AGENDA
BOARD OF SELECTMEN
MONDAY, SEPTEMBER 26, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the following:
Monday, September 12, 2005 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Assistant Director – Department of Public Works
- Recommendation for Bid Acceptance – Trash Removal
- Proposed Detour for Lowell Road Reconstruction
- Proposed Equipment Rates for 2005-2006 Snow & Ice
6:50 Director of Assessing
- Request to Defer Street Betterment Taxes on Town Owned Properties
- Request to Abate Betterment Taxes on Conservation Commission Properties
Town of Mashpee Owned Properties
7:00 Joint Meeting - Bylaw Review Committee
Public Hearing – Proposed Bylaw Changes
COMMUNICATIONS & CORRESPONDENCE
1) Proposed Barnstable 40B at Route 28/ Noisy Hole Road
2) Cape Light Compact – “Change a Light, Change the World”
3) Cape Cod Metropolitan Planning Organization
OLD BUSINESS
1) Wynn & Wynn – Notice of Intent to Sell or Convert to Other Use – New Seabury Properties, LLC
NEW BUSINESS
1) Request of Rotary Club – One Day Wine & Malt License
2) Certification and Confirmation of Appointment Process – Payroll Administrator
3) Proclamation – United Nations Day
4) Approval of Verizon Petition #05-505 – Placement of Conduit and Pedestal on Meetinghouse Road
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
September 26, 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, September 12, 2005 Regular Session:
Minutes Amended to reflect on page twelve; Recommendation for Appointments – Blue Ribbon Committee: Selectman Cook stepped down for discussion and was absent for the vote regarding the referenced appointments.
Motion made by Selectman Cook to approve the minutes of Monday,
September 12, 2005 as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Request of Rotary Club – One Day Wine & Malt License:
Representatives of the Rotary Club of Mashpee were present to request the Selectmen approve a one day beer and wine license for Oktoberfest on Saturday, October 8, 2005 with a rain date of October 9, 2005. The annual event would be held in Mashpee Commons from 11:00 a.m. until 5:00 p.m.
Motion made by Selectman Cahalane to approve a One Day Wine & Malt License to the Rotary Club of Mashpee on October 8, 2005 with a rain date of October 9, 2005 for the annual Oktoberfest as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
Assistant Director – Department of Public Works:
Recommendation for Bid Acceptance – Trash Removal:
Catherine Laurent, Assistant Director recommended the Board award the bid for services associated to the trash collection at Town buildings to Allied Waste Services of Cape Cod d/b/a BFI Waste Services of Cape Cod located in South Yarmouth for year-one of the waste services contract. The year-one term of the contract period commences on November 1, 2005.
Motion made by Selectman Cahalane to award the Trash Collection bid to Allied Waste Services of Cape Cod d/b/a BFI Waste Services of Cape Cod for Year-One as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Proposed Detour for Lowell Road Reconstruction:
Reconstruction work on Lowell Road from approximately Asher’s Path West to Old Barnstable Road is scheduled to begin on Columbus Day, October 10, 2005. To facilitate construction, the DPW has proposed to detour one lane of traffic from Lowell Road during work hours only. A map of the proposed detour was presented to the Selectmen at their meeting.
Motion made by Selectman Cahalane to accept the proposed detour for Lowell Road as outlined by the DPW amending the start date of construction to Tuesday, October 11, 2005.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Proposed Equipment Rates for 2005-2006 Snow & Ice:
Correspondence was received from the Department of Public Work dated September 20, 2005 outlining proposed equipment rates for the 2005-2006 snow and ice season. An increase of $5.00 is proposed to remain competitive with adjacent municipalities. The rate has not changed since 2002.
Discussion followed with respect to increased gas prices for the upcoming winter season. It was agreed a fuel surcharge would be added to the increased 2005-2006 rates to remain equivalent with other communities.
Motion made by Selectman Myers to accept the proposed Equipment Rates for 2005-2006 Snow & Ice as outlined in the DPW memorandum of September 20, 2005 that would include a $5.00 per hour increase for fuel surcharge effective for this season to be re-evaluated at the end of 2006.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Approval of Verizon Petition #05-505 – Placement of Conduit and Pedestals on Meetinghouse Road:
The above Verizon Petition would provide 820’ of conduit and two pedestals on Meetinghouse Road in order to provide telephone service to the Indian Meetinghouse. A public hearing was conducted without objection. The Selectmen were requested to approve the petition as presented.
Motion made by Selectman Cook to approve Verizon Petition #05-505 to place conduit and pedestals on Meetinghouse Road.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Director of Assessing – Request to Defer Street Betterment Taxes on Town of Mashpee Owned Properties:
John Duffy, Director of Assessing was present to request the Selectmen’s approval to permanently defer apportioned and un-apportioned street betterment taxes on properties that are owned or have been taken over by the Town of Mashpee, unless and until such properties are sold by the Town to a private owner. Currently, they show up on the tax roll as street betterment taxes due, and need to be abated, along with the betterment itself, until sold to a taxable entity. The matter was deemed a bookkeeping issue.
Motion made by Selectman Taylor to approve to permanently defer apportioned and un-apportioned Street Betterment taxes on properties that are owned or have been taken by the Town of Mashpee as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Approval to Abate Street Betterment Taxes on Town of Mashpee Conservation Commission Properties:
The Mashpee Assessing Office is seeking to abate apportioned and un-apportioned street betterment taxes on properties that are owned or have been taken over by the Town of Mashpee’s Conservation Commission. Currently, they show up on the Town’s tax roll as street betterment taxes due, and need to be abated, along with the betterment itself. Another matter associated to bookkeeping procedures.
Motion made by Selectman Taylor to approve to abate apportioned and un-apportioned Street Betterment taxes that are owned or have been taken over by the Town of Mashpee’s Conservation Commission.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Cape Light Compact – “Change a Light, Change the World”:
The Cape Light Compact is coordinating the Change a Light, Change the World campaign in conjunction with the Environmental Protection Agency and the Department of Energy. The Selectmen were requested to adopt their proclamation as part of the Cape Light Compact’s Fall Air Conditioner and Dehumidifier Turn-In Events scheduled in October.
On September 7, 2005, the Barnstable County Commissioners announced that October 5, 2005 would be declared “Energy Star Change a Light, Change the World Day” in conjunction with the national campaign.
Motion made by Selectman Taylor to adopt the proclamation approved by the Barnstable County Commissioners and declare October 5, 2005 as “Energy Star Change a Light, Change the World Day.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Cape Cod Metropolitan Planning Organization:
Correspondence was received from the Cape Cod Commission (CCC) dated September 19, 2005 regarding membership to the Cape Cod Metropolitan Planning Organization (MPO). The Selectmen were requested to appoint two members to serve on the organization which allocates federal transportation funds for planning and construction projects.
Motion made by Selectman Cahalane to nominate Selectman Green and Selectman Taylor for appointment to the MPO to caucus with Sub-region A: the Town’s of Bourne, Falmouth and Sandwich and Cape Cod as a whole.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The nominations are due on September 29, 2005. The Cape Cod Commission will compile the lists of nominees for each sub-region and distribute ballots to each Selectman in early October.
Selectmen’s Email Addresses:
It was noted the Board of Selectmen’s Email Addresses would be posted on the Town’s website: www.mashpeema.gov.
Selectmen’s Meeting Calendar:
The Selectmen’s Meeting Calendar through May 2006 was distributed.
OLD 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 August 25, 2005 regarding the Flat Pond definitive subdivision on the following parcel; Map 126, Parcel 53, consisting of approximately 3.5 acres of land.. The estimated value determined by impartial appraisal is $2,000,000. The Board of Selectmen has the right of first refusal.
Motion made by Selectman Taylor to vote to not exercise the right of first refusal option as reflected above.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Cahalane abstained.
Certification and Confirmation of Appointment Process – Payroll Administrator:
For the Selectmen’s review was the Hiring Certification for the final candidate of Payroll Administrator to the Treasurer’s Office. The work information was verified and all posting requirements have been met.
Motion made by Selectman Myers to certify and confirm the appointment of Katherine Milligan as Payroll Administrator at the Step 1 pay scale.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Proclamation – United Nations Day:
Motion made by Selectman Taylor to proclaim October 24, 2005 as United Nations Day in the Town of Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Joint Meeting – Bylaw Review Committee:
Public Hearing – Proposed Bylaw Changes:
Bylaw Review Committee member Ed Larkin was present to review the Report of the Bylaw Review Committee pursuant to Article 8, Section 8-5(a) of the Home Rule Charter. The Report was revised and amended as needed for conformance purposes and will be presented to the voters at the October 17, 2005 Special Town Meeting.
Several meetings were conducted under the supervision of Town Counsel, Patrick Costello who was also in attendance. Two members of the Board, Selectman Myers and Selectman Taylor served on the seven member committee. The report in its entirety can be found of the Town’s website. It will also be published in the Mashpee Enterprise and will be available at Town Hall for review. The Selectmen expressed appreciation to the Bylaw Review Committee for their efforts to prepare the document to bring existing General Bylaws into conformity with the provisions of the Mashpee Home Rule Charter and to fully implement the terms and conditions of the Charter.
COMMUNICATIONS AND CORRESPONDENCE:
Proposed Barnstable 40B at Route 28/Noisy Hole Road:
Tom Fudala, the Town Planner was present to discuss his memorandum of September 21, 2005 regarding a 40B application for a proposed 128 lot single-family subdivision on 50 acres surrounded on 4 of its 5 sides by the Town of Mashpee. The proposed subdivision is located opposite the former Augat building and would be accessed by Noisy Hole Road.
It was agreed that representatives of the Town of Mashpee would attend the public hearing on Wednesday, September 28th at the Barnstable Town Hall to ensure concerns are addressed.
It was noted the Barnstable planning staff anticipates negotiating issues such as traffic and water quality studies with the developer and then would be determining what type of studies would be required. They requested representation from Mashpee to participate in those negotiations. Mr. Fudala was requested to attend the hearing.
Town Meeting at Mashpee High School:
The Selectmen made note of a letter from Robert Wooldridge regarding the use of the Mashpee High School for Town Meeting. It was noted the Fire Chief and Building Inspector have deemed the building a safe location with ample room and compliance for handicap access.
Adjournment:
Motion made by Selectman Myers to adjourn at 7:31 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing potential land acquisition. 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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