Board of Selectmen
Minutes
June 28, 2004
Present: Selectman Cahalane, Selectman Green, Selectman Myers
Town Administrator Joyce Mason
Assistant Town Administrator James Marr
Absent: Selectman Taylor, Selectman Marsters
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, June 7, 2004 Regular Session:
The above referenced minutes were deferred for quorum purposes.
APPOINTMENTS AND HEARINGS:
Public Comment:
John Kivlenhan, a summer resident of Mashpee discussed the issue of beach passes with the Board of Selectmen. It was suggested that
the Town further review the use of a beach sticker pass for taxpayers using rental cars.
Request for Fire Permit:
Joan Pastuszak was present to request the Selectmen approve her application for a fire permit on Popponesset Beach. The fire permit would allow the residents of Wilson Grove to have a cooking fire for hotdogs and marshmallows on their private beach.
Correspondence was received from Deputy Fire Chief Sheldon Hamblin dated June 23, 2004 in support of the fire permit request. Fire code requirements were stipulated in the Deputy Chief’s memorandum to the Selectmen.
Motion made by Selectman Myers to grant the fire permit application of Joan Pastuszak, Wilson Grove - Popponesset Beach on the dates of July 3rd and 4th, 2004 as stipulated.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
COMMUNICATIONS AND CORRESPONDENCE:
Eastham Board of Selectmen:
Correspondence was received from the Eastham Board of Selectmen dated June 10, 2004 requesting the Mashpee Selectmen send a letter to legislative agencies in request to facilitate a quick solution to the problems caused by the H2b visa changes to provide for the tourist business community.
The communication was taken under advisement. The Selectmen agreed not to take action at this time.
Barnstable County Commissioners – County Funds:
The Board of Selectmen was in receipt of a memorandum from the Barnstable County Commissioners dated July 1, 2004 relative to available County surplus funds. Based on the allocation, the Town of Mashpee will received $28,808.
The Selectmen indicated that they would request the County Commissioners to forward the funds directly to the Town of Mashpee on a cash basis. A memorandum will be submitted to all Town Departments to consider use of said funds.
OLD BUSINESS:
Annual Reappointments:
As a result of changes that would take effect on July 1st with the new Town Charter, the Selectmen agreed to continue all reappointments with the exception of the ZBA to the meeting of July 12, 2004.
Motion made by Selectman Green to continue all annual reappointments to the July 12, 2004 meeting.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
OLD BUSINESS:
Annual Reappointments: (continued)
Motion made by Selectman Myers to reappoint to the Zoning Board of Appeals:
Zella Elizenberry as a full-time member for a three-year term and,
Frederick Borgeson as a full-time associate member for a three-year term and;
Appoint:
Marshall Brem as a full-time member for a three-year term and,
Richard Guerrera as a full-time member for a three-year term.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Acceptance of Resignation & Retirement – Police Chief:
The Board of Selectmen received a letter of resignation and retirement from Chief of Police Maurice Cooper dated June 16, 2004. The application for retirement would be effective October 15, 2004.
Motion made by Selectman Green to accept the resignation of Chief of Police Maurice Cooper from the Mashpee Police Department effective October 15, 2004.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Authorization to Conduct Search Process for Chief of Police:
In response, to the resignation of the Chief of Police, the Town Administrator recommended the Board conduct a thorough search for a new police chief, and authorize the Town Administrator to employ the services of an outside consultant to assist with the search process.
Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Motion made by Selectman Green to approve the Chief of Police search process proposal brought forth by the Town Administrator and to employ the services of an outside consultant.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
For disclosure, the Board of Selectmen was in receipt of letters from Karol A. Grato dated June 25th, the Mashpee Public Safety Dispatchers dated June 24th, Police Lieutenant’s Michael Sexton and Jon Read dated June 28th, Police Sergeant’s Robert Palermo and David Ensko dated June 28th, and Union President Carl DeLorme dated April 4th requesting the Selectmen’s consideration to promote Deputy Chief Al Todino to the position of Chief of Police.
APPOINTMENTS AND HEARINGS:
Great Neck Woods Cemetery – Update:
Catherine Laurent, Assistant Director of Public Works was present with Cemetery Commission Chairman Ernest Virgilio to discuss work related issues concerning the Great Neck Woods Cemetery.
A memorandum dated June 22, 2004 from Ms. Laurent with respect to this regard was presented to the Selectmen. Attached was a breakdown of cemetery expenditures to date and estimations through the end of the fiscal year. Work anticipated to being in the new fiscal year is the completion of cut bluestone walkways and the construction of a fence along the cemetery frontage. Stone columns are proposed with wrought iron fencing.
The Selectmen requested to receive the cemetery’s long-range plan to retain on file for public dissemination, and to be informed in advance of large projects related to cemetery improvements and expenditures.
NEW BUSINESS:
Contract Amendment – SEMASS Waste to Energy Program:
Correspondence was received from Catherine Laurent dated June 15, 2004 regarding the 2004 Massachusetts Technology Waste to Energy Grant Program. The program distributes funds collected by a surcharge on electric bills to municipal customers of Waste to Energy (WTE) facilities to help defray costs associated to tipping fees.
Motion made by Selectman Myers to approve and execute the Town’s contract with SEMASS and to transfer the 2004 allocation from the Massachusetts Technology Collaborative Waste to Energy Program to SEMASS.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Cape Cod Commission/Planning Board:
The Board of Selectmen met informally with members of the Cape Cod Commission (CCC) and Planning Board for the purpose of reviewing planning concerns applicable to the Town of Mashpee.
In attendance was John Litman, Chief Planner for the Cape Cod Commission and Brad Cole, Vice-Chairman of the CCC Planning Committee.
Issues relative to traffic, water, planning and zoning were discussed. It was noted that the Selectmen remitted correspondence to the Cape Cod Commission dated June 11th requesting to prioritize signalization in the area of Orchard Road/Route 28, and on Route 151/Job’s Fishing Road. The CCC indicated that the Orchard Road intersection has been prioritized by their Transportation Improvement Committee for signalization.
The issue of using mitigation funds for the benefit of the Town was considered a priority of the Board. The Selectmen indicated that they do not favor a buy out from developers. It was noted that the CCC no longer accepts monetary contributions from developers.
The issue of the Mashpee Rotary and related development now in the planning process was discussed.
Maggie Geist, Executive Director of the Association for the Preservation of Cape Cod suggested using a tool to impose a moratorium such as a District of Critical Planning Concern (DCPC) to give allow time to gather more information on the upcoming developments. Ms. Geist related concern to the Mashpee growth center and to the sensitive watershed and the Mashpee River.
The Selectmen recommended that applicable chairmen from Town boards and committee’s met with representatives of the Cape Cod Commission to discuss this concern in detail.
APPOINTMENTS AND HEARINGS:
Public Comment:
The Selectmen allowed members of the Mashpee Police Department to speak on behalf of Deputy Police Chief Al Todino. Letters as previously disclosed endorsed the appointment of Mr. Todino as Chief of Police. The Selectmen were requested to reconsider their vote to conduct a search and to employ the services of an outside consultant. It was noted that the Town of Dennis had recently conducted a nation-wide search, and Deputy Todino was deemed a highly regarded candidate.
The Selectmen took the matter under advisement and noted that a thorough review would be conducted to obtain the most qualified individual for the Town and consideration would be given with high regard toward in-house candidates.
Cape Southport Associates LLC:
The Board of Selectmen reviewed the Memorandum of Agreement between the Town and Cape Southport Associates, LLC relative to the reconstruction of Old Barnstable Road prior to the issuance of the 301st building permit.
Area residents requested that the agreement include the stipulation that two (2) trees be planted for each tree removed from the subject site location. It was noted that the Town Engineer has not reviewed the amendments to form. Security as stipulated to ensure the completion of the reconstruction is $150,000.
Motion made by Selectman Myers to approve and execute the Memorandum of Agreement between the Town and Cape Southport Associates, LLC and plan entitled Plan of Improvements to Old Barnstable Road in Mashpee dated June 4, 2004 subject to approval from the Town Engineer, and that for each tree removed from the subject site location, (2) trees not necessarily of like size be planted.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Vacation Buy Back Request – Deputy Chief of Police:
Correspondence was received from Deputy Chief of Police Al Todino dated June 16, 204 requesting the ability to buy back four and one half vacation days that he was unable to use this year due to unexpected events and the increased workload serving as Acting Chief of Police.
Motion made by Selectman Green to approve the Vacation Buy Back request of the Deputy Chief of Police as detailed due to extenuating circumstances.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Request for Approval – Wellness Mini Grant:
The Mashpee Police Department has requested authorization to apply for a “Wellness at Work” mini grant being offered by the MA Office of Health and Human Services. The grant does not require matching or reoccurring funds.
Motion made by Selectman Green to defer approval of the grant application for additional grant funding information.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Alternate to Cape Light Compact:
Arnold Wallenstein, candidate for appointment as an alternate member to the Cape Light Compact was present to discuss his qualifications with the Board of Selectmen. Correspondence from Mr. Wallenstein, dated May 3, 2004 detailed his experience for appointment.
For disclosure, the Selectmen indicated that they are in opposition to the wind farm proposal.
Motion made by Selectman Green to appoint Arnold Wallenstein as an alternate member of the Cape Light Compact.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Review of Hiring Certification Form – Personnel Director:
Correspondence was received from Marilyn Farren, Personnel Director dated June 21, 2004 relative to a hiring certification form that she was requested to develop.
The Selectmen agreed to defer approval for additional clarification. It was agreed that added language to the form would include: wording that department policies have been met.
Recommendation for Appointment – Board Secretary:
Kristine Esdale was the recommended candidate for appointment as Board Secretary to the Finance Committee. Correspondence with respect to this regard was submitted to the Board from the Personnel Administrator dated June 16, 2004.
Motion made by Selectman Green to appoint Kristine Esdale to the position of Board Secretary as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Town Charter Matters:
Bylaw Review Committee:
The Town Administrator submitted a memorandum to the Selectmen dated June 24, 2004 recommending the makeup of a Bylaw Review Committee.
Motion made by Selectman Green to accept the recommendation of the Town Administrator to create a Bylaw Review Committee to be chaired by a member of the Board of Selectmen to consist of the following membership:
2 former members of the Charter Commission
2 members of the Board of Selectmen
Town Clerk
Assistant Town Administrator
1 Member at Large
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Motion made by Selectman Green to move forward with the recommendation to appoint to the Bylaw Review Committee;
Former Charter Commission members Ed Larkin and Juan Bacigalupi, and Selectmen members Wayne Taylor and Don Myers to include the Town Clerk Deborah Dami and the Assistant Town Administrator Jim Marr. Vacancy for the Member at Large will be advertised. The letters of interest shall be forwarded to the committee for recommendation purposes.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Motion made by Selectman Green to appoint Selectman Wayne Taylor to serve as Chairman of the Bylaw Review Committee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
It was agreed that secretarial support would be given to the above referenced committee.
Town Charter Matters:
Elected Officers – Eligibility:
Discussion followed with respect to the Mashpee Charter Article 3-1 (c), Executive Branch; Elected Officer, Eligibility. The Selectmen considered adopting language contained in Section 8-5(c) Time of Taking Effect.
Motion made by Selectman Myers to adopt language whereby any present elected official in a position on an appointed board or committee shall retain his or her membership until the expiration of their current elected term.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Special Events Committee:
Correspondence was received from the Director of Leisure Services dated June 22, 2004 recommending appointment to the Special Events Committee.
Motion made by Selectman Green to appoint Elise A. Perry to the Special Events Committee as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Motion made by Selectman Green to appoint Benjamin M. Perry, Jr. to the Special Events Committee as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Execution of Agreement – Sealer of Weights and Measures:
The Selectmen upon review of the referenced agreement recommended that wording be amended to reflect under Section 7 to read: Town Manager.
Motion made by Selectman Myers to approve and execute the Sealer of Weights and Measures Personal Services Agreement with Ray E. Bowman as amended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Approval and Execution of Agreement – Technical Assistance Program:
Correspondence was received from the Cape Cod Commission dated June 22, 2004 relative to the Technical Assistance Program (TAP) contract.
Motion made by Selectman Myers to approve and execute the Technical Assistance Program contract pending review by Town Counsel, Patrick Costello.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Memorandum of Agreement – Water District/Senior Center:
The Board of Selectmen reviewed the Memorandum of Agreement for the Senior Center presented by the Mashpee Water District dated June 8, 2004.
Motion made by Selectman Green to approve and execute the Memorandum of Agreement with the Water District for the Senior Center as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
NSTAR Electric – Easement for New Senior Center:
Communication was received from NSTAR Electric dated June 21, 2004 relative to an easement to install and maintain an underground electrical system for the new Senior Center.
Motion made by Selectman Myers to approve the Letter of Intent from NSTAR Electric, and grant an easement for the new Senior Center as disclosed.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Change Order #2 Request – New Senior Center:
Senior Center Change Order #2 at no cost to the Town was presented to the Selectmen for review and approval. The change order allows for twenty-eight additional calendar days to the contract due to extreme weather conditions.
Motion made by Selectman Green to approve Change Order #2 to the new Senior Center as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Audit Discussion:
A brief discussion followed with respect to the forthcoming FY05 audit and related exit interview of Powers and Sullivan.
Request for Letter of Support – HUD Funding for Mashpee Affordable Housing Trust:
The Mashpee Affordable Housing Trust is applying for HUD 202 funding again this year in order to construct the elderly affordable housing on Asher’s Path. The Selectmen were requested to send a letter of support to be included in the grant application due on July 8, 2004.
Motion made by Selectman Myers to send a letter of support for HUD funding as requested.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Vacation Carry-Over – Assessing Department:
Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
As a result of extenuating circumstances, the Selectmen were requested to approve a 9.5 vacation carry-over option in the Assessing Department due to the loss of the Director of Assessing and his Assistant.
Motion made by Selectman Green to grant the 9.5 day vacation carry-over option to Ardelle Kelley in the Assessing Department due to extenuating circumstances as referenced.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Town Hall Hours:
Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
A brief discussion followed with respect to alternative Town Hall hours for residents unable to access the facility during normal working hours. It was agreed the matter would be discussed with the union representatives.
Acceptance of Resignation:
Council on Aging:
Correspondence was received from Leila Botsford dated June 10, 2004 resigning from the Council on Aging.
Motion made by Selectman Myers to accept the resignation of Leila Botsford from the Council on Aging.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Acceptance of Resignation:
Mashpee Wakeby Lake Management Committee:
Steve Cadrin submitted his letter of resignation from the Mashpee Wakeby Lake Management Committee dated June 3, 2004.
Motion made by Selectman Myers to accept with regret the resignation of Steve Cadrin from the Mashpee Wakeby Lake Management Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Adjournment:
Motion made by Selectman Green to adjourn at 8:55 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters. The Board will not reconvene in Open Session.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Roll Call Vote: John, yes Chuck, yes
Wayne, absent Ken, absent
Don, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Adjournment:
Motion made by Selectman Green to adjourn at 9:20 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Roll Call Vote: John, yes Chuck, yes
Wayne, absent Ken, absent
Don, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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