AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 27, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, November 13, 2006 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Board of Assessors/ Mashpee Water District
6:50 Greg Smith – SEMASS Contract
7:00 Café de la Terre – Closed for Business
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Board of Selectmen Goals
NEW BUSINESS
1) Recommendation for Contract Extensions (DPW)
2) Recommendation for Contract Extension (Fire) – Dispatch Center
3) Recommendation for Appointment – Design Review Committee
4) Recommendation for Appointment – Board of Assessors
5) Acceptance of Resignation – Affordable Housing Committee
6) Review, Approval and Execution of Watershed Agreement
7) BIA re: Proposed Legislation
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 27, 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
Due to technical difficulties, the beginning of the Meeting was not taped.
MINUTES:
Monday, November 13, 2006 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, November 13, 2006 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Myers abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
The Board of Selectmen was updated on parade activities by organizer Sue Aitken. Gus Frederick, Director of Leisure Services was also on hand to discuss the first Annual Mashpee Christmas Parade. Town Officials will be marching in the 1st Annual Mashpee Christmas Parade to be held on Saturday, December 9, 2006 at 11:00 a.m. Presently, thirty-two units are expected to be a part of the parade event. The rain/snow date is Sunday, December 10, 2006. The parade will begin at the Quashnet School ending in Mashpee Commons.
In other business, Mashpee resident Chris Boyd requested the Selectmen give consideration to the Library expansion project as proposed. Mr. Boyd indicated the Town deserves an improved facility and in his opinion, it would be clearly inadequate to forgo funding support anticipated from the State.
APPOINTMENTS AND HEARINGS:
NEW BUSINESS:
BIA re: Proposed Legislation:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Town Counsel Patrick Costello updated the Selectmen on the U.S. Department of the Interior, Bureau of Indian Affairs as it pertains to proposed regulations related to the establishment of procedure for certain gaming activities. The regulations are proposed to govern the process regarding the establishment of gaming procedures in certain Tribal lands.
Town Counsel advised that it would be prudent to maintain an assent of knowledge pertaining to this discussion. It was announced the deadline to file comment on the general regulatory procedures is Monday, December 4, 2006. It was agreed that Town Counsel would prepare proposed comments with Special Counsel Guy Martin of Perkins Coie. A special Selectmen’s Meeting would be held if there are specific concerns with respect to this regard.
Motion made by Selectman Myers to authorize Attorney Costello and Special Counsel to draft proposed comments to the BIA regarding the proposed regulations related to gaming activities.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Town Counsel was also requested to remit correspondence to the Mashpee Wampanoag Indian Tribal Council to request a joint meeting with the Board of Selectmen.
Public Hearing – Board of Assessors/Mashpee Water District:
Selectman Cahalane stepped down for the above referenced agenda topic of discussion.
The Board of Selectmen opened the Public Hearing on the issue of allocating the local property tax levy among the five (5) classes of real property and personal property, as set forth in Chapter 40, Section 58 of the Massachusetts General laws, for the fiscal year 2007.
At this hearing, the Board of Assessors shall provide information and data relevant to making a decision on allocating the tax burden, including fiscal effects of available alternatives.
Water District Commissioners attending the joint meeting were Kenneth Marsters and Tom Fudala. Jason Streebel, Town Assessor was in attendance to discuss the tax classification.
It was disclosed, the Department of Revenue certification has not been received to date. The Town Manager recommended the Board defer approval of the proposed tax rate until such certification is received.
Mr. Streebel discussed the options of reallocating some of the tax obligation. Options include the following: (1) from the Residential and Open Space classes to the Commercial, Industrial and Personal Property classes; (2) from Open Space to Residential; (3) within the Residential class, to non-domiciled owners and (4) with the Commercial and Industrial classes, to more expensive properties with larger commercial businesses. It was noted that all taxable property is categorized by the Assessors into one of five classes according to use. These are: Residential, Open Space, Commercial, Industrial and Personal Property.
The proposed tax rate for 2007 is $5.84 per $1,000 valuation. Currently, the rate is $6.34 per $1,000 valuation. The tax rate as proposed is decreased as a result of new growth activities.
The proposed tax rate of the Water District is $0.17 per $1,000 valuation. The tax rate is presently $0.15 per $1,000.
Motion made by Selectman Myers to continue the joint Public Hearing regarding the issue of allocating the local property tax levy to Monday, December 11, 2006 at 6:40 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Members of the Mashpee Water District also voted to continue the joint Public Hearing to Monday, December 11, 2006 at 6:40 p.m.
VOTE: Unanimous. 2-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Cook, yes
Selectman Cahalane, absent Selectman Myers, yes
Selectman Green, yes
Water District Commissioner Marsters, yes
Water District Commissioner Fudala, yes
VOTE: 6-0.
Opposed, none
Greg Smith – SEMASS Contract:
Cape Cod Commission Planner Greg Smith gave a presentation to the Selectmen regarding the Cape Solid Waste Disposal Contracts. Catherine Laurent, Assistant Director of Public Works was in attendance for discussion purposes.
It was noted that Mr. Smith is giving the same presentation to other Cape communities for additional consideration. The Selectmen reviewed his overview of existing disposal contracts, trends and future waste disposal options. Mr. Smith recommended the Board or an applicable representative consider serving on a proposed regional contract committee for the purpose of reviewing existing contracts and exploring options for the disposal of solid waste. Catherine Laurent was considered as Mashpee’s representative.
The Town presently has an estimated eight years remaining on the long term contract with SEMASS. It was reported that SEMASS does not have an interest in continuing a 20 to 25 year contract, but would most likely enter into a five-year agreement.
Discussion followed regarding options such as recycling or the pay-as-you-throw program as initiatives to lower municipal expenditures.
Upon completion of the community presentations, Mr. Smith indicated he would remit a follow-up letter to the Board to seek a formal response from the Selectmen with respect to this regard.
Start of Tape Recording.
APPOINTMENTS AND HEARINGS:
Café de la Terre – Closed for Business:
Selectman Cook stepped down for discussion regarding the above referenced agenda topic.
Correspondence was received from the Town Manager dated November 20, 2006 regarding notification received from Café de la Terre as being closed for business.
Representatives from Café de la Terre were not present to discuss the matter with the Board of Selectmen. There was no additional public comment.
Motion made by Selectman Myers to terminate effective immediately, the Wine & Malt Beverage Restaurant License of Café de la Terre.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
NEW BUSINESS:
Recommendation for Contract Extensions (DPW):
Catherine Laurent, Assistant Director of Public Works was present to discuss her memorandum of November 13, 2006 recommending contract extensions for trash removal and the rental of portable toilets effective January 1, 2007.
Motion made by Selectman Cahalane to approve Year 2 of a 3-Year Bid with Allied Waste Services of Cape Cod for Trash Removal.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve Year 3 of a 3-Year Bid with Bouse House Enterprises for the Rental of Portable Toilets.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Contract Extension (Fire) – Dispatch Center:
George Baker, Fire Chief was in attendance to recommend the Board approve the contract for the operations of the fire dispatch center with the County Sheriff’s Department.
Motion made by Selectman Cahalane to extend the contract between the Town of Mashpee and Barnstable County Sheriff’s Department in the cooperative operation of a primary fire department dispatch system.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Design Review Committee:
Correspondence was received from the Building Inspector dated November 16, 2006 recommending a candidate for the vacant position on the Design Review Committee. A letter of interest was received from Thomas Jalowy dated November 13, 2006 with respect to this regard.
Motion made by Selectman Cook to appoint Thomas Jalowy to the Design Review Committee as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Board of Assessors:
Mashpee resident Gregg Fraser remitted a letter of interest dated November 6, 2006 to serve on the Board of Assessors. It was noted that Mr. Fraser is currently the Chair of the Board of Assessors in the Town of Falmouth with a term to expire June 30, 2007.
Assessor Jason Streebel and Board of Assessor Chair Paul Andrews were present to discuss the appointment with members of the Board of Selectmen.
Discussion followed with respect to a potential conflict of interest. It was agreed the Assessor Chair would discuss this matter with the Town of Falmouth. The matter was deferred to the next Selectmen’s Meeting.
Acceptance of Resignation – Affordable Housing Committee:
The Selectmen were in receipt of a letter of resignation from Louise Patrick dated September 9, 2006 from the Affordable Housing Committee.
Motion made by Selectman Green to accept the resignation of Louise Patrick from the Affordable Housing Committee with regrets.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Review, Approval and Execution of Watershed Agreement:
The Selectmen agreed to defer the above referenced matter. A future meeting will be scheduled with Mashpee representative Richard York and other applicable representatives to discuss the Watershed Agreement.
OLD BUSINESS:
Board of Selectmen Goals:
The Board of Selectmen at their last meeting approved a Vision Statement for the Town of Mashpee. Core Values, Trends and Action Items as previously agreed upon were before the Selectmen for formal approval.
Core Values Include:
1. Leading by example
2. Demonstrating financial responsibility and sustainability by maintaining a strong infrastructure with creativity in smart business growth
3. Community that support and values excellence in education
4. Promote and ensure a high quality of life
5. Keeping small town atmosphere characterized by a respect for diversity
6. Environmental enhancement by protecting our natural resources
A list of Action Items was provided in a relationship diagraph. Action Items ranked for Year 1 include: Financial, Economic Development, Human Resources and Demographics.
Motion made by Selectman Cook to adopt the Board of Selectmen’s Core Values and Action Items A – K as stated, effective January 7, 2007.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMPREHENSIVE COMMITTEE UPDATE:
A booklet entitled The Sachem’s Place: Cotuit/Santuit Watershed was distributed to the Selectmen. Copies of the publication are available in Town Hall for public dissemination. The printing was prepared by the Mashpee Environmental Coalition in an effort to provide residents with the knowledge needed to understand the vital role that water resources play in ecological health.
The BRCC at their November 9th meeting recommended the Selectmen remit a letter to the Department of Environmental Protection (DEP), and applicable State legislators to request the State utilize the same nutrient loading requirements as the Town of Mashpee.
Motion made by Selectman Cahalane to send a letter to the DEP and Legislative Officials requesting the State conform to the Town’s regulation to lower the nutrient loading level to 5 ppm.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:50 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Respectfully submitted
Kathleen M. Soares
Secretary to the Board of Selectmen
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