 1, 2007 (3%), and approve Article 5 of the May 2008 Special Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Community Preservation Committee recommended the Board of Selectmen place the article associated to the purchase of St. Vincent’s property (ATM – Article 10) on the Special Town Meeting Warrant.
If the article is approved by the voters at Town Meeting, a debt exclusion question would appear on the May election ballot.
Motion made by Selectman Taylor to move ATM Article 10: St. Vincent’s land acquisition to the Special Town Meeting Warrant as Special Town Meeting Article 13.
Motion seconded by Selectman Green.
VOTE: 2-3. Motion does not carry.
Selectman Cook, Selectman Cahalane, Selectman Myers opposed.
The Finance Committee voted unanimously to approve Articles 1 through 12 of the May Special Town Meeting Warrant.
Motion made by Selectman Cahalane to accept inclusively Articles 1 through 12 of the May 2008 Special Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Annual Town Meeting Warrant:
The Selectmen took action on the following Annual Town Meeting Warrant articles;
The Finance Committee unanimously approved the warrant articles unless it is noted.
Article 2: Annual Operating Budget
HELD – For review after warrant discussion
Article 10: St. Vincent’s Property - $3,146,800
Motion made by Selectman Taylor to exclude the re-authorization of previous bond proceeds, the sum of $509,973 from the St. Vincent’s land acquisition article.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The article, if approved by voters at the Annual Town Meeting is contingent upon the attainment of Self Help grant funds ($500,000) and grant funding from the Division of Fisheries and Wildlife ($500,000). Self Help grant funding must be reflected in the debt exclusion question on the May election ballot. If Self Help grant funding is attained, the Town is reimbursed. A requirement of grant funding from the two respective agencies is to place a conservation restriction on the entire subject property.
It was noted the Community Preservation Committee voted 4-2 to contribute $500,000 towards the open space purchase using $177,267 from the 10% open space reserves and $322,733 from the budgeted reserve account.
Potential Acquisition of St. Vincent’s Property: 78.67 Acres
Purchase Price: $3,146,800 $40,000/acre
CPA Funding: 500,000
DFW Grant Funding: 500,000 (Division of Fisheries & Wildlife)
Total Debt Exclusion: $2,146,800
Self Help Grant 500,000 (article contingent on grant award)
Cost to the Town: $1,646,800 $20,933/acre
Motion made by Selectman Taylor to recommend approval of Article 10 as amended.
Motion seconded by Selectman Green.
VOTE: 2-3. Motion does not carry.
Selectman Cook, Selectman Cahalane, Selectman Myers opposed.
The Finance Committee agreed to file a subsequent report for further information on Article 10.
Article 14: Petition Article: $5,000 to lay out Hicks Way
Motion made by Selectman Myers to recommend approval of Article 14 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article 15: Petition Article: Amending the bylaws – “Elected Officers”
Motion made by Selectman Cahalane to take no position on Article 15 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The Finance Committee agreed to file a subsequent report for further information on Article 15.
Article 16: Petition Article: $50,000 Installation of Solar Energy System at the Mashpee Senior Center
Motion made by Selectman Cahalane to take no position on Article 16
of the Annual Town Meeting Warrant.
Motion seconded by Selectman Myers.
VOTE: 4-1. Motion carries.
Selectman Taylor in opposition.
The Finance Committee agreed to file a subsequent report for further information on Article 16.
Article 17: Petition Article: $38,060 to lay out Preakness Lane
Motion made by Selectman Cahalane to recommend approval of
Article 17 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article 18: Petition Article: Mashpee Water District; to rescind the
vote under Article 21 of the May 2007 ATM.
Motion made by Selectman Taylor to not recommend Article 18 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Finance Committee voted unanimously to not recommend Article 18.
Article 19: $17,264 – to layout Equestrian Avenue
Motion made by Selectman Myers to recommend approval of
Article 19 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Article 2: To fund the annual operating budgets for the various Town Departments
School: FY09 Department Request: $21,134,185
FY09 Town Manager Recommendation: $20,227,652
Ann Bradshaw, Superintendent of Schools was in attendance to request support for an amended School budget reflected as option “B” in the amount of $20,579,652. The departmental request reflects a $554,533 departmental reduction. Although the School Committee has not formally voted on budget reductions, the Superintendent stated that text book purchases, supplies and staffing would need to be eliminated from the FY09 School budget.
To offset the discrepancy, the Town Manager identified an additional $290,000 in funding that would include Chapter 70 funds to offset the School budget. The Town Manager’s amended recommendation of $20,517,652 includes the additional $290,000 which represents a remaining budget discrepancy of $62,000.
The Selectmen were in unanimous agreement with the Town Manager’s recommendation of $20,517,652 for the School.
Amended School: FY09 Department Request $20,579,652
FY09 Town Manager Recommendation: $20,517,652
Shortfall: $ 62,000
The Finance Committee was in unanimous agreement to support the Town Manager’s recommendation for the School as updated with the understanding there is a $62,000 shortfall. The vote was 5-2.
The Selectmen and Finance Committee agreed there would be an override of $62,000 or line items would need to be reduced on Town Meeting floor to present a balanced budget.
To assist with the shortfall, the Finance Committee voted to reduce their budget by $31,000, however the 2-5 vote was defeated.
Motion made by Selectman Cahalane to recommend the Town Manager’s FY2009 Budget of $46,781,144 as corrected.
Motion seconded by Selectman Green.
VOTE: 4-1. Motion carries.
Selectman Taylor in opposition.
Approval and Execution of Town Meeting Warrants:
Motion made by Selectman Taylor to approve and execute the Special and Annual Town Meeting Warrants of Monday, May 5, 2008 as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:34 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
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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