AGENDA
BOARD OF SELECTMEN
MONDAY, OCTOBER 30, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Friday, September 22, 2006 Executive Session
Monday, September 25, 2006 Regular and Executive Sessions
Friday, September 29, 2006 Regular and Executive Sessions
Monday, October 16, 2006 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:45 The Compact of Cape Cod Conservation Trusts, Inc., - Mills Land Transfer
COMMUNICATIONS & CORRESPONDENCE
1) Town of Brewster – Room Occupancy Excise Tax
2) Adoption of Mission Statement – Agenda 11-13-06
3) South Cape Beach Update
OLD BUSINESS
1) Transfer of Library Project to Planning & Construction Committee
NEW BUSINESS
1) Recommendation for Bid Acceptance – Plymouth Regional Salt Bid
2) Acceptance of Resignation – Blue Ribbon Comprehensive Committee
3) Letter of Interest – Mashpee Cultural Council
4) Recommendation for Appointment – Council on Aging
5) Recommendation to Change Membership – Affirmative Action Committee
6) Recommendation for Appointments – Affirmative Action Committee
7) Acceptance of Resignation – Board of Assessors
8) Certification and Confirmation of Appointment – Director of Assessing
9) Establish Affordable Housing Trust
10) Cape Cod Water Resources Restoration Project
11) Request to Change Time of Town Meeting
12) Maternity Leave/FMLA Leave Request
13) Betterments on Municipally Owned Property
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
October 30, 2006
Present: Selectman Taylor, Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager Renè Read
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Friday, September 22, 2006 Executive Session:
Motion made by Selectman Cahalane to approve the Executive
Session minutes of Friday, September 22, 2006 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Monday, September 25, 2006 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, September 25, 2006 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Friday, September 29, 2006 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Friday, September 29, 2006 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Monday, October 16, 2006 Regular Sessions:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, October 16, 2006 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS AND CORRESPONDENCE:
Town of Brewster – Room Occupancy Excise Tax:
Correspondence was received from the Town of Brewster dated
October 17, 2006 relative to legislation to be filed to extend the current room tax to cover short term stays at private homes, condos and time shares. The short term rental tax, 90 days or less would have no effect on long term rentals to couples, individuals and families. There is also hope to work out some sort of exclusion for seasonal employer sponsored work force individuals. The proposed legislative bill is NOT a new tax, but an extension to what is already in place.
The Town Manager recommended the Board defer the matter to the Assessor for review and comment.
Motion made by Selectman Cahalane to defer the proposed room occupancy excise tax legislation proposal to the Assessor for his evaluation.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Adoption of Mission Statement:
It was agreed the Board would formally adopt the Mission Statement prepared at the August 26th Strategic Planning session at the next Selectmen’s Meeting. In addition, the goals and objectives set forth by the Selectmen would be reviewed in final format.
South Cape Beach Update:
Photographs of the weekend storm damage to the parking lot at South Cape Beach were distributed to the Board for review. The Director of Public Works was in attendance to review the matter of beach nourishment and public safety with the Selectmen. It was agreed a more permanent solution should be developed to protect the beach if the area is found to be outside of the velocity zone. Findings regarding this concern will be addressed by the Board at the next meeting.
APPOINTMENTS AND HEARINGS:
The Compact of Cape Cod Conservation Trusts, Inc., - Mills Land Transfer:
Selectman Green stepped down for the above referenced topic of discussion.
The Board of Selectmen met with Paula Goldberg, Land Protection Specialist of The Compact of Cape Cod Conservation Trusts, Inc. and Emma Jo Mills to discuss matters relative to a proposed land exchange.
It was disclosed the Mills Family has submitted a proposal to the Community Preservation Committee for the acquisition and preservation of open space, approximately 16.5 acres of natural lands located at Santuit Pond. The land if acquired for conservation purposes would also convey a perpetual conservation restriction to either the Massachusetts Division of Fisheries and Wildlife or the Orenda Wildlife Trust, or both.
A map depicting a component of the proposal to exchange five parcels owned by the Town a total of 0.5 acres for approximately 0.51 acres owned by the Mills Family. The exchange land proposed to be owned by the Town would be owned under the same terms noted above.
It was noted the Town of Mashpee in the vicinity of Santuit Pond owns numerous non-contiguous small parcels of land acquired principally by tax foreclosure with a 1917 subdivision. The applicant was asked to convey the benefit of such an exchange to the residents of the Town of Mashpee.
It was disclosed the proposed exchange would assemble contiguous parcels of land to enhance the parcels of each owner. The Mills intend to place a conservation restriction on certain lands and on three of the five lots to be acquired from the Town as part of the property exchange that would provide an almost continuous wildlife corridor between the Town conservation land and Santuit Pond.
Discussion followed regarding the proposal and of other small Town owned parcels. It was agreed that all small Town owned parcels would be reviewed in the future and considered all together opposed to a piece meal basis. The matter was taken under advisement.
It was noted the Community Preservation Committee is presently reviewing the proposal to acquire approximately sixteen acres for funding consideration at the May 2007 Annual Town Meeting.
Motion made by Selectman Cahalane to take the matter under advisement.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Green absent.
OLD BUSINESS:
Transfer of Library Project to Planning & Construction Committee:
Correspondence was received from the Town Manager dated October 26, 2006 regarding the Selectmen’s action in June of 2006 to transfer to the Planning & Construction Committee, full control of the Library Building Project on September 30, 2006 in accordance with the Town Charter.
Motion made by Selectman Cook to disband the Library Building Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The directive set forth by the Town Manager in the memorandum of October 26, 2006 outlined the Library project transfer to the Planning & Construction Committee (PCC). The available budget is $3.5M. On-going fundraising and additional funds and/or grants (over 3.5M) shall not be included in the original design plans, but considered as an option. The PCC shall present a preliminary project report to the Selectmen on Monday, February 5, 2007.
Motion made by Selectman Cook to follow the directive of the Town Manager “in writing” to the Planning & Construction Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Betterments on Municipally Owned Property:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Correspondence was received from Bruce Anderson Interim Assessor dated October 13, 2006 regarding street and water betterments assessed to municipally owned properties. Parcels belonging to governmental entities should be excluded from the calculation allocating the project cost among the parcels benefited. If such parcels have already been assessed, the assessments should be abated.
Motion made by Selectman Cook to direct the Board of Assessors to abate in full all Street Betterments assessed to Town of Mashpee properties; that all future purchases of property by the Town of Mashpee include the payoff of any betterment assessed to the property; and that all foreclosures of property by the Town of Mashpee include the cost of any and all betterments that may exist at the time of foreclosure.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Plymouth Regional Salt Bid:
Greg Taylor, Director of Public Works was in attendance to recommend the Board award the Plymouth Regional Salt Bid to the low bidders as outlined in his memorandum of October 18, 2006 to the Selectmen.
Motion made by Selectman Cahalane to award the Plymouth Regional Salt Bid #2623 for road salt to Eastern Minerals for $46.50 per ton and for Ice Ban 50/50 to Safe Road Services for $.95 per gallon.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Blue Ribbon Comprehensive Committee:
A letter dated October 3, 2006 was received from John W. Miller, Conservation Commission representative resigning from the Blue Ribbon Comprehensive Committee. The Conservation Commission will be proposing a successor candidate for representation.
Motion made by Selectman Myers to accept the resignation of John W. Miller from the Blue Ribbon Comprehensive Committee with regret.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Douglas Storrs also submitted a resignation from the Blue Ribbon Comprehensive Committee as an At-Large member via email dated October 26, 2006.
Motion made by Selectman Myers to accept the resignation of Douglas Storrs from the Blue Ribbon Comprehensive Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The At-Large position shall be duly advertised to seek membership.
Letter of Interest – Mashpee Cultural Council:
A letter of interest was received from Janet Burke dated October 4, 2006 to serve on the Mashpee Cultural Council. Ms. Burke is employed as the Children’s Librarian at the Mashpee Public Library.
Motion made by Selectman Cook to appoint Janet Burke to the Mashpee Cultural Council for a three year term.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Council on Aging:
Frank J. Kelly submitted a letter of interest to serve as a volunteer on the Mashpee Council on Aging. Members of the Council on Aging voted to recommend his appointment to the Board of Selectmen for approval.
Motion made by Selectman Myers to appoint Frank J. Kelly to the Council on Aging for a term to expire; 6/30/09.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation to Change Membership – Affirmative Action Committee:
Correspondence was received from the Personnel Administrator dated October 25, 2006 on behalf of the Affirmative Action Committee requesting the membership be reduced to five members and two associate members. Currently, there are seven members and two alternates. There is difficulty maintaining quorum.
Motion made by Selectman Cahalane to decrease the number of members of the Affirmative Action Committee to (5) members and (2) associate members.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Affirmative Action Committee:
The Affirmative Action Committee recommended the appointment of Patrick Duffy to fill the vacancy created by Norma Kumin.
Motion made by Selectman Myers to appoint Patrick Duffy as a voting member of the Affirmative Action Committee for a term to expire; 6/30/07.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Board of Assessors:
Correspondence was received from Jason R. Streebel dated October 25, 2006 resigning from the Board of Assessors effective immediately.
Motion made by Selectman Cahalane to accept the resignation of Jason R. Streebel from the Board of Assessors.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Certification and Confirmation of Appointment – Director of Assessing:
In accordance with the Town’s Hiring Certification, Jason Streebel was the recommended candidate for appointment as Director of Assessing. Mr. Streebel’s eligibility as Assessor was confirmed by Town Counsel Patrick Costello.
Motion made by Selectman Cahalane to confirm and certify the appointment of Jason Streebel as Director of Assessing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Establish Affordable Housing Trust:
Pursuant to the May 2006 Town Meeting Warrant, Article 19, it is requested the Board of Selectmen vote to establish the number of trustees and quorum for the Affordable Housing Trust.
Motion made by Selectman Cahalane to establish the membership of the Town of Mashpee Affordable Housing Trust as follows; a nine (9) person membership of trustees, including all (5) members of the Board of Selectmen and (4) members At-Large with a quorum of 5.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Cape Cod Water Resources Restoration Project:
The Selectmen were requested to support the National Resources Conservation Service (NRCS) proposed Cape Cod Water Resources Restoration Project to restore approximately twenty-four tidally-restricted salt marches, remediate approximately twenty-four storm-water outfalls and repair up to two dozen impaired herring runs Cape-wide.
Mashpee has several projects listed in the NRCS plan which would benefit the shellfish and natural resources of all of the Cape Towns. It was noted the Cape Cod Water Collaborative voted to support the project.
Motion made by Selectman Cook to submit a letter of support for the proposed Cape Cod Water Resources Restoration Project.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request to Change Time of Town Meeting:
The option to change the time of Town Meeting from 7:30 p.m. to 7:00 p.m. was considered by the Board as a result of an email from Janice Walford dated October 23, 2006.
Motion made by Selectman Cook to change the time of Town Meeting to 7:00 p.m. beginning with the May 2007 Town Meeting for a one-year trial, to be renewed for the May 2008 Town Meeting.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.,
Maternity Leave/FMLA Leave Request:
Correspondence was received from Carla Newbrey dated September 23, 2006 requesting to be placed on eight weeks maternity leave on the approximate date of February 28, 2006. The Town Manager recommended the Board approve the maternity leave to run concurrently with Family and Medical Leave.
Motion made by Selectman Cook to approve the eight week maternity leave concurrent with Family and Medical Leave for Carla Newbrey as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMPREHENSIVE COMMITTEE:
Selectman Myers updated the Board on the status of the Blue Ribbon recommendations and actions. A matrix was distributed and discussed in detail with the Selectmen. The following matters were reviewed;
1. Planning Board to update the Local Comprehensive Plan
Individual sections of the Plan have been forwarded to various
Department heads requesting an update.
Four departments have submitted comment to date.
2. To designate a permanent Educational Coordinator and funding
to coordinate environmental programs in conjunction with the School Committee.
A part-time 19 hour per week position was unanimously proposed by the BRCC as the scope of work is deemed too large for a volunteer.
It was agreed the matter would be considered with the Town’s
re-organizational project. The Selectmen are expected to review the report in January. The position would also be considered as an option for the School Department such as a stipend position for a science teacher.
3/4.To use the Transfer Station grounds as a repository for dredging spoils
from the Mashpee River.
There has been contracting delays. It is hopeful Mr. Hanks will update the Board in December on this matter.
5. Mashpee Water District and Sewer Commission recommended formulating a combined fresh water/waste water entity.
The Water District is preparing a proposal that would result in a water/sewer district. It will be presented to the Water District in November 2006.
It was agreed that Town Counsel would review the matter on behalf of the Sewer Commission.
6. Recommendation to use natural fertilizers and materials for maintaining Town’s playing fields and buildings.
Michael Talbot is gathering information on a Town-wide ordinance that would require the usage of organic fertilizers on all Town property.
7. To request the Water District support educational programs regarding conservation, environment and water issues.
Water District to assist with printing of water brochures.
Request to ask Health Department to distribute their low flow showerheads and other information or items they distribute to the public for outreach purposes.
Motion made by Selectman Cahalane to authorize the Board of Health to conform to distribute the above request.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
8. Recommendation to appoint a representative to the Upper Cape Regional Technology Development Corporation (UCRTDC).
John Miller is considered as Mashpee’s representative.
9. To establish an EDIC Committee – Formed.
Initial meetings have been held, committee is moving forward in a successful manner.
10. Planning Board to identify changes to zoning, special permit and
subdivision regulations. Articles submitted and passed at the October Town Meeting.
11. Board of Health to commit to upgrading septic requirements and requiring Title V standards if ownership changes or renovation.
Public Hearing held by BOH. Voted new requirement in March 2006.
12. BRCC voted to support the creation of an Affordable Housing Trust.
BOS approved 10/30/06.
13. BRCC to request BOS to review source of pollution in Santuit Pond.
An estuary study is presenting researching this concern. Update on progress requested.
14. BRCC recommendation for Town Manager and DPW to work with Ted Theis to evaluate Clean Water Solution’s storm water biofilter.
Meeting scheduled this week for review.
Adjournment:
Motion made by Selectman Green to adjourn at 7:55 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters and potential litigation. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Myers, yes
Selectman Green, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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