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August 16, 2004
AGENDA

BOARD OF SELECTMEN

MONDAY, AUGUST 16, 2004


6:30 p.m. - Convene Meeting – Mashpee Town Hall

MINUTES

Approval of the following:
                
                August 2, 2004 Regular Session

APPOINTMENTS & HEARINGS

6:30    Public Comment
6:40    Mashpee Commons Limited Partnership
-       Memorandum of Understanding / Jobs Fishing Road
        6:45    Town Meeting Warrant Discussion
7:00    Joint Appointment – Planning Board Associate Member
7:10    Request for Fire Permit  - Popponesset Beach
7:20    Jonathan Speros - Tax Increment Financing Program

COMMUNICATIONS & CORRESPONDENCE

1)      Barnstable County Assembly of Delegates

OLD BUSINESS

1)      Alternative Town Hall Hours of Operation

NEW BUSINESS
        
1)      Emergency Repairs – Saddleback Road
2)      Request for Approval – Verizon/ NSTAR Petition 04-023
3)      Appointment to Bylaw Review Committee

MMR ISSUES


EXECUTIVE SESSION

Present:        Selectman Cahalane, Selectman Green,
                Selectman Taylor, Selectman Myers
                Town Manger Joyce Mason

Absent: Selectman Marsters

                Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
                Town Hall, Conference Room #1.

                MINUTES:

                Monday, August 2, 2004 Regular Session:

                The above referenced minutes were deferred for quorum purposes.

                APPOINTMENTS AND HEARINGS:

                Public Comment: None at this time.

Mashpee Commons Limited Partnership – Memorandum of Understanding/Jobs Fishing Road:

James Vaccaro and Arnold Chase, Mashpee Commons Limited Partnership (MCLP) were present to review the Memorandum of Understanding relative to roadway improvements to Frank Hicks Drive and at the intersection of Jobs Fishing Road, Frank Hicks Drive and Route 151, Mashpee.

The Agreement states that Mashpee Commons Limited Partnership would pay in full, the cost of roadway improvements as defined that would improve the traffic operations in this area.  

Preliminary plans at the 25% level were presented to the Selectmen for review.  Details and technical aspects of the plan are presently being discussed with the Police, Fire and Department of Public Works.  Improvements include road realignment, the intersection signalization and landscape to enhance the appearance of the entrance to Frank Hicks Drive as a municipal center.

The proposal incorporates a village green in the design that is framed by the Police and Fire Departments.  The Frank Hicks Civic Green would also accommodate rescue and helicopter landings.

                APPOINTMENTS AND HEARINGS:

                Mashpee Commons Limited Partnership – Memorandum of  Understanding/Jobs Fishing Road:

Motion made by Selectman Taylor to concur with the 25% design plan brought forth by Mashpee Commons Limited Partnership for roadway improvements, landscaping and the signalization of Frank Hicks Drive and Jobs Fishing Road as presented.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

It was agreed that the Memorandum of Understanding Agreement between MCLP and the Town of Mashpee would be presented to the Selectmen at their next meeting for review and approval.

Town Meeting Warrant Discussion:

The Board of Selectmen reviewed several articles proposed for the Monday, October 18, 2004 Town Meeting warrant.  Draft #2 of the warrant as printed on August 10, 2004 was discussed.

Article #10:    To create the position of Fire Prevention Inspector for the
                Fire & Rescue Department to start July 1, 2004.

Fire Chief George Baker was present to discuss his ongoing request for additional support in his department.  *Approved.

Article #11:    To create the position of Fire Department House Clerk/Watchman to the Fire & Rescue Department.

Funding for the on-call responder position would derive from the existing departmental wage account.  It is a non-standard part-time position without benefits.  *Approved.

Article #12:    To hire and equip one additional full-time Police Officer.

The additional police officer position would allow the Chief of Police to assign an officer to accomplish the School Resource Officer duties.  The position is grant funded 75% with a 25% match from the Town for a period of three years.  *Approved.

                APPOINTMENTS AND HEARINGS:

                Town Meeting Warrant Discussion:

                Article #13:    To create the full-time position of Equity/Affirmative
                                Action Officer

                Members of the Affirmative Action Committee discussed in detail, the
                essential functions of an equity/compliance officer that is intended to serve both the Town and school.

It was agreed that the matter would be deferred to the next scheduled meeting for additional review.  Information pertaining to this position for review would include; Town Counsel’s opinion, the step and grade of the position, the job description, data relative to the need, the use of this service in comparable towns, and the potential to share the duties with another town or perhaps with human services would be discussed at the next meeting.  *Deferred to 8/30/04.

Article #14:    To increase the hours of the End User Support position from 19 hours to 40 hours.

The MIS Director was present to request additional end-user support to
assist with a wide range of initiatives and projects that would provide continued enhancement to the network system of the Town.  It was suggested that Town Counsel be consulted with respect to legalities as it pertains to increasing the hours of a part-time position.  *Approved.

Article #15:    To establish the position of Herring Warden.

The bargaining union will be consulted with respect to adding the referenced position in the job description of the Harbormaster.
*Deferred to 8/30/04.

Article #25:    To establish a Student Parking Fund Revolving Account   

The $55 per year fee for seniors and qualifying juniors would be used to offset parking lot maintenance and repairs.  It was agreed that the words: or other similar costs would be removed from the article.  *Approved.

Next Meeting:  Planning Board and Town Planner to discuss zoning articles.

APPOINTMENTS AND HEARINGS:

Joint Appointment – Planning Board Associate Member:

The Board of Selectmen met in joint convention with members of the Planning Board for the purpose of appointing an Associate Member to the Planning board for a term to expire May, 2005.

In attendance were Beverly Kane, Lou Gourney and Steve Dolan.  It was noted that the Planning Board received letters of interest from Myrna Nuey and John P. Paone, Jr.  Ms. Nuey, a member of the Tribal Council was the selected candidate for appointment.  Ms. Nuey presently serves on the Affirmative Action Committee.  In accordance with the provisions of the Charter, it would be necessary for her to resign in order to serve as an associate member of the Planning Board.

Ms. Gourney nominated Ms. Nuey for appointment.  Mr. Dolan and Ms. Kane concurred with the nomination, and agreed if Ms. Nuey were unable to serve, Mr. Paone, a lawyer would be appointed to the position.

Motion made by Selectmen Cahalane to affirm the Planning Board’s nomination and appoint Myrna Nuey as an Associate Member of the Planning Board.   If Ms. Nuey is unable to serve, John P. Paone, Jr. is appointed to the position of Associate Member.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  7-0.

Roll Call Vote: John, yes               Chuck, yes
                        Wayne, yes              Ken, absent
                        Don, yes
                        Beverly, yes            Lou, yes
                        Steve, yes              Opposed, none

APPOINTMENTS AND HEARINGS:

Request for Fire Permit – Popponesset Beach:

Joan Pastuszak, a resident of Wilson Cove, Popponesset Beach was present to request the Selectmen approve a beach fire permit to cook hot dogs and marshmallows.  Wilson Grove is a private beach, and this practice has been approved by the Board in the past.

Fire Chief George Baker was noted to have approved the request based on favorable weather conditions.

Motion made by Selectman Green to approve the Fire Permit request of Joan Pastuszak on August 28, 2004 at Wilson Grove, Popponesset Beach, Mashpee pending favorable weather conditions.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.

Jonathan Speros – Tax Increment Financing Program:

Representatives from Roche Bros. Supermarkets were present to request the Selectmen place an article on the Town Meeting warrant to allow the supermarket to apply to the state for tax increment financing.  The tax increment program if approved by the state economic development incentive program would allow Roche Bros. to avoid paying supplemental tax.  It was noted that Roche Bros. is a family owned business that is self advanced.

Correspondence was received from John Duffy; Director of Assessing dated August 12, 2004 with respect to this regard.  It is the consensus of the Board to take the late-filed correspondence under advisement for consideration at the May Town Meeting.

NEW BUSINESS:

Emergency Repairs – Saddleback Road/Fir Court:

The Director of Public Works was present to request the Selectmen approve emergency repairs to Saddleback Road to correct the drainage concern that is deemed a matter of safety.  A sum, not to exceed $600 is estimated to provide temporary repairs to correct the pavement issues.

Motion made by Selectman Taylor to approve from the Emergency Repair Account, a sum not to exceed $600 to correct the drainage on Saddleback Road as referenced.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

COMMUNICATIONS AND CORRESPONDENCE:

Barnstable County Assembly of Delegates:

Correspondence was received from the Barnstable County Assembly of Delegates dated July 27, 2004 requesting the Selectmen nominate a representative to serve on a special committee to review the Charter and Ordinances of Barnstable County.

The Selectmen agreed to advertise to seek interest for membership to the above referenced special committee.

DCPC Public Hearing:

Public Hearing – Tuesday, August 31, 2004
7:00 p.m. @ Mashpee High School

The Selectmen were requested to remit comment to the Planning Board prior to the hearing.

The Planning Board will also meet with the Cape Cod Commission to review the DCPC nomination process on Tuesday, August 24, 2004 @ 2:00 p.m. at the Cape Cod Commission building.  Members of the Board of Selectmen are invited to attend.

OLD BUSINESS:

Alternative Town Hall Hours of Operation:

Correspondence was received from the Town Manager dated August 10, 2004 as a follow-up to the discussion regarding alternative hours of operation for Town Hall.  Three responses were received from department heads.  In review of the proposal, the Town Manager recommended the Town Hall hours of operation continue from 8:30 a.m. to 4:30 p.m.

Appointment to Bylaw Review Committee:

Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

Ann Whitlow was the recommended candidate to fill the vacancy created by James Marr to the Bylaw Review Committee.

Motion made by Selectman Taylor to appoint Ann Whitlow to the Bylaw Review Committee as recommended.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

Request for Approval – Verizon/NSTAR Petition 04-023:

Verizon/NSTAR petition 04-023 to relocate one jointly owned pole was presented to the Selectmen for approval.  Work is necessary to widen Old Barnstable Road in the vicinity of the Southport community.

Motion made by Selectman Taylor to approve Verizon/NSTAR Petition 04-023 as presented.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.

Adjournment:

Motion made by Selectman Taylor to adjourn at 8:13 p.m.  The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations, potential litigation, a grievance and personnel matters.  The Board will not resume in Open Session.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.

Roll Call Vote: John, yes               Chuck, yes
                        Wayne, yes              Ken, absent
                        Don, yes                Opposed, none


Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen