AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 6, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Friday, July 13, 2007 Executive Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Town Meeting Warrant Review with Finance Committee
7:30 Sullivan Rogers & Company – Audit Exit Interview
COMMUNICATIONS & CORRESPONDENCE
1) Joint Appointment with School Committee
OLD BUSINESS
NEW BUSINESS
1) Community Energy Challenge - EPA
2) Adoption of Policy No. 055 – Department Head/ Assistant Department Head Availability
3) Certification and Confirmation of Appointment – Conservation Agent
4) Affordable Housing Trust Update
5) Review and Execution of Order of Taking – Wintergreen Road
6) Review and Approval of Street Betterment Abatement
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 6, 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:
Friday, July 13, 2007 Executive Session:
Motion made by Selectman Taylor to approve the Executive Session
minutes of Friday, July 13, 2007 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Selectman Cahalane, Selectman Green abstained.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS AND CORRESPONDENCE:
Joint Appointment – School Committee:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was announced the School Committee would be conducting interviews
for appointment to the School Committee as a result of the resignation of Rebecca Romkey. Two members of the Board of Selectmen will attend the School Committee’s meeting of August 26th to hear the interviews.
Motion made by Selectman Cahalane to place the joint appointment with the Board of Selectmen and School Committee on the Selectmen’s agenda of Monday, September 10. 2007.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Mashpee Community Concert Committee – Night at the Pops:
The Selectmen expressed appreciation to the Mashpee Community Concert Committee for another incredible evening with the Cape Cod Symphony orchestra and eventful fireworks display.
Fox 25 Zip Trip:
The Fox 25 morning news program recently held a “zip trip” to the Town of Mashpee that was well received by the community.
Mashpee Women’s Soccer Team:
The Mashpee Women’s Soccer team won its first title in the Cape Cod Women’s Soccer League. Two members of the team play Mashpee High School soccer. The team will be invited to attend the Selectmen’s Meeting of August 20th for recognition.
NEW BUSINESS:
Community Energy Challenge – EPA:
The Selectmen reviewed correspondence from the Environmental Protection Agency (EPA) relative to the EPA New England’s Community Energy Challenge which promotes energy efficiency and renewable energy in New England cities and towns. Catherine Laurent has offered to take on the project once adopted by the Board of Selectmen. In order to take the energy challenge a community must make a commitment to improve energy efficiency, assess the energy performance of all municipal buildings, and set a goal to reduce energy use by 10% or more.
Motion made by Selectman Taylor to accept and adopt the EPA New England’s Community Energy Challenge as outlined.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was agreed Ms. Laurent would be requested to consult Brad Tripp of the Mashpee School Department regarding his experiences with energy reduction. Mr. Tripp recently received an award for achieving a 20% energy reduction in the Mashpee public schools.
NEW BUSINESS:
Adoption of Policy No. 055 – Department Head/Assistant Department Head Availability:
Policy No. 055: Department Head/Assistant Department Head Availability was presented to the Selectmen for adoption. It shall be the policy of the Board of Selectmen to have either the Department Head or Assistant Department Head available to the public at all times. All departments without Assistant Department Heads are required to have at least one senior staff member on duty at the Department Head’s time of leave. Special consideration shall be given on a case by case basis.
Fire Chief Baker was in attendance to address this concern with the Board of Selectmen.
Motion made by Selectman Green to adopt Policy No. 055 Department Head/Assistant Department Heard Availability for insertion into the Town’s Policy booklet.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Town Meeting Warrant Review with Finance Committee:
Several members of the Finance Committee were in attendance for the purpose of discussing articles contained in the October Town Meeting Warrant. There was no action taken by the Finance Committee. The Board of Selectmen is expected to finalize the warrant on Monday, September 10, 2007.
The Selectmen acted upon the following articles as contained in Draft #1, dated August 2, 2007.
Article (3) To fund (6) firefighter positions – Fire & Rescue Department to start January 1, 2008 to assist with staffing
at the South Mashpee Fire Station.
The new substation is projected to open in September of 2008. Grant funding was not attained to fund the six firefighter positions. Chief Baker explained that it is necessary to fund the positions early for entrance into the Fire Academy for training purposes. A discussion followed which included recommendations to reconsider two positions in May during the regular budget process in an effort to plan and phase intended staffing needs for the new substation.
Motion made by Selectman Taylor to remove the Town Meeting Warrant Article relative to the funding of (6) firefighter positions, and give consideration for a May Town Meeting Warrant Article.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The articles following pertain to recommendations of the Community Preservation Committee (CPC). The Board requested that an explanation be included in the articles regarding the entity who has submitted the CPA funding request. A slot is being held by the Board for the Mashpee Village recapitalization project. The CPC is expected to deliberate on this matter at their meeting of August 14, 2007. Additional CPC articles for the October warrant include the funding of administrative expenses and required funding; 10% to be set aside for reserves in the respective categories: historic, open space and affordable housing.
The Town Clerk was in attendance to review several Town Meeting Warrant Articles with the Board of Selectmen. Article (12) would accept the provisions of MGL, Chapter 268, Section 35: Unauthorized use of the Town Seal. The Town would have the ability to punish violators if the Town Seal were inappropriately used. It was agreed the explanation would detail the General Laws of Massachusetts as referenced.
Included on the Warrant was an article re-submitted by the Town Clerk pertaining to the tracking of yard sales. If approved, the Selectmen would set the fee schedule which would allow the Office of the Town Clerk to curtail frequent offenders. It was noted that additional language was incorporated into the agreement that was obtained from comparable communities.
The Town Planner was present to review several zoning articles contained in the draft October Warrant. Article (16) relative to amending the definition of “Personal Kennel” was reviewed. The petitioner; David Harsch agreed to amend his article to read: aged 3 months opposed to 6 months to maintain continuity with the Planning Board’s article.
Article (18) To amend the Sign Regulations. After discussion, it was agreed the Planning Department would submit the whole text of the Sign Zoning By-law as a new article for the October Warrant.
Article (19) relative to the creation of a Historic District Commission was reviewed. It was noted a hearing was held on June 7, 2007 and is depicted on the Town’s web site. The Selectmen requested information regarding projected funding needs that include secretarial support, legal assistance and enforcement. It was noted the Historic District Study Committee has compiled design guidelines that would be adopted by the Historic District Commission upon Town Meeting approval. It was disclosed a consultant employed through grant funding assisted the committee in the development of historic design guidelines. It was noted the exterior paint option was excluded on residential property contained within the boundaries of the district. The Old Indian Meetinghouse and
the One Room School House are presently not contained in the district boundaries, but are noted to be listed in the National Register of Historic Places.
Article (20) & Article (21) – Submitted by Conservation Commission; Land purchases that do not qualify for Self Help grant funding.
Motion made by Selectman Cahalane to delete the Conservation Commission articles pertaining to approximately four acres adjacent to the Mashpee River and the Lopez Property of the Mashpee River Woodlands Conservation Area on Meetinghouse Road and the 1.09 acre parcel on Meetinghouse Road adjacent to existing conservation land owned by the Massachusetts Division of Fisheries & Wildlife on the Mashpee River.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article (22) is related to Land-Based Wind Energy Conversion Facilities. The Town currently has no specific zoning regulations permitting, prohibiting or regulating wind power facilities. Safety was deemed a concern of the Board of Selectmen.
The remaining articles on the warrant are petition articles.
Article (24) To appropriate $279,000 in Chapter 70 funds to the School Department for utilities. School Committee vice-chair Ralph Marcelli was in attendance to discuss the referenced petition article with members of the Board of Selectmen. An in-depth discussion ensued regarding Chapter 70 and the intended use of said funds. Communication was deemed a key to alleviate this type of re-occurrence.
Motion made by Selectman Myers to support a Town Meeting Article to allocate Chapter 70 funds in the amount of $279,000 to the School District budget contingent upon the petitioners removing their petition article by the September 10, 2007 Selectmen’s Meeting.
Motion seconded by Selectman Cahalane.
VOTE: 4-1. Motion carries.
Selectman Green in opposition.
Petition Article (25) To remove “and School” from the Capital Improvement Program (CIP) budget. Petitioner Ann Mell explained the amendment would allow the School Department to buy necessary vehicles(s) to transport special needs students to and from their IEP (Individual Education Plan) stated schools.
The article as proposed would remove all CIP from the School. The Selectmen questioned the need to exclude the Schools from the CIP process. The CIP has a five year plan in place that budgets capital projects for all Town Departments in an efficient and cost effective manner.
At minimum, the Selectmen requested the explanation be all encompassing and that the School Department’s vehicle needs for IEP be addressed on a case by case basis.
The following petition articles pertaining to kennel licenses were explained by David Harsch. It was disclosed there are Zoning and Board of Health issues in conflict with the referenced petition articles. If the articles were approved, the bylaw would supersede the regulation of the Board of Health. It was agreed that input would be obtained from the Planning Board and Board of Health with respect to this regard.
The last petition article on the warrant was submitted by lead petitioner John Denaro. The petition article proposes the following: part-time elected officials who receive a salary or a stipend shall not be eligible for participation in the Town’s contributory health and life insurance plan, except those part-time officials who were elected prior to July 2007 and currently participate in said plan shall be eligible to continue to so participate until the end of their current term. Mr. Denaro explained the article if passed would result in an estimated $56,500 savings.
Upon discussion, it was agreed the Selectmen would request an opinion from Town Counsel with respect to this article.
APPOINTMENTS AND HEARINGS:
Sullivan Rogers & Company – Audit Exit Interview:
Representatives from Sullivan Rogers & Company were in attendance to discuss the audit exit interview for fiscal year 2006 with the Board of Selectmen. The financial statement, management letter and report of federal rewards programs were reviewed in detail. The auditor indicated that he would attempt to disclose the audit exit for fiscal year 2007 in a more timely fashion. It was noted that infrastructure reporting would be included in the FY07 statements. Objectives for fiscal year 2008 include risk assessment and monitoring to reduce the risk of fraud and the completion of the standardized policies and procedures manual.
NEW BUSINESS:
Certification and Confirmation of Appointment – Conservation Agent:
The above referenced topic was deferred to the next meeting.
Affordable Housing Trust Update:
Correspondence was received from the Town Manager dated July 31, 2007 recommending the Board vote to establish the Board of Trustees for the Mashpee Affordable Housing Trust, approved at the May 2007 Town Meeting. The makeup includes the five Selectmen members, a member of the EDIC, Finance Committee, Housing Authority and Affordable Housing Authority.
The referenced committees would be requested to recommend candidates for membership to said Trust. The matter will be placed on a future Selectmen’s agenda for appointment.
Review and Execution of Order of Taking – Wintergreen Road:
The Selectmen reviewed the Order of Taking for Wintergreen Road, a layout accepted by a vote of Town Meeting in May of 2007.
Motion made by Selectman Cahalane to approve and execute the Order of Taking for Wintergreen Road.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Review and Approval of Street Betterment Abatement:
The Selectmen reviewed an application for abatement of a street betterment on property identified as 51 Redwood Circle. The property has been deemed un-buildable by the Building Inspector. The Water District has abated the water betterment.
Motion made by Selectman Cahalane to approve the balance currently remaining on the property identified as 51 Redwood Circle and shown on the Assessor’s records of the Town.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 9:18 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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