AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 18, 2005
6:30 P.M. – Convene Meeting – Town Hall Conference Room 1
MINUTES
Acceptance of the following:
Friday, June 10, 2005 Regular Session
Monday, June 20, 2005 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Auditors – Sullivan, Rogers & Company – Exit Interview
7:00 Assessor – Personal Property Tax Bills
7:10 Finance Director – Operational Reviews
7:20 Sheldon Gilbert, Chairman, Library Building Committee
Project Update
COMMUNICATIONS & CORRESPONCE
1) City of Waltham – Surplus State Public Land
OLD BUSINESS
1) Recommendation for Appointments – Community Preservation Act Committee
2) Sealer of Weights & Measures
3) DCPC
NEW BUSINESS
1) Request of Rod & Gun Club – One Day License
2) Recommendation for Reappointment – Constable
3) Acceptance of Resignation – Historical Commission
4) Acceptance of Resignation – Cultural Council
5) Wynn & Wynn – Right of First Refusal
6) Recommendation for Appointments
Conservation Commission/South Cape Beach Advisory Committee
7) Appointments to Mashpee Historical Commission
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 18, 2005
Present: Selectman Taylor, Selectman Myers, Selectman Cahalane, Selectman Cook
Town Manager Joyce Mason
Absent: Selectman Green
Meeting Called to Order by Vice-Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Friday, June 10, 2005 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
Minutes of Friday, June 10, 2005 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Myers abstained.
Monday, June 20, 2005 Regular Session:
The above referenced minutes were deferred for quorum purposes.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
APPOINTMENTS AND HEARINGS:
Auditors – Sullivan, Rogers & Company – Exit Interview:
Dan Sullivan and Chris Rogers of Sullivan, Rogers & Company discussed their independent auditors’ report on basic financial statements relative to governmental activities, each major fund and the aggregate remaining fund information of the Town of Mashpee for fiscal year 2004.
In their opinion, the financial statements of the respective year conform to generally accepted accounting principals. Mr. Rogers highlighted the financial analysis which is comprised of the following three components; government-wide financial statements, fund financial statements and notes to the basic financial statements.
The management letter detailed comments and recommendations that would present opportunities for the Town to strengthen internal controls and improve operational efficiencies. Recommendations for improvement include the preparation of formal policies and procedures manuals relative to all financial functions and processes. It was noted the Town is in the process of creating such manuals.
Also, it was recommended that management develop and implement a fraud risk assessment program to identify, analyze and manage the risk of misappropriation. Additional suggestions were related to the septic loan program through the Water Pollution Abatement Trust (MWPAT). Recommendations were identified to strengthen internal controls over loans receivable and financial reporting. Receipts received from MWPAT were recommended to be recorded as proceeds from long-term debt. The full amount of the loans receivable should also be recorded on the general ledger when Barnstable County has notified the Town that funds have been loaned to residents.
It was also recommended the Treasurer/Collector’s Office implement procedures to perform all bank reconciliations no later than 30 days after the end of the previous month.
Of additional note was the GASB Statement #40 regarding investment credit limit disclosure and the GASB Statement #45, a future requirement related to post employment benefits. *For informational purposes, the Selectmen requested further information regarding the GASB update.
Included in the auditors’ report was a detailed overview on federal award programs which include Special Education (SPED) and the Title I educational programs.
Recommendations as contained in the report include procedures to implement to ensure that appropriate supporting documentation is maintained and program management is aware of all compliance requirements of its major programs.
The auditors’ also recommended that procedures be implemented to minimize the time elapsing between the receipt and disbursement of grant funds.
Assessor – Real Estate/Personal Property Tax Bills:
Selectman Cahalane stepped down for the above referenced agenda topic.
John Duffy, Director of Assessing was present to recommend the Selectmen establish a minimum tax bill for personal property accounts.
Pursuant to MGL, Chapter 59 and 60, it is the responsibility of the Town of Mashpee’s Board of Assessors to determine a minimum real and personal property tax bill. The Department of Revenue (DOR) requires final review of the recommended minimum tax by the Board of Selectmen.
The Board of Assessors recommended the Selectmen agree to setting a minimum real estate tax bill less than or equal to $25.00 for commercial/industrial/residential accounts, and set a minimum personal property tax bill less than or equal to $25.00 for commercial/industrial and $10.00 for residential/second homes.
The revenue lost, $5672 would be offset by approximately $12,305 in decreased processing and postage costs.
Motion made by Selectman Myers to approve for FY06, the recommendation to eliminate real estate accounts less than or equal to $25.00 for commercial/industrial/residential accounts and property tax bills less than or equal to $25.00 for commercial/industrial and $10.00 for residential/second homes as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Selectman Cahalane abstained.
Finance Director – Operational Reviews:
Judith Hunter, Finance Director introduced strategic planning consisting of operational metrics, program/project performance and financials to the Selectmen in a visual presentation entitled Operational Reviews.
The purpose of said review will improve management and operations and demonstrate fiscal responsibility. Opportunities would be identified to increase productivity proactively and maximize limited resources. It would also provide an objective appraisal that would ensure an effective, efficient town government operation.
Communication was deemed a key to demonstrate fiscal responsibility to the Town through Town Meetings, newspaper articles, web cast and through the “voice” of the Town Manager and Department Heads. Teams in both the School and Town would work closely to combine their knowledge and expertise to define strengths, identify problems and recommend solutions.
The Finance Director also presented expense flash and visual pie charts that easily identify the operational review of the Town per department. In the financial reporting and analysis, departmental budgets can be reviewed on a monthly, quarterly and yearly basis. Previous and upcoming years will be contained in future financial reviews.
Sheldon Gilbert, Chairman, Library Building Committee:
Project Update:
Library Building Committee Chair, Sheldon Gilbert was present to request the Selectmen authorize the committee to expend $93,500 in conjunction with donated funds to proceed with Phase III of the contract with J. Stewart Roberts Associates. The sum, $93,500 is the remaining amount of funds appropriated previously for planning and engineering services for the new Library.
Mr. Sheldon indicated that Mashpee was notified of its fifth place standing on a wait list of twenty-five municipalities for receipt of requested grant funds. The benefit of the wait list placement will allow the Friends of the Mashpee Library additional time to raise necessary funds for the construction project.
The current status of financing for the new Library as follows:
1. The Town of Mashpee has approved a $3.5 million bond authorization.
2. The State has placed Mashpee on a wait list for a $2,551,775 grant.
3. The Friends of the Mashpee Library must raise at least $1.7 million in private funds to support construction and financing for the new Library.
Motion made by Selectman Cahalane to authorize the Library Building Committee to expend $93,500 along with donated funds to proceed with Phase III of the contract with J. Stewart Roberts Associates subject to the following conditions:
1. That $180,000 in donated funds has been transferred to the appropriate Library account.
2. That the Friends of Mashpee Library has documented that it has raised approximately $1 million in the form of donations, foundation grants and pledges to support construction of the new Library.
3. That the Town will have solicited proposals for Project Manager and made a selection, as required under Chapter 193 of the Acts of 2004.
4. That authorization for Phase III architectural services must be granted by the Town Manager in accordance with the foregoing conditions.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
City of Waltham – Surplus State Public Land:
Correspondence was received from the City of Waltham dated June 16, 2005 suggesting the Town consider requesting legislative support to oppose any use of the budget process to make policy on surplus land, and to support the use of a transparent, public, and deliberative legislative process for improving the original “Chapter 7” laws governing the surplus and disposition of surplus state lands.
The correspondence was taken under advisement at this time.
OLD BUSINESS:
Recommendation for Appointments – Community Preservation Act Committee:
The above referenced agenda topic was deferred for a full voting quorum of the Board of Selectmen.
Sealer of Weights & Measures:
In response to advertisement, the Selectmen were in receipt of two proposals for the position of Sealer of Weights & Measures services for the Town of Mashpee.
Currently, the Town of Barnstable, Regulatory Services Department, Weights and Measures Program provides this type of service in total or in part, to twelve of the fifteen towns in Barnstable County. This type of service is offered through an inter-local agreement. The agreement provides that the contracting community adopt the current Barnstable Fee Schedule and authorize the staff to enter into the Town to conduct inspections and tests as prescribed by MA General Law.
The retailer is billed the Barnstable rate which is paid directly to the Town of Barnstable at no additional charge to the Town of Mashpee. Option A of the contract proposal provides up to 75 hours annually of non-fee based services for $2,000. Additional hours are charged at the rate of $35.00 per hour. The Selectmen were also in receipt of a contract bid from Ray E. Bowman for the position of Sealer of Weights & Measures. Mr. Bowman, a Mashpee resident submitted an annual bid of $3,000. He presently held the position for the Town for the past four years.
Motion made by Selectman Myers to accept the proposal from the Town of Barnstable, Regulatory Services Department, Weights and Measures Program as outlined in Option A. Concurrent with signing the Agreement, the Weights & Measures Fee Schedule for the Town of Mashpee shall be consistent as per the Town of Barnstable Schedule of Fees on this date.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
DCPC:
Selectman Cook stepped down for the above referenced agenda topic of discussion.
The Selectmen in attendance indicated that they would comment and discuss the Planning Board’s District of Critical Planning Concern (DCPC) Nomination. It was noted that the final draft has not been received and the Planning Board is scheduled to meet on August 3rd to discuss proposed changes (Items 8 and 10-12) and to determine if the nomination will be forwarded to the Cape Cod Commission.
Correspondence was received from the Town Planner dated June 23, 2005 commenting on Item #16 of the DCPC Nomination.
Item # 16 asks “What guidelines for development should be instituted in the proposed district to protect the values and purposes for which the district is being nominated? (e.g., local zoning and general by-laws, regulations, local overlay districts)”.
Selectman Cahalane read aloud his comments relative to Item #16. Noted comments as read state “The Planning Board references a series of studies being undertaken to address the excessive nutrient loading problem currently facing the Town’s estuarine systems in their DCPC application. These studies along with a proactive Board of Health and Sewer Commission show the Town’s knowledge of the importance of this situation. This work has been accomplished without the aid of a DCPC. DCPC’s have a definite benefit in some situations, but this does not seem to be the one. This problem seems to fit into the Commission’s mission Statement that states it was established as a regional planning and regulatory agency to prepare and implement a regional land
use policy plan for all of Cape Cod. After several months of discussion, the Barnstable Commissioners Blue Ribbon Committee on Regional Wastewater agreed that a regional approach is essential. To take one town and establish a DCPC for this reason seems to contradict the idea of a unified approach between all towns”.
Selectman Myers read aloud his prepared statement dated July 18, 2005 on the DCPC Overview. His comments commended the Planning Board for their time and effort in what they have prepared for the District of Critical Concern Nomination.
As noted by Selectman Myers: “The concerns and objectives highlighted in the nomination are worthy of the Town’s utmost focus and attention. However, without a unified coalition of various town boards and surrounding communities working together toward a common goal and along with the technical insight and planning that is expected from the studies currently in processes that are outlined in the DCPC, I believe that the objectives of this nomination will fail to be accomplished”.
Selectman Myers also stated: “To build coalition and cooperation, I’m recommending the establishment of a committee of nine (9) individuals comprised of representatives of the Planning Board (2), Conservation Commission (1), Board of Health (1), Zoning Board of Appeals (1), Board of Selectmen (2), and public at large (2). The committee will be charged with establishing and overseeing planning and mitigation efforts to address these critical issues, starting with water resources”.
Selectman Myers suggested the committee be chartered for eighteen months and report on a quarterly basis to the Board of Selectmen regarding progress made toward addressing the critical issues outlined in the DCPC.
Selectman Taylor indicated that he is in full agreement with the Selectmen’s comments and stated: “At this time, there are many other things that can be done with another committee, with bylaw changes, and updating the current laws other than a DCPC. This is not the right time for a DCPC”.
Motion made by Selectman Myers to vote to not to support at this time, the current DCPC Nomination as it is drafted on this date.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
*Agenda topic of discussion, Selectmen’s Meeting: August 1, 2005.
NEW BUSINESS:
Request of Rod & Gun Club – One Day License:
Representation from the Mashpee Wampanoag Rod & Gun Club discussed the application for an additional liquor license date; July 30th and to transfer the previously approved date of September 3rd to September 4, 2005.
Motion made by Selectman Cahalane to approve the request of the Mashpee Wampanoag Rod & Gun Club for an additional liquor license date; July 30, 2005 as requested and to rescind past action to approve the liquor license date of September 3rd, and vote to approve the date transfer to September 4, 2005 in its place.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Selectman Cook abstained.
Recommendation for Reappointment – Constable:
Correspondence was received from Jason L. Brooks dated June 13, 2005 requesting reappointment as Constable.
Motion made by Selectman Cook to reappoint Jason L. Brooks as Constable for a term to expire June 30, 2006.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Acceptance of Resignation – Historical Commission:
Ann Whitlow submitted communication to the Selectmen dated June 17, 2005 announcing her retirement from public service effective June 30, 2005.
Motion made by Selectman Myers to approve the resignation of Ann Whitlow from the Historical Commission with regret.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Acceptance of Resignation – Cultural Council:
Motion made by Selectman Cook to accept the resignation of Ann Whitlow from the Cultural Council with regret.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Wynn & Wynn – Right of First Refusal:
Correspondence was received from Attorney’s Wynn & Wynn; P.C. dated June 14, 2005 regarding a Notice of Intent to Sell or Convert to Other Use in representing New Seabury Properties 98-1 LLC to transfer a portion of their recreational land to an affiliated entity to be called Bayswater Vineyard Reach LLC for nominal consideration.
Motion made by Selectman Cahalane to not exercise the Town’s rights in regards to the Lots as referenced in the memorandum of June 14, 2005 from Wynn & Wynn, P.C.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Recommendation for Appointments:
Conservation Commission:
Correspondence was received from Bob Sherman dated June 23, 2005 recommending the appointment of Jeffrey Cross to full member status to the Conservation Commission.
Motion made by Selectman Cook to appoint Jeffrey Cross to the Conservation Commission as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
South Cape Beach Advisory Committee:
Recommended membership to the SCBAC was disclosed in a memorandum addressed to the Selectmen dated March 29, 2005.
Motion made by Selectman Cook to appoint the following to the South Cape Beach Advisory Committee:
Gus Frederick, Frank K. Connelly, Robert Lancaster
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Appointments to Mashpee Historical Commission:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Communication was received from the Mashpee Historical Commission unanimously recommending the appointment of Paula Peters. She is a representative of the Wampanoag community and a member of the Tribal Council.
Motion made by Selectman Cahalane to appoint Paula Peters to the Historical Commission as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Appointments to the Mashpee Historical Commission: (continued)
Motion made by Selectman Cahalane to appoint:
Joseph Slatterly and Gail Slatterly to the Historical Commission.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:58 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters and possible land acquisition. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Green, absent Selectman Taylor, yes
Selectman Myers, yes Selectman Cahalane, yes
Selectman Cook, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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