AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 20, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the following:
Monday, June 6, 2005 Regular and Executive Session
Friday, June 10, 2005 Special Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Cranberry Ridge Road
6:55 Public Hearing – Frog Pond Close
7:10 Public Works Director – Road Projects Update
Acceptance of Bid – Crack Sealing (Asphalt-Fiber Compound)
7:20 Police Chief – Certification and Confirmation of Appointments
7:30 Fire Permit Request
COMMUNICATIONS & CORRESPONDENCE
1) Proclamation Relative to Otis Air Force Base
2) Draft Proclamation for Consideration
OLD BUSINESS
1) Recommendation for Appointments – Board of Selectmen
NEW BUSINESS
1) Request of Mashpee Wampanoag Rod & Gun Club – One Day Wine & Malt License
2) Recommendation for Appointments – Community Preservation Act Committee
3) Notice of Retirement – Conservation Agent
4) Affordable Housing Trust Update
5) Approval and Execution of Barnstable HOME Consortium Agreement
6) Approval of Transfer of Funds – Financial Report
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 20, 2005
Present: Selectman Green, Selectman Cahalane, Selectman Cook
Town Manager Joyce Mason
Absent: Selectman Taylor, Selectman Myers
Meeting Called to Order by Chairman Green at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, June 6, 2005 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, June 6, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Friday, June 10, 2005 Special Session:
The above referenced minutes were deferred due to lack of quorum.
APPOINTMENTS AND HEARINGS:
Public Comment:
None at this time.
The Selectmen indicated that they would not be discussing on this date, the DCPC (District of Critical Planning Concern) nomination due to lack of quorum.
COMMUNICATIONS AND CORRESPONDENCE:
Proclamation Relative to Otis Air Force Base:
Correspondence was received from the Town of Plymouth dated June 9, 2005 recognizing the contribution of Otis Air Force Base to the economy and safety of this area. A draft resolution in support of the Otis Air National Guard Base at the Massachusetts Military Reservation was presented to the Selectmen for approval.
Motion made by Selectman Cook to accept the Resolution in Support of the Otis Air National Guard Base, and encourage the Base Realignment and Closure Commission to remove the Otis Air National Guard Base from consideration for closure.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Letter of Appreciation – Town Hall Staff:
Chairman Green read aloud correspondence received from John Madden in praise of his recent interaction with employees of the Mashpee Town Hall. The Selectmen also indicated that they are proud of the staff who work at Town Hall. The email will be distributed to all Town Departments for review.
Appreciation to Mashpee Enterprise Journalist:
On behalf of the Board of Selectmen, Chairman Green presented Alan Samry with a certificate of appreciation for his outstanding journalism for the Town of Mashpee over the past five years.
NEW BUSINESS:
Request of Mashpee Wampanoag Rod & Gun Club – One Day Wine & Malt License:
Correspondence was received from the Mashpee Wampanoag Rod & Gun Club dated June 7, 2005 requesting an additional date to be used against their annual liquor license total. The requested date for the sale of wine and malt beverages is Saturday, June 25, 2005.
For the record, Selectmen Cook indicated that she would evoke the rule of necessity to vote on the above subject matter due to lack of full voting quorum.
Motion made by Selectman Cahalane to approve the request of the Mashpee Wampanoag Rod & Gun Club and grant a one day wine and malt license on the date of June 25, 2005 to be used against their liquor license total for 2005.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Notice of Retirement – Conservation Agent:
Bob Sherman, Conservation Agent submitted a letter to the Selectmen dated May 25, 2005 of his intent to resign from his position effective October of 2005. The exact date would be provided after further consultation with the Personnel Director.
Motion made by Selectman Cahalane to accept with regret, the resignation of Robert Sherman as Conservation Agent effective October, 2005.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Cranberry Ridge Road:
Selectman Green opened the Public Hearing to consider the adoption of a proposed Town road layout as shown on a plan entitled “Easement Taking and Layout Plan of Cranberry Ridge Road” prepared by Eagle Surveying, Inc. and dated November 17, 2000. The Hearing notice in accordance to posting requirements was read aloud by the Town Manager.
Greg Taylor, Director of Public Works was present to discuss the estimated cost of the roadway acceptance to be borne by the abutting property owners with the Board of Selectmen and interested residents.
An estimate for FY06 was presented in the amount of $5,194.60 to be borne by thirteen property owners. The amount reflects the maximum allowable charge by the Town of Mashpee for this betterment.
It was noted that if the referenced property owners presented a petition containing the required 50% of signatures on or before the date of Tuesday, July 5, 2005 (deadline for October Town Meeting warrant), the estimated and maximum betterment cost to be borne by the thirteen property owners would amount to $4,687.
The Selectmen opened the Hearing to solicit comment.
Augustine Marques, 47 Cranberry Ridge Road asked if the cost of the betterment could be spread over a twenty-year period. It was noted that the Treasurer would present an option of payment to the residents upon completion of the necessary roadwork.
The Selectmen clarified the requirements for the petition needed for placement on the October Town Meeting warrant.
Louise Zaccari, 46 Cranberry Ridge Road asked the Selectmen if the signatures were obtained on or before the deadline date of July 5, 2005, would this guarantee an article for the October Town Meeting warrant. The response was affirmative.
Being no further comment, the Selectmen motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing to consider the adoption of a proposed Town road layout as shown on a plan entitled “Easement Taking and Layout Plan of Cranberry Ridge Road” prepared by Eagle Surveying, Inc. and dated November 17, 2000.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Public Works Director:
Acceptance of Bid – Crack Sealing (Asphalt-Fiber Compound):
Catherine Laurent, Assistant Director presented an outline to the Selectmen detailing the bids received from the annual contract for crack sealing. The bid is determined by the lowest average price for the three-year bid. A separate contract awards the bid on an annual basis. The bidder with the lowest average price is Crack-Sealing.
Greg Taylor indicated that the re-bid resulted in a savings of .20 per gallon in the two out bid years.
Motion made by Selectman Cook to approve the Annual Bid for Crack Sealing (Asphalt-Fiber Compound) to Crack-Sealing for FY06.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Works Director:
Road Project Update:
This year, the Department of Public Works is involved with road improvements along Old Barnstable Road from Route 151 to Payamps Road. The operational schedule of the DPW suspends road construction projects from the end of June until Labor Day. If the Selectmen approve to expedite this project, it would commence during the week of July 25, 2005, and be completed in approximately three weeks. There is no detour required during the road improvement project.
Motion made by Selectman Cahalane to approve and expedite the Old Barnstable Road project from Route 151 to Payamps Road to commence the week of July 25, 2005.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Police Chief – Certification and Confirmation of Appointments:
Rodney Collins, Chief of Police was present to recommend the Selectmen certify and confirm the appointments of two Patrol Officers in accordance with the hiring procedures met by the Mashpee Police Department.
Motion made by Selectman Cook to confirm and certify the appointments of Scott Calline and Gregory Jordon as Patrol Officers of the Mashpee Police Department.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Frog Pond Close:
The Board of Selectmen opened the Public Hearing to consider the adoption of a proposed Town road layout as shown on a plan entitled “Easement Taking and Layout Plan of Frog Pond Close” prepared by Eagle Surveying, Inc. and dated March 7, 2002.
The Hearing notice was read aloud in accordance with posting requirements. Greg Taylor, Director of Public Works was in attendance to discuss the betterment to be borne by twelve property owners.
The maximum allowable charge by the Town for this betterment in fiscal year 2006 is $10,014.30. The residents were informed of the option to obtain signatures for petition for placement on the October Town Meeting warrant to obtain the FY05 betterment cost estimate of $8,127.45.
The Selectmen opened the Hearing to solicit comment.
For disclosure, it was noted that a letter was received from Michael Napolitano, 66 Frog Pond Close in favor of closing the circle. Mr. Napolitano is interested in purchasing the property from the Town.
James Cauger, 37 Frog Pond Close discussed this matter with the Board. It was agreed that the Fire Department would be consulted regarding the connection of the road to Quaker Run. The matter was also deemed a Planning Board subdivision issue.
Mary Fox, 63 Frog Pond Close requested a legal opinion regarding the liability of the private road with respect to a potential accident such as the involvement of a school bus. It was noted that many trailers often park on the narrow road since the marina is nearby. If the road were to become public, the issue of no parking, towing signage would be considered. Town Counsel will be consulted with respect to liability issues.
Frank Valentino, 71 Frog Pond Close asked if the residents would lose their rights. It was noted that the Town takes responsibility of the easement and not the property itself. If the road were taken by the Town, it would most likely be posted with signage for no parking since the matter would be considered a public safety issue.
Tom Flynn, residing on the corner of Frog Pond Close indicted that if the road were made public, it would meet the bylaws and regulations of the Town. Mr. Flynn stated that he is totally opposed to the road going public for it will congest the intersection with increased traffic.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing to consider the adoption of a proposed Town road layout as shown on a plan entitled “Easement Taking and Layout Plan of Frog Pond Close” prepared by Eagle Surveying, Inc. and dated March 7, 2002.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
OLD BUSINESS:
Recommendation for Appointments – Board of Selectmen:
The Selectmen acted upon the following appointments;
Affirmative Action Committee:
Motion made by Selectman Cahalane to appoint Katherine W. Brown to the Affirmative Action Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Affordable Housing Committee:
Motion made by Selectman Cahalane to appoint Martin F. Henry, John Paone and Cynthia Green to the Affordable Housing Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Americans with Disabilities Act Committee:
Motion made by Selectman Cahalane to appoint Deborah Downey, CRC to the Americans with Disabilities Act Committee (ADA).
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Assessors, Board of:
Motion made by Selectman Cahalane to appoint Marcia King to the Board of Assessors.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Cape Cod Regional Transit Authority Representative:
Motion made by Selectman Cahalane to appoint Joyce Mason to the Cape Cod Regional Transit Authority as Mashpee’s representative.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Cape Light Compact Representative (Alternate):
1 Vacancy – Removed from the list. It was noted the member is quite active as Mashpee’s representative.
Planning and Construction Committee:
Motion made by Selectman Cahalane to appoint Eugene Smargon, Steven Cook, Joseph Brait, Irving Goldberg, Kenneth Marsters and Kevin Shackett to the Planning and Construction Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
It was noted that one member would be designated by the School Committee.
The remaining appointments were held for their respective recommendations.
NEW BUSINESS:
Recommendation for Appointments – Community Preservation Act Committee:
The agenda topic was deferred for a full voting quorum of the Board of Selectmen.
Affordable Housing Trust Update:
For informational purposes, the Board of Selectmen reviewed the memorandum regarding a new Act that would boost affordable housing trusts. The law would give all communities the local option to create municipal affordable housing trust funds.
The Mashpee Affordable Housing Committee is expected to discuss this matter at their next meeting.
Approval and Execution of Barnstable HOME Consortium Agreement:
Correspondence was received from Town Counsel, Patrick Costello dated June 2, 2005 regarding the Certificate of Authority; Mutual Cooperation Agreement of the Barnstable County HOME Consortium.
Motion made by Selectman Cahalane to approve the Mutual Cooperation Agreement of the Barnstable County HOME Consortium and authorize the Chairman of the Board of Selectmen to execute said Agreement on behalf of the Board of Selectmen.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Fire Permit Request:
The Selectmen received a request from Joan Pastuszak, Popponesset Beach to apply for a fire permit to have a cooking fire for hot dogs and marshmallows on Popponesset Beach on June 25th, July 3rd, and July 4th, 2005. The Selectmen approved the request last year at the exact location, Wilson Grove, which is a private beach for the street.
Correspondence was received from Fire Chief George Baker dated June 16, 2005 in support of the cooking fire at Wilson’s Grove Beach.
Motion made by Selectman Cahalane to approve a fire permit for a cooking fire at Wilson’s Grove Beach, Mashpee on the dates of June 25th, July 3rd, and July 4th, 2005 as requested.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Approval of Transfer of Funds – Financial Report:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Motion made by Selectman Cahalane to approve the transfer of funds in the amount of $7,835 from the reserve account to fund the Financial Report.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:30 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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