AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 19, 2005
6:30 P.M. – Convene Meeting – Town Hall Conference Room 1
MINUTES
Acceptance of the following:
Monday, December 5, 2005 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Shellfish Regulations
6:50 Department of Public Works
- Conversion of Private Roads
- Lakewood Drive
COMMUNICATIONS & CORRESPONCE
1) Americans with Disabilities Act Committee
2) Division of Marine Fisheries
3) Barnstable County Commissioners – Wastewater Collaborative
OLD BUSINESS
NEW BUSINESS
1) Execution of Order of Taking – Cranberry Ridge
2) Execution of Order of Taking – Harbor Ridge
3) Review and Execution of Land Transfer Deed – Orchard Road
4) Recommendation for Appointment – Leisure Services Advisory Council
5) Review and Execution of Deed Acceptance – Callis Property
6) Approval of Verizon Petition Nos. 05-034 and 05-031 – Lowell Road
7) Certification and Confirmation of Appointment Process – Patrol Officer
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 19, 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, December 5, 2005 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, December 5, 2005 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Certification and Confirmation of Appointment Process – Patrol Officer:
Selectman Green stepped down for the above referenced appointment. Vice-Chairman Taylor presided.
Rodney Collins, Chief of Police was present to recommend the appointment of William J. Cuozzo of Mashpee to the position of Police
Patrol Officer at Step 1 effective January 9, 2006. It was noted that all hiring procedures have been met in accordance with the Town of Mashpee Hiring Certification for the Final Candidate.
Motion made by Selectman Cahalane to certify and confirm the appointment of William J. Cuozzo to the position of Police Patrol Officer as recommended and designate Selectman Taylor to execute the Hiring Certification on behalf of the Chairman.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
COMMUNICATIONS AND CORRESPONDENCE:
Americans with Disabilities Act Committee:
Correspondence was received from the Americans with Disabilities Act Committee dated December 8, 2005 expressing appreciation to Kathleen Moore, Administrative Assistant to the Board of Selectmen for outstanding support to the ADA Committee in ensuring the committee’s initiatives were successfully introduced at the October 2005 Town Meeting.
It was agreed, a letter of recognition will be submitted to Ms. Moore in appreciation to her efforts to enable attendees with hearing or vision disabilities to participate equally in Town Meeting for the first time. The letter will be retained in Ms. Moore’s personnel file.
Division of Marine Fisheries:
Late-filed correspondence was received from the Division of Marine Fisheries dated December 13, 2005 regarding a three-year moratorium on the harvest, possession, and sale of river herring in response to severe population declines in the Commonwealth. Regulations shall be implemented by January 1, 2006.
The Selectmen agreed to forward the advisory to Perry Ellis, Herring Warden for input and review. The Chief of Police will also be consulted regarding police detail and enforcement. Questions regarding funding, the matter of aboriginal rights and related gate closure was considered by the Board and will be addressed at the next meeting.
Barnstable County Commissioners – Wastewater Collaborative:
The Selectmen were requested to appoint a representative to the Cape Cod Water Protection Collaborative to ensure water quality decisions are made collectively. Correspondence was received from the Barnstable County Commissioners dated December 14, 2005 with respect to this regard.
One of the primary goals of the Collaborative is to seek state and federal funding sources for assisting towns with wastewater projects. There is no cost to the Town to participate.
A representative from the Sewer Commission was deemed appropriate to represent the Town of Mashpee. The first meeting of the Collaborative is Wednesday, February 1, 2006. It was agreed the matter would be placed on the Selectmen’s agenda for continued discussion with Tom Fudala.
APPOINTMENTS AND HEARINGS:
Public Hearing – Shellfish Regulations:
The Board of Selectmen opened the Public Hearing on proposed revisions to the Mashpee Shellfish Regulations to allow for the taking of oysters year-round for non-commercial purpose only. The harvest limit would be one peck per week.
The Hearing notice was read aloud in accordance to posting requirements.
Richard York, Shellfish Warden was present to discuss the amendment. It was noted the Shellfish Commission also voted to recommend the changes to the Board of Selectmen for final approval.
Mr. York was pleased to inform the Selectmen that oysters in the propagation program have grown to the 3” minimum harvest size. He extended appreciation to Americorps for their assistance. It was also noted that there has not been an oyster fishery in Mashpee since 1986.
Harvesting oysters removes the nitrogen contained in the oysters and mitigating eutrophication. The goal of the department is to increase the number of oysters each year. A harvest of an estimated one million oysters would remove approximately 500 kg of nitrogen annually. This is 10% of the target for nitrogen reduction in the Mashpee River.
Mr. York indicated that more than 100,000 oysters have grown from the 2004 spat. They are moving them to the area around Mashpee Neck Landing for harvest starting January 1, 2006. Details of the propagation can be found on the Town’s website www.mashpeema.gov.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to adopt the Mashpee Shellfish Regulations as amended and effective January 1, 2006.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Department of Public Works:
Conversion of Private Roads:
Gregory Taylor, Director of Public Works discussed his memorandum of December 6, 2005 relative to the conversion of private roads with the Board of Selectmen.
Mr. Taylor recommended the Selectmen consider Cape Drive as the first conversion due to the disrepair. Cape Drive is also the heaviest traveled private connector road in the Town of Mashpee.
A funding source was identified in the legal/engineering/consulting budget for the conversion of Cape Drive. Mr. Taylor was requested to provide the Selectmen with a detailed cost estimate at the next meeting. Town Counsel would be consulted regarding the area condominiums as it relates to the betterment assessment process.
A list of subdivision roads that should be considered for private conversion in the John’s Pond area between Algonquin Avenue and Old Brickyard Road was detailed in the memorandum of December 6, 2005.
The Selectmen agreed to schedule a Public Hearing to solicit comment.
In response to the demands of the petitioners regarding a change of scope,
a betterment in the amount of $3,616.94 was presented to the Selectmen for approval. The referenced sum is estimated to be borne by 92 property owners. It is the maximum allowable charge by the Town of Mashpee for the Lakewood Roads Account betterment.
Being no comment, the Selectmen agreed to close the Public Hearing.
Motion made by Selectman Taylor to close the Lakewood Drive Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was disclosed that it would be necessary for the area residents of Lakewood Drive to submit a second petition to the Selectmen for the matter to go to Town Meeting for final approval.
Motion made by Selectman Myers to accept the Betterment Cost Estimate for the Lakewood Roads Account and related plans for an estimated cost of $3,616.94 per property owner.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Execution of Order of Taking – Cranberry Ridge:
The Selectmen reviewed the Order of Taking for Cranberry Ridge that was voted upon at the October 2005 Town Meeting.
Motion made by Selectman Taylor to approve and execute the Order of Taking for Cranberry Ridge Road.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Execution of Order of Taking – Harbor Ridge:
The Board of Selectmen reviewed the Order of Taking for Harbor Ridge Drive. The layout was accepted by a vote of Town Meeting on October 17, 2005.
Motion made by Selectman Taylor to approve and execute the Order of Taking for Harbor Ridge Drive.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Review and Execution of Land Transfer Deed – Orchard Road:
The Board reviewed the Quitclaim Deed relative to the construction of Orchard Road, Mashpee. It was disclosed the Agreement has been reviewed and approved by Town Counsel Patrick Costello and by counsel representing NStar Electric.
Motion made by Selectman Taylor to approve and execute the Land Transfer – Orchard Road; Quitclaim Deed as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Leisure Services Advisory Council:
Correspondence was received from Gus Frederick, Director of Leisure Services dated November 29, 2005 recommending the appointment of Douglas Goff to serve on the Leisure Services Advisory Council.
The appointment was deferred to verify residency. The matter will be placed on the next Selectmen’s agenda.
Review and Execution of Deed Acceptance – Callis Property:
It was disclosed the Conservation Commission agreed to purchase the Kenneth G. Callis property, a parcel of land surrounded by the Santuit River conservation area. Funds in the amount of $16,100 for said purpose would derive from the Conservation Lands Account. Confirmation of good title was received from Town Counsel. The Selectmen were requested to accept the deed.
Motion made by Selectman Taylor to approve and execute the Quitclaim Deed for property shown on Assessors Map 70, Parcel 77, Quinaquisset Avenue and Map 70, Parcel 125, Tonawanda Road for Town of Mashpee Conservation purposes.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Approval of Verizon Petition Nos. 05-034 and 05-031 – Lowell Road:
A utility pole hearing was held for Lowell Road on the relocation of (3) poles for road widening and the relocation of (2) poles for the relocation of Lowell Road, a total of (5) poles. It was recommended a police detail be utilized for Petition No. 05-034.
Motion made by Selectman Cook to approve Verizon Petition No. 05-034 and Petition No. 05-031 with the use of a Police Detail Officer as recommended for 05-034.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:25 p.m.
The Board will enter into Executive Session at this time to discuss personnel matters. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
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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