AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 30, 2004
6:30 p.m. - Convene Meeting – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, August 2, 2004 Regular Session
Monday, August 10, 2004 Regular Session
Monday, August 16, 2004 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 WBNERR
- Liaison to Marsh Project
- Request for Gate
6:50 Town Meeting Warrant Discussion
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Ex-Officio Discussion
2) DCPC Public Hearing Discussion
NEW BUSINESS
1) Community Preservation Act
2) Request for Extension of Trash Removal Bid – Cape Waste, Inc.
3) Ratification of Appointment – Temporary Clerk/ Historical Commission
4) Request for Approval for Change Order #4 – Senior Center
5) Acceptance of Resignation – Morris Kirsner – South Cape Beach Advisory Committee
MMR ISSUES
EXECUTIVE SESSION
Present: Selectman Cahalane, Selectman Green, Selectman Taylor,
Selectman Marsters, Selectman Myers
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, August 2, 2004 Regular Session:
Motion made by Selectman Myers to approve the Regular Session
minutes of Monday, August 2, 2004 as presented.
Motion seconded by Selectman Marsters.
VOTE: Unanimous. 3-0.
Selectman Green, Selectman Taylor abstained.
Monday, August 10, 2004 Regular Session:
Motion made by Selectman Marsters to approve the Regular Session
minutes of Monday, August 10, 2004 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Monday, August 16, 2004 Regular and Executive Sessions:
Motion made by Selectman Taylor to approve the Regular and
Executive Session minutes of Monday, August 16, 2004 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Marsters abstained.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
APPOINTMENTS AND HEARINGS:
Town Meeting Warrant Discussion:
The Board of Selectmen reviewed Draft #3 of the Annual Town Meeting Warrant as printed on August 26, 2004. The Selectmen are expected to vote to approve the final warrant at their meeting of September 13, 2004.
Article #17: Transfer funds to Police Expense Account: $36,816
The additional appropriation of $20,000 will fund the increases in energy costs (natural gas and electricity)
and for motor vehicle fuel. The sum of $16,816 not approved in the original budget would fund the various training (tuition costs, lodging, meals) required for police personnel.
It was agreed that the Police Chief would be requested to
clarify the increase at the next scheduled meeting.
Article #18: Transfer funds to Personnel Consultant Account for Salary Compensation Study - $8,000 - $11,000 Estimation –
To present definitive cost proposal at next meeting.
Article #19: To transfer funds to Personnel Administration Plan to
provide additional steps for non-union employees to bring an internal equity to the positions classified under the PAP Plan - $8,000
Article #20: DPW Chapter 90 Road Improvements $460,000. The article authorizes the use of funds to be 100% reimbursed by the Commonwealth of Massachusetts.
Article #21: The sum of $4,515 to the Town Hall Building & Grounds
account to provide funds for operating costs (heat & electricity) for the old Senior Center.
APPOINTMENTS AND HEARINGS:
Town Meeting Warrant Discussion:
Article #23: $10,000 to be expended by the Sewer Commission for consultant services and associated costs related to the development of a Watershed Nitrogen Management/Effluent Pipeline Preliminary Design.
It was agreed that the article would be deferred. The actual borrowing costs for the completion of a wastewater facilities plan are known at this time.
Motion made by Selectman Green to defer Article #23 as submitted by the Sewer Commission to the May 2005 Town Meeting.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cahalane abstained.
Article # 28: Private Driveway – Signage and/or Fines. A fine of $50
a day shall be assessed for all signs not having a placard after December 1, 2004. *Request to amend date, at minimum 90 days notice.
Article #29: Amend Bylaw – Mileage Reimbursement. To allow for
mileage reimbursement adjustments as they are proposed
by state and federal directive and will eliminate in town travel reimbursement.
It was agreed that the article would require additional language.
Motion made by Selectman Taylor to defer the bylaw amendment relative to mileage reimbursement to the May 2005 Town Meeting.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
For disclosure, it was noted that the Planning Board has not held any Public Hearings to date on the proposed zoning articles.
APPOINTMENTS AND HEARINGS:
Town Meeting Warrant Discussion:
Article #32: To amend bylaw – Term of Office Treasurer/Tax Collector
Motion made by Selectman Taylor to remove Article #32 from the Town Meeting Warrant.
Motion seconded by Selectman Marsters.
VOTE: Unanimous. 5-0.
Article #40: To amend bylaw; Half Story – A story next beneath a sloping roof. Question: Is this applicable to a flat roof?
Article #43: To amend bylaw – Hotel/Motel; Increase Height
Language: as it existed on July 1, 2004 to discuss with
Town Planner
Article #45: To amend bylaw to Create Plan Review Committee
Typo: 174-25.C. (4) To read: 174-24.C. (4)
Membership; Town Manager not required to serve.
Article #46: Require 5 Foot Setback for Small Structures
Footnote 22 if Article #43 passes at Town Meeting
Article #47: ATV Use – New bylaw language to be inserted at next
meeting, a recommendation of Town Counsel.
Article #13: To create position of Equity/Affirmative Action Officer
$75,000 – Recommendation of Town Manager to defer to
May Town Meeting.
Motion made by Selectman Taylor to defer Article #13 to the May 2005 Town Meeting as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Community Preservation Act:
The Selectmen were in receipt of a bulletin regarding the conversion from the Cape Cod Land Bank program to the Community Preservation Act (CPA), with some modifications. Replacing the land bank program with a modified CPS requires approval of the Town’s legislative body and a referendum question at a regular municipal or state election.
Motion made by Selectman Taylor to place an article on the October 2004 Town Meeting Warrant relative to the replacement of the Cape Cod Land Bank with the Community Preservation Act, with some modifications.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Taylor to place on the May 2005 election ballot, the referendum question relative to the modified Community Preservation Act as follows:
Question Form
Shall the Town of Mashpee adopt Section 298 of Chapter 149 of the Acts of 2004, as approved by Town Meeting, a summary of which appears below?
Question Summary
Acceptance of Section 298 of Chapter 149 of the Acts of 2004 means the Community Preservation Act shall effectively replace the Cape Cod Open Space Land Acquisition Program. There shall be no additional excise on real property levied other than the current 3 percent levied for the provision of the Cape Cod Open Space Land Acquisition Program. Acceptance of this section shall allow the community to access state matching funds up to 100 percent of the excise on real property currently levied, which was previously unavailable to the town.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
WBNERR: Liaison to Marsh Project/Request for Gate:
Selectman John Cahalane indicated that he is willing to serve as liaison to the South Cape Beach Salt Marsh Restoration project.
Brendan Annett of the Waquoit Bay National Estuarine Research Reserve (WBNERR) was present to request the Selectmen’s approval to install a gate on land partially owned by the Town of Mashpee. The gate would cross Great Hay Road just to the north of William Mingo Road.
The proposed gate would restrict unauthorized car/truck access while enabling emergency and management vehicle access to conservation land owned by the Commonwealth of Massachusetts.
Earlier discussions relative to signage and marked parking areas have been addressed. It was agreed that signage would be in place prior to the installation of the steel gate that would include a Knox Box for emergency access.
Motion made by Selectman Green to approve the request of WBNERR to install a gate for proposed access management of the North Quashnet Woodlands parcel as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Ex-Officio Discussion:
The Board of Selectmen met with members of the Planning Board to discuss their recent vote to appoint Myrna Nuey as an Associate Member of the Planning Board.
The Town Charter requires Ms. Nuey to step down from her position on the Affirmative Action Committee to be eligible to serve on the Planning Board.
Ms. Nuey responded to the position appointment in a memorandum dated August 17, 2004, and requested to be recognized as an ex officio member of the Affirmative Action Committee.
OLD BUSINESS:
Ex-Officio Discussion:
An in depth discussion followed with respect to the process of designating an ex officio position and the potential to make revision to the Charter that allow an individual to serve on two appointed positions. The issue of an ex officio member participating in executive session was also considered. It was agreed that Town Counsel would be consulted with respect to this regard. The matter was deferred for additional clarification.
NEW BUSINESS:
Request for Extension of Trash Removal Bid – Cape Waste, Inc.
Correspondence was received from Catherine Laurent; Assistant DPW Director dated August 11, 2004 recommending the Board extend the current contract between the Town and Cape Waster, Inc. for trash removal. The extension would represent the 3rd and final year of the three-year bid.
Motion made by Selectman Myers to extend the contract between the Town of Mashpee and Cape Waste, Inc. for Trash Removal as recommended.
Motion seconded by Selectman Marsters.
VOTE: Unanimous. 5-0.
Ratification of Appointment – Temporary Clerk/Historical Commission:
Louis Wakefield-Perry was approved for hire by the Town Manager to the temporary appointment of Data Entry Clerk to the Historical Commission. All posting announcements, background verification and departmental hiring policies have been met for the Selectmen’s certification.
Motion made by Selectman Myers to certify that all proper guidelines and procedures have been followed for the appointment of Louis Wakefield-Perry as Temporary Clerk to the Historical Commission.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request for Approval for Change Order #4 – Senior Center:
Change Order #4 to complete the fireplace and allow for HVAC credit; $8,539.48 and to create an additional (10) working days to the Senior Center contract was presented to the Selectmen for approval.
It was noted that the senior raised the funds to support the above referenced sum associated to the change order. The Selectmen were requested to approve the additional working days. The additional figure does not reflect the bottom line contract sum for the new Senior Center.
Motion made by Selectman Green approve Change Order #4 as presented and approve an additional (10) working days to the Senior Center contract.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Morris Kirsner – South Cape Beach Advisory Committee:
The Board of Selectmen were in receipt of a resignation from Morris Kirsner dated August 16, 2004 from the SBCAC effective August 31, 2004.
Motion made by Selectman Green to accept with regret, the resignation of Morris Kirsner from the South Cape Beach Advisory Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
DCPC Public Hearing Discussion:
Selectman Marsters stepped down for the above referenced topic of discussion.
Members of the Planning Board were present to discuss the upcoming Public Hearing relative to the question of a Town-wide DCPC that the Planning Board voted to declare a nomination on. The public hearing to solicit comment is scheduled to be held on Tuesday, August 31, 2004 at 7:00 p.m. in the auditorium of the Mashpee High School.
Comments were recommended to be forwarded to the Planning Board for review.
Adjournment:
Motion made by Selectman Myers to adjourn at 7:40 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Marsters absent.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
| 
