AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 19, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, October 29, 2007 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Finally Dino’s – Hearing cont’d from September 24, 2007
6:50 DPW Director
Route 130 Bikepath Update
Snow & Ice Salt Bids
Streetlight Committee Recommendation – 2 New Lights
7:00 Public Hearing – Cape & Islands Limousine, Inc.
Application for One Additional Livery Service Vehicle
7:10 Assistant DPW Director
Recycling Campaign
Recommendation for Bid Acceptance – 6-Wheel Dump Truck
Recommendation of Bid Acceptance - Trash Collection
Recommendation for Bid Acceptance – Rental of Portable Toilets
Change Order Nos. 1 and 2 – Irrigation System for Athletic Fields
Request to Extend Intermunicipal Agreement for Upper Cape Transfer Station
COMMUNICATIONS & CORRESPONDENCE
1) Memorandum for Planning Department re: Historic District Commission Members
2) Correspondence from Mashpee Americans with Disabilities Act Committee
OLD BUSINESS
NEW BUSINESS
1) Recommendation for Appointment – EDIC
2) Recommendation for Appointment – Affirmative Action Committee
3) Acceptance of Resignation – Zoning Board of Appeals – Alternate Member
4) Ratification of Administrator’s Union Contract (Assistant Department Heads)
5) Verizon Request to Relocate One Utility Pole – Monomoscoy Road
LIAISON REPORTS
1) Affordable Housing Discussion
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 19, 2007
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, October 29, 2007 Regular and Executive Sessions:
Motion made by Selectman Myers to approve the Regular and
Executive Session minutes of Monday, October 29, 2007 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Taylor absent for vote.
APPOINTMENTS AND HEARINGS:
Public Comment:
Edward Larkin, Kettle Lane indicated that he would be obtaining at no cost to the Town, a legal analysis from specialized attorneys regarding a vote taken by the Town under Article 21 of the warrant at its May 2007 Town Meeting. The actions taken by the Town under Article 21 seek to make a series of changes in the governance structure of the Mashpee Water District. Mr. Larkin requested the Selectmen’s endorsement of such a report.
In response, the Selectmen did not take action, but made note that any and all pertinent information would be reviewed regarding this matter.
In other business, William Martiros, Cranberry Avenue expressed concern with respect to the health of John’s and Ashumet Ponds. It was noted the newly formed Environmental Oversight Committee (EOC) is taking an active stance with respect to water quality. Grant initiatives are being sought to assist with this endeavor.
Selectman Taylor present: 6:38 p.m.
COMMUNICATIONS AND CORRESPONDENCE:
Memorandum for Planning Department re: Historic District Commission Member:
Correspondence was received from the Town Planner dated November 13, 2007 relative to the appointment of Historic District Commission members. With the creation of a Mashpee Historic District in October, appointment is necessary to form a seven member commission. The Commission should include the following representation,
Historical Commission, Boston Society of Architects, a Property Owner within the District, a representative from the Mashpee Wampanoag Indian Tribal Council, Planning Board and two additional members who may be from the above groups or at-large. The Selectmen may also appoint up to three alternate members.
The Selectmen agreed to move forward with the posting to seek interested individuals to serve on the Historic District Commission.
Correspondence from the Mashpee Americans with Disabilities Act Committee:
A letter of appreciation from the Mashpee Americans with Disabilities Act Committee dated November 9, 2007 recognized Kathleen Moore, Administrative Assistant to the Town Manager for her extraordinary efforts to ensure disabled citizens are able to participate equally and comfortable in Town Meetings.
The Selectmen expressed appreciation to the responsibilities and acts of Ms. Moore towards disabled citizens and requested the letter of reference be placed in her permanent employment file.
APPOINTMENTS AND HEARINGS:
Finally Dino’s – Hearing cont’d from September 24, 2007:
The Board of Selectmen opened the Public Hearing continued on the annual liquor license renewal of Barnstable Pizza & Pasta Co., d/b/a Finally Dino’s, Constantinos Mitrokostas, Manager regarding the matter of compliance as it relates to the Massachusetts Fire Safety Act requiring automated sprinkler systems by the date of November 15, 2007.
Mr. Mitrokostas was in attendance to discuss the issue of fire safety compliance with members of the Board of Selectmen.
Fire Chief George Baker was also present. It was disclosed the system as required by the Fire Safety Act of 2004 is deemed 100% complete. An extension has been granted to the subject establishment in accord with the statutory extension provisions for the completion of the fire alarm issues on back-order with a deadline of November 27, 2007.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
DPW Director:
Greg Taylor, Director of Public Works discussed the following issues with the Board of Selectmen;
Route 130 Bikepath Update:
Mr. Taylor updated the Selectmen on the extension of the bikeway/sidewalk along Route 130 at Heritage Park to Pickerel Cove Road. The sum of $355,000 is requested to fund the balance of the construction which is a beneficial linkage to Heritage Park for many residents. The project will extend the existing sidewalk 4,200 feet.
To date, the Town of Mashpee has expended $60,000 for the initial design. Traffic mitigation funds in the amount of $170,000 are available to be used towards construction costs associated to the new sidewalk.
Peter Thomas, Bass Cove Circle spoke on behalf of the residents of Pickerel Cove in support and urged the project as it is proposed to move forward. Mr. Thomas indicated the residents at the north end of Town have waited several years for the sidewalk. Safety concerns were expressed for the children traversing to the Heritage Park recreational facility.
It was noted the project is before the Community Preservation Committee (CPC) for funding consideration. Financial constraints of the CPC budget were acknowledged. The use of Capital Improvement Program (CIP) funds and/or utilizing a combination of CPC & CIP funding contributions was also considered. The Selectmen deemed the project a priority in concern for neighborhood safety.
Mr. Taylor was directed to move forward to obtain the necessary signatures from the area property owners regarding the easements to be taken by the Town for the sidewalk layout.
Snow & Ice Salt Bids:
Mr. Taylor recommended the Board approve the low bids for salt and ice ban as disclosed in his memorandum to the Board dated November 13, 2007.
Motion made by Selectman Cahalane to approve the bid from Eastern Minerals for salt @ $66.50 per ton and Safer Road Services LLC for ice ban @ $.89 per gallon.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Street Light Committee Recommendation – 2 New Lights:
The Selectmen were requested to approve the addition of two safety related street lights at the following locations;
Redbrook Road, Utility Pole 33/125 near the new Fire Substation
Pimlico Pond Road, Utility Pole 36/18 on the downhill curve
The installation cost of each light is approximately $800.
Motion made by Selectman Cahalane to approve the installation of (2) street lights as suggested
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Verizon Request to Relocate One Utility Pole – Monomoscoy Road:
Correspondence was received from René Read, Assistant Town Manager dated November 14, 2007 relative to the relocation of (1) utility pole on Monomoscoy road for the purpose of correcting a prior situation involving an existing pole, and if approved would provide power to #2 Bayshore Drive via an underground conduit. Greg Taylor, Director of Public Works has no objection to the application as presented.
Motion made by Selectman Cahalane to allow the relocation of (1) new pole 127/49 on Monomoscoy Road.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – EDIC:
Mary LeClair was the recommended candidate for appointment to the EDIC Board as an at-large member. Ms. LeClair currently serves as a Barnstable County Commissioner.
Motion made by Selectman Cahalane to appoint Mary LeClair to the EDIC.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Public Hearing – Cape & Islands Limousine, Inc. Application for One Additional Livery Service Vehicle:
The Board of Selectmen opened the Public Hearing on the application of Cape and Islands Limousine, Inc., Donald J. MacEachern for (1) additional vehicle for Limousine Service.
The Hearing notice was read aloud in accordance with posting procedures. Mr. MacEachern was in attendance to discuss the license application with members of the Board of Selectmen.
It was disclosed the limousine/livery service proposes to add a second vehicle to the current license granted by the Town of Mashpee. The applicant indicated although his mailing address is located in Cotuit, an agent for the business, Scott Thibodeau resides on Briar Patch Lane, Mashpee.
All necessary paperwork was in order for the Selectmen’s approval. The second vehicle is a 2008 GMC passenger van. Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to grant (1) additional vehicle to the current limousine license of Donald J. MacEachern, Cape and Islands Limousine.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Assistant DPW Director:
Catherine Laurent, Assistant Director of Public Works was in attendance to discuss the following agenda items with the Board of Selectmen;
Recycling Campaign:
As a result of a decrease in recycling, Catherine Laurent recommended the Selectmen consider a pay-as-you-throw (PAYT) program to encourage and compel residents to recycle. In the PAYT initiative, households must pay for each bag of trash being disposed. Recycling is provided at no charge.
The direct cost to a household is based on the amount of trash generated rather than an annual flat fee for disposal of an unlimited amount of trash.
It was noted the Town of Mashpee charges $70 for a transfer station permit. Many of the surrounding towns charge $100 or more for a permit.
The Department of Environmental Protection calculates the recycling rates for the Town. In 2006, the recycling rate in Mashpee was 24%. This is a 2% decrease from the 2005 calculated rate.
It was noted there is a decrease in part because of the 8% increase in solid waste collected by private haulers at residential and commercial locations. The Board of Health is now requiring commercial haulers to offer recycling. The Board of Health is also requiring the haulers to calculate the amount of recycling collected.
Educational initiatives were considered. Ms. Laurent indicated she is working with the School Department to educate students and continues to mail the recycling brochure to residents on an annual basis. Information relative to recycling is also located on the Town’s web page. An on-site campaign at the transfer station was considered to promote awareness.
Due to budgetary constraints, curbside collection is deemed too costly to initiate at this time.
Ms. Laurent recommended the Selectmen consider a $100 fee for the average household. For an example, a household disposing of two 30 gallon trash bags per week at a cost of $.75 per bag that includes a $25 permit fee would equate to a fee of $103 per year. The mandatory recycling of newspapers was also considered.
As a result of the increase projected in trash disposal fees, the Selectmen agreed to further review the pay-as-you-throw initiative on January 28, 2008. At this time, the Selectmen will also review sticker and permit fees.
Recommendation for Bid Acceptance – 6-Wheel Dump Truck:
Ms. Laurent recommended the Board award the contract for the 6-Wheel Dump Truck to Liberty Chevrolet, the low bidder for the vehicle. The bid price is $121,390. The sum of $65,000 in FY08, approved at the May 2007 Annual Town Meeting and $56,390 in FY09.
Motion made by Selectman Cahalane to accept the bid from Liberty Chevrolet for the 6-Wheel Dump Truck with Multi-Purpose Body and Plow as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Recommendation of Bid Acceptance – Trash Collection:
The DPW recommends a contract be awarded to Allied Waste for Trash Collection for 2008 as follows; 4-Yard Dumpster $21.00 per week, 6-Yard Dumpster $31.50 per week and 8-Yard Dumpster $42.00 per week.
Motion made by Selectman Myers to award the Trash Collection bid to Allied Waste Services for FY08 as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Rental of Portable Toilets:
For fiscal year 2008, the DPW recommends a contract be awarded to Bouse House for the rental of portable toilets. The fees are disclosed in the recommendation submitted by Ms. Laurent in her memorandum to the Selectmen dated November 6, 2007.
Motion made by Selectman Myers to award the contract for the rental of portable toilets to Bouse House for FY08 as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Change Order Nos. 1 and 2 – Irrigation System for Athletic Fields:
The Selectmen reviewed the Heritage Park expansion project change orders related to the irrigation system for the athletic fields. It was noted the change orders were reviewed and approved by the Community Preservation Committee.
Change Order #1 is $55,250 is increased by $10,000 to reflect a change order contract price of $62,250. Change Order #2 $55,250 is increased by $2,500 to reflect a change order contract price of $67,500. The reason for the change orders to Briggs Landscape Construction is for additional work as allowed within budget.
Motion made by Selectman Myers to approve Change Order #1 and Change Order #2 relative to the Heritage Park Irrigation System dated October 29, 2007 and October 31, 2007.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request to Extend Intermunicipal Agreement for Upper Cape Transfer Station:
The Board of Managers for the Upper Cape Regional Transfer Station is recommending that a six-month extension of the original agreement be approved by each of the four member towns. The six-month extension through June 30, 2008 will allow Sandwich and Falmouth to receive the necessary authorizations and would allow the Board of Managers to finalize the new Intermunicipal Agreement prior to the expiration of the extension.
Motion made by Selectman Green to grant a six-month extension to the Intermunicipal Agreement for the Upper Cape Transfer Station.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – Affirmative Action Committee:
Correspondence was received from the Affirmative Action Committee dated November 2, 2007 recommending the appointment of Karen Murphy.
Motion made by Selectman Cahalane to appoint Karen Murphy to the Affirmative Action Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Zoning Board of Appeals – Alternate Member:
The Selectmen were in receipt of a letter of resignation from Martin Gordon dated October 2007 from the Zoning Board of Appeals.
Motion made by Selectman Cahalane to accept with regrets, the resignation of Martin Gordon from the Zoning Board of Appeals.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Ratification of Administrator’s Union Contract (Assistant Department Heads):
The Board of Selectmen reviewed the Summary of Agreement between the Town of Mashpee and MA Laborers’ District Council, Laborers’ International Union of North America, Unit A. The Agreement is intended to amend the Agreement between the parties expiring June 30, 2007, for the period July 1, 2007 through June 30, 2010.
Motion made by Selectman Cahalane to ratify the Administrator’s Union Contract Unit A, Assistant Department Heads as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
LIAISION REPORTS:
Affordable Housing Discussion:
The Affordable Housing Committee has expressed an interest in establishing the Mashpee Affordable Housing Trust to improve upon affordable housing in Mashpee and to generate interest in volunteerism.
The Selectmen agreed to nominate the trust at the next meeting. It was noted the Affordable Housing Trust was created by the May 2006 Town Meeting. The full membership of the Board of Selectmen is included in the make-up of the nine member trust.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
It was noted the EOC at their last meeting, met with Andrew McManus, the Town’s Conservation Agent to discuss the use of volunteer groups to assist in maintaining conservation lands and to update on actions relative to the Storm Water Report generated by Charles Rowley. Other discussions considered mitigation options for the K6 berm failure on the Quashnet River and Quashnet bogs.
Adjournment:
Motion made by Selectman Green to adjourn at 7:45 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing a litigation update and contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cahalane.
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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