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February 28, 2005

AGENDA
        BOARD OF SELECTMEN
MONDAY, FEBRUARY 28, 2005


6:30 p.m. - Convene Meeting  - Conference Room 1

        MINUTES

Monday, January 31, 2005 Regular and Executive Sessions
Monday, February 7, 2005 Regular and Executive Sessions
Monday, February 14, 2005 Regular Session

APPOINTMENTS & HEARINGS
6:30    Public Comment
6:40    Fire Chief
-       Request for Extension of Dispatch Contract
-       Change Order Request / Brush Breaker
6:50    Leisure Services Director
-       Beach Sticker Rates (Transfer Station Rates)
-       Building Proposal
        7:00    Harbormaster – Herring Regulations
        7:10    Chamber of Commerce Signage Proposal

COMMUNICATIONS & CORRESPONDENCE

1)      Town of Barnstable Town Council
2)      Town of Kingston – Chapter 40B Manufactured Housing
3)      Town Planner – Cape Cod Free Clinic
        4)      Ballot Question – Wind Farm
OLD BUSINESS


NEW BUSINESS

1)      Request of Rod & Gun Club – One-Day Liquor License
2)      Ballot Question – Community Preservation Act
3)      Annual and Special Town Meeting Warrants – Draft #1
4)      Recommendation for Appointment – Zoning Board of Appeals
5)      Acceptance of Resignation – Administrative Assistant/ Planning Department
6)      Acceptance of Resignation – South Cape Beach Advisory Committee
7)      Acceptance of Policy – Appointment of Boards and Committees

MMR ISSUES

EXECUTIVE SESSION



Board of Selectmen
Minutes
February 28, 2005

Present:        Selectman Cahalane, Selectman Green, Selectman Taylor
                Town Manager, Joyce Mason

Absent: Selectman Marsters, Selectman Myers

                Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
                Town Hall, Conference Room #1.

                MINUTES:

                Monday, January 31, 2005 Regular and Executive Sessions:

                Motion made by Selectman Green to approve the Regular and
                Executive Session minutes of Monday, January 31, 2005 as presented.
                Motion seconded by Selectman Taylor.
                VOTE:  Unanimous.  3-0.

                Monday, February 7, 2005 Regular and Executive Sessions:

                Motion made by Selectman Taylor to approve the Regular and
                Executive Session minutes of Monday, February 7, 2005 as presented.
                Motion seconded by Selectman Green.
                VOTE:  Unanimous.  3-0.

                Monday, February 14, 2005 Regular Session:

                Motion made by Selectman Green to approve the Regular Session
                minutes of Monday, February 14, 2005 as presented.
                Motion seconded by Selectman Taylor.
                VOTE:  Unanimous.  3-0.

        APPOINTMENTS AND HEARINGS:

                Public Comment:

Perry Ellis discussed his memorandum of February 25, 2005 addressed to the Board of Selectmen relative to his request to place an article on the May Town Meeting Warrant to change wording on the Town Charter.

The change request would amend the Charter under Section C Eligibility that would read:  Any voter shall be eligible to hold any elective town office, provided however, no person shall simultaneously hold more than one elected town office.

Timothy Cunningham also requested a full review of the Charter.

In response, the Selectmen indicated that they are attempting to make amendments to the Charter where possible.  Input is currently being sought from Department Heads regarding this concern.  It was noted that minor revisions to the Charter can be made by a vote of Town Meeting.

APPOINTMENTS AND HEARINGS:

Fire Chief – Request for Extension of Dispatch Contract:

A renewal agreement regarding Conditions and Operating Policies for the Operation of a Fire Dispatch Center for the Town of Mashpee by the Sheriff’s Department was presented to the Selectmen for approval.

The intent of the agreement is to describe the mutual responsibilities of the Barnstable County Sheriff’s Department and the Town of Mashpee in the cooperative operation of a primary fire department dispatch system. There is no cost increase to the renewal of the agreement.

Motion made by Selectman Taylor to extend the Agreement relative to Conditions and Operating Policies for the Operation of a Fire Dispatch Center for the Town of Mashpee by the Sheriff’s Department from January 1, 2005 through June 30, 2005.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

        APPOINTMENTS AND HEARINGS:

                Fire Chief – Change Order Request/Brush Breaker:

Correspondence was received from Fire Chief George Baker dated February 21, 2005 requesting the Selectmen approve a change order in the amount of $7,023.50 for items associated to the construction of the department’s new brush breaker.  The request is within budgetary constraints and does not require additional funding.

Motion made by Selectman Green to approve the Change Order request of the Fire Chief in the amount of $7,023.50 for the department’s brush breaker.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

COMMUNICATIONS AND CORRESPONDENCE:

Town of Barnstable Town Counsel:

A sample letter to the Massachusetts Municipal Association concerning Resolution A-1, an equitable local aid solution passed at a recent MMA meeting was presented to the Selectmen for consideration by the Town of Barnstable Town Counsel.

The MMA voted in favor of the long overdue recognition that both Chapter 70 education funds and lottery funds distributed by the Commonwealth must consider median income as a legitimate measure of equitable distribution of local aid.

It was agreed that the Selectmen would remit a similar letter to the Massachusetts Municipal Association in support of their lobbying powers
concerning Resolution A-1.

COMMUNICATIONS AND CORRESPONDENCE:

Town of Kingston – Chapter 40B Manufactured Housing:

Correspondence was received from the Town of Kingston dated December 28, 2004 regarding manufactured housing development and the current formula for Chapter 40B housing.  The term, low and moderate income housing as defined in Chapter 40B does not include manufactured homes.  Manufactured housing “mobile home parks” are an opportunity for residents to enter into the homeownership market.

Members of the Mashpee Affordable Housing Committee remitted a memorandum to the Selectmen in support of manufactured/mobile homes toward the percentage of affordable housing within each town.  The Selectmen agreed to support the referendum.

Ballot Question – Wind Farm:

Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

Motion made by Selectman Taylor to place a simple non-binding question on the 2005 May Town Election ballot that would request an opinion in favor or against the Wind Farm proposal.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

Senator Robert O’Leary – Update:

Senator Robert O’Leary’s aide Susan Rohrback was present to update the Selectmen on several issues pending on Beacon Hill.  It was agreed that she would continue to update the Board on the Chapter 70 reform bill.

COMMUNICATION AND CORRESPONDENCE:

Town Planner – Cape Cod Free Clinic:

For informational purposes, the Town Planner submitted correspondence to the Selectman regarding potential sites of Town land for the proposed new Cape Cod Free Clinic building.  The availability of Town owned land would be a valuable resource to provide health care in the Town of Mashpee.  The material was outlined in a memorandum dated February 8, 2005 for future consideration.

NEW BUSINESS:

Request of Rod & Gun Club – One-Day Liquor License:

Courtney Mills, Mashpee Wampanoag Rod & Gun Club was present to request the Selectmen approve an amended list of liquor license dates for 2005.  For disclosure, a certificate of insurance was presented to the Selectmen.

Motion made by Selectman Green to rescind past action associated to the previously awarded liquor license dates for the Mashpee Wampanoag Rod & Gun Club.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

Motion made by Selectman Green to approve the following one-day liquor license dates in 2005 for the Mashpee Wampanoag Rod & Gun Club;
        February 26, 2005               July 2, 2005
        August 13, 2005         September 3, 2005
        October 8, 2005
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

NEW BUSINESS:

Ballot Question – Community Preservation Act:

A ballot question to replace the Cape Cod Open Space Land Acquisition Program with the Community Preservation Act was presented to the Selectmen for approval.

Motion made by Selectman Taylor to approve the Ballot Question relative to the Community Preservation Act to be placed on the May 2005 election ballot.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

APPOINTMENTS AND HEARINGS:

Leisure Services Director – Beach Sticker Rates/Transfer Station Rates:

Gus Frederick, Director of Leisure Services was present with Catherine Laurent, Assistant DPW Director to discuss fees proposed for the upcoming beach and Transfer Station season.

The DPW and Leisure Service Department has proposed to increase the $20 resident beach parking sticker by $5.00.  In an effort to encourage residents and property owners to purchase their stickers through the mail, the DPW, Town Clerk and Leisure Services Department have recommended that residents who mail in their application for beach sticker and Transfer Station permits in would receive a $5.00 reduction fee for each permit.

The long term benefit would be a savings of staff time, both permanent staff in the Town Clerk’s Office as well as the seasonal staff hired for permit sales.  All other fees would remain consistent with last year’s fee schedule.

Motion made by Selectman Green to accept the $5.00 increase in beach sticker permits, and $5.00 discount for mail-in purchases of beach and Transfer Station permits providing a deadline is placed on mail-in sales.  The Selectmen are in agreement to revisit the rates in one-year.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

APPOINTMENTS AND HEARINGS:

Leisure Services Director – Building Proposal:

Selectman Taylor indicated that he would step down for the above referenced discussion.  Due to lack of quorum, the Selectmen were in agreement to defer the matter to the next scheduled meeting.
The Finance Director was requested to prepare a cost analysis of the Kids Klub Program for additional review and consideration.

Harbormaster – Herring Regulations:

Perry Ellis, Harbormaster was present to recommend the Selectmen approve the amendment to the Herring Fishery Regulations by changing the last word sunset to 7:00 p.m.  All other regulations would remain the same.  The herring season opens April 21, 2005 and closes on May 28, 2005.  Permits will go on sale April 1st at the sticker office.

Motion made by Selectman Taylor to amend the Herring Fishery Regulations by changing the word: sunset to 7:00 p.m.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

NEW BUSINESS:

Annual and Special Town Meeting Warrants – Draft #1:

Due to lack of quorum, the review of the Annual and Special Town Meeting Warrants was deferred.

Recommendation for Appointment – Zoning Board of Appeals:

Fred Borgeson was the recommended candidate for appointment to the Zoning Board of Appeals to fill the resignation of Jamie Regan.

Motion made by Selectman Green to appoint Fred Borgeson to the Zoning Board of Appeals as recommended.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

NEW BUSINESS:

Acceptance of Resignation – Administrative Assistant/Planning Department:

The Selectmen were in receipt of a letter of resignation from Myra Suchenicz dated February 9, 2004 from the position of Administrative Assistant to the Town Planner.

Motion made by Selectman Green to accept with regret, the resignation of Myra Suchenicz as Administrative Assistant to the Town Planner.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

Acceptance of Resignation – South Cape Beach Advisory Committee:

Correspondence was received from the South Cape Beach Advisory Committee dated February 2, 2005 regarding the resignation of Catherine E. Conroy.

Motion made by Selectman Green to accept the resignation of Catherine E. Conroy from the South Cape Beach Advisory Committee with regret.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.

APPOINTMENTS AND HEARINGS:

Chamber of Commerce Signage Proposal:

Chamber member Ted Nadolny and designer Tom O’Neill were present to discuss amendments to the Chamber’s directional signage proposal.  It was noted that the Town Planner and Director of Public Works gave input into the proposal after the initial presentation was made to the Board of Selectmen on February 7, 2005.

Correspondence was received from Don Megathlin, Talanian Realty dated February 15th regarding the signage presentation.  

The Selectmen visually reviewed the Mashpee Chamber of Commerce signage proposal as outlined in the memorandum from the Town Planner dated February 18, 2005.

Tom Fudala, the Town Planner recommended the Selectmen defer any signage associated to Lowell Road until the road is repaired and resurfaced and until the intersection is corrected.  The Selectmen agreed with Mr. Fudala’s recommendation.

*With regards to Item #5, the Board of Selectmen requested the proposal include additional signage to rout traffic at the end of Donna’s Lane.

*It was agreed that Item #3, #8 and a portion of #11 that would exclude Lowell and Old Barnstable Road would be delayed for signage until the completion of Lowell Road.

The Chamber is scheduled to meet before the Design Review Committee on March 3, 2005.

Motion made by Selectman Taylor to vote in support of the Chamber of Commerce directional signage proposal as amended above to go forward to Design Review for comment.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

NEW BUSINESS:

Acceptance of Policy – Appointment of Boards and Committees:

Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

The Selectmen agreed to set policy regarding the appointment of the Board of Registrars, Board of Assessors, Board of Appeals, Sewer Commission, Board of Health, Conservation Commission and other multiple member bodies.

A Policy relative to the above was presented to the Selectmen for review.
It was agreed that the policy would be amended to include advertisement on the Town’s website address.

Motion made by Selectman Taylor to adopt the Policy relative to the Appointment of Boards and Committees as presented and amended.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.

Adjournment:

Motion made by Selectman Taylor to adjourn at 7:45 p.m.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  3-0.


                                        Respectfully submitted,


                                        Kathleen M. Soares
                                        Secretary to the Board of Selectmen