AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 1, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the following:
Monday, June 20, 2005 Regular Session
Monday, July 18, 2005 Regular and Executive Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Conversion of Private to Public Roads
- Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street, Melissa Avenue
7:00 Superintendent Bradshaw – Additional Funding
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Blue Ribbon Committee
NEW BUSINESS
1) Request to Extend Bid – Kennel Services
2) Recommendation for Bid Acceptance - Generator
3) Special Town Meeting Discussion
4) Recommendation for Appointments – Special Events Committee (3)
5) Recommendation for Appointment – Constable
6) Recommendation for Appointment – Planning & Building Committee
7) Assessing Office Web Site
8) Grant Extension – Wastewater Planning
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 1, 2005
Present: Selectman Green, Selectman Taylor, Selectman Myers,
Selectman Cahalane, Selectman Cook
Town Manager Joyce Mason
Meeting Called to Order by Chairman Green at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, June 20, 2005 Regular Session:
Motion made by Selectman Cahalane to approve the Regular
Session minutes of Monday, June 20, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Myers abstained.
Monday, July 18, 2005 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, July 18, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
Lance Lambros, County Commissioner presented a check to the Board of Selectmen in the amount of $15,902, surplus funds for fiscal year 2004.
In the fall, representatives from the Barnstable County Commissioners and Assembly of Delegates will update the Selectmen on services offered to the Town of Mashpee.
Alexandra Wilkinson, a kindergarten teacher in the Mashpee Public School system discussed concerns relative to increased class size, quality programs and conformance with regards to standards of accreditation. The School was noted to be faced with an emergency situation due to increased and unforeseen kindergarten student enrollment.
Mary Durham, Vice-President of the Mashpee Teachers Association and an eighth grade teacher indicated that a student’s success in other grades is dependent upon a child’s first encounter. Ms. Durham made note of the information provided to the Board regarding class size and student enrollment and requested the Selectmen support the funding for an additional teacher and support personnel on the kindergarten level.
School Committee Chair, Janice Mills stated that more kindergarten students have enrolled than what was previously anticipated. She requested the Selectmen support an article on the October Town Meeting warrant that would fund additional teacher and classroom support in this emergency situation.
Correspondence was received from Brian Hyde, a representative of the Mashpee Teachers’ Association dated August 1, 1005 expressing support for an additional kindergarten classroom teacher.
It was noted that the matter related to the above topic is a scheduled agenda item of discussion with the Superintendent of Schools.
Public Hearing – Conversion of Private to Public Roads: Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street, Melissa Avenue:
Selectman Green opened the Public Hearing to consider the adoption of proposed Town road layouts as shown on the following plans:
“Easement Taking and Layout Plan of Jones Road”, Easement Taking and Layout Plan of Juniper Drive”, Easement Taking and Layout Plan of Lakewood Drive”, “Easement Taking and Layout Plan of Linden Road”, Easement Taking and Layout Plan of Maple Street”, Easement Taking and Layout Plan of Melissa Avenue”; all plans prepared by Eagle Surveying, Inc., dated December 27, 2000.
The Public Hearing notice was read aloud in accordance with posting requirements. Greg Taylor, Director of Public Works was present to discuss the above referenced road conversions with the Board of Selectmen and interested public.
For disclosure, it was noted that all of the abutters have received notice regarding the betterment. The estimated betterment cost to be borne by 118 property owners was revised to reflect a maximum charge of $3,813.87. Since the plan was adopted in the year 2000, there have been added roadways and driveways that have increased the scope of the project proposal.
As a result of the change of scope, the Town Manager recommended the Selectmen update the present plans to meet current standards and to re-schedule a Public Hearing on this matter.
The Selectmen opened the Hearing to solicit comment.
Ralph Marcelli, Melissa Avenue stated that there are three lots on one common drive. Presently, it is listed as a common drive by the Department of Public Works. The residents do not want to be included in the road conversion, and would pay to upgrade the road themselves.
For the record, the Town Manager indicated the respective property owners would be apportioned some type of assessment since their property would be bettered with the road improvements.
Richard Lefebvre, 35 Melissa Avenue related concern with regards to the paving of the road and increased traffic if a turn around were created. He stated that it would destroy a pristine part of Cape Cod.
William Daniels 26 Melissa Avenue indicated he would appreciate the Selectmen’s consideration to stop the road improvement at the end of his property.
Bill Marsters, 100 Lakewood Drive and a Melissa Avenue property owner related concern to the road conversion that would take land to make it the beginning of a street.
Peter Swenson 15 Melissa Avenue stated he is opposed to the project proposal and likes things the way they presently are.
Mike Pasakarnis, 188 Lakewood Drive asked about the petition process. It was noted that if the Selectmen were to change the scope of the project, signatures would be required from 50% of the residents. A second petition is then required after the process is completed.
Louis Rizzo, 53 Jones Road asked if the road taking would encumber any private land. He was informed that the road taking would take an easement above the property line. The taking does not take anyone’s property.
Lawrence Silva 46 Jones Road asked the DPW Director is the road would be straighter. He also related concern to the drainage problem that exists on Linden Road. In response, it was noted the plan depicts a curve that would remain in the road layout. Linden Road is also included in the road conversion process.
Being no further comment, the Selectmen motioned to continue the hearing to obtain additional information relative to the original petition to verify 50% of the signatures and to allow the DPW Director to further review the plans.
Motion made by Selectman Myers to continue the Public Hearing on the Conversion of Private to Public Roads: Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street Melissa Ave to Monday, August 15, 2005 at 6:40 p.m. to obtain additional information as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Superintendent Bradshaw – Additional Funding:
Ann Bradshaw, newly appointed School Superintendent was present to discuss her request for an article for the October Town Meeting Warrant. Kindergarten registration has significantly increased as of July 27th. There are six sections. One is staffed with a class size reduction grant with enrollment limited to 18 students. The other five sections each have 25 students. If an additional section is added class size would be reduced to 21 students.
The increased enrollment was unforeseen and the School Department has missed the deadline for placing an article on the warrant. The article as proposed would appropriate $60,000 to the School Department for staff needed for an additional section of kindergarten. Estimated salary costs are $45,000 for a teacher and $15,000 for a paraprofessional.
It was noted that if both new hires received the maximum insurance and retirement benefit package, the accurate assessment to the Town would be $87,000.
Ms. Bradshaw indicated she is confident that with Town leadership and parent support, the School Department would be able to receive the votes needed to pass the article.
The School Department at this time is unable to fund the staffing due to budgetary constraints. The School is also facing a deferred payment of $50,000 for English textbooks that must be “found” in the School FY06 budget.
It was noted that teacher quality-professional development, class size and extended learning time has proven to work towards the improvement of student achievement.
The Selectmen indicated that they are now a policy board and bound to the rules governing the Town Charter. To consider a budgetary issue for placement on the Town Meeting Warrant, the Finance Committee and Town Manager must be consulted.
OLD BUSINESS:
Blue Ribbon Committee:
At their last meeting, the Board of Selectmen voted not to support the current DCPC application. It was recommended the Selectmen establish a committee comprised of nine (9) individuals comprised of representation from 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 would be charged with establishing and overseeing planning and mitigation efforts to address the critical issues the Town is facing, starting with water resources. The committee as recommended would be chartered for a period of eighteen months and would be required to report directly to the Board of Selectmen on a quarterly basis.
In response to the Selectmen’s decision not to support the current DCPC application, a memorandum regarding this matter dated July 20, 2005 was submitted by the Board to members of the Mashpee Planning Board.
It was suggested this committee oversee and update the Town’s Local Comprehensive Plan reviewing additional aspects of the Town such as growth management, wastewater, sewer management, development, and traffic issues. Such a committee would focus on these issues and work with existing groups to bring forth the specifics to the Board of Selectmen for action to accomplish a resolution on important issues affecting the Town.
It was agreed the Selectmen would defer action to the next meeting of August 15th to await response from the Planning Board.
NEW BUSINESS:
Request to Extend Bid – Kennel Services:
The bid process associated with the procurement of Kennel Services during FY04, 05 and 06 was completed in June, 2003. The Animal Inn was the sole bidder. The Selectmen were requested to approve the agreement with the newly implemented rates.
Motion made by Selectman Cahalane to approve and extend the Agreement for FY06 between the Town of Mashpee and Animal Inn for the services of the Animal Control Officer with the rate implementation as submitted.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Generator:
Two bids were received in response to the solicitation for the disposition of the Kohler 45 Fast Response Generator deemed surplus. It is approximately ten years old with 180 hours of use. It has not been used by the Town for three years.
Motion made by Selectman Myers to accept the bid from Richard Halpern in the amount of $2,650 for the Generator as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Special Town Meeting Discussion:
Correspondence was received from Town Counsel, Patrick Costello
Dated July 25, 2005 regarding a “cleanup” and Charter reference annotate revised General Bylaw package for the October 17, 2005 Town Meeting.
The Special Town Meeting Warrant Article containing revised by-laws would be the only special article on the warrant. The Selectmen agreed to schedule a joint meeting/public hearing with the Bylaw Review Committee in September to educate and inform the Selectmen and public on the proposed changes.
Motion made by Selectman Cook to schedule a Special Town Meeting containing (1) warrant article as referenced within the Annual Town Meeting on October 17, 2005.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Appointments – Special Events Committee (3):
Correspondence was received from Gus Frederick; Director of Leisure Services dated July 25, 2005 recommending three individuals to serve on the Special Events Committee.
Discussion followed with respect to the makeup and membership of the committee. It was agreed the Director would be requested to make recommendations for subcommittee appointments. The matter will appear on the Selectmen’s agenda of August 15, 2005.
Recommendation for Appointment – Constable:
Mashpee resident, Peter K. Sculos submitted an application for appointment as Constable. A background check from the Mashpee Police Department did not reveal any factors that would disqualify Mr. Sculos for appointment. Presently, there are nine Constables in the Town of Mashpee.
Motion made by Selectman Myers to appoint Peter K. Sculos as a Constable for the Town of Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – Planning & Building Committee:
Janice Mills, School Committee Chair submitted a letter of interest to serve on the Planning and Construction Committee serving as the School Committee representative pursuant to Section 5-7 of the Town Charter.
Motion made by Selectman Cahalane to appoint Janice Mills to the Planning & Building Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Assessing Office Web Site:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Correspondence was received from John Duffy; Director of Assessing dated July 28, 2005 regarding the Assessing Department’s web site posting of the property record card on the internet.
The internet link is intended to give access for public information purposes and to ease the volume of activity in the Assessor’s Office. An exception list is considered for those who wish to have their property record card hidden from the public viewing file.
Motion made by Selectman Taylor to support the Assessing Office Web Site Posting of the Property Record Card allowing the full list open for public review.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Grant Extension – Wastewater Planning:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Late filed communication was received from the Town Planner requesting the Selectmen’s approval of an amendment to a grant agreement between the Town and Barnstable County.
The $33,000 wastewater planning grant is for a sewer system evaluation of the Popponesset Bay watershed that is being developed for the Sewer Commission by the firm of Stearns & Wheler. To date, $20,000 has been paid. The remaining $13,000 is to be paid after completion of the work and presentation.
Motion made by Selectman Myers to authorize the Chairman of the Board of Selectmen to execute the Wastewater Planning Grant extension on behalf of the Board of Selectmen. The Memorandum of Agreement shall be effective until December 31, 2005 unless an extension in time is agreed to in writing by both parties.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:55 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Green, yes 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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