AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 26, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, February 5, 2007 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Finally Dino’s (Cont’d from Feb 5, 2007)
6:50 Americorps - Molly Kitchell
7:00 Assistant DPW Director
- Recommendation for Bid Acceptance – Irrigation Well & Pump
- Recommendation for Bid Acceptance – Steel Storage Garage
- Recommendation for Acceptance – Transfer Station and Beach/Boat Ramp Permits
- Recommendation for New Library Design
7:10 Request of Southport Residents – Payamps Road
COMMUNICATIONS & CORRESPONDENCE
1) May Special & Annual Town Meeting Warrant (DRAFT)
OLD BUSINESS
1) Review and Execution of Lease – Cape Cod Free Clinic
NEW BUSINESS
1) Fire Chief – Permission to Apply for Firefighting Equipment Grant
2) Request of Mashpee Chamber of Commerce - One-Day License for Night of 100 Wines
3) Request of Mashpee Wampanoag Rod & Gun Club - One- Day License
4) Request of MEZ Realty, Inc. – Reduce Tax
5) Review and Acceptance of Mashpee Pond Boat Landing Regulations
6) Request for Approval – Pole Placement on Great Oak Road
7) Acceptance of Resignation – Affordable Housing Committee
8) Recommendation for Appointment – Affordable Housing Committee
9) FY2008 Budget
10) Request for Statement of Support for the Guard and Reserve
11) Letter of Retirement – Department of Public Works
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 26, 2007
Present: Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manage Joyce Mason
Assistant Town Manager Renè Read
Absent: Selectman Taylor
Meeting Called to Order by Vice-Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
Selectmen Cook requested a Moment of Silence to honor the memory of Rhiannon McCuish, a gifted and talented student who passed away on Saturday morning. Ms. McCuish graduated from Mashpee High School in 2004 and was a junior attending Boston University.
MINUTES:
Monday, February 5, 2007 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, February 5, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Hearing:
Deborah Dami, Town Clerk requested to discuss concerns regarding the Sticker Office after the agenda presentation from the Assistant DPW Director regarding Transfer Station and Beach/Boat Ramp Permits.
COMMUNICATION AND CORRESPONDENCE:
May Special and Annual Town Meeting Warrants (DRAFT)
FY08 Budget:
The Selectmen agreed to conduct a workshop session on Thursday,
March 1, 2007 to review the Annual and Special Town Meeting Warrants and Budget Recommendations for fiscal year 2008. The meeting will be held in the Selectmen’s Conference Room at 5:00 p.m.
COMMUNICATIONS AND CORRESPONDENCE:
Clarification regarding Reporting Error:
The Town Manager disclosed that a correction will appear in the Cape Cod Times regarding a reporting error printed last Saturday related to stress-related leaves from the Mashpee school system.
OLD BUSINESS:
Review and Execution of Lease – Cape Cod Free Clinic:
A lease agreement was presented to the Selectmen from Paula Schnepp, Executive Director of the Cape Cod Free Clinic and Community Health Center, a non-profit organization having its principal office at 40 Steeple Street, Mashpee. The Health Center is seeking to builds its own permanent home in Mashpee on 2+ acres of donated Town land. The center will serve the medical underserved in the four Upper Cape towns.
Motion made by Selectman Cahalane to approve and execute the
Lease Agreement between the Town of Mashpee and the Cape Cod Free Clinic & Community Health Center as written.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Fire Chief – Permission to Apply for Firefighting Equipment Grant:
George Baker, Fire Chief was in attendance to request the Board grant permission to apply for a 2007 Firefighting Equipment grant from the Massachusetts Executive Office of Public Safety.
The grant if attained would allow the department to purchase a mobile computer for the Fire & Rescue’s supervisor’s vehicle. The purchase is consistent with the Fire Department’s plan for mobile computing as submitted to the CIP Committee and supported by the Town’s IT Department.
It was disclosed, the grant was applied for last Friday as a result of the filing deadline and late-filed reinstatement of the grant by the new Governor. As a result, the Town Manager granted initial approval of the application, and it would have been retracted if the Selectmen were in disagreement. There are no matching funds required for this grant program. The funding request is $5,300.
Motion made by Selectman Cahalane to approve the Firefighting Equipment Grant as submitted.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Request of Mashpee Chamber of Commerce – One-Day License for Night of 100 Wines:
Heidi Trottier, Mashpee Chamber of Commerce was present to request the Selectman approve the Chamber’s one-day liquor license request for the annual Night of 100 Wines event on Saturday, June 2, 2007. This year, the event is scheduled to take place at the South Cape Village upper corner parking area entering from the Marshall’s building at the Route 28 entrance. There is no rain date for the event.
Motion made by Selectman Green to grant a One-Day Liquor License to the Mashpee Chamber of Commerce for the annual Night of 100 Wines on Saturday, June 2, 2007 at the South Cape Village as described.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Request of Mashpee Wampanoag Rod & Gun Club – One-Day License:
Correspondence was received from the Mashpee Wampanoag Rod & Gun Club dated February 13, 2007 requesting the Selectmen approve the liquor dates of March 3, and March 31, 2007 towards their annual liquor license allotment.
Motion made by Selectman Green to approve the request of the Mashpee Wampanoag Rod & Gun Club for a One-Day Liquor License on the dates of March 3, 2007 and March 31, 2007.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Request of MEZ Realty, Inc. – Reduce Tax:
Matthew Haney representing MEZ Realty was in attendance to request the Selectmen reduce the Lakeside Estates Use Tax from $12 per month to $6 per month to maintain affordability for the residents of Lakeside Estates in accordance with MGL, Chapter 140, Section 32G.
Correspondence was received from Glen Harrington Board of Health Agent dated February 26, 2007 regarding the referenced property. It was disclosed the property is in arrears of approximately three months back taxes, an estimated total of $3,312.
It was also noted the Department of Environmental Protection (DEP) Public Water Supply Division has issued a Unilateral Administrative Order due to a failure to provide a compliant water source. There is also a matter regarding septic system compliance.
The Selectmen directed the Assistant Town Manager review findings of fact and report to the Board at the regular Selectmen’s Meeting on Monday, March 5, 2007. The Health Agent would also be requested to review this matter with the full Board of Selectmen and applicant William Haney of MEZ Realty.
APPOINTMENTS AND HEARINGS:
Public Hearing – Finally Dino’s (cont’d from February 5, 2007):
The Board of Selectmen opened the Public Hearing continued from
February 5, 2007 on the annual liquor license renewal of Barnstable Pizza & Pasta Co., Inc. d/b/a Finally Dino’s, Constantinos Mitrokostas, Manager to show cause why the Board should not suspend, revoke or cancel the annual alcohol restaurant license renewal application.
The Hearing notice was read aloud in accordance with posting requirements. Mr. Mitrokostas at the last meeting indicated he would be out of the state on business and family related matters.
Correspondence was received from Mr. Mitrokostas dated February 19, 2007 advising the Selectmen that Environmental Fire Protection, Inc. has withdrawn from obligations to install the fire protection system in the referenced establishment. Mr. Mitrokostas respectfully requested the Selectmen continue the Hearing to allow him time to finalize a contract with a new fire protection firm.
Additional communication was received from Fire Chief George Baker dated February 21, 2007 regarding compliance with the Night Club Safety Act. It was disclosed, as of the date of February 7, 2007, Mr. Mitrokostas is in compliance. A full copy of the sprinkler plans and a permit application for the installation of fire sprinklers was received and accepted by the Fire Department.
Being no comment, the Board motioned to continue the Hearing.
Motion made by Selectman Cahalane to continue the annual liquor license renewal of Finally Dino’s, Constantinos Mitrokostas, Manager to Monday, April 9, 2007 at 6:40 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
AmeriCorps – Molly Kitchell:
Shane Jordon and other representatives from AmeriCorps were in attendance to discuss the AmeriCorps Cape Cod program with members of the Board of Selectmen and interested public.
AmeriCorps Cape Cod is a full-time residential service program dedicated to addressing the natural resource management and disaster preparedness/response needs of the Cape Cod community.
Each year, the program recruits twenty-six education and skilled members to participate in hands on projects with public, non-profit and community based organizations. There is no cost to the community for AmeriCorps Cape Cod services.
The AmeriCorps Cape Cod has worked extensively with Richard York of the Mashpee Shellfish Department in the nitrogen removing oyster project, with the cleaning of shellfish cages, and clearing of herring runs. AmeriCorps also assisted the Town to build pathways and trails.
The AmeriCorps Cape Cod program is now accepting proposals for group service projects for the 2006-2007 service year.
Assistant DPW Director:
Catherine Laurent, Assistant Director to the Department of Public Works was in attendance to discuss the following issues with the Board of Selectmen.
Recommendation for Bid Acceptance – Irrigation Well & Pump:
All Cape Well Drilling was the low bidder for the drilling of a new irrigation well and the installation of a pump, a project associated to the Phase I Heritage Park Expansion project.
Motion made by Selectman Cahalane to accept the bid from All Cape Well Drilling in the amount of $16,924 for the Phase I Heritage Park Expansion project as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Assistant DPW Director:
Morton Building of Morton, IL was the selected low bidder for the purchase and erection of a pre-engineered steel storage garage for the Heritage Park Expansion Project Phase I on Route 130, Mashpee.
Motion made by Selectman Myers to accept the bid from Morton Buildings, Inc. in the amount of $45,647 for a pre-engineered steel storage garage for Heritage Park as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Recommendation for Acceptance – Transfer Station and Beach/Boat Ramp Permits:
Catherine Laurent, Assistant Director of Public Works discussed the Transfer Station and Beach/Boat Ramp Permit Policy for the 2007/2008 season and proposed fee schedule with the Board of Selectmen. The Town Clerk and Director of Leisure Services were in attendance for discussion purposes.
Changes and fee increases proposed include the incorporation of the beach permit/sticker and the boat ramp permit into one permit and proposing fee increases for the 1st household transfer station permit, the beach/boat ramp permit and weekly beach pass. A postcard is also proposed as a courtesy to property owners and residents who have mailed incomplete permit applications in an effort to improve initiatives related to customer service.
The proposals were outlined in a memorandum addressed to the Selectmen dated February 20, 2007. For the upcoming season, it was agreed the rates would remain the consistent and the beach permits and boat ramp permits would continue to be separate, individual permits.
It was noted the Town is continuing its review of the reclassification and compensation study and this matter would be contained in reported findings. Additional considerations to improve customer service include the use of credit cards, and the formation of a centralized cashier’s office.
Motion made by Selectman Cahalane to have no change to the Beach Permit, the Boat Ramp Permit and Transfer Station Permit for the 2007/2008 Permit Season. A report regarding this matter is requested by the date of September 1, 2007.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Discussion followed regarding the Policy for the Purchase and Use of Permits/Passes for the Mashpee Transfer Station and Mashpee Beaches/Boat Ramps. Minor amendments were reflected and underlined in the memorandum dated February 20, 2007.
The reminder notice for permit applications that are deemed incomplete was also considered. It was agreed that an email address would be included on the Town of Mashpee Permit Application as an additional method to correspond to residents and property owners.
Motion made by Selectman Myers to accept the revisions as outlined in the Policy for the Purchase and Use of Permits/Passes for the Mashpee Transfer Station and Mashpee Beaches/Boat Ramps to include an email address on the permit application. And, to accept the new Mashpee Permit Application Notification Card for incomplete applications as identified.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Assistant DPW Director:
Recommendation for New Library Design:
Catherine Laurent and members of the Planning & Construction Committee met before the Board to recommend the authorization of a $2,000,000 bond to supplement a $3,500,000 previously approved bond authorization for the design and construction of a new public library. The appropriation of $2,000,000 would be contingent upon approval of a debt exclusion question on the May 2007 general election ballot.
Members of the Library Board of Trustees, the Town Librarian and interested public were also in attendance.
Planning & Construction Committee member Sheldon Gilbert indicated the additional funding would allow the Town to move forward with one of two options.
The first recommended option would allow for the design and construction of a 20,880 square foot library, the 5% allowable reduction of the “grant” building. This option is contingent upon the Town receiving the Massachusetts Public Library Construction Program grant. A decision on the grant application is forthcoming for fiscal year 2008, expected in July or August of 2007. The construction period for this building is approximately sixteen months.
In the event the grant is not attained in the summer of 2007, the additional option is to design and construct a one-story, 14,655 square foot library facility. This alternative building would be funded entirely by the Town using the existing $3.5 million appropriation and the additional $2 million from the anticipated bond. The construction period for option two is roughly twelve months.
The committee presented floor plans of the two building scenario’s.
The Selectmen agreed to move forward with option one or two by the date of September 1, 2007.
With reference to the article for the $2,000,000 appropriation, it was noted the Selectmen are conducting a workshop session on Thursday, March 1, 2007 to review the ballot questions, the articles for the May 2007 Town Meeting warrant and the related budget for fiscal year 2008.
Motion made by Selectman Cahalane to adopt the recommendation of the Planning & Construction Committee as reported in the memorandum of February 20, 2007 to the Board of Selectmen, and impose a deadline of September 1, 2007 to move forward with option one or two for the new Library facility.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Request of Southport Residents – Payamps Road:
Southport resident Lloyd Allen was in attendance on behalf of the Southport Homeowners to request permission to use a right-of-way on Town owned land. Ronald Bonvie, the Southport developer was also present for discussion purposes.
Southport has proposed to improve the Payamps Road and dirt path, a historic public way to John’s Pond. This would allow the Southport residents and general public an opportunity to walk to John’s Pond to enjoy the view, the beaches or walk the wooded area. The area of discussion is presently difficult to traverse.
The developer has proposed to improve the site conditions for the pathway and construct a 5’ wide staircase to the pond. As a result of the deep slope, the steps would not be handicap accessible. However, there would be view points along the path that would be handicap accessible. There is no cost to the Town for the project as outlined in the memorandum of January 17, 2007.
Motion made by Selectman Green to approve the request of the Southport Homeowners to make improvements to Payamps Road as presented, with the stipulation the advocates go before the Town’s applicable regulatory boards for approval.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Request and Acceptance of Mashpee Pond Boat Landing Regulations:
The Board of Selectmen reviewed the Mashpee Pond Boat Landing Regulations.
Mashpee Wakeby Lake Management Committee member Barbara Nichols requested the Selectmen give input to item #8 prohibiting the washing and flushing of motors or other equipment. Additional questions arose regarding item #16 during the other months, organized events shall be limited to 36 boats/trailers as it contradicts item #19 a maximum of 2 organized events per year may exceed the above limits (not during July and August).
It was noted there is parking for 44 spaces at the Mashpee Pond facility.
Motion made by Selectman Myers to adopt the Mashpee Pond Board Landing Regulations with questions to be attached to the State regarding Item #8, if a fine could be imposed for regulation purposes, and of Item #16 as it contradicts Item #19.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Request for Approval – Pole Placement on Great Oak Road:
A Pole Hearing was held to review an NSTAR application to locate (1) new pole on Great Oak Road to provide electrical service to a proposed residential development on Quinn’s Way.
Correspondence was received by the Assistant Town Manager dated February 8, 2007 recommending approval requiring the Department of Public Works and Water Department be notified at least 48 hours in advance prior to the commencement of the intended project.
Motion made by Selectman Green to approve NSTAR Electric Plan No. 103488 to locate (1) new pole (218/45.5) on Great Oak Road.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Acceptance of Resignation – Affordable Housing Committee:
The Selectmen were in receipt of a letter of resignation dated January 16, 2007 from Julius Rosales from the Affordable Housing Committee.
Motion made by Selectman Cahalane to accept with regret, the resignation of Julius Rosales from the Affordable Housing Committee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Affordable Housing Committee:
A letter of interest to serve on the Affordable Housing Committee (AHC) was received from Deb’orah Battles requesting consideration for appointment. Ms. Battles was a previous member of the AHC and was recommended for appointment by the Affordable Housing Committee.
Motion made by Selectman Myers to appoint Deb’orah Battles to the Affordable Housing Committee for a term to expire; June 30, 2007.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
FY2008 Budget:
The budget review is re-scheduled to: Thursday, March 1, 2007 @ 5:00 p.m. at the Mashpee Town Hall.
Request for Statement of Support for the Guard and Reserve:
Correspondence was received from the Massachusetts Employer Support of the Guard and Reserve dated February 6, 2007 requesting the Selectmen’s affirmation of the Statement of Support. The form is a simple re-affirmation that the Town of Mashpee follows all Federal/State guidelines for employing and re-employing Town personnel who are members of the National Guard & Reserve.
Motion made by Selectman Myers to support the Statement of Support for the Guard and Reserve as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Letter of Retirement – Department of Public Works:
The Selectmen were in receipt of a notice of retirement from Leigh Potter dated February 2, 2007 effective March 30, 2007 from the position of skilled laborer for the Mashpee Department of Public Works.
Motion made by Selectman Cahalane to accept the notice of retirement from Leigh Potter effective March 30, 2007.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
BLUE RIBBON COMMITTEE UPDATE:
In accordance to schedule, the BRCC is expected to disband at the end of March. A final report and recommendation is anticipated to be presented to the Selectmen regarding the accomplishments and directives of the committee. It was suggested that an ongoing group such as a selectmen’s advisory council or chairman’s council would be formed to continue and foster communications on a monthly basis. A decision from the Planning Board is also expected regarding the proposed DCPC.
Adjournment:
Motion made by Selectman Green to adjourn at 8:15 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters. The Board will not
re-convene in open session.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, absent Selectman Cook, yes
Selectman Cahalane, yes Selectman Myers, yes
Selectman Green, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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