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November 7, 2005
AGENDA
        BOARD OF SELECTMEN
MONDAY, NOVEMBER 7, 2005


6:00 p.m. - Convene Meeting - Conference Room 1

        MINUTES

Acceptance of the following:

Monday, September 26, 2005 Regular and Executive Sessions
Monday, October 17, 2005 Regular Session

APPOINTMENTS & HEARINGS
6:00    Public Comment
        Introduction of Mashpee Police Sergeant Rose
6:10    Government Consulting Group – Presentation by Jared Clark
        6:40    Superintendent Bradshaw – School Department Update
        7:00    Public Hearing – Livery License Application – Thomas L. Stanton, Jr.
        7:10    Cape Cod Commission – Sharon Rooney – Joint Land Use Study Update
        7:25    Request of Mashpee Wine & Spirits, Inc., - Change of Manager

COMMUNICATIONS & CORRESPONDENCE

OLD BUSINESS

NEW BUSINESS

1)      Certification and Confirmation of Appointment Process – Police Officers (2)
2)      Recommended Update for Snow Removal Policy
3)      Recommendation for Bid Acceptance – Plymouth Regional Salt Bid #2533
4)      Request of Library Board of Trustees – New Library Sign
5)      Recommendation for Appointment – Historic District Study Committee
6)      Recommendation for Appointment –
                Nitrogen Management Plan Community Advisory Committee
7)      Recommendation for Appointment – Blue Ribbon Comprehensive Committee –
        Conservation Representative
8)      Review and Execution of Purchase & Sales Agreement – Mashpee Place
9)      Recommendation for Bid Acceptance – Historical Consultant
10)     Acceptance of Resignations (2) – Affordable Housing Committee
11)     Correspondence from JP Transportation, Inc., d/b/a Mashpee Taxi & Sapphire Limousine
12)     Request for Pay Differential – Local Inspector
13)     Correspondence from Town Manager – Holiday Schedule

MMR ISSUES

EXECUTIVE SESSION

Board of Selectmen
Minutes
November 7, 2005

Present:        Selectman Green, Selectman Taylor, Selectman Myers, Selectman Cook
                Town Manager Joyce Mason

Absent: Selectman Cahalane

                Meeting Called to Order by Chairman Green at 6:00 p.m.
                Town Hall, Conference Room #1

                MINUTES:

                Monday, September 26, 2005 Regular and Executive Sessions:

                Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, September 26, 2005 as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Monday, October 17, 2005 Regular Session:

Motion made by Selectman Myers to approve the Regular Session
Minutes of Monday, October 17, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

APPIONTMENTS AND HEARINGS:

Public Comment:

Mrs. Penny’s second grade class launched the meeting with the pledge of allegiance and in high spirits, the K.C. Coombs school song.

Introduction of Mashpee Police Sergeant Rose:

Rodney Collins, Chief of Police introduced newly promoted Mashpee Police Sergeant Tom Rose to the Board of Selectmen.

                Government Consulting Group – Presentation by Jared Clark:

Jared Clark, Government Consulting Group outlined the executive summary of the Classification & Compensation Study for the Town of Mashpee.

The organizational review for increased efficiency included; increased efficiencies in communication regarding development review and shared use of information technology by creating a department of Community Development, Planning and Environmental Management such as GIS and GeoTems land management systems.  The review supported the formation of a Finance Department, but assigned the Information Technology Director to report to the Town Manager.  Recommendations include the consolidation of Council on Aging services within the Department of Leisure Services and implemented the Charter requirement for a contemplated and consolidated facilities maintenance including schools within the Department of Public Works.  The net increase is two job descriptions; GIS Coordinator and Cash Manager, but no overall increase in the number of positions employed by the Town.

General findings of the classification and compensation study noted that 25 positions at maximum pay were more than 5% above the market average and 27 positions at maximum pay were greater than 5% below the market average.  The estimated implementation cost to bring the lower positions to market average is $103,000.

The Selectmen agreed to conduct a workshop session in Executive Session with Mr. Clark to further review the classification and compensation study.  It was noted that Mr. Clark is meeting with the Town employee’s this week to share the results of the study.

COMMUNICATIONS AND CORRESPONDENCE:

MMA Meetings:

The Town Manager announced the upcoming fall regional meeting of the Massachusetts Municipal Association and annual MMA winter meeting.  The Selectmen’s Office is accepting registration for all Board of Selectmen members who wish to attend.

                Council on Aging – Request for Seminar:

The Selectmen agreed to request the Council on Aging consider a seminar for seniors on new Medicare proposals.  The request of the Selectmen will also be forwarded to the Human Services Director for input.

NEW BUSINESS:

Certification and Confirmation of Appointment Process – Police Officers (2):

Police Chief Collins was present to recommend the Selectmen appoint two police officers at Step 1 in accordance with the Town of Mashpee’s Hiring Certification.  Joyce Mason, Town Manager recommended approval noting that all posting requirements and procedures have been met.

Motion made by Selectman Cook to confirm and certify the appointments of Meredith R. Allen and John Petrosh as Police Officers as submitted.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.

Recommended Update for Snow Removal Policy:

The Department of Public Works presented amendments to Snow Removal Policy No: 014 for the Selectmen’s review and approval.  In particular, Item #8 would include; The DPW shall not be responsible for damages to mailboxes or other objects, and Item #9 Road treatment of sand and salt will be provided on an add needed basis to Town owned buildings including, and Kids Klub.

Motion made by Selectman Taylor to approve the recommended amendment to the Snow Removal Policy as presented.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Recommendation for Bid Acceptance – Plymouth Regional Salt Bid #2533:

Greg Taylor, Director of Public Works recommended the Board approve the bid received from the Town of Plymouth for regional salt that includes road salt, ice ban and liquid calcium chloride.  The Town is expected to save $4.79 per ton for road salt.  Last years cost was $51.34 per ton.

Motion made by Selectman Myers to accept Plymouth Regional Salt Bid #2533 as outlined in the memorandum dated October 17, 2005.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Request of Library Board of Trustees – New Library Sign:

Correspondence was received from the Library Board of Trustees dated October 27, 2005 requesting the Selectmen waive the $100 application fee for the new Library sign.  The design and placement of the sign has been approved by the Library Board of Trustees, the Design Review Committee, Mashpee Building Department and Mashpee Commons.
The sign is intended to be erected on the corner of Steeple Street and Job’s Fishing Road.

The Selectmen were requested to waive the fee and approve the sign placement.  Discussion followed with respect to the sign proposal and related sponsorship.  The matter was tabled for the Town Manager’s further review.

Recommendation for Appointment – Historic District Study Committee:

The Town Planner remitted communication to the Selectmen in a memorandum dated September 29, 2005 requesting the appointment of Walter Yarosh to the Historic District Study Committee.  The nomination of Mr. Yarosh would satisfy the criteria for an architect.  Mr. Yarosh is also a member of the Design Review Committee.

The Mashpee Historical Commission voted to recommend the following for membership to the Historic District Study Committee; Paula Peters, Lee Gurney, and Gail Slattery.  The Selectmen were requested to appoint two members.  The seven member committee will work with the Planning Department in assessing the viability of one or more local historic districts in Mashpee’s traditional town center.  Curtis Frye, Earle Mills, Sr. and Chance Reichel were reappointed on July 1, 2005 for one year terms.

Motion made by Selectman Taylor to appoint Walter Yarosh, Lee Gurney and Gail Slattery to the Historic District Study Committee
for a term to expire; June 30, 2006.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.

APPOINTMENTS AND HEARINGS:

Superintendent Bradshaw – School Department Update:

Ann Bradshaw, Superintendent of Schools gave an update to the Selectmen on school activities.  Enrollment as of October 1, 2005 is 2043 students.  The largest class sizes are found in kindergarten, grade 3 and in grades 5 and 6.  It was noted that the Town Manager and Selectman Don Myers attended a recent strategic planning session that gave emphasis to effective teaching, class size and technology in the schools.  Public comment is anticipated to be obtained prior to the finalization of the study.

Capital improvement program requests for fiscal year 2006 include improvements associated to network infrastructure, phase 1 of a three-phase flooring plan to replace carpet and tile at the K.C. Coombs and Quashnet schools and the K.C. Coombs school road bond realignment and parking lot project.  The School Committee is expected to prioritize the CIP budget request for FY07 at their November meeting.  Network and technology improvements were discussed and will be recommended for capital improvement program funding.

Ms. Bradshaw announced the achievement of School Committee Chair Janice Mills who was recently recognized as a recipient of the Department of Education’s Lifetime Achievement Award for thirty years of dedication and service to the Town of Mashpee school system.

NEW BUSINESS:

Recommendation for Appointment – Nitrogen Management Plan Community Advisory Committee:

The Mashpee Historical Commission at their meeting of September 27, 2005 voted to recommend the appointment of Joseph Slattery to the Nitrogen Management Plan Community Advisory Committee.

Motion made by Selectman Myers to appoint Joseph Slattery to the Nitrogen Management Plan Community Advisory Committee as recommended.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Recommendation for Appointment – Blue Ribbon Comprehensive Committee – Conservation Representative:

Selectman Cook stepped down for the above referenced appointment.

Correspondence was received from the Conservation Agent dated October 21, 2005 recommending the appointment of John Miller to the Blue Ribbon Comprehensive Committee.

Appointment of Member-At-Large – Blue Ribbon Comprehensive Committee:

Late filed correspondence was received from Ted Theis requesting to be appointed to the Blue Ribbon Comprehensive Committee.

Motion made by Selectman Taylor to appoint John Miller to the Blue Ribbon Comprehensive Committee as Conservation representative and Ted Theis to the Blue Ribbon Comprehensive Committee as Member-At-Large.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  3-0.
Selectman Cook abstained.

Review and Execution of Purchase & Sales Agreement – Mashpee Place:

The Board of Selectmen reviewed the Purchase & Sales Agreement as edited by Town Counsel Patrick Costello for Mashpee Place, land situated on Great Neck Road and Falmouth Road, Mashpee.

Motion made by Selectman Myers to approve and authorize the Chairman of the Board of Selectmen to execute on behalf of the Town of Mashpee, the Purchase & Sales Agreement for the acquisition of the Mashpee Place property.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Recommendation for Bid Acceptance – Historical Consultant:

In response to the Request for Proposal to assist the Town’s Historic District Study Committee and Planning Department in evaluating and implementing appropriate historic protection measures, the proposal submitted by the Public Archaeology Laboratory, Inc. (PAL) met all four of the minimum criteria and received an advantageous rating on each criteria.  The firm is located in Pawtucket, Rhode Island and has completed many projects in the Town of Mashpee.

Motion made by Selectman Taylor to accept the bid for Historical Consultant from Public Archaeology Laboratory for a sum not to exceed $12,000.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

APPOINTMENTS AND HEARINGS:

Public Hearing – Livery License Application – Thomas L. Stanton, Jr.:

The Board of Selectmen opened the Public Hearing on the application of Thomas L. Stanton, Jr., for a Livery License for One Vehicle to be exercised at 4 Orchard Road, Mashpee.

The hearing notice was read aloud in accordance to posting requirements.  Thomas Stanton was present to discuss the license application with the Board of Selectmen.

Being no comment, the Board motioned to close the Public Hearing.

Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Joyce Mason, Town Manager recommended the Selectmen approve the license pending the Police Department’s vehicle inspection and applicant’s insurance certification.

Motion made by Selectman Myers to approve the application of Thomas L. Stanton, Jr., for a Livery License for (1) vehicle to be exercised at 4 Orchard Road, Mashpee contingent upon passing the annual police department inspection and obtaining insurance certification for said vehicle.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Cape Cod Commission – Sharon Rooney – Joint Land Use Study Update:

Sharon Rooney; Cape Cod Commission and Brian Nickerson; Environmental Readiness Center were present to update the Selectmen on the Massachusetts Military Reservation Joint Land Use Study (JLUS).The JLUS study area consists of land areas between the base boundary and major roadways surrounding the base, as well as Accident Potential Zones and noise contours.  The Clear Zone (CZ), the area closest to the end of runways, has the highest potential for an aircraft accident.  Noise contours illustrate the noise exposure of current aircraft operations.

The goal of the JLUS program is to ensure that future community growth and development are compatible with the training and operation missions of the installation, and to seek ways to reduce the operational impacts of military installations on adjacent land.  It was noted that the Town of Mashpee has one or more proposed Chapter 40B projects within safety zones and contours.  Several sites are also identified by the town for potential development of affordable housing and potential residential development.  It was recommended that acquisition or purchase of development rights or easements should be considered for any properties in the Clear Zone or Accident Potential Zone (APZ1) where clustering is not feasible.

General recommendations of the October 2005 study include; land use general restrictions/acquisition, water supply and wastewater infrastructure, transportation infrastructure, personal wireless communications facilities, communication, base access, and air safety and noise.  The Selectmen agreed to forward the report to the Planning Board for comment.  The matter will be placed on a future Selectmen’s agenda for additional review.

Request of Mashpee Wine & Spirits, Inc., - Change of Manager:

Selectman Cook stepped down for the above referenced agenda topic review.

Arthur DePaul, Mashpee Wine & Spirits was present to request the Selectmen approve a Change of Manager for the referenced establishment.  Mashpee Wine & Spirits, Inc. holds a Liquor License which is pledged to Best Buy Beverage, Inc.  Best Buy Beverage, Inc. has exercised its rights under the pledge agreement with Mashpee Wine & Spirits, Inc., and wishes to remove Jeff Fields as manager and designate Arthur W. DePaul, President of Best Buy Beverage, Inc. as Manager.

Motion made by Selectman Taylor to approve the Change of Manager from Jeff Fields to Arthur W.  DePaul, Manager, Mashpee Wine & Spirits.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  3-0.
Selectman Cook abstained.

NEW BUSINESS:

Acceptance of Resignations (2) – Affordable Housing Committee:

The Board of Selectmen was in receipt of two resignations from the Affordable Housing Committee.

Motion made by Selectman Taylor to accept the resignation from Trudi Ide and Louise Patrick from the Affordable Housing Committee.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.

Correspondence from JP Transportation, Inc., d/b/a Mashpee Taxi & Sapphire Limousine:

Correspondence was received from J.P. Transportation d/b/a Mashpee Taxi and Sapphire Limousine announcing they will no longer be an active company operating from the Town of Mashpee as of November 1, 2005.  However, Mashpee Taxi will continue to operate its’ Mashpee Taxi, Falmouth license from the Town of Falmouth.

Motion made by Selectman Taylor to cancel the license of J.P. Transportation d/b/a Mashpee Taxi and Sapphire Limousine effective immediately.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Request for Pay Differential – Local Inspector:

The Selectmen were in receipt of a pay differential request for Charles Maintanis who has been performing duties as Building Inspector since September 12, 2005 due to Rich Steven’s absence.  Mr. Steven’s is due back to work on October 17, 2005.

Motion made by Selectman Myers to approve the Pay Differential of Charles Maintanis for duties as Building Inspector from September 12, 2005 to October 17, 2005.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Correspondence from Town Manager – Holiday Schedule:

The Town Manager remitted communication to the Selectmen in a memorandum dated November 1, 2005 regarding the day after Thanksgiving.  The day after Thanksgiving is a recognized holiday for all but two unions, Administrators and Fire.  The Selectmen were requested to consider closing all municipal buildings with the exception of public safety operations on Friday, November 25, 2005.

Discussion followed.  It was agreed the Selectmen would continue to discuss this matter in Executive Session.

Adjournment:

Motion made by Selectman Taylor to adjourn at 7:40 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations.
The Board will resume in Open Session following discussion.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Roll Call Vote:
        Selectman Green, yes            Selectman Taylor, yes
        Selectman Myers, yes            Selectman Cahalane, absent
        Selectman Cook, yes                     Opposed, none

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen
Meeting Resumed: 8:03 p.m.

NEW BUSINESS:

Correspondence from Town Manager – Holiday Schedule: (continued)

Correspondence was received from the Town Manager dated November 1, 2005 recommending the Selectmen close all municipal buildings with the exception of public safety operations on Friday, November 25, 2005, the day after Thanksgiving.

The Selectmen indicated they have decided not take any action on the proposal.

Adjournment:

Motion made by Selectman Taylor to adjourn at 8:04 p.m.
The Board will enter into Executive Session for the purpose of discussing potential litigation.  The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Roll Call Vote:
        Selectman Green, yes            Selectman Taylor, yes
        Selectman Myers, yes            Selectman Cahalane, absent
        Selectman Cook, yes                     Opposed, none


Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen