AGENDA
BOARD OF SELECTMEN
MONDAY, SEPTEMBER 8, 2008
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Friday, August 22, 2008 Regular Session
Wednesday, August 27, 2008 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Building Commissioner – Annual Inspection Fee Schedule
6:45 Application of Special Events Committee – Oktoberfest 10K Road Race
Request of Coast Guard for Event at South Cape Beach
6:50 Waterways Commission – Mashpee River Dredging Report
6:55 Town Planner – Open Space Plan Review and Endorsement
COMMUNICATIONS & CORRESPONDENCE
1) American Heart Association - Cape Goes Red 2009
OLD BUSINESS
1) US Department of Interior - Cape Wind Energy
2) Request of EDIC for Land Transfer
NEW BUSINESS
1) Certification & Confirmation of Police Officer
2) Certification & Confirmation of Human Services Coordinator
3) Recommendation for Appointment – Special Events Committee (2)
4) Acceptance of Resignation – Waterways Commission
5) Acceptance of Resignation – Affirmative Action Committee
6) Request for Change Order # 4 – Mashpee Fire Station No. 2
7) Request for Review of Possible Land Purchase
8) Recommendation for Bid Acceptance – Line Painting
9) Financial Policy – Payroll Procedures
10) Review & Execution of October Town Meeting Warrant
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Green, Selectman Myers
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Friday, August 22, 2008 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Friday, August 22, 2008 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Wednesday, August 27, 2008 Regular & Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Wednesday, August 27, 2008 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Joseph Burke representing residents of Pondview Avenue asked the Board of the process for the taking of roads that are currently in progress. In concern to the temporary moratorium instituted by the Board of Selectmen earlier this year Mr. Burke made a plea for the Board to be fair towards projects that have begun the course of action for Town Meeting approval.
In response, the Board indicated the moratorium was instituted for new projects only. A public hearing is necessary to announce the betterment assessment estimates related to the road taking cost. There is ample time for the area residents to submit the required second petition to place the article on the May 209 Town Meeting warrant. It was agreed the schedule of road projects would be further discussed with the DPW Director.
APPOINTMENTS AND HEARINGS:
Building Commissioner – Annual Inspection Fee Schedule:
Richard Stevens, Building Commissioner was in attendance to request the Selectmen approve the reinstatement of the fee schedule for Annual Inspections under 780CMR, the Massachusetts State Building Code. A copy of Table 106 which outlines the Use Groups frequency of inspections and applicable fees was enclosed.
Upon discussion, it was disclosed the Board of Selectmen has the right to maintain the waiver of fees for buildings and structures or parts thereof owned by the municipality, county or political subdivision and for buildings and structures or parts thereof used solely for religious purposes.
Motion made by Selectman Cook to reinstate the fee schedule for Annual Inspections under 780 CMR in accordance with the Massachusetts State Building Code, Table 106.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Certification and Confirmation of Police Officer:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Rodney Collins Chief of Police was present with Olivier Naas, candidate for Mashpee Police Officer. Mr. Naas, a resident of Yarmouthport, MA has extensive experience as a full time Police Officer, Field Training Officer, Court Prosecutor and School Resource Officer.
Motion made by Selectman Taylor to certify and confirm the appointment of Olivier A. Naas as Mashpee Police Department Police Officer.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Certification and Confirmation of Human Services Coordinator:
Motion made by Selectman Cook to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
In accordance with the Hiring Certification process for the Town of Mashpee, the Selectmen received the employment application of Gail Wilson, M.Ed. LMHC for the position of Human Services Coordinator.
All work information and degree/license certification was performed by the Personnel Administrator recommending the appointment.
Motion made by Selectman Cook to certify and confirm the appointment of Gail Wilson as Human Services Coordinator pending the CORI background check.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Application of Special Events Committee – Oktoberfest 10K Road Race:
Gus Frederick, Leisure Services Director was in attendance to recommend the Board approve the Special Events Permit Application for the upcoming Oktoberfest 10K Road race that is now part of the annual Oktoberfest program on Saturday, October 11, 2008.
The point to point race begins at 9:00 a.m. at South Cape Beach and ends at the Mashpee Commons Green opposite the Christ the King Church.
The 10K road race will cross Route 28 in Mashpee at the intersection of Donna’s Lane and Job’s Fishing Road. Mashpee Police Officers will be assigned to supervise runners crossing the intersection. Two additional Police Detail units as required will monitor the entrance to New Seabury and Red Brook Road.
Motion made by Selectman Cook to approve the Special Events Application for the Oktoberfest 10K Road Race as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Request of Coast Guard for Event at South Cape Beach:
Correspondence was received from the Coast Guard dated September 3, 2008 requesting to use South Cape Beach for the purpose of scheduling a morale day on September 11, 2008. The Coast Guard intends to bus most of their active duty members to the beach, however, some of the members will chose to drive and park with the Selectmen’s approval in the Mashpee section of South Cape Beach.
The memorandum stated that food, non-alcoholic drinks, kayaks and various other beach activities would be provided. The Selectmen related concern to the use of kayaks.
It was noted the beach would not be closed to the public. The Selectmen approved the request, but requested further information prior to the 11th on the use of kayaks and other beach activities intended for the event.
Waterways Commission – Mashpee River Dredging Report:
The Selectmen were in receipt of a report dated September 2, 2008 from the Waterways Commission regarding the modeling runs that assess the impact of dredging scenario alternatives and how they would affect water quality in the Mashpee River.
The results of five out of six budgeted modeling runs were reviewed. Although none of the scenarios significantly degrade water quality, there is no scenario that leads to the considerable improvement of water quality.
With the Selectmen’s approval, the Waterways Commission would run the 6th scenario to evaluate the effect of dredging a new channel in Popponesset Bay that would possibly solve a navigational problem caused by shoaling. The two to three month project is estimated cost is $1500, and is budgeted within the $9000 authorization for the modeling runs.
Motion made by Selectman Green to approve and move forward with the 6th modeling run scenario as defined.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Town Planner – Open Space Plan Review and Endorsement:
The Town of Mashpee Open Space, Conservation and Recreation Plan as updated in June 2008 were reviewed by the Board with the Town Planner.
Mr. Fudala informed the Board the Plan is a requirement of the State’s Division of Conservation Services (DCS) as part of the Town’s grant application to the State’s LAND (formerly Self-Help) program for the Meetinghouse Road property approved at the May Town Meeting. As part of the DCS approval process, local review letters are required from the Planning Board, Board of Selectmen, Conservation Commission and the Cape Cod Commission.
The updated Plan is similar to the 1998 Open Space Plan, but includes all updated information such as new GIS maps and a revised Action plan.
As described in the Five –Year Action Plan, projects are focused on six key areas; the Mashpee National Wildlife Refuge, protecting the Mashpee River corridor, developing the Cross-Cape Trail’s Mashpee segment, continuing the development of trail and parking facilities at Town conservation areas, upgrading and expanding the Town’s active recreational facilities and continuing to integrate school facilities into the Town’s recreation programs.
The Plan is considered for use as a guide for accomplishment and a tool for potential funding acquisition over the next five years. Projects must be listed in the Plan to obtain favorable action on grant applications. Proposed projects in the Action Plan are either incomplete projects carried over from the 1998 Plan, and new proposals for land protection. Also included are recreational projects proposed by the Leisure Services Department.
The Meetinghouse Road property is listed as an action in Year 1 to ensure qualification for the proposed LAND grant. The Open Space Plan is required to be filed in July for possible grant funding.
The Selectmen agreed to comment on the Plan or before September 22, 2008.
COMMUNICATIONS AND CORRESPONDENCE:
American Heart Association – Cape Goes Red 2009:
The Selectmen reviewed communication from the American Heart Association (AHA) dated August 27, 2008 relative to the annual Cape Goes Red 2009 event, a part of the AHS’s Go Red for Women, women’s health initiative campaign.
The month of February is designated as National Heart month. Friday, February 6, 2009 is designated as AHA “National Wear Red Day for Women”. The Selectmen agreed to participate again in the 2009 event.
OLD BUSINESS:
US Department of Interior – Cape Wind Energy:
Correspondence was received from the United States Department of the Interior dated August 27, 2008 relative to the Cape Wind Energy Project. The Minerals Management Service is proposing a second Section 106 Consultation meeting on September 9th in Hyannis.
Selectman Green, the representative for the Mashpee Wampanoag Tribe indicated that he would also participate as the Selectmen’s representative at the hearings. Selectman Cahalane is listed as a member and would serve as the Selectmen’s representative in the absence of Selectman Green.
OLD BUSINESS:
Request of EDIC for Land Transfer:
Joseph Noonan, vice-chair of the EDIC was in attendance to request support from the Board of Selectmen to sponsor two articles pertaining to the disposition of two parcels of land located within the Industrial zoning district.
The first article, 2.7 acres of property located at 117 Industrial Drive Ext. would request authorization from Town Meeting to transfer title of the property to the EDIC, the original intent for this property for economic development. The transference of the title would allow the EDIC to pursue uses ranging from possible development or sale of the property to generate seed money for development elsewhere in the Town of Mashpee.
Motion made by Selectman Cook to add the transfer of the 2.7 acre property as identified on the October Town Meeting warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The second article would pertain to the 6.2 acre parcel located at 33 Commercial Street. The EDIC would request Town Meeting to approve the transfer of the title to the property to the EDIC for development purposes.
With regards to the proposed second article, the Selectmen place the matter on hold for the marketing plan. It is the consensus of the Board to work diligently to place the article on the May 2009 Town Meeting warrant. It was noted the EDIC is seeking to obtain a $75,000 grant from the Cape Cod Economic Development Council to develop a marketing strategy for the two referenced parcels.
NEW BUSINESS:
Recommendation for Appointment – Special Events Committee (2):
Letters of interest were received from Marjorie Philips and Conni Baker to serve on the Special Events Committee. Correspondence was received from Gus Frederick; Director of Leisure Services dated September 3, 2008 recommending their appointment.
Motion made by Selectman Cook to appoint Marjorie Philips and Conni Baker to the Special Events Committee as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Waterways Commission:
Correspondence was received from Paul Lumsden dated August 26, 2008 resigning as a member of the Waterways Commission.
Motion made by Selectman Green to approve the resignation of Paul Lumsden from the Waterways Commission with regret.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Selectmen requested that a letter of sincere appreciation be remitted to Mr. Lumsden for his dedicated service to the Town of Mashpee.
Acceptance of Resignation – Affirmative Action Committee:
Janice Rhoden submitted a letter to the Selectmen notifying of her intent to resign from the Affirmative Action Committee effective September 17, 2008.
Motion made by Selectman Cook to accept the resignation of Janice Rhoden from the Affirmative Action Committee with extreme regret.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
It was agreed that a letter of appreciation would also be remitted to Ms. Rhoden for her dedicated service.
NEW BUSINESS:
Request for Change Order #4 – Mashpee Fire Station No. 2:
Change Order No. 4, a credit in the amount of $1,184 was presented to the Selectmen for approval. It was noted the Planning & Construction Committee recommended approval of the change order for the deletion of the 2” backflow pressure gauge and associated piping.
Motion made by Selectman Cook to accept Mashpee Fire Station No. 2 - Change Order #4 as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request for Review of Possible Land Purchase:
In response to an Open Space Committee inquiry regarding a potential purchase offer in July 2002, Barbara LaFlam inquired of the Town’s interest to purchase a parcel located at 277 Old Barnstable Road, Mashpee.
Since the Open Space Committee is not longer in existence, it was suggested Ms. LaFlam discuss this matter with the Community Preservation Committee.
Recommendation for Bid Acceptance – Line Painting:
Correspondence was received from the Director of Public Works dated September 3, 2008 recommending the award of contract for line painting. Based on bid results, it was recommended that a one year contract for FY09 be awarded with an option to renew for FY10 as follows;
Hi-Way Safety Systems, Inc.:
All Paint Pavement Markings, All Thermoplastic Pavement Markings,
All Epoxy Pavement Markings
Markings, Inc. – Recessed Pavement Markers
The Selectmen agreed to defer the line painting recommendation for further clarification regarding the line painting on Quinaquisset Avenue.
It was agreed the matter would be placed on the Selectmen’s agenda of September 22, 2008 for additional review.
NEW BUSINESS:
Financial Policy – Payroll Procedures:
The Board of Selectmen reviewed the draft Payroll Policies and Procedures policy which will become a part of the Town’s overall collection of financial policies. Correspondence was received from the Assistant Town Manager dated September 3, 2008 with respect to this regard.
It was agreed the Payroll Policy would be amended to include: Direct Deposit Requirements.
Motion made by Selectman Cook to accept the Town of Mashpee Payroll Policies and Procedures as amended to include direct deposit requirements.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Review and Execution of October Town Meeting Warrant:
The Board of Selectmen reviewed draft #3 of the October Town Meeting Warrant dated September 8, 2008. The following action was taken:
Article #1: To pay FY08 bills received after the close of the fiscal year.
Motion made by Selectman Taylor to approve Article #1 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Review & Execution of October Town Meeting Warrant: (cont’d)
Article #2: To exempt from taxation, any personal property with an assessed value of $10,000 or less to create an administrative cost savings.
Representatives from the Board of Assessor’s discussed the proposed article relative to tax relief on personal property taxes. It was noted that no revenue is lost by adoption of this warrant article. The average quarterly tax bill for personal property assessments at or below $10,000 is $5.77. The article would also grant relief to Mashpee small businesses and non-resident homeowners who have minimal personal property.
It was noted the Town’s of Chatham, Barnstable and Brewster have adopted the exemption. The Selectmen agreed to add language to report the cost savings amount with the proposed article.
Motion made by Selectman Myers to approve Article #2 of the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #3: To provide funding for a contract with the Mashpee
Permanent Firefighters Association, Local 2519.
Article #4: To provide funding for a contract with the MASS C.O.P.
Local 324, Unit A Police Officers and Detectives.
There are no negotiating meetings scheduled for the above referenced contracts.
Motion made by Selectman Taylor to remove Article #3 and Article #4 from the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #5: To upgrade the Personnel Department’s Administrative Clerk to that of a Personnel Benefit-Payroll Assistant and increase the hours from 19 hours per week to 37.5 hours.
Motion made by Selectman Taylor to approve Article #5 of the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #6: To staff the new Fire Station on a part-time seasonal basis for the remainder of the fiscal year, $88,000 to the 2009 Salary and Wage Account of the Fire & Rescue Department
Motion made by Selectman Cook to remove Article #6 from the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article #7: To fund energy, maintenance and communications for the new fire station, $15,000 to the Fire & Rescue Department FY09 expense account.
Motion made by Selectman Cook to approve Article #7 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article #8: To create (2) new Firefighter/Paramedic positions for the Fire & Rescue Department to begin January 1, 2009, $86,031 to create staffing to allow the new fire station to remain open on a year round basis.
Motion made by Selectman Myers to approve Article #8 with the condition the explanation state that staffing would allow the station to remain open on a year round basis.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article #9: To fund the training of (1) Firefighter/EMT to the Paramedic level, $8,000 from the Ambulance Receipts Account.
Motion made by Selectman Taylor to approve Article #9 of the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #10: To fund a Santuit Pond water quality study. The project price is unknown to date.
Proposals have been received for the Santuit Pond Diagnostic Study Project. The Environmental Oversight Committee is expected to review and rank the firms based upon their qualifications and project criteria set forth in the RFP. Upon ranking, the Town Manager would open the price proposals to begin negotiation. Discussion followed regarding the unknown cost, and the need to execute the warrant to adhere to posting requirements and printing procedures.
Motion made by Selectman Taylor to remove Article #10 from the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: 4-1. Motion carries.
Selectman Myers opposed.
Article #11: To set aside 10% of the estimated Community Preservation funds for open space, historic purposes and affordable community housing, $167,221 respectively for each category and appropriate $1,170,549 to the FY09 Community Preservation Fund Budgeted Reserve.
Motion made by Selectman Taylor to approve Article #11 of the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #12: To acquire easements for a public sidewalk and drainage purposed along Route 151 & Steeple Street for the new Mashpee Library and the development of parcels in that area.
Motion made by Selectman Cook to approve Article #12 of the October Town Meeting Warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article #13: To grant a sidewalk/access easement in conjunction with the construction of the new Mashpee Library and the abutting parcel of land.
Motion made by Selectman Cook to approve Article #13 of the October Town Meeting Warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article #14: To convey an easement to NSTAR for the new Mashpee Public Library.
Motion made by Selectman Cook to approve Article #14 of the October Town Meeting Warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article #15: To grant a utility easement to Comcast for 117 Industrial Drive.
Motion made by Selectman Cook to approve Article #15 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
*New Article: To transfer title of the 2.7 acre property located at 117 Industrial Drive to the EDIC.
Motion made by Selectman Cook to approve the New Article as referenced on the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article #16: Reorganization of Town Government
Amendment to Zoning By-Laws; Section 174-92 to add: Chairman. Last sentence to read: At its discretion, the Board may also elect a Chairman and a Vice-Chairman.
Motion made by Selectman Cook to approve Article #16 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The Town Planner questioned the Zoning By-Laws portion of Article #16. He asked if a separate 2/3rd’s Town Meeting vote of approval is required, and since it is part of the zoning bylaw, is it necessary for the Planning Board to hold a public hearing. It was agreed Town Counsel would be consulted with respect to this regard.
Article #17: To authorize the lease of additional land to the Boys & Girls Club for the expansion of their building located within the municipal complex off Route 151.
Motion made by Selectman Taylor to approve Article #17 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article #18: To authorize the acquisition of easements over property abutting Route 130 for the construction of a public bikepath/walkway extension from Heritage Park to Pickerel Cove.
Motion made by Selectman Cook to approve Article #18 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article #19: To amend the Zoning Bylaw Section 174-3 by replacing the word: “street” in the definition of front lot line.
Motion made by Selectman Cook to approve Article #19 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article #20: To allow motels, hotels, hospitals, infirmaries, nursing homes, convalescent homes, congregate care or assisted living facilities to be increased to 3 stories and 45 feet in height in all commercial zoning districts and to exceed 20,000 sq. ft of first floor area, if authorized in C-3 zoning districts.
Motion made by Selectman Cook to approve Article #20 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Article 21: The article would eliminate the requirement for a special permit and variance for most docks, and require a special permit only for docks which are proposed to cross more than 70 feet of certain wetlands, as defined in the state’s wetlands laws and regulations.
Motion made by Selectman Cook to approve Article #21 of the October Town Meeting Warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article #22: To correct the inadvertent duplication of Sections relating to Excessive Noise by Dogs in the current edition of the General Bylaws.
Motion made by Selectman Cook to approve Article #22 of the October Town Meeting Warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Taylor to approve and execute the October 2008 Town Meeting Warrant as amended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Myers to adjourn at 8:18 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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