AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 13, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, February 27, 2006 Regular & Executive Sessions
Tuesday, March 7, 2006 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Capital Improvement Committee
6:50 Assistant Director – Department of Public Works
Recommended Amendments for Permits/Passes for Transfer Station & Beaches
7:00 DPW Director
Norm Hayes – South Cape Beach
Request to Deficit Spend - Snow & Ice Budget
Streetlight Committee – Recommendations
7:10 Special Permit Application – Mashpee Chamber of Commerce – Night of 100 Wines
COMMUNICATIONS & CORRESPONDENCE
1) Mark J. Despotopulos – Main Street Village
2) Mashpee Housing Authority – Affordable Housing
OLD BUSINESS
1) Armenian Church of Cape Cod – Vigil at Community Park
2) Lakewood Avenue Petition and Plan
3) Special and Annual Town Meeting Warrant Review – Draft 2
NEW BUSINESS
1) Review & Execution of Affordable Housing Restriction – Habitat for Humanity
2) Recommendation for Reappointment – Board of Registrar
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 13, 2006
Present: Selectman Green, Selectman Taylor, Selectman Myers,
Selectman Cahalane, Selectman Cook
Town Manager Joyce Mason
Meeting Called to Order by Chairman Green at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, February 27, 2006 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, February 27, 2006 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
Tuesday, March 7, 2006 Regular Session:
Motion made by Selectman Cahalane to approve the Regular
Session minutes of Tuesday, March 7, 2006 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
Mashpee residents Ralph Marcelli and William Daniels signed up for public comment to discuss the Lakewood Avenue petition and plan. The matter appears an agenda topic. It was determined the residents would be invited to comment on the agenda topic when it is reviewed by the Selectmen.
COMMUNICATIONS AND CORRESPONDENCE:
Mark J. Despotopulos – Main Street Village:
Selectman Cook stepped down for the above referenced topic of discussion.
Correspondence was received from Mark Despotopulos dated February 21, 2006 requesting the Selectmen’s consideration to obtain a beer and wine license at property described as “Main Street Village” at the intersection of Route 130 and South Sandwich Road.
The Board of Selectmen related concern with regards to the sale of beer and wine in the subject area of discussion. It was noted that the Ockway Bay Trading Post has met with the Selectmen on three different occasions requesting an alcoholic beverage license. It was disclosed, the request was denied on each occasion.
It was agreed that a beer and wine license is not appropriate in the subject area. The matter was tabled. There was no action taken by the Board of Selectmen.
Mashpee Housing Authority – Affordable Housing:
Correspondence was received from the Mashpee Housing Authority dated March 8, 2006 regarding their application for County funds for the purchase of an existing property for affordable housing. The Town Manager recommended the Selectmen secure these funds for the newly formed Mashpee Affordable Housing Trust for use when needed. It was noted that an article appears on the Annual Town Meeting warrant to create an Affordable Housing Trust Committee. County funds, an approximate $200,000 would be used by the new committee as seed money.
The Selectmen agreed to support the Town Manager’s recommendation to defer use of County funds for affordable housing at this time.
OLD BUSINESS:
Armenian Church of Cape Cod – Vigil at Community Park:
At their last meeting, the Selectmen deferred approval of the above referenced special events application for input from the Veteran’s Office.
Correspondence was received from Edwin Theis of the VFW Post granting permission for the Armenian Church of Cape Cod to use the veteran’s garden on April 23, 2006 for the recognition of the Armenian Genocide of 1915. The VFW Post has agreed to remove the P.O.W. flag for the day to accommodate the rising of the Armenian flag beneath the American flag during the ceremony.
Motion made by Selectman Cahalane to grant permission to the Armenian Church of Cape Cod to use the community park for a silent vigil for the commemoration of the Armenian Genocide on Sunday, April 23, 2006 from 11:00 a.m. to 2:00 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Capital Improvement Committee:
The Board of Selectmen opened the Public Hearing on the proposed Capital Improvement Plan for FY07. Committee members Nancy Goulart and Gerald Umina were present. Additional committee members in attendance include; Selectman Theresa Cook and Town Manager Joyce Mason.
The Capital Improvement Program Committee at their February meeting voted to recommend a capital budget of $174,282 for the May 2006 Town Meeting. The referenced sum would appropriate the following:
Police: 7 Police Vehicles (3 yrs) 61,712 (yr 2 of 3 yr lease/purchase)
2 Police Vehicles (2 yrs) 23,870
2 Police Vehicles (2 yrs) 22,500
DPW: 10 Wheel Dump Truck 26,200 (yr 3 of 3 yr lease/purchase)
School: KCC Bathrooms 40,000
Planning & Construction:
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to approve the FY07 Capital Improvement Program budget in the amount of $174,282 for the May 2006 Town Meeting as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was noted that funding sources have been identified for the following; parking lot improvements to the Kids Klub $45,000 from the Enterprise Fund, and the installation of opti-com traffic signals (3) $37,500 to be funded by the Cape Cod Commission and South Cape Village project.
The CIP Committee agreed to defer the remainder of the capital budget, $470,000 to the October 2006 Town Meeting.
Assistant Director – Department of Public Works:
Catherine Laurent, Assistant Director was present to request the Selectmen approve the Policy for the Purchase and Use of Permits/Passes for the Mashpee Transfer Station and Mashpee Beaches.
It was noted that amendments were incorporated into the draft as a result of public input and direction from the Board of Selectmen. Proposed amendments for 2006 were identified in bold and underlined. (Enclosed)
The Assistant Director was requested to further review methods to improve recycling, and to consider the “pay-as-you-throw” program and services related to curbside collection with the recycling component for additional review and consideration. The Assistant Director agreed to increase signage at the Transfer Station in an effort to enforce recycling.
The Recycling Committee has not been active due to lack of quorum. It was agreed the Selectmen would re-advertise to seek membership to re-activate the Recycling Committee.
Motion made by Selectman Taylor to approve the Policy for the Purchase and Use of Permits/Passes for the Mashpee Transfer Station and Mashpee Beaches as amended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Lakewood Avenue Petition and Plan:
To clarify issues from the last meeting, it was disclosed the petition on the May 1, 2006 Annual Town Meeting warrant was validated and certified by the Assessor’s Office. Of the 97 abutters, 51 signed the petition to accept the layouts of Melissa Avenue, Jones Road, Lakewood Drive, Juniper Drive, Linden Road and Maple Street. As disclosed, more than 50% of the abutters signed the petition for placement on the warrant.
The subject plans are dated December 27, 2000 with the exception of (1) plan, that was revised and dated December, 2005. It was noted the petition was received after the public meeting that disclosed the date of the change of plans. The Board of Selectmen lack the authority to remove a petition article from the warrant. As a result of technicalities, Town Counsel may rule there may be a procedural flaw to the article as it is presently appears on the warrant.
Ralph Marcelli and William Daniels discussed the matter of the petition article with the Board of Selectmen. In an effort to reach a consensus with the layout proposal, the Assistant Director of Public Works recommended the Melissa Avenue residents opposed to the project consider an amendment to be discussed on Town Meeting floor to cease the paving project at the intersection of Jones Road where it intersects Melissa Avenue. The amendment if supported by the voters would not halt the remainder of the road conversion as defined in the petition article.
DPW Director:
Norm Hayes – South Cape Beach:
Greg Taylor, Director of Public Works was in attendance with Norman Hayes, BSC Design to discuss the issue of beach nourishment on South Cape Beach. It was noted that twelve storms during the past fourteen months have caused significant erosion on the beach. If additional nourishment is not considered, the Town would lose a large portion of the parking lot. This would pose an eminent danger to public safety.
It was noted the Conservation Commission has granted the DPW a certification of compliance in perpetuity providing reports, photo documentation and sand analysis is documented and the DPW assumes maintenance responsibilities for the beach.
To date, the Public Works Department has provided beach nourishment to the area on three different occasions. As a result, additional funding is requested for the unforeseen expenditure. It is necessary to replenish the sand prior to the beach season and the re-settlement of the piping plovers.
The Selectmen were in support of the expenditure. It was noted that an article appears on the Special Town Meeting warrant to appropriate funds to support shortfalls in the expense budget for beach nourishment at South Cape Beach.
Request to Deficit Spend – Snow & Ice Budget:
The DPW Director requested the Selectmen authorize his department to deficit spend for snow and ice expenditures. An article appears on the Special Town Meeting warrant to appropriate $50,000 for this purpose.
Motion made by Selectman Cahalane to authorize the Department of Public Works to expend up to $50,000 for snow and ice expenditures as requested for the 2006 winter season.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Streetlight Committee – Recommendations:
Streetlight Committee members Robert Jutstrom, Rodney Collins and Gregory Taylor presented a list of several safety related street light locations with the associated installation costs to the Selectmen for review. It was noted that it has been over two years since safety related lighting has been added.
A list was compiled by the committee that incorporated seven locations where safety is deemed an issue of concern. The list was prioritized by the committee and presented to the Selectmen in a memorandum dated February 27, 2006.
Motion made by Selectman Cahalane to accept the Street Light List as reflected in the memorandum of February 27, 2006. The lights shall be installed upon necessary funding subject to the discretion of the Town Manager.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Special Permit Application – Mashpee Chamber of Commerce – Night of 100 Wines:
Heidi Trottier was present to request the Selectmen approve the application submitted by the Mashpee Chamber of Commerce to serve wine (tasting) at the Night of 100 Wines from 5:30 p.m. to 8:00 p.m. on Saturday, June 3, 2006 under the festival tent in Mashpee Commons.
The annual event benefits the Chambers’ scholastic awards and its community projects.
Motion made by Selectman Cahalane to grant to the Mashpee Chamber of Commerce a one day, beer and wine liquor license for the Night of 100 Wines event on Saturday, June 3, 2006 from 5:30 p.m. to 8:00 p.m. to be held at Mashpee Commons.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
OLD BUSINESS:
Special and Annual Town Meeting Warrant Review – Draft #2:
The Board of Selectmen reviewed Draft #2 of the Annual and Special Town Meeting warrant of Monday, May 1, 2006. Articles previously placed on hold were discussed.
The Selectmen acted on the following articles:
Article #13: To appropriate funds for the operation of the Kids Klub
Enterprise Fund for fiscal year 2007.
Motion made by Selectman Myers to add Article #13 to the Annual Town Meeting warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Board of Selectmen discussed the articles proposed by the Americans with Disabilities Act Committee (ADA) with Robert Woolridge. Correspondence was received from Town Counsel dated March 13, 2006 with respect to this regard.
Article #17: To establish a disability commission.
It is the opinion of Town Counsel that there is no substantial difference in the function of the ADA Committee and the proposed ADA Commission. It was noted the Board of Selectmen have the ability to establish said commission that would be created by an act of Town Meeting. Discussion followed with regards to the use of a special revolving account that would enable the ADA Committee to accept gifts and funds.
It was agreed the ADA Committee would develop a mission statement for the Selectmen’s adoption. Selectmen Cook agreed to serve as liaison to the ADA Committee and would attend the next meeting to provide assistance to address their concerns.
Motion made by Selectman Taylor to withdraw Article #17 from the Annual Town Meeting warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Article #18: Temporary Repairs to Private Ways.
The article was submitted by the ADA Committee as a result of concerned residents lacking the ability to give timely social services because of inadequate or missing street signs.
With respect to the above proposal, it was disclosed the Town does not have the legal authority to enter upon private property.
Motion made by Selectman Myers to remove Article #18 from the Annual Town Meeting warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
*Article #19: Prohibiting Feeding of Waterfowl.
Submitted by the Lake Management Committee
*The above referenced article was held for Town Counsel’s opinion.
*Article #2: Article to Fund the Operating Budget.
*The article is held at this time. It was noted the (2) petition articles related to the School Department have not been withdrawn to date.
The Selectmen at their next meeting will conduct further review of the Annual Town Meeting warrant prior to approval.
Approval and Execution of Special Town Meeting Warrant:
Motion made by Selectman Taylor to approve and execute the Special Town Meeting warrant of Monday, May 1, 2006 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Review & Execution of Affordable Housing Restriction – Habit for Humanity:
The Board of Selectmen reviewed the Affordable Housing Restriction from Habitat for Humanity of Cape Cod, Inc. defined as Exhibit “A”.
It was agreed to amend page (11), section 6: Any notices, demands or requests under the Affordable Housing Restriction shall be given to the Town Manager, and not the Town Administrator.
Motion made by Selectman Myers to approve and execute the Affordable Housing Restriction from Habitat for Humanity of Cape Cod, Inc., as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Selectmen reviewed the Agreement for land situated on 433 Asher’s Path East, shown as Lot 66 on Assessors’ Map 61 conveyed to Habitat for the purposed of developing the land for affordable housing.
Motion made by Selectman Myers to approve and execute the Agreement and Restatement of Land Disposition Agreement by and between the Town of Mashpee and Habitat for Humanity of Cape Cod, Inc.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment – Board of Registrar:
Correspondence was received from Deborah Dami; Town Clerk dated March 7, 2006 recommending the re-appointment of Susan Regan for a three-year term. Her appointment as a member of the Board of Registrars will expire on March 31, 2006.
Motion made by Selectman Cook to re-appoint Susan Regan to the Board of Registrars for a three-year term as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMMITTEE UPDATE:
The Blue Ribbon Comprehensive Committee at their last meeting had a significant discussion regarding the Mashpee River dredging project. New regulations are proposed by the DEP regarding side-casting. The proposed changes may be beneficial to the Town of Mashpee. The Selectmen were requested to encourage the Waterways Commission to consider the regulation proposals and how they may impact the dredging proposal. In addition, the BRCC urged the Selectmen to request the WWC outline a timeline with respect to the dredging process.
Discussion followed. It was noted the Waterways Commission is moving forward and is aware of the new regulations. The Selectmen will encourage the WWC to continue working on the side-casting issue and provide the Selectmen with a bi-monthly update on dredging activities.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 8:45 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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