AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 9, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, June 4, 2007 Regular and Executive Sessions
Monday, June 18, 2007 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Mashpee Permanent Firefighters Association – Road Race
6:50 Planning & Construction Committee – Fire Substation
7:00 Margo Fenn – Cape Cod Commission
7:15 Mashpee Water District
7:30 Waterways Commission – Dredging/Water Quality Update
COMMUNICATIONS & CORRESPONDENCE
1) Potential Articles
OLD BUSINESS
1) Proposed Legislation Involving MGL Ch. 40B
NEW BUSINESS
1) Police Chief – Speed Limit Zones within New Seabury
2) Town Clerk – Parking on Mashpee Neck Road
3) Conservation Land Donation
4) Letter of Resignation – Herring Warden
5) Request for Approval of Year-End Transfers
6) Recommendation for Appointment – EDIC
7) Tax Taking Discussion
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
1) Membership
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 9, 2007
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, June 4, 2007 Regular and Executive Sessions:
The minutes were approved at the last meeting. For the record, it was disclosed Selectman Myers voted in opposition to the following; Public Hearing (cont’d) Jade Restaurant. Motion made by Selectman Green to approve the application of Jipang, Inc. d/b/a Paper Moon, Michael S. Dubin, Manager for a transfer of the Annual All Alcohol Restaurant License from Jade Restaurant, Inc., Kamtong Tam, Manager. Motion seconded by Selectman Taylor. VOTE: 3-1. Motion carries. Selectman Cook absent for vote, Selectman Myers opposed.
Monday, June 18, 2007 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, June 18, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Edward Larkin, Kettle Lane brought up the subject of May Town Meeting petition article, #21 relative to a proposed amendment to the Mashpee Home Rule Charter. Mr. Larkin indicated the article was overwhelmingly approved by the voters and does not conflict with any law or the constitution of the Commonwealth. It was noted the intent of the article is to coordinate the elections of the Town and Water District. Mr. Larkin voiced objection if the article were to be rescinded at the upcoming October Town Meeting.
Mashpee Permanent Firefighters Association – Road Race:
Correspondence was received from the Mashpee Permanent Firefighter’s Association dated June 8, 2007 regarding a proposal to sponsor a road race to benefit their scholarship and wellness programs. The applicant requested the agenda topic be deferred until further notice.
Planning & Construction Committee – Fire Substation:
Members of the Planning & Construction Committee were in attendance to present to the Selectmen, schematic drawings and a site plan of the South Mashpee Fire Substation. Richard Pomroy the project manager and Deborah Durland the project architect were also present to discuss the project proposal for the substation to be located at 101 Red Brook Road. Fire Chief George Baker was also in attendance.
It was disclosed the fast track project presently falls within budget at a site location selected for adequate fire and rescue response time. Upon approval of the schematic design, construction documents are anticipated to be prepared in mid September and placed out to bid in early October. The construction project is anticipated to last six months with occupancy in June or July of 2008.
The design of the intended facility is familiar in style to the main fire station headquarters. The colors have been retained to continue the fire station identity in the Town of Mashpee. Six full time firefighters per shift will be employed at the new substation.
Peter Michaelson, Jr. was present on behalf of the Michaelson Family Trust to discuss his family concerns regarding the present design. Issues addressed related to lighting from the parking area and the noise from the engine exhaust systems. In response, Chief Baker indicated he would advocate for the engine exhaust to exit through the front of the building in a muffled type of system in an effort to be less disruptive to the neighbors. Additional landscape and fencing was also a consideration to lessen the engine noise and to buffer the lighting from the rear parking area.
It was agreed the Assistant Town Manager would serve as a liaison to the area residents to address their concerns.
Motion made by Selectman Cahalane to approve the site placement and design schematic as presented for the new Mashpee Fire Substation.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – EDIC:
Correspondence was received from Robert Walsh dated June 13, 2007 requesting to serve on the Economic Development & Industrial Commission.
Motion made by Selectman Cahalane to appoint Robert Walsh to the Economic Development & Industrial Commission (EDIC).
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Margo Fenn – Cape Cod Commission:
Margo Fenn of the Cape Cod Commission gave an overview to the Selectmen relative to the Response to the 21st Century Task Force Report. The overview includes better coordination and communication with towns, move emphasis on planning and technical services to towns and a more transparent, predictable regulatory process.
Specific initiatives include Cape-wide land use mapping, a regional housing needs study and the update of the Regional Policy Plan.
Next steps consider regular reports to the County Commissioners and Assembly of Delegates, meetings with towns, chambers and other interested groups, drafting of proposed changes, updates in the Commission Reporter and on the website, public hearings on changes in regulations and the Regional Policy Plan and the adoption of County ordinances to implement changes.
Mashpee Water District:
William Henchy, Water District Counsel met before the Board of Selectmen with Water District Commission Chairman Kenneth Marsters to discuss matters pertaining to a petition article passed at the May Town Meeting.
It was noted the Selectmen, at their June 18th meeting agreed to form a sub committee consisting of Selectman Wayne Taylor, the Town Manager Joyce Mason and Town Counsel Patrick Costello to meet with Mr. Marsters, Mr. Henchy and Andrew Marks, the manager of the Water District. A meeting was held last week with the above representation including bond counsel Richard Manley who was present on behalf of the Town of Mashpee and Water District.
Concerns were addressed regarding the incorporation of the Mashpee Water District into the Town’s Home Rule Charter as it pertains to the Water District’s financial integrity and its’ general subsistence of existence and other unintentional negative consequences that may effect the Town of Mashpee.
It was disclosed the Water District voted on this date to request special legislation to change its election date to coordinate with the Town. If legislation were approved, it would fulfill the intent of the May Town Meeting vote to coordinate the two elections.
Discussion followed regarding the use of the same bond counsel. It was agreed that an independent interpretation of this matter would be obtained from separate bond counsel.
The Selectmen were in agreement to consider this matter at the next scheduled meeting on Monday, July 23, 2007. At this time the Board would have an opinion from separate bond counsel and the draft of legislation filed by the Water District. An opinion from representing counsels was also requested prior to the meeting as to why the Board should consider action to rescind Article #21. If action were considered by the Board of Selectmen for the October Town Meeting warrant, it would also be contingent upon the voters to agree to revoke the previous May 2007 Town Meeting decision.
Recess: 7:50 p.m. Meeting Resumed: 7:54 p.m.
NEW BUSINESS:
Town Clerk – Parking on Mashpee Neck Road:
Deborah Dami, Town Clerk presented a proposal to the Selectmen regarding vehicle signage that would allow five to six homes in an area requiring boat ramp permits parking access in the front of their respective homes. The matter was considered by the Board.
Motion made by Selectman Cahalane to issue (1) residential boat ramp sticker to the five to six homes , a total of (1) sticker per household for the 2007 season.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
It was agreed the boat ramp sticker policy would be strictly enforced. The matter would be a topic of review in September with applicable sticker issues.
COMMUNICATIONS AND CORRESPONDENCE:
Potential Articles:
An article for the October 2007 Annual Town Meeting of particular note would authorize the Selectmen to transfer title to three parcels at 67 Fox Hill Road, 19 Lakewood Drive and 38 & 44 Timberlane Drive, previously taken for non-payment of taxes, to persons or agencies that would construct affordable homes or apartments, and to place a permanent deed restriction prohibiting construction on five additional parcels as part of a Nitrogen Aggregation Plan under MA Department of Environmental Protection (DEP) regulations to permit the construction of three bedroom homes on three buildable parcels.
July 9, 2007, the second Monday in July is the declared deadline for articles to be placed on the October Town Meeting warrant. It was noted that three petition articles were submitted to the Town Manager’s Office prior to the deadline. One article would allow elected officials to amend the Home Rule Charter; the second petition article would remove the School Department from the Capital Improvement Program (CIP) for vehicles. It is a town-wide requirement for all new vehicle leases and purchases to go before the CIP.
The third article, a petition article would secure $279,000 in Chapter 70 state aid to the Mashpee public schools. The lead petitioner of the article was noted to be the Mashpee School Committee Chairman. The Selectmen expressed dismay with regards to the petition article since the Town had previously committed to using the funds if additional Chapter 70 aid was obtained. Chapter 70 aid is a program created to assist the schools. Funds are sent directly to the Town for disbursement. Discussion followed regarding the Medicaid reimbursement and its potential to affect the Town’s budget and other projected revenues that have not been certified.
NEW BUSINESS:
Police Chief – Speed Limit Zones within New Seabury:
Rodney Collins, Chief of Police was in attendance to discuss his memorandum of June 25, 2007 relative to speed limit zones on several streets within New Seabury.
Speed limit recommendations were recommended for the following private roads; Rock Landing, Wading Place, Greensward Road, Shore Drive, Shore Drive West, Troon Way and Walton Heath Way.
Motion made by Selectman Taylor to approve the recommendations as set forth in the Police Chief’s memorandum of June 25, 2007 for Speed Limit Zones within New Seabury.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Waterways Commission – Dredging/Water Quality Update:
Prior to discussion of the dredging and water quality, the Board of Selectmen respectfully presented James Hanks a plaque, an official citation of the Town of Mashpee for his dedicated service to the Town of Mashpee.
Mr. Hanks discussed four modeling scenario’s that access the impact of dredged material disposal alternatives in the Mashpee River. It was noted that six modeling scenario’s have been budgeted. To date, there is no significant scenario that would lead to significant improvement in water quality, although no scenario significantly degrades water quality. Dredging does not improve water quality. The valid reason to dredge the river is to improve navigation.
Mr. Hanks suggested the Town investigate the two remaining modeling scenario’s presently under contract with SMAST. Of particular note is a scenario to open the inlet to a wider configuration or to reduce the size of the flood tide delta inside the bay to promote better flushing. It was noted the Town of Barnstable may be interested in widening the channel to attempt to reduce erosion on their shore. The Selectmen were in agreement to continue the modeling investigation under its present appropriation.
OLD BUSINESS:
Proposed Legislation Involving MGL Ch. 40B:
Correspondence was received from Town Counsel dated June 28, 2007 regarding proposed legislation involving unfriendly 40B projects. It was noted the Selectmen requested an opinion from Town Counsel in response to a letter from the Town of Walpole on their efforts to suspend and reform 40B. The Board of Selectmen took the matter under advisement. There was no action.
NEW BUSINESS:
Conservation Land Donation:
The Town Planner remitted correspondence to the Selectmen in a memorandum dated July 2, 2007 relative to a deed for 9.53 acres of open space recently accepted by the Conservation Commission.
The land was set aside as part of a cluster subdivision, and is being deeded to the Town under the terms of the state and local zoning requirements applicable to cluster subdivisions, pursuant to enforcement notice by the Building Inspector.
The Selectmen agreed to defer action for additional clarification. The matter will be placed on the Selectmen’s agenda of July 23, 2007.
Letter of Resignation – Herring Warden:
Perry Ellis submitted his resignation as Herring Warden in a letter dated June 15, 2007, effective June 30, 2007.
Motion made by Selectman Green to accept the resignation of Perry Ellis as Herring Warden effective June 30, 2007.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was determined the Herring Warden position would be considered as part of the duties of the new Conservation Agent.
Request for Approval – Year-End Transfers:
Correspondence was received from the Town Manager dated June 27, 2007 regarding a shortfall in three accounts. In accordance with MGL, Chapter 44 Section 33B, the Selectmen were requested to approve the following transfers;
$3,647 from the Assessor’s Salary Account to
the Selectmen’s Salary Account
$2.00 from the Assessor’s Salary Account to
the Board of Appeal’s Salary Account
$5,000 from the Police Dispatch Salary Account to
the Police Salary Account.
It was noted the Finance Committee has approved of the recommended year-end transfers.
Motion made by Selectman Cahalane to approve the above referenced Year-End Transfers as disclosed.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Tax Taking Discussion:
At the request of the Town Manager, the Planning Department has undertaken a review of the lands currently owned by the Town that were, or appear to have been, acquired through tax takings, have not already been dedicated to some Town use, and may be available for sale.
The data, title status and recommended disposition of said lands were presented to the Selectmen in detailed form by the Town Planner.
It was agreed the Town Planner would be requested to further review this matter with the Board of Selectmen at their August 6th meeting.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Membership:
Several letters of interest and recommended appointments were presented to the Selectmen for appointment to the Environmental Oversight Committee. Recommendations to date have not been received from the Shellfish Commission and School Department.
The Selectmen agreed to defer the matter to the August 6, 2007 agenda.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:48 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters.
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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