AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 3, 2008
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, October 6, 2008 Regular Session
Monday, October 20, 2008 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Quashnet Kids – Declaration of “No Name Calling Day/ No Dissing Day” on
January 28, 2009
6:40 Public Hearing – All Alcohol Restaurant License – Wicked Restaurant, Inc., d/b/a Wicked, Robert Catania, Manager
6:50 Public Hearing – Christmas Parade
6:55 Planning & Construction Recommendations
- RFP General Contract and RFP Testing and Inspection Services for Mashpee Library
7:00 Joint Meeting – Board of Water Commissioners/ Sewer Commission/
Finance Committee
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
1) Recommendation from Board of Health – Fee Changes
2) Recommendation from Conservation Commission – Regulation 5 Filing Fees
3) Acceptance of Resignation – Associate Member - Conservation Commission
4) Recommendation for Appointment – Associate Member – Conservation Commission
5) Acceptance of Resignation – Mashpee Cable & Advanced Technology Committee
6) Acceptance of Resignation – Cape Light Compact Representative
7) Recommendation for Appointment – Cape Light Compact Representative
8) Recommendation for Appointment – Human Rights Commission
9) Recommendation for Appointment – Barnstable County Dredge Commission
10) Ratification of Permit for Mashpee Wampanoag Rod & Gun Club Event
11) Execution of Order for Betterment Assessments – Greenwood Development
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 3, 2008
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Green, Selectman Myers
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, October 6, 2008 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Monday, October 6, 2008 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Monday, October 20, 2008 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Monday, October 20, 2008 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Quashnet Kids – Declaration of “No Name Calling Day/No Dissing Day”
on January 28, 2009:
Ashley Welsh representing Quashnet K Kids, a school sponsored organization of over 100 members was in attendance to request the Selectmen declare January 28, 2009 as “No Name Calling Day/No Dissing Day” in the Town of Mashpee to help spread awareness of verbal bullying. Miss Welsh indicated the School Committee has voted in support of the declaration.
Motion made by Selectman Taylor to declare January 28, 2009 as “No Name Calling Day/No Dissing Day” in the Town of Mashpee.
Motions seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Public Comment:
Jason Streebel, the Director of Assessing distributed information to the Selectmen relative to the November 17, 2008 Tax Classification Hearing. At the annual hearing, the Selectmen will review and consider tax rate options available to the municipality under property tax classification.
NEW BUSINESS:
Recommendation for Appointment – Barnstable County Dredge Commission:
Waterways Commission Chairman Ken Bates was in attendance to recommend the Selectmen appoint Perry Ellis as Mashpee’s delegate to the Barnstable County Dredge Commission and William Taylor as associate delegate member. The Waterways Commission and Chief of Police have approved the appointments as referenced.
It was disclosed there is no conflict of interest with the mandates of the Mashpee Home Rule Charter.
Motion made by Selectman Cook to appoint Perry Ellis as the Town’s Delegate to the Barnstable County Dredge Commission and William Taylor as the Associate Delegate Member.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Acceptance of Resignation – Associate Member – Conservation Commission:
Correspondence was received from Paul O’Smalley dated October 21, 2008 resigning from the Conservation Commission as Associate Member.
Motion made by Selectman Cook to accept the resignation of Paul O’Smalley as Associate Member of the Conservation Commission with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Recommendation for Appointment – Associate Member – Conservation Commission:
Andrew McManus, Conservation Agent remitted communication to the Selectmen recommending the appointment of John G. Mates as an Associate Conservation Commissioner. It was disclosed the Conservation Commission voted unanimously to approve Mr. Mates for Associate status. A letter of interest from John Mates dated September 27, 2008 was available for the Selectmen’s review.
Motion made by Selectman Cook to appoint John G. Mates as an Associate Conservation Commissioner as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Acceptance of Resignation – Mashpee Cable & Advanced Technology Committee:
A letter of resignation was received from Maxine Wolfset dated October 14, 2008 resigning from the Mashpee Cable & Advanced Technology Committee (MCAT) effective January 1, 2009.
Motion made by Selectman Cook to accept the resignation from Maxine Wolfset from the Mashpee Cable & Advanced Technology Committee with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Acceptance of Resignation – Cape Light Compact Representative:
Arnold Wallenstein submitted a letter of resignation dated October 20, 2008 announcing his leave as Mashpee’s representative to the Cape Light Compact.
Motion made by Selectman Taylor to accept the resignation of Arnold Wallenstein from the Cape Light Compact.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Cape Light Compact Representative:
A letter of interest was received from Steve Lempitski dated October 16, 2008 to serve on the vacant seat to the Cape Light Compact, the regional energy services organization serving Cape Cod and Martha’s Vineyard. The Selectman and Town Manager agreed that Mr. Lempitski is a well qualified candidate for appointment.
Motion made by Selectman Cook to appoint Steve Lempitski as Mashpee’s representative to the Cape Light Compact.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Human Rights Commission:
Gail Wilson, Human Services Director requested appointment to the Barnstable County Human Rights Commission to represent the needs of the Mashpee community and to work in a collaborative effort with the surrounding towns. The appointment of Ms. Wilson would fill the vacancy created by the resignation of Louise Patrick, the former Human Services Director.
Motion made by Selectman Cook to appoint Gail Wilson to the Barnstable County Human Rights Commission.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – All Alcohol Restaurant License – Wicked Restaurant, Inc., d/b/a Wicked, Robert Catania, Manager:
The Board of Selectmen opened the Public Hearing on the application of Wicked Restaurant, Inc., d/b/a Wicked, Robert Catania, Manager, for an All Alcohol Restaurant License. The property is described as 35 South Street, Building F2-2, SouthCape Village, 4,200 sq. ft. facility, four (4) entrance/exits, two (2) restrooms; seating for 125 inside restaurant, seating for 25 outside restaurant.
The Hearing notice was read loud in accordance with posting requirements. Robert Catania, Manager was in attendance and presented the Board with the necessary paperwork regarding Notice to Abutters. All other information relative to the application was noted to be in order for the Selectmen’s approval.
The new establishment will serve lunch and dinner in a casual environment. At this time, there is no request for live entertainment.
The Selectmen opened the Hearing to solicit comment.
Robert Woolridge, an advocate for handicap persons recommended the applicant consider handicap parking in front of the main entrance of the restaurant.
The recommendation was taken under advisement. It was noted that Talanian Realty, the owners of the subject SouthCape Village received all necessary permitting for parking in advance of the construction of the new restaurant building. Parking is limited as a result of the site configuration of the development as it pertains to the front portion of the subject restaurant. However, there are future site development plans that would enlarge the public parking area.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Motion made by Selectman Cook to approve the application of Wicked Restaurant, Inc., d/b/a Wicked, Robert Catania, Manager, for an All Alcohol Restaurant License.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Ratification of Permit for Mashpee Wampanoag Rod & Gun Club Event:
Correspondence was received from the Mashpee Wampanoag Rod & Gun Club dated October 4, 2008 requesting to use their 2008 liquor license for an event on October 26, 2008.
Motion made by Selectman Cook to ratify the use of the Wampanoag Rod & Gun Club 2008 liquor license date on October 26, 2008.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
COMMUNICATIONS AND CORRESPONDENCE:
Red Light – Green Light Fundraiser Request:
The Selectmen reviewed the request of the Morrissey family to hold a Red Light – Green Light fundraiser in November. The Selectmen related concern with respect to public safety and with setting precedent for future requests. It was agreed the Town Manager would respond to the applicant regarding the Selectmen’s concern to hold the event at signalized areas.
Board of Selectmen/Finance Committee/School Committee Workshop:
New dates are proposed for the referenced workshop cancelled last Saturday. The selected dates will be forwarded to the full Board of Selectmen for additional consideration.
Execution of Order for Betterment Assessments – Greenwood Development:
The Board of Selectmen reviewed the Order for Betterment Assessments for the Greenwood Development consisting of the following roads; Bearberry Circle, Chicory Circle, Grassy Knoll Circle, Great Pines Drive, Green Meadow Circle, Heron Circle, Shadbush Circle, Tern Circle and Yachtsman Circle.
Said road improvements cost $413,806.64, and a proportionate share of the cost, $3,978.91 will be assessed to each parcel of land listed on the attached Schedule A.
Motion made by Selectman Cook to approve and execute the Order for Betterment Assessments for the Greenwood Development. The betterment assessment for each parcel listed on Schedule A is $3,978.91.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Christmas Parade:
The Board of Selectmen opened the Public Hearing on the application for the 3rd Annual Mashpee Christmas Parade scheduled to take place on Saturday, December 13, 2008 at 6:00 p.m.
The Hearing notice was read aloud for informational purposes. Kevin Shackett and Margarete Maillho organizers of the event were in attendance. It was noted the parade route, approximately 1.2 miles is the same course as last year. The parade begins at SouthCape Village and concludes in Mashpee Commons at Market Street.
Chief of Police Rodney Collins indicated that he endorses the parade as outlined and will supervise the security for the event for public safety. Additional notice was filed with applicable regulatory agencies without objection.
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 Cook.
VOTE: Unanimous. 3-0.
Motion made by Selectman Taylor to approve the Special Events application for the 3rd Annual Mashpee Christmas Parade on Saturday, December 13, 2008.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Planning & Construction Recommendations:
RFP General Contract:
Planning & Construction Committee member Steve Cook was in attendance with Rick Pomroy, the Owner’s Project Manager to recommend to the Board of Selectmen, the general contractor for the construction of the Mashpee Library.
Upon evaluation of the eight bids received, it was the unanimous decision of the Planning & Construction Committee to recommend a contract be awarded to Bufftree Building Company, Inc. of New Bedford, MA, the low bid firm. The contract award includes Bid Alternates 1 and 2 in addition to the acceptance of the filed sub-bidders.
Bid Alternate #1 is for the cupola and Bid Alternate #2 is for the construction and installation of wood trellises on two sides of the building. With the acceptance of the alternates to improve the building’s appearance, the construction contingency for the project is approximately 10-12%, an estimated $650,000.
Motion made by Selectman Cook to award the general contract for the Mashpee Library to Bufftree Building Company, Inc., in the amount of $6,402,800 to include Alternates 1 and 2 as described.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
In response to the Request for Proposal for the Library Material Testing, three bids were received. The most advantageous and low bidder for the project is UTS of Massachusetts, Inc.
Motion made by Selectman Cook to award the bid for the Library Materials Testing & Inspection to UTS of Massachusetts, Inc. in the amount o $14,596.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Joint Meeting – Board of Water Commissioners/Sewer Commission/Finance Committee:
In response to the Sewer Commissions $470 million proposal to the Capital Improvement Program Committee for municipal sewer development, the Board of Selectmen held a workshop session with members of the Finance Committee, Sewer Commission and Board of Water District Commissioners for the purpose of strategizing plans for wastewater treatment options. Nathan Weeks of Stearns and Wheler, an environmental consulting firm was also in attendance.
The Town has been studying wastewater management options for many years as Mashpee lies within the watersheds of Popponesset Bay and Waquoit Bay. Both bays have shown significant signs of degradation attributable to excessive inputs of nitrogen. The Department of Environmental Protection has established nitrogen reduction targets for each sub-embayment that have been incorporated into nitrogen Total Maximum Daily Loads (TMDLs) which are enforceable by DEP and the USEPA.
In response to the nitrogen loading problem, the Town has been studying wastewater management options since 1999 when Town Meeting voted to develop a watershed nitrogen plan/effluent pipeline preliminary design study to determine the most cost effective and feasible alternatives.
The Sewer Commission indicated that at present, the five scenario approaches are being modeled by the Massachusetts Estuaries Project at UMass Dartmouth.
The Board of Selectmen and Finance Committee requested a copy of the five scenario’s under consideration in addition to obtaining an executive summary of the approaches to review the proposals in entirety. Although, it was disclosed that it is not known if the scenarios will solve the problem of removing 100% nitrogen from the estuaries.
It was noted that a potential sixth scenario to use the state-owned Massachusetts Military Reservation was recently deemed advantageous as a regional wastewater treatment approach by the Town of Falmouth. The benefits of using the MMR include sharing the costs with the four Upper Cape towns. To date, the Sewer Commission has not focused on this option.
Due to the magnitude of the estimated cost, there was urgent concern with respect to financial implications for the Town of Mashpee. Betterment fees, capital bond expenses and system development charges were considered as possible payment options. It was noted that 0% SRF loans are available to the Water District and also to the Town.
It was agreed the Town Manager would form a sub-committee to further review the financial aspects associated to this matter.
Discussion followed regarding the management and operation of future sewer facilities. Representatives from the Water District indicated they are open to possibly managing the facility, but are not convinced of this and suggested the Town review all cost options and what the citizens may be willing to expend for the construction and operation of such facilities. Correspondence was received from William Henchy, counsel for the Water District relative to steps necessary for the Water District to “take over” the duties and operations of the Town’s Sewer Commission if this were to occur. The Department of Public Works was also considered as a Town entity for wastewater management.
Recommendation from Board of Health – Fee Changes:
Board of Health Agent Glen Harrington presented an updated fee schedule to the Selectmen for approval. The updated fee schedule was presented to the Board in a memorandum dated September 16, 2008 and will be attached to the official minutes.
Mr. Harrington distributed a spreadsheet of Board of Health fees in comparable communities. The new fee schedule as proposed is in line with the similar Cape communities and will generate approximately $7,500 to $9,500 in additional revenue. It was disclosed the regulatory board administering the fee has the ability to waive a fee upon discretion.
Motion made by Selectman Taylor to approve the updated Board of Health Fee Schedule as dated September 16, 2008.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Recommendation from Conservation Commission – Regulation 5 Filing Fees:
Andrew McManus, Conservation Agent was in attendance to recommend the Board approve the revised fee structure proposed by the Conservation Department for administrative review, revised plans, certificate of compliance 2nd/3rd requests and the re-issuance of orders of conditions, certificates of compliance and extension permits. Also, there is a new fee structure for wetland delineation services, an addition of services.
The fee schedule comparable with neighboring communities was outlined in a memorandum to the Board dated October 21, 2008. The Conservation Commission voted unanimously to adopt the new fee schedule and addition of new services.
Motion made by Selectman Cook to accept the Conservation Commission New Fee Schedule and Addition of New Services.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
The fee schedule will be attached to the official meeting minutes.
Executive Session:
The Executive Session agenda topic has been deferred for a full voting quorum of the Board of Selectmen.
Adjournment:
Motion made by Selectman Cook to adjourn at 8:00 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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