AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 26, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Thursday, March 1, 2007 Regular Session
Monday, March 5, 2007 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Presentation of Awards – Annual Town Report Artwork Contest
Public Comment
6:40 Public Hearing – Seasonal Liquor License Renewals
Seasonal Population
6:50 Otis Civilian Advisory Council President Jimmy G. Dishner, B/Gen (ret) USAF
7:00 Joint Meeting with Finance Committee
- Review and Execution of Special and Annual Town Meeting Warrants
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) MEZ Realty, Inc.
NEW BUSINESS
1) Town Clerk – Ballot Questions
2) Request for Reappointment – Board of Registrars
3) Acceptance of Resignation – Affordable Housing Committee
4) Recommendation for Appointment – Cape Cod Municipal Health Group Alternate
5) Review & Execution of Release Deed – Mashpee Commons
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 26, 2007
Present: Selectman Taylor, Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager Renè Read
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Thursday, March 1, 1007 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
Minutes of Thursday, March 1, 2007 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Selectman Taylor abstained, Selectman Green absent for vote.
Monday, March 5, 2007 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, March 5, 2007 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Selectman Taylor abstained, Selectman Green absent for vote.
APPOINTMENTS AND HEARINGS:
Presentation of Awards – Annual Town Report Artwork Contest:
Thirteen students chosen for artwork for the Annual Town Report received
recognition from the Board of Selectmen in a special presentation of awards ceremony. Each student received a medal and a certificate of appreciation. Amelia Richard, an eleventh grader was the gold medal winner for artwork chosen for the cover of the annual report.
The additional students recognized were Leah Cicalis, Sierra Costa, Tess MacDonald, Amanda McEnroe, Samantha Norris, Kylie Moses, Catelyn Sculos, Samuel McGuire, Kenny Peters, Kara Collins, Jackie Kane and McKenzie Thomas.
APPOINTMENTS AND HEARINGS:
Public Comment:
Richard York, Mashpee Shellfish Constable was in attendance to re-affirm the shellfish in Waquoit Bay are completely safe to consume. A recent report from the Woods Hole Oceanographic Institution (WHOI) monitoring the bay disclosed that groundwater is a significant source of mercury. Primary indicators of mercury pollution deriving from precipitation include coal burning power plants, fossil and diesel fuels.
Mr. York indicated that Mussell Watch, a NOAH funded program uses mussel’s as an indicator of pollution. Based on the monitoring of mussels results, mercury does not pose a threat to Waquoit Bay.
Public Hearing – Seasonal Liquor License Renewals: Seasonal Population:
Selectman Cook stepped down for the above referenced Hearing.
The Board of Selectmen acting as the Licensing Authority 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 with posting requirements.
The following liquor license holders have applied for renewal;
Seasonal Package Store License – All Alcohol:
Morning Glories Food, Inc. d/b/a Country Store at Popponesset
Seasonal Restaurant All Alcohol:
Azzaro Mashpee, Inc. d/b/a Cooke’s
Raw Bar, Incorporated
LNRR Corporation Marketplace Café d/b/a Bob’s Seafood Café
There are no violations presently with the Building and Fire Departments. Certificates of Inspection are current. All taxes have been paid to date, and all liquor license holders have submitted proof of Workers’ Compensation Insurance in accordance to State mandates.
Being no public 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. 4-0.
Selectman Cook absent.
Motion made by Selectman Cahalane to approve the renewal of the following Town of Mashpee Seasonal Liquor Licenses;
Morning Glories Food, Inc. d/b/a Country Store at Popponesset
Azzaro Mashpee, Inc. d/b/a Cooke’s
Raw Bar, Incorporated
LNRR Corporation Marketplace Café d/b/a Bob’s Seafood Café
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Seasonal Population:
Correspondence was received from the Town Planner dated February 6, 2007 relative to the estimated seasonal population for submission to the Alcoholic Beverages Control Commission (ABCC). For the summer of 2007, the estimate is 30,684 persons. Calculations of data were submitted as an attachment to the referenced memorandum.
Motion made by Selectman Cahalane to adopt the Town of Mashpee Seasonal Population of 30,684 as of July 10, 2007.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
For informational purposes, the Selectmen requested to review more recent data other than studies done for CCPEDC in 1982 and utilized in the 1985 APCC report “Options for Cape Cod’s Future”.
APPOINTMENTS AND HEARINGS:
Otis Civilian Advisory Council President Jimmy G. Dishner, B/Gen (ret) USAF:
Jimmy Dishner, Otis Civilian Advisory Council (OCAC) President was in attendance to reinforce the availability of the council to provide assistance to the Town of Mashpee and other Cape towns surrounding the military base on common issues such as the clean-up process and dissemination of information. Mr. Dishner expressed appreciation to Mashpee for its continued support.
COMMUNICATION AND CORRESPONDENCE:
Cape Cod Free Clinic:
The Board of Selectmen was invited to attend the ground-breaking ceremony for the Cape Cod Free Clinic on Tuesday, April 3rd at 2:00 p.m.
OLD BUSINESS:
MEZ Realty, Inc.:
The Assistant Town Manager updated the Board regarding MEZ Realty and their request to reduce the Lakeside Estates Use Tax from $12 per month to $6 per month to maintain affordability for the residents of Lakeside Estates. Upon review of this matter, it was disclosed there has been ongoing issues regarding non-compliance as it relates a Unilateral Administrative Order from the DEP Public Water Supply Division for failure to provide water service with a minimum residual water pressure.
Mr. Read updated the Selectmen on the matter of non-compliance as referenced in his memorandum to the Board dated March 20, 2007. It was disclosed the Use Tax is currently being paid for by the tenants directly and not MEZ Realty, the property owner.
Motion made by Selectman Cook to turn-down the application of MEZ Realty, Inc. to reduce the Lakeside Estates Use Tax fees.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request for Reappointment – Board of Registrars:
Correspondence was received from James Vaccaro dated March 2, 2007
requesting to be re-appointed to the Board of Registrars. Mr. Vaccaro represents the Republicans of the Town of Mashpee. His three-year term will expire on March 31, 2007. Additional communication was received from the Town Clerk dated March 5, 2007 recommending his re-appointment.
Motion made by Selectman Cook to re-appoint James Vaccaro to the Board of Registrars for a term to expire March 31, 2010.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Affordable Housing Committee:
The Board of Selectmen was in receipt of a resignation dated March 13, 2007 from John Paone, Jr. from the Affordable Housing Committee.
Motion made by Selectman Myers to accept with deep regrets, the resignation of John Paone, Jr. from the Affordable Housing Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Review & Execution of Release Deed – Mashpee Commons:
Correspondence was received from Town Counsel dated March 21, 2007 regarding the Mashpee Commons Boundary Confirmation Documents. Execution of the Release Deed to form was authorized by Town Counsel, Patrick Costello.
Motion made by Selectman Cahalane to approve and execute the Release Deed and Mashpee Commons Boundary Confirmation Documents as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Town Clerk – Ballot Questions:
Deborah Dami, Town Clerk was present to discuss the May 12, 2007 Ballot Questions with members of the Board of Selectmen. A memorandum dated March 20, 2007 with the proposed questions was prepared by the Town Clerk for the Selectmen’s review and approval.
Motion made by Selectman Cook to approve for the May Election Ballot, Question #1 – Library Bond as presented in the memorandum as No. 2 which includes the bond amount of $2,000,000.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMPREHENSIVE COMMITTEE:
The final report of the Blue Ribbon Comprehensive Committee (BRCC) was respectfully submitted to the Board of Selectmen. In addition to the Executive Summary, the following information was contained in the report;
1) Memo recommending and outlining a post-BRCC Advisory
Council to advise the Board of Selectmen.
2) A chart outlining the status of Blue Ribbon recommendations
and actions to the Board of Selectmen.
3) A summary of the actions contained in Item #16 of the original
DCPC form and the results to address these actions.
The Selectmen are scheduled to review the BRCC Report on April 9, 2007.
Motion made by Selectman Cahalane to recess at 7:02 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Meeting Resumed: 7:10 p.m.
APPOINTMENTS AND HEARINGS:
Joint Meeting with Finance Committee:
Review and Execution of Special and Annual Town Meeting Warrants:
The Board of Selectmen met jointly with members of the Finance
Committee for the purpose of reviewing the Special and Annual Town Meeting Warrants for the May 2007 Town Meeting. Articles placed on hold by the respective boards were reviewed.
Special Town Meeting Warrant:
Articles 10, 11, 12, 13, 14 – Community Preservation Articles
Article 10: Breezy Acres Expansion – Phase I
Article 11: Mills Family Lands
Article 12: Heritage Park Expansion – Phase II
Article 13: Quashnet School Tennis Court Reconstruction
Article 14: Administrative and Operating Expenses Fund
The Selectmen discussed the charge of the Community Preservation Committee as it relates to the above referenced articles on the Special Town Meeting Warrant. Since funding is readily available, the articles have been placed on the Special Warrant for direct appropriation. It was noted that funds derive from a community preservation surcharge of 3% assessed on real estate taxes. Notification recently received from the State has indicated that Mashpee will receive a 100% matching fund distribution in fiscal year 2008.
It was agreed that funding through the Community Preservation Act allows towns to complete capital projects that may not have a chance to be funded through the normal budget process. The projects as presented also tie into the Selectmen’s strategic planning goals to preserve the quality of life in the Town of Mashpee.
With regards to Article #11: Mills Family Lands, it was agreed the wording relative to the Orenda Wildlife Trust would be replaced with Conservation Commission. Town Counsel will be consulted with respect to the appropriate wording for this article.
The Finance Committee voted unanimously to remove the holds on Community Preservation Articles #10, #11, #12, #13, and #14.
Special Town Meeting Warrant:
Article #9: Police FY07 Capital Account
The article will fund year two of a two-year lease for one police cruiser $19,136 which was accidentally omitted from the police capital budget request.
Motion made by Selectman Cahalane to support Article #9 for the Police FY07 Capital Account as referenced.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to approve and execute the Special Town Meeting Warrant of May 7, 2007 as amended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Annual Town Meeting Warrant:
Omnibus Budget – Line Item 22: Town Clerk Salary: $56,142
The Town Manager recommended the Town Clerk salary and related salary schedule for the Board’s adoption.
Town Manager Recommendation: Step 3: $56,142
Finance Committee Recommendation: Step 3: $56,142
Motion made by Selectman Cook to approve the Town Clerk’s Salary
$56,142 as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to adopt the Town Clerk Salary schedule as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Omnibus Budget: Line Item 48 Herring Warden: $0
Town Manager Recommendation: $0
Finance Committee Recommendation: $0
The sum of $1200 was removed from the Herring Warden salary.
It was noted the Herring Warden title will remain without salary compensation. There was no action to change the recommendation.
School Budget:
Correspondence was received from the School Committee Chair dated
March 21, 2007 relative to agreed upon school budget recommendations. It was agreed the Town Manager would increase the budget recommendation by $98,562, made possible by a confirmed decrease in the Cape Cod Technical High School assessment, and the School Committee would reduce their budget request to $19,948,652. It was also agreed the two articles submitted by petition requesting an additional $771,000 for the School budget would be removed or be indefinitely postponed. To date, the petition articles have not been removed from the warrant. Also, if the Town should receive additional Chapter 70 aid for fiscal year 2008, the Town would agree to work with the School Committee to transfer funds at the October Town Meeting.
The Finance Committee has not taken a vote on the recommended School budget. An in-depth discussion ensued regarding the School budget and related contract matters. It was noted the School budget includes a contract figure as the contract was ratified by the School Committee this past week. Members of the Finance Committee recommended that contract figures be placed as a separate line item. Discussion continued.
The Finance Committee voted to support of the School budget of $19,948,652. The vote was 3-3 and did not carry. It was agreed the joint meeting would recess to allow the Finance Committee to deliberate upon this matter.
Motion made by Selectman Cahalane to recess at 8:08 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Meeting re-convened: 8:55 p.m.
The Finance Committee voted again on the matter of the School budget for fiscal year 2008. The vote was unanimous to support the Town
Manager’s budget recommendation of $19,948,652.
The FY08 Omnibus Budget as presented was agreed upon unanimously by members of the Board of Selectmen and Finance Committee.
Article #4: Cape Cod Tech Assessment: $443,077
Finance Committee in unanimous support of Cape Cod Tech Assessment.
Article #10: Board of Assessors to Restore the Stipend
The Board of Selectmen does not take a position on this article.
Article #12: Indemnification of Retired Police Officers and Firefighters
Motion made by Selectman Green to remove Article #12 from the Annual Town Meeting Warrant.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Petition Articles #27, #28, #29: To amend bylaws, Definition of “Kennel”
Article #27: Kennel, one pack or collection of dogs on single premises.
Motion made by Selectman Cahalane to endorse Article #27.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
The petitioner will be requested to amend the fees on Town Meeting floor. The fees shall be set by the Board of Selectmen
Petition Articles: #28, #29 Kennel License Regulations
Motion made by Selectman Cahalane to endorse Petition Articles
#28 & #29 relative to Kennel License Regulations.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
The Finance Committee expressed unanimous support for Petition Articles #27, #28, & #29.
Article #30: No person owning or having the care, custody or control of any dog shall allow said dog on any Town Beach from May 15 to September 15 without the written authorization of the Town Manager or official in control of said Beach.
Motion made by Selectman Cahalane to take no position on Petition Article #30.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Finance Committee agreed to be consistent with Article #14; No dogs shall be permitted at Heritage Park, and not recommend approval of Article #30. The vote was unanimous.
Motion made by Selectman Myers to unanimously support all articles on the May 2007 Annual Town Meeting Warrant with the exception of Article #10 and Article #30 whereby the Board does not take a position, Article #12 which was removed from the warrant, and Petition Articles #25 & #26 to appropriate funds to the School, the Board of Selectmen does not recommend Articles #25 & #26 if they are not removed by the petitioner from the warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Green to approve and execute the Annual Town Meeting Warrant of Monday, May 7, 2007.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Town Clerk – Ballot Questions:
The Selectmen continued their review of the Ballot Questions proposed
for the May 12, 2007 election ballot.
As previously agreed upon, Question #1 shall contain the wording as reflected in item No. 2 to include the $2,000,000 bond figure.
Question #2: Override to fund the School Department budget
Motion made by Selectman Cahalane to remove the School Department override question from the May election ballot.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Question #3: Charter Amendment – Unanimously supported.
Question #3 now becomes Question #2 on the May election ballot.
Adjournment:
Motion made by Selectman Green to adjourn at 9:18 p.m.
The Board will enter into Executive Session for the purpose of discussing contract strategy. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes 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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