AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 17, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Friday, November 16, 2007 Executive Session
Monday, December 3, 2007 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
2nd Annual Christmas Parade Awards
COMMUNICATIONS & CORRESPONDENCE
1) Correspondence – Wastewater Collaborative
2) Cape Cod Regional Transit Authority Update
OLD BUSINESS
NEW BUSINESS
1) Change Order #1 – Great Neck Road South Sidewalk Extension
2) Recommendation for General Contractor – Fire Station #2
3) Recommendation for Owner’s Project Manager – Mashpee Library
4) Application to Change Manager – Marketplace Café
5) Request of Finally Dino’s – Request to Extend Hours on New Years Eve
6) Request of Mashpee Housing Authority – Breezy Acres PILOT Program
7) Review of Conservation Land Donation
8) Recommendation for Appointment – Board of Health
9) Recommendation for Appointment – ADA Committee
10) Recommendation for Appointment – Community Preservation Committee and Mashpee Historic District Commission
11) Recommendation for Approval - Pole Hearing
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 17, 2007
Present: Selectman Cook, Selectman Cahalane,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Myers
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Friday, November 16, 2007 – Executive Session:
The above referenced minutes were deferred for quorum purposes.
Monday, December 3, 2007 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, December 3, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
2nd Annual Christmas Parade Awards:
Christmas Parade organizers Kevin Shackett and Margarete Maillho were
in attendance to express appreciation to the Board of Selectmen, Town Manager and those who endorsed the 2nd Annual Mashpee Christmas Parade held on December 8, 2007 at 6:00 p.m. In addition to having an evening parade, judging elements were added. The judging panel selected the following winners for this year;
1st place: Century 21 – Jamie Regan
2nd place: Nauset Marine – Joe Read
3rd place: Our Savior Lutheran Church – Reverend Bessette
A separate plaque is intended to be displayed at the Town Hall to commemorate the first place winner each year. This year, the citizens of the Town of Mashpee were awarded first place for 2006. The sponsors for the Christmas parade were included in the memorandum addressed to the Board of Selectmen dated December 17, 2007.
The Selectmen in appreciation agreed the parade was a wonderful activity for the community. Next year, the parade is anticipated to be held on Saturday, December 13, 2008 at 6:00 p.m.
COMMUNICATIONS AND CORRESPONDENCE:
Correspondence – Wastewater Collaborative:
Andrew Gottlieb, Cape Cod Water Protection Collaborative remitted communication to the Selectmen dated December 13, 2007 requesting the Selectmen support legislation S2379 relative to targeting financial support to assist communities to implement projects intended to reduce nutrient impacts on surface and drinking water. The bill addresses the unintended growth impacts of sewering by requiring communities to develop growth neutral policies as a part of the process of obtaining the enhanced financial assistance.
Motion made by Selectman Cahalane to remit correspondence in support of legislation S2379.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Change Order #1 – Great Neck Road South Sidewalk Extension:
Change Order #1 in the amount of $4,406.55 was presented to the Selectmen for approval. The change order, relative to the Great Neck Road South sidewalk extension would support an overrun of 62 linear feet. of cedar fence and additional police detail support.
The above referenced change order was deferred to obtain a more definitive cost analysis.
Recommendation for General Contract – Fire Station #2:
Planning & Construction Committee Chair Steve Cook was in attendance to recommend the Selectmen award the general contract for the Mashpee Fire substation to Barbato Construction of Middleboro in the amount of $1,412,474. The bid represents both bid alternates 1 and 2 in addition to the acceptance of the filed sub-bidders. The firm has excellent references and the bid is lower than anticipated.
It was noted that bid alternate #1 is for veneer plaster in lieu of taped joints on the walls, and alternate #2 is for an increase in the size of the emergency generator.
Motion made by Selectman Cahalane to accept the bid from Barbato Construction in the amount of $1,412,474 for the Mashpee Fire Substation as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Recommendation for Owner’s Project Manager – Mashpee Library:
At their meeting of December 4, 2007, the Planning & Construction Committee voted to recommend the Town enter into contract negotiations with RF Walsh of Boston to serve as the Owner’s Project Manager for the Mashpee Library.
Of the seven bids received, the subcommittee of the project interviewed the four responding firms. RF Walsh has over 25 years of municipal project management experience and specifically with the construction of libraries and the construction of “green” buildings.
Motion made by Selectman Cahalane to authorize the Town Manager to enter into negotiations with the firm of RF Walsh of Boston for the Mashpee Library Owner’s Project Manager.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Application to Change Manager – Marketplace Café:
Attorney Mark Gildea was present on behalf of the Marketplace Café to discuss the seasonal all alcoholic liquor license renewal for LNRR Corp for a change of manager from Kim Alarie to Caitlin M. Fraser.
Motion made by Selectman Cahalane to approve the Change of Manager of the Marketplace Café to Caitlin M. Fraser.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Request of Finally Dino’s – Request to Extend Hours on New Years Eve:
Constantinos Mitrokostas was present to request the Selectmen approve a closing extension of Finally Dino’s/Dino’s Sports Bar on New Year’s Eve to 2:00 a.m. for the purpose of presenting a relaxed atmosphere for his regular patrons. Mr. Mitrokostas indicated the closure was approved by the Selectmen a few years ago without incident.
Discussion followed regarding the possible extension for other Section 12 liquor license holders in the Town of Mashpee.
Motion made by Selectman Cahalane to approve the request of Finally Dino’s/Dino’s Sports Bar to allow the extension of hours on New Year’s Eve until 2:00 a.m. There shall be no pouring after 1:00 a.m. And, the offer of a 2:00 a.m. closure shall be extended to other Section 12 liquor license holders in the Town of Mashpee. Establishments wishing to take advantage of this option shall be required to submit a letter of intent to the Board of Selectmen for public record and ample notification to the Police Department.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Request of Mashpee Housing Authority – Breezy Acres PILOT Program:
Leila Botsford, Executive Director of the Mashpee Housing Authority
remitted communication to the Selectmen and Town Manager dated November 20, 2007 relative to the housing authority entering into an agreement with the Town for Payment in Lieu of Taxes (PILOT) for state funded housing for the Breezy Acres affordable housing development located on Old Barnstable Road in Mashpee.
When a local housing authority applies to the Department of Housing and Community Development (DHCD) for a grant to develop state-funded special needs housing, it is a grant requirement to present the application to the chief executive officer of its city or town. The housing authority would make PILOT payments since its property is exempt from taxation under Chapter 121B.
It was noted the Community Preservation Committee has contributed CPA funding to the Mashpee Housing Authority for the Breezy Acres affordable housing expansion program.
The Board of Selectmen was encouraged to provide a letter of support for the state-funded grant application. The proposed expansion would provide two two-bedroom units for family housing and five single room occupancy (SRO) to people with special needs. The Board of Assessors was also requested to execute the agreement. Jason Streebel, Assessor indicated the Board of Assessors is meeting on December 19th to review this matter. He indicated he does not anticipate any issues with the PILOT program application.
Motion made by Selectman Cahalane to approve and authorize the Town Manager to execute the application to DHCD to acknowledge the Town of Mashpee would receive a Payment in Lieu of Taxes (PILOT) for state-funded housing developed through the DHCD grant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Review of Conservation Land Donation:
Correspondence was received from the Town Planner and Conservation Agent dated December 7, 2007 relative to an offer of two small parcels of land as an addition to the Santuit River Conservation area to facilitate its management and to allow for the protection of wetland species. The parcels offered by Mrs. Margaret Peck are 3000 square feet each and located in a paper subdivision north of Quinaquisset Avenue within numerous lots acquired by the Town. The total annual property tax for each parcel in FY07 was $25.36.
Motion made by Selectman Taylor to accept the land donation as shown on Assessors’ Map 70 as Blocks 80 and 175.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
It was agreed the Board would review an inventory of lands with the Conservation Commission as a future agenda topic of discussion.
Recommendation for Appointment – Board of Health:
Jocelyn McCree a previous candidate for the Board of Health appointment submitted an interest in the current vacancy. It was noted that Ms. McCree, with extensive background skills ranging from program management to health research was interviewed by the Selectmen in June for the then vacant position.
Motion made by Selectman Green to appoint Jocelyn McCree to the Mashpee Board of Health
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Selectman Cahalane abstained.
The Selectmen, at their June meeting also interviewed another highly qualified candidate, Mr. Burton Kaplan. The Board requested the Town reach out to Mr. Kaplan to seek his interest in other existing vacancies.
Recommendation for Appointment – ADA Committee:
The Selectmen were requested to fill the vacancy on the ADA Committee created by the resignation of Ira Brown, the School Business Manager.
Motion made by Selectman Taylor to appoint Patricia Lugo, the School Business Manager to the ADA Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Community Preservation Committee and Mashpee Historic District Commission:
Correspondence was received from Lee Gurney; Chair of the Historical Commission dated December 3, 2007 relative to the appointment of a representative to the Community Preservation Committee.
The referenced appointment was deferred at this time. It was noted that a resignation has not been received from the active Community Preservation Committee (CPC) member, and the vote of the Historic Commission regarding the new appointment has not been received by the CPC to date.
Lee Gurney was the recommended candidate for appointment to the newly formed Historic District Commission. Ms. Gurney has extensive experience in historic preservation and has been a member of the Historic District Study Commission.
Motion made by Selectman Cahalane to appoint Lee Gurney to the Mashpee Historic District Commission.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Recommendation for Approval – Pole Hearing:
Verizon petition No.07-029 for the installation of (3) new utility poles along Noisy Hole Road was presented to the Selectmen for approval. A memorandum from the Assistant Town Manager dated December 13, 2007 regarding the public hearing process was presented to the Selectmen for additional review. It was disclosed there was no objection to the application as presented by Verizon.
Motion made by Selectman Taylor to approve Verizon petition No. 07-029 for the installation of (3) new utility poles along Noisy Hole Road as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
COMMUNICATIONS AND CORRESPONDENCE:
Cape Cod Regional Transit Authority Update:
The Cape Cod Regional Transit Authority (CCRTA) is expected to meet on Wednesday to discuss reductions that would affect a broad range of operations. As a result of the shortfall in state aide, the Flex route bus service is at risk. It was noted there has been discussions that the public transit Flex route to Provincetown may be suspended. To appropriate money, additional funds may be requested from member towns. The merits and costs of the Flex route were briefly discussed by the Board.
Motion made by Selectman Cahalane to use the judgment of the Town Manager regarding the CCRTA and Flex route public transit.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:05 p.m.
The Board will enter into Executive Session for the purpose of discussing personnel matters. The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Myers, absent Selectman Green, yes
Selectman Taylor, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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