AGENDA
BOARD OF SELECTMEN
MONDAY, SEPTEMBER 12, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the following:
Monday, August 15, 2005 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
Certificate of Appreciation – Larry Dove - DPW
6:40 Water District Commissioner – Special Municipal Employee
6:45 Animal Control Officer – Intermunicipal Agreement with Town of Sandwich
6:50 Public Hearing – D’Ambrosio Class II Used Car Dealer’s License
7:00 Public Hearing - (cont’d) - Conversion of Private to Public Roads
- Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street, Melissa Avenue
7:15 Cemetery Commission – Update
COMMUNICATIONS & CORRESPONDENCE
1) Tribal Discussions
2) Falmouth EDIC
3) Emergency Management Meeting Update
OLD BUSINESS
1) Review and Execution of Special Town Meeting Warrant
2) Review and Execution of Annual Town Meeting Warrant
3) Confirmatory Deed and Acceptance of Deed – Willowbend
NEW BUSINESS
1) Recommendation for Reappointments – Nitrogen Management Plan Community Advisory Committee
2) Recommendation for Appointments – Blue Ribbon Comprehensive Committee
3) Request to Extend Contract – Covanta Energy, Inc.
4) Recommendation for Appointment - Americans with Disabilities Act Committee
5) Ratification of Certification and Confirmation of Appointment Process – Assistant Assessor
6) Ratification of Appointment to Cultural Council
7) Acceptance of Resignation – Conservation Commission Associate Member
8) Request to Change Location of Town Meeting from Quashnet School to Mashpee High School
9) Wynn & Wynn – Notice of Intent to Sell or Convert to Other Use – New Seabury Properties, LLC
10) Ratification of Special Permit – Mashpee Wampanoag Rod & Gun Club
11) Acceptance of Resignation – Administrative Assistant to Conservation Department
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
September 12, 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, August 15, 2005 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, August 15, 2005 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Certificate of Appreciation – Larry Dove – DPW:
Update Hurricane Katrina:
The Board of Selectmen presented Larry Dove a certificate of appreciation for tireless efforts and outstanding service to the Town of Mashpee. Mr. Dove recently retired after serving the Department of Public Works for twenty-nine years.
Mashpee Fire Chief George Baker announced the Base Realignment and Closure Commission (BRAC) has recommended the Otis National Guard Base be realigned and remain active as a military base.
Chief Baker also indicated from his department, Captain Kevin Long and Firefighter Nicole Stanley has been deployed and will serve on an eight member unit assisting the State of Mississippi for the next ten days. It was noted the Town would be reimbursed for salary, overtime and fringe benefits. To date “Operation Helping Hand” has provided assistance to approximately 200 guest’s at the Camp Edwards shelter from the Gulf Coast. The department is on standby awaiting the arrival of additional Hurricane Katrina evacuee’s.
APPOINTMENTS AND HEARINGS:
Animal Control Officer – Inter-municipal Agreement with Town of Sandwich:
June Daley, Animal Control Office for the Town of Mashpee respectfully requested the Selectmen terminate the Agreement between the Towns of Mashpee and Sandwich due to lack of commitment and reciprocation with response to mutual aid coverage assistance. Town Counsel rendered an opinion in support of Ms. Daley’s request.
Motion made by Selectman Cahalane to vote to rescind the Inter-municipal Agreement for the Reciprocal Use of Animal Control Officers between the Towns of Mashpee and Sandwich.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Water District Commissioner – Special Municipal Employee:
Water District Commissioner Ken Marsters was present with Water District Counsel, Bill Henchy to request the Selectmen designate the Officers/Employees of the Mashpee Water District as Special Municipal Employees and exempt of Prime Properties (2) pre-existing water service agreements with the Mashpee Water District.
Correspondence was received from Town Counsel dated August 12, 2005 regarding the designation of a member of the Mashpee Water District Board of Water Commissioners as a special municipal employee under the provisions of G.L. c. 268A. The State Ethics Commission deems a town Board of Selectmen to be the authority responsible for designating officers and employees of water districts as “special municipal employees” based upon Advisory No. 84-02.
It was noted that Mr. Marsters company; Prime Properties has two pre-existing connection service agreements with the Mashpee Water District that pre-date his time elected as a Water District Commissioner. Attorney Henchy requested the Selectmen approve the (2) pre-existing connection agreements with the Water District and Prime Properties under the same statute.
Motion made by Selectman Cahalane to vote to designate for the purposes of Chapter 268A, the Mashpee Board of Water District Commissioners as Special Municipal Employee’s and further vote to exempt Prime Properties (2) pre-existing water service agreements with the Mashpee Water District as exempted under the provisions of Chapter 268A Section 20.
Motion seconded by Selectman Cook.
VOTE: 4-1. Motion carries.
Selectman Myers in opposition.
Public Hearing – D’Ambrosio Class II Used Car Dealer’s License:
The Board of Selectmen opened the Public Hearing on the application of Dr. Hugo P. D’Ambrosio to operate a Class II Used Car Dealer’s License at 68 Nicoletta’s Way, Units C and D, Mashpee.
The Hearing notice was read aloud in accordance with posting requirements. It was noted that Dr. D’Ambrosio complied with requirements and obtained a Massachusetts Used Car Dealer’s bond and verified a repair center for any needed repairs to the vehicles that would be housed at 68 Nicoletta’s Way, Units C & D.
Correspondence was received from the Town Planner dated August 5, 2005 relative to the proposed car dealership. Under the provisions of the zoning bylaws, a car dealership is not allowed at 68 Nicoletta’s Way which is zoned I-1 Industrial.
Mr. D’Ambrosio was not in attendance, but requested the Selectmen to continue the hearing to allow him the opportunity to seek relief from the Zoning Board of Appeals. The hearing date was not available for disclosure. It was agreed the application could re-apply for a Class II Used Car Dealer’s License.
Motion made by Selectman Myers to deny without prejudice, the application of Dr. Hugo P. D’Ambrosio to operate a Class II Used Car Dealer’s License at 68 Nicoletta’s Way, Units C and D, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Tribal Discussions:
The Board agreed to form a subcommittee comprised of Selectman liaison John Cahalane, Selectman Don Myers and Town Manager Joyce Mason to meet with Tribal Council representatives to begin preliminary discussions on the federal recognition process.
At this time, the Tribal Council is willing to negotiate with the Town in which the Town would endorse their bid for federal recognition. In exchange for the endorsement, an agreement would be formed to completely protect the Town from any future land suits and further, the Tribe would agree not build any casinos in the Town of Mashpee or on Cape Cod. The process may assist to alleviate concerns from Mashpee residents about federal recognition.
The Federal Bureau of Indian Affairs has agreed to place the federal recognition into active consideration status by October. A final ruling is expected by March, 2007.
APPOINTMENTS AND HEARINGS:
Public Hearing – (cont’d) Conversion of Private to Public Roads;
Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street, Melissa Avenue:
The Board of Selectmen opened the continued 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, Juniper Drive, Lakewood Drive, Linden Road, Maple Street, Melissa Avenue; all plans prepared by Eagle Surveying, Inc., dated December 27, 2000.
The Hearing notice was read aloud in accordance with posting requirements. The new proposal as presented reflected a maximum betterment assessment of $3,616.94 to be borne by 92 property owners.
Catherine Laurent, Assistant DPW Director was present to discuss the revised proposal with the Selectmen and interested citizens. To move forward with the reconstruction plans, the residents are required to submit a second petition prior to the first Monday in February for placement on the May Town Meeting warrant.
The Selectmen opened the Public Hearing to solicit comment.
Ralph Marcelli, Melissa Avenue asked about the length of the road to be paved. It was noted the layout of the plan ends the paved road portion to the end of the Daniels property, 26 Melissa Avenue. Mr. Marcelli made note of MGL, Chapter 88 regarding eminent domain takings and betterments. He agreed to meet with the Town Manager to further discuss the betterment assessment process.
Wayne Tinti, 16 Jones Road indicated that he favors the conversion proposal and asked about the DPW schedule to begin the work.
Barbara Nichols, 23 Melissa Avenue suggested the road paving end at Ned Besse Road where the hydrant is located. Another resident requested the road layout end at the beginning of Melissa Avenue where it intersects with Jones Road.
It was agreed the Selectmen would continue the Hearing to obtain further information and to make adjustments to the road layout of the above referenced road conversion proposal. A new assessment would reflect the maximum allowable charge by the Town of Mashpee for this betterment.
Motion made by Selectman Myers to continue the Public Hearing relative to the Conversion of Private to Public Roads; Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street, Melissa Avenue until such time a new plan is prepared and all necessary information is complete.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Cemetery Commission Update:
Ernest Virgilio, Cemetery Commission Chair was present with Catherine Laurent, Assistant DPW Director to update the Selectmen on current and future expenditures for the Great Neck Woods Cemetery and the Indian Meetinghouse Cemetery.
Proposed expenditures in the amount of $32,900 conform to budgetary constraints for fiscal year 2006. The final top course of pavement is scheduled to be installed at the Indian Meetinghouse Cemetery. Additional columns, fencing, walkways, signage and electricity are proposed for improvement at the Great Neck Woods Cemetery. All other expenditures are routine maintenance issues such as fertilization, weed control, flowers and mulch.
Capital Improvement funding will be requested for an irrigation system.
COMMUNICATIONS AND CORRESPONDENCE:
Falmouth EDIC:
For disclosure, the Town Manager remitted correspondence to the Falmouth Economic Development Industrial Corporation on behalf of the Board of Selectmen in support of regional efforts to create a technology commercialization center for Cape Cod and the potential of expanding our regions industry by creating quality jobs in areas of technology, marine sciences and life sciences.
Emergency Response Plan:
It was noted the Town’s website: www.mashpeema.gov has a link relative to Hurricane Preparedness. All shelters remain the same. A working group is presently updating information regarding emergency response.
OLD BUSINESS:
Review and Execution of Special Town Meeting Warrant:
The Board of Selectmen reviewed the Special Town Meeting Warrant of Monday, October 17, 2005.
Motion made by Selectman Cahalane to approve, execute and endorse the entire content of the October 17, 2005 Special Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Review and Execution of Annual Town Meeting Warrant:
The Selectmen reviewed the articles contained in the Annual Town Meeting Warrant of Monday, October 17, 2005. Tom Fudala, Town Planner was in attendance to provide additional explanation of the zoning articles. The Selectmen considered the following warrant articles;
Article #5: $273,000 from the AFCEE Cranberry Reimbursement Account to the Conservation Lands Maintenance and Improvement Account.
Motion made by Selectman Taylor to remove Article #5 from the Annual Town Meeting warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #12: To Amend the Bylaws – Chapter 150-5; Temporary Repairs on Private Ways.
Motion made by Selectman Taylor to remove Article #12 from the Annual Town Meeting warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Article #13: To Amend MGL, Chapter 40, Section 8J Authorizing the Establishment of a Disability Commission.
Motion made by Selectman Taylor to remove Article #13 from the Annual Town Meeting warrant.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Article #27: To Transfer Title to (2) Lots at #13 & #59 Quashnet Road
to persons or agencies that would construct affordable homes or apartments. The lots have been identified in the Affordable Housing & Planned Production Plan as potential sits for affordable housing.
Article #27 was deferred to the May 2006 Town Meeting.
The Board of Selectmen acted upon the following Petition Articles:
Article #29: The article would extend the existing IC Industrial Overlay District to several parcels at the eastern and western boundaries of said Overlay District.
Motion made by Selectman Cahalane to oppose and not recommend Article #29 for fear of commercialization of Great Neck South, close proximity to the cemetery and the Town is not in the business of economic enhancement to a developer.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Article #30: To see if the Town would delete Article 3, Section 3-1C (Eligibility) of the Mashpee Charter and replace it with; any voter shall be eligible to hold any elective town office provided, however, no person shall simultaneously hold more than on elected town office.
Motion made by Selectman Cahalane to take no position on Article #30.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Board of Selectmen acted upon the following Petition Articles:
Article #31: To Create a 19 Hour Custodian position, Grade II, Step I under the Council on Aging; $10,715.83.
Motion made by Selectman Taylor to not support Article #31, the Selectmen has given viable solutions, employed a cleaning company and has obtained DPW support.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Article #32: To vote to take Jackbon Terrace as a continued public way to water for the purpose of access to Mashpee town moorings in the Narrows and Shoestring Bay; and remove posts, chains and no trespass signs.
Motion made by Selectman Cahalane to not support Article #32, a private property dispute.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Article #33: To prepare a plan laying out and defining “Greenwood” and to appropriate $5,000.
Motion made by Selectman Cook to support Article #33. The article was contained on the May Town Meeting warrant and corrected.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Review and Execution of Annual Town Meeting Warrant: (continued)
The Board of Selectmen acted upon the following petition articles:
Article #34: To prepare a plan and layout defining Regatta Drive and Crestview Circles and appropriate $5,000.
Motion made by Selectman Cook to support Article #34. The article was contained on the May Town Meeting warrant and corrected.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Article #35: To prepare a plan laying out and defining Cayuga Avenue and to appropriate $5,000.
Motion made by Selectman Cahalane to take no position on Article #35, to review the project as a whole and not piecemeal.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Article #36: To accept the layouts as public ways of Cranberry Ridge Road, and to appropriate $53,875.
Motion made by Selectman Myers to support Article #36, as it is properly prepared.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Article #37: To accept the layouts as public ways of Harbor Ridge Road and to appropriate $51,449.
Motion made by Selectman Myers to approve Article #37, as the petition was received and certified.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Planning Board has scheduled a Public Hearing on October 5, 2005 to review the warrant articles.
Town Counsel, Patrick Costello submitted a review of the October Town Meeting Warrant in a memorandum addressed to the Selectmen dated September 9, 2005.
Motion made by Selectman Taylor to approve and execute the Annual Town Meeting Warrant of Monday, October 17, 2005 as amended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Confirmatory Deed and Acceptance of Deed – Willowbend:
Correspondence was received from Town Counsel dated August 16, 2005 regarding the above referenced agenda topic.
Motion made by Selectman Cahalane to approve and execute the Confirmatory Deed, Land Transferred by Willowbend Country Club, Inc. to the Town of Mashpee as referenced.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Reappointments – Nitrogen Management Plan Community Advisory Committee:
The Selectmen were requested to reappoint precinct representatives so they may officially participate in the Nitrogen Management Plan Community Advisory Committee. A vacancy exits in precinct 1.
Motion made by Selectman Taylor to reappoint the following to the Nitrogen Management Plan Community Advisory Committee;
Precinct 2 Edward A. Baker
Precinct 3 Evelyn L. Buschenfeldt
Precinct 4 George F. Green, Jr.
Precinct 5 Kevin F. Harrington
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointments – Blue Ribbon Comprehensive Committee:
The Board of Selectmen received a list of committee/commission designees for appointment to the Blue Ribbon Comprehensive Committee.
Letters of interest for the two member-at-large positions were also considered.
Motion made by Selectman Myers to appoint the following to the Blue Ribbon Comprehensive Committee;
Beverly Kane – Planning Board
Lee Gurney – Planning Board
Zella Elizenberry – Zoning Board of Appeals
Robert Sherman - Conservation Commission
(To serve until Conservation Commission recommendation)
At-Large; Douglas Storrs and John Miller
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Request to Extend Contract – Covanta Energy, Inc.:
Catherine Laurent was present to recommend the Selectmen extend the contract with Covanta Energy, Inc. (formerly American Ref-Fuel, Inc.) to January 1, 2015, provided notice is given to SEMASS by January 1, 2006. The contract extension would guarantee the basic tipping fee paid by the Town would remain unchanged until 2015.
Motion made by Selectman Taylor to approve the extension of the contract with Covanta Energy, Inc. to January 1, 2015 as stipulated.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – Americans with Disabilities Act Committee:
Correspondence was received from the Americans With Disabilities Act Committee dated August 18, 2005 recommending the appointment of Patricia Parolski.
Motion made by Selectman Taylor to appoint Patricia Parolski to the Americans With Disabilities Act Committee as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Ratification of Certification and Confirmation of Appointment Process – Assistant Assessor:
The Board of Selectmen reviewed the Hiring Certification for the Final Candidate, Anthony Podlesney, Jr. to the position of Assistant Assessor. It was noted the job description contained in the informational packet did not contain language regarding experience required. In particular, the requirement for relevant experience in the absence of having a Bachelor’s Degree.
It was agreed the matter was considered a typo. The applicant is well qualified for the position and meets all job qualifications. All other compliance requirements have been met in accordance with the Hiring Certification.
Motion made by Selectman Cook to ratify and certify the appointment of Anthony Podlesney, Jr. as Assistant Assessor; subject to review of the amended job description.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Ratification of Appointment to Cultural Council:
Effective August 29, 2005, the Town Manager appointed Kathleen A. Moore to the Cultural Council through June 30, 2008. The appointment was made to conform to deadline requirements to apply for grant funding.
Motion made by Selectman Cahalane to ratify the appointment of Kathleen A. Moore to the Cultural Council through June 30, 2008.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Conservation Commission Associate Member:
Correspondence was received from Carol A. Moore dated August 11, 2005 resigning from the Conservation Commission.
Motion made by Selectman Taylor to accept the resignation of Carole A. Moore from the Conservation Commission.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Request to Change Location of Town Meeting from Quashnet School to Mashpee High School:
The Selectmen discussed the positives regarding hosting Town Meeting at the Mashpee High School in comparison to the Quashnet School gymnasium. Discussion followed with respect to handicap access and the overflow mechanism that would recognize and monitor citizens in the overflow area.
Motion made by Selectman Myers to host Town Meeting at the Mashpee High School, beginning in October 2005 unless there are compelling reasons not to.
Motion seconded by Selectman Cahalane.
VOTE: 4-1. Motion carries.
Selectman Taylor in opposition.
NEW BUSINESS:
Wynn & Wynn – Notice of Intent to Sell or Convert to Other Use – New Seabury Properties, LLC:
Correspondence was received from Wynn & Wynn, P.C. dated August25, 2005 relative to the Flat Pond definitive subdivision. The land referred to on Assessor’s Map 126, Parcel 53 consists of approximately 3.5 acres.
The Selectmen in accordance with MA General Laws have the first right of refusal for the subject property. It was agreed the matter would be deferred to the next scheduled meeting to obtain a value of said land.
Ratification of Special Permit – Mashpee Rod & Gun Club:
The Mashpee Wampanoag Rod & Gun Club requested two additional dates to add to their liquor license dates for 2005. The requested dates were approved by the Town Manager since the Selectmen did not hold their regular meeting on August 29, 2005.
Motion made by Selectman Myers to ratify the liquor license dates of September 11, 2005 and September 24, 2005 for the Mashpee Wampanoag Rod & Gun Club.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
Acceptance of Resignation – Conservation Commission Department:
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 correspondence was received from Pauline Beaulieu resigning from the Conservation Commission Department effective October 4, 2005.
Motion made by Selectman Taylor to approve the resignation of Pauline Beaulieu from the Conservation Commission Department as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Cook to adjourn at 8:56 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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