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Blue Ribbon Committee Minutes 01/26/06
Town of Mashpee
Blue Ribbon Comprehensive Committee
Minutes of Meeting

January 26, 2006

        The Town of Mashpee Blue Ribbon Committee was called to order in Conference Room #1, Mashpee Town Hall, 16 Great Neck Road North, Mashpee, Massachusetts at 7:00 p.m. on Thursday, January 26, 2006. The Chairman, Don Meyers, presided.
        Blue Ribbon Committee Members present: Zella Elizenberry; Chuckie Green, Vice Chair; Lee Gurney; Beverly Kane; John Miller; Don Myers, Chairman; Ted Theis.
        Also present: F. Thomas Fudala, Town Planner
        
        A quorum being present, the Chairman called the meeting to order.

Approval of Minutes
Review/approval of the minutes from the Blue Ribbon Committee meetings held on 12/22/05 and on 1/12/06 were continued until the next Committee meeting, when the Committee members have received copies of the minutes in time for their review.

Communications
Public Comment
        The Chairman asked if there were any public comments. Edward Baker, a Mashpee resident who lives on Captain’s Road, spoke out about the December 22, 2006 Committee meeting, when there was a presentation given by Douglas Storrs regarding the Ring Road. Mr. Baker said that the presentation that was held and an earlier edition of the Mashpee Enterprise discussing the Ring Road were different from each other. The Mashpee Enterprise stated that the second ring on the road was not gong to happen.
Mr. Baker had concerns about the proposal given and was afraid that the members of the Committee would make a positive recommendation on the second ring on that road. He said he was worried about emergency vehicle response time in his neighborhood, because it would mean going through two roundabouts to get from the fire station to his house, and then two roundabouts to get to Falmouth Hospital from his house. He thought it was a very significant delay and a threat to public health to people who live East of the rotary He was concerned about traffic, because new roads means new construction. With new construction, he said, also comes the impervious services and the wastewater, one lane would be close to Trout Pond, and the buffer zone would be reduced to that pond and Trout Pond flows into the Mashpee River, where there is a significant shellfish resource. He said that he hoped that upon looking on that proposal, the Committee would come back with a negative determination regarding the roundabout.
Old Business
Reports From Each Board/Commission regarding DCPC Objectives
The Chairman asked for reports from each board or commission regarding DCPC objectives. Beverly Kane spoke out and said there had been a Planning Board meeting on Wednesday, January 18th and the Board had resumed discussions on DCPC objectives.
Ms. Kane wanted to report on Item #3, regarding Zoning By-laws. She said she would be appointing a point person on the Planning Board. She said that she had been communicating with the Consulting Engineer, Charles Rowley, he had knowledge regarding salt water and storm drains in the town of Mashpee.
Ms. Kane handed and read from a draft she had compiled, where she had taken a closer look at the storm water issue, as well as other issues needing to be resolved in the community and by the Planning Board and Blue Ribbon Committee. She said that she was preparing a draft and that it would be presented to the Town Meeting in October 2006.
Glenn Santos discussed the Board of Health and that the Board was proceeding with the cesspool ban. He said it was in the final draft, but it would soon be “good to go,” and after the public meeting would be a “done deal.” He said that the ban meant that if a person had a cesspool, they would have to bring it up to Title 5. It would be deemed in failure if the person changed ownership or if there was any change to the footprint of the building, additions to it, for instance, he said.
The Chairman, also a member of the Board of Selectmen, reported what was discussed on the January 23rd meeting. He said that the Board of Selectmen had read over the 1st report provided by the Blue Ribbon Comprehensive Meeting. Also discussed was a recommendation in regard to having an educational coordinator. In attendance were the School Committee and Chairman, who were positive in their approach to helping to reach out, and that the Board would reach out to the School Committee for the future of the water district. There was also discussion of landscaping for Town buildings, using organic, natural fertilizers for the Town playing fields. Also, the Chairman went over discussion of looking down the road for an Upper Cape Regional Technical Development Corporation. As of Monday, he did not have volunteers; he spoke to the audience for individuals interested in representing the Town.  He made it a point to have the concerns discussed by the Blue Ribbon Committee stay in the forefront of the Board of Selectmen.
Chuckie Green, the Vice Chair. spoke up and said that he thought what the Chairman was saying was to put it on the agenda on a continuous biweekly occurrence, so that they did not have to wait every quarter.
The Chairman asked the committee if they had any other feedback to share, he asked Ted Theis to talk about educational programs, but Mr.Theis wanted to defer his statements until after discussing the EDIC.
Ms. Kane spoke up that she had received in the mail the Buzzards’ Bay proposal site on a CD, which explained what it was all about, if anyone wanted to see it. She explained that it had information regarding dredging material, as well as other subjects.
New Business
EDIC
Representative Matt Patrick
Harlyn Halvorson
John Harding
John Miller introduced guests regarding the implementation of the EDIC. Speakers would talk about the “world of EDIC’s.” Mr. Miller had found a document which he then passed copies around to the Committee. He said it was several years old, but also the “tip of the iceberg” that towns and municipalities could be doing nowadays, to shore up deficiencies on the economic front, and thought it would be useful to individual members to see what the town had attempted to do in the past.
Mr. Miller introduced three speakers: Representative Matt Patrick and following him, Harlyn Halvorson, the Chairman of the Falmouth EDIC, along with Harlyn, was John Harding, who was a consultant to the Falmouth EDIC.
Representative Patrick would give an overview of what the legislature had to do and how it came about and his role in it. Mr. Miller said that Senator Bob O’Leary had a hand in it, too. He asked Mr. Halvorson what the Falmouth EDIC has achieved. One thing the Board were naïve about, said Mr. Miller, was the dynamics on how to ramp up an EDIC in its’ early stages, where does it find its’ resources, financially and human resources and the like, and he wanted to acknowledge Joyce Mason, Head of Administration for the Town of Mashpee, for coming as well, and that the Board appreciated her interest.
Representative Patrick said that it was “always nice to dust off some legislation that was passed three years ago.” Representative Leary was handed the Bill and got it through in 2000 and managed to get it through the House pretty quickly. He was told that it was a very important piece of legislation, which wasn’t done anymore. He said that the EDIC allows a Town to do almost anything, “except hire your own army,” he said, jokingly. He said it was a very comprehensive piece of legislation and in the right hands can do a lot of good things, not only economic development, but cleaning up any polluted site, cleaning water sites, and bonding, where the Town could carry up to three million dollars worth of debt, all of this of course, with Town Meeting approval. It passed on November 20, 2002, Senator O’Leary helped getting it through the Senate. He had handed out copies of the legislation to the Committee the preceding week, which the Committee had in view. The representative then asked if there were any questions for him.
The Chairman asked the representative what other towns had this kind of legislation?
The representative said that it was based on legislation that had passed in Springfield and in Brockton. He also said Falmouth had an older version, 1980.
Ms. Kane asked if the legislation would create the use of cleaning up waters?
It just gives the EDIC the ability to clean up sites that are polluted, said the representative.
He said that he assumed to give the Town this type of authority to prepare those sites for development, if need be. There was talk of a Mashpee Executive Park, back when it was first in legislation, in 2002.
The Chairman thanked the Representative, then, Harlyn Halvorson came up to the podium to speak.
Mr. Halvorson spoke that it seemed like deja vue, since fifteen years ago, he and Chip Morris and himself approached the Mashpee for setting up an EDIC incubator. He said he had some exciting ideas for developing a program, it never came to pass, but he had thought often about the opportunity if it had.
Mr. Halvorson told the Committee and audience that he was going to share some of the experiences he had in Falmouth, and he brought along copies of the history of the EDIC in Falmouth.
The origin in Falmouth program was state legislation establishing a statewide EDIC, that coupled with action by the Town Meeting generated in 1980 by the Falmouth EDIC. The Falmouth EDIC group was given a tract of land by the Town and the authority to sell and develop it. For the first ten years, he said, the progress was very slow, because they had to develop the infrastructure, the roads and water, before they could bring tenants into the property. In order to do that, the EDIC had to have the ability to borrow money, to carry out transactions. It turned out over the years that John Harding was handling much of this work, which he would go into it in more detail.
The ability of the EDIC to act independently, said Mr. Halvorson, and buy and sell to borrow money to carry this out so that we are able to serve as a facilitator, to carry out functions that would be very slow to do going before the Town of Falmouth. They had been able to buy property and sell it to the Town. They could do that quickly. The independence was essential, in going through this early period in going developing the department. A couple of early sales of land, it was not until the infrastructure took place, that they slowly began to develop programs. Prior to his involvement, the earlier board members were very careful about what companies who were allowed into the park. They wanted to have a system that would help support each other that were productive to the community as a whole. They were careful what types of programs were involved to enter the park. Many early efforts were turned down, even though there was a plan that was available and he believed that early resistance paid off at the end result, because it was a much more cohesive program. It wasn’t until about ten years in activity into building the park that the Falmouth EDIC began to get the respect and recognition by the community in Falmouth.
The other major effort he did was to develop with the Cape Cod Commission a pre-permitted program. They had an agreement with the Cape Cod Commission for pre-permitting properties in the lands, so it made one-stop shopping, so to speak. It greatly enhanced the ability to advance and develop the park. This had been very helpful. In addition to this, the Assistant to Town Manager was very instrumental in arranging for the town’s boards to meet collectively and to tell them prospects at one sitting. It allowed for easier, rapid decision making of the town projects that they wished to form. That, together with the Cape Cod Commission, was the major difference in developing the park. They completed the sale of the property to the Falmouth Technology Park, and since developed and purchased a second park something along similar lines.
As he looked back and key in on what the real issues were, the ability to be independent, to act responsibly and to do it with a consensus building with the various courts and functions with critics. The group takes on a project; try to sit down with the selectmen and members of the development board to discuss the project before they come to a conclusion. They try to anticipate the problems and build those into their refinements. They have a board of seven, they believe a small board is essential for decision-making, sometimes they like to have it a little bit larger, but they do bring in consultants to help them develop the programs that we have currently have underway. Bringing in John Harding and his company. Mr. Halverson said he would like to come back in the end and talk about the regional technology development center.
After speaking to the Board, he introduced John Harding to speak to the Committee. Mr. Harding spoke as consultant of the EDIC and also as president of the Bourne Financial Development Corporation, which is also the EDIC of Bourne.
Bourne EDIC was created two and a half years ago under Chapter 368, which is a slight predecessor to 376. He handed out copies in reference to that established the act of the EDIC and a copy of their latest by-laws, which he thought might be of interest to members of the Committee. He said that unfortunately for Bourne, it was chartered and not given anything to work with, so they started from scratch with a fifteen-member board and no funding.
They have found that in both cases, Bourne Financial Development Corporation took its’ lead from Falmouth, and he strongly urged Mashpee if it does incorporate an EDIC that it gets a hold of either Bourne or Falmouth’s 501C3 filing status as a non-profit corporation.
Private corporations and donors do not like giving to anything but 501C3’s. The first thing an EDIC can do is receiving funds on whatever it might be from the private sector and to use them any way they can. Your EDIC would have the capacity of any corporation to buy, sell, rent, whatever, independent of the town. The Town charters it and the Town can take actions to correct anything they don’t like about the EDIC. The EDIC is set up to function differently. There are lots of examples where that’s valuable. One you can access funding that’s not available to towns, the Falmouth EDIC wanted to evaluate a piece of property and took advantage of any potential 21E as used by getting a bank loan, which basically loaned them the money to get the 21E, and if they went through the project and it became a loan and they had to pay it back, if they rejected the project, it was a grant and they didn’t have to pay it back. The EDIC’s are allowed to do things that towns aren’t. Another example, a piece of property became available in Falmouth that the town founders wanted to acquire as part of their bike path-parking program. In town, you have to evidence an interest, go through town meeting, get an appraisal and so on and so forth, it wasn’t going to stay on the market. The EDIC was asked to acquire the property on the open market and hold it until the town was able to do the necessary paperwork and acquire the property.
You will have all kinds of abilities to do things that towns just simply can’t do. The other thing is that you have a vehicle that can help, in my opinion and in our opinion, we can build a consensus on things that need to get done, outside of regular town government, for example, in Bourne, we are trying to come up on a consensus building program on redeveloping Buzzard’s Bay. The EDIC is meeting with many of the town boards and associations in Buzzard’s Bay and the Cape Cod Commission, to try and come up with a consensus on how to raise funding to do those studies and hope to create a remodeling program for Buzzard’s Bay. Again that’s something that is not quite public, not quite private and an EDIC provides the vehicle does that. He said he did believe that they’re experience in Falmouth and in Bourne, it is a non-profit organization, it needs to be run in a business-like fashion, because the EDIC in Falmouth has been able to take the asset of their land to give to their tech. park, to use that to leverage the funding of the roads, to use that to leverage the creation of lots, be able to create 500 new jobs in town, the kind of jobs they were looking for by de-restricting those lots, selling those lots for a reasonable, but not exorbitant price, below market price to the right businesses, in fact they were able to do financing to the kind of businesses they wanted to, for example, marine technology business, they provided first mortgage, subordinated to the construction loan, which allows some of these things to happen, to create those jobs.
They did not do it to give the farm away, they eventually got their money back and went on and do more things. If it is not done in a business like fashion, there won’t be anything left to work with, you would be struggling like the town of Bourne is now, to get that original asset, to make the first original project happen. EDIC boards run everywhere from in cities, they’re run by the city counsel, they’re created by the city council so the city councils can amend things very easily. Usually the Board of Directors is determined by the original by-laws, they can be changed but they can be cumbersome. What Harlan was saying and I’m saying that if you want to keep the Board of Directors to a workable number, there’s an awful lot of work that Edict’s work with and assume responsibility for. He though EDIC’s made a mistake staffing, without funding from the project. What Falmouth has done, and what Bourne is trying to emulate, if you have a project, get the consultants that you need for the work you’re doing. You need an awful lot of money to fund a $50,000 a year director’s position. Where is that going to come from? As an aside there’s an interesting conversation, which towns need to have with the community preservation act. The town of Falmouth is trying to consider taking some of that Preservation Act money and creating a community development officer in the town that can work with all the other representing constituency. The affordable housing, historical society, the EDIC to try to coordinate all the community efforts that are going on, but my strong recommendation is to stay away from that as an EDIC, because that’s not usually the charter into, it’s very expensive. Staffing is a very expensive item and you better have a very good justification for having it, if you don’t, use your funds wisely, you won’t have any left again. The finances need to be very carefully understood, they’re project related, I’m not saying real estate related. Falmouth has been very prudent in investing their money, so they can invest it, again. EDIC’s provide an tremendous ability to build a consensus, EDIC's can be given issues and asked to come back with the highest recommendation of what’s going wrong, what should be done and because they’re quasi-town government and private, they can build that consensus and gets those groups together for potential solutions to problems.
Board Member Questions Regarding EDICs

Glenn Santos asked a question of Mr. Harding over who would get restrictions on first refusal.
Mr. Harding replied that in Falmouth, when they set up the Falmouth Technology Park, they created a special zone for LIB, which is essentially like light industrial; it’s two acres zoning. And then the EDIC board set up a series of covenants and deed restrictions used to existing business. No box stores, no warehouses, no car crushing. EDIC needed to develop the kind of businesses for the evolution of Cape Cod, he said.
The development agreement with the Cape Cod Commission did environmental studies. Falmouth Technology Park built a 1,600 square foot building to provide for horseshoe crab experiments, said Mr. Harding. Guaranteed answered, could contract 4-5 parts and could attract them at one time. The EDIC had a tax incentive favoring tenancy over development. The EDIC was forward thinking, with 500 new jobs in the technology park, up to a 1000 jobs.
The Chairman asked a question regarding the Bourne nonfunding, that the Falmouth EDIC didn’t hand Falmouth’s up front. “Are they (Bourne) going to borrow money?” he asked
Mr. Harding replied that the Bourne was getting a handle of what’s going on. The Town was missing planning and economic data and was able to get most of it done, that they were able to define areas, which were needed. Mr. Harding said in an aside, that the object for EDIC’s was smart growth, a popular concept at the moment. He said the Falmouth EDIC slogged it out for ten years, needing more funding and having a partner with the parcel.
Lee Gurney asked if Bourne had a concentrated plan for growth centers and that Mashpee had one. She added that the parcels of land should be made at a reasonable price, in order not to give away the farm. The EDIC in Mashpee would have to market and charter the purpose for the purpose of job creation, job enhancement and job improvement.
Mr. Harding said that the EDIC parcels of land would be tax incentive friendly, a 5% tax credit with the State of Massachusetts. That it would open up a 5% tax benefit to live and that would have to be a point made to the Town of Mashpee.
The Chairman spoke to Mr. Harding and the Committee and audience saying that in Falmouth’s experience, jobs were created, and that there was growth in existing companies. He said that the EDIC had incubators in Mashpee. He added that there was a second industrial park on 28A, Route 151, and asked if the EDIC would be able to help serve their problems.
Mr. Miller interjected and said he wanted to paint a picture that everybody in the Committee liked the idea of having an EDIC. He said that he thought the EDIC would succeed, that the caliber of jobs in Mashpee would be higher, that there would be an affordable housing component, and that the Town’s EDIC would need a Board of Directors. He also added that the Town would have to put time and effort into it so that it would succeed, and an input of cash.
Ms. Gurney spoke up and said that the EDIC legislation had a bonding ability.
Mr. Harding said that in Bourne, they had established an economic development task force, the conclusion of which was that Bourne needed an EDIC. At the town meeting, there was a vote to create a Bourne EDIC with members and the members would be charged with electing a Board of Directors.
Joyce Mason interjected that to legislation had to make up the EDIC.
The Chairman spoke and said that where Mashpee would need a charter for the town meeting. Funding was needed and that a piece of land should be set aside. He added that the matter was putting the EDIC together and that Mashpee was almost at the same place that Bourne was in.
Ms. Mason asked if the land that had to be set aside had to be an incubator building. Mr. Harding said that it did not have to be in that big of a parcel- two acres.
Mr. Miller interjected one last thing was that it was against the law for the state to get involved in the EDIC. He said that they could facilitate it in low cost housing. Appropriate for EDIC, and the Town did not have to part of the EDIC to benefit from it.
The Chairman said that the EDIC sounded very good, but what was the downside if the Town does not pay attention to what the EDIC was doing, that they could pollute it, being given power that could be taken away from them
Mr. Miller said that the EDIC Board should have people on it that had experience, a banker or a lawyer, and that the Board appointment should have some accountability to the Town.
Mr.Theis spoke and said that because of the nature of the beast, the Town would see people to step up to participate. That Mashpee had a wealth of power.
The Chairman asked the Board if they had any more questions about the EDIC.
Mr. Halvorson spoke about the need for an economic picture for the EDIC that should be clearly defined and defended. That there were limited amounts of space in both the towns of Falmouth and Mashpee, he said. He added that there should be job retraining, and industrial development. He said that there was a need for a Regional Technology Center, which had strong support from Senator Murray. In anticipation of this, he said, the organization (EDIC) needed to have a 501C organization to receive funds. It was not the EDIC’s intention to run and develop programs for four towns. What was needed was to generate a new corporation to run the Center. To have one meeting and a nominating meeting, to come up with all the nominations for a five member steering committee and have funds to apply to support that management team. Mr. Halvorson reiterated that land be set aside in both Falmouth and Mashpee, and that the industrial park created could put together to create industries such as marine science and renewable industry. That in a few years a regional organization would be created.
The Chairman asked Mr. Halverson a question concerning the frequency of meeting for these EDIC committee meetings. Mr. Halverson said that the meetings could be held three or four meetings a year, as an advisory or transitional organization.
The Chairman asked for any more questions from the Committee.
Mr. F. Thomas Fudala, the Town Planner, asked how and EDIC and an RDIC interact.
Mr. Halverson said that the EDIC was a vehicle of expectations. The there was a limited amount of space available. A person looking at an EDIC would see pieces of land here and there, an equivalent of a park and dispersed buildings and supplies and services.
Mr. Harding spoke that if anybody was interested and wanted to know the people under the gun, it would be those members of the steering committee. That they were only going to be there to prove the model works-that buildings were needed and instead of creating the bricks and mortar, creating the jobs would be first. He emphasized that he wanted to grow jobs and businesses in Mashpee. He said that he and colleagues wanted to envision small offices. To take the synergy of four towns to wake some of the funding up and to create an advisory committee for anyone who wanted to join.
The Town Planner had a question for Mr. Miller. He stated that the Planning Board had an industrial building of 8,000 square feet. Did the EDIC work with a private developer?
Mr. Miller replied that the EDIC focus was to create jobs. The EDIC corporation would work with what benefits the Town and was perfectly compatible, that it is still a corporation. The EDIC was not there to give favors, just to do smart things for the Town.
As the meeting progressed, many of the Committee’s questions were answered by not only Committee member Mr. John Miller, but also with distinguished guests Representative Matthew Patrick, Mr. Harlyn Halvorson and Mr. John Harding.
The Chairman thanked and acknowledged the three speakers as they left the conference room.
The Chairman asked the Committee if it would think about the EDIC at that moment and at the next meeting.
Before continuing to Old Business, Ms. Kane spoke and said that the Town Planner had developed two new maps, one for the Web site and other smaller ones for the community. The Town Planner said that he could send the maps in .jpeg size through e-mailing.
Old Business
Educational Programs
Ted Theis spoke out about educational programs and that he was still in the process of soliciting the principals of the schools for a scholarship program. He said that he wanted it to be put forward to the youth of the Town and to put it forward to people who did not know the situation developing.
Mr. Theis said that he was thinking of promotion with a radio station to promote the awareness of water, also that he would meet with Boyscouts and Girlscouts and other youth groups.
Mr. Miller interjected that a possible group would be the Future Business Leader’s group. Prodding people to move forward.
The Chairman said that one issue would be a community group, chartered with that type of educational program with the Town would be the vital way to go, the number of individuals looking into the environment.
Ms. Gurney stated that there was the Capekeepers group who was starting a speaker’s bureau.
Mr. Santos said that there were grants available through schools. He mentioned a web site called www.greenteam.com and added that schools and teachers could get onboard this site and find out various information, some of it regarding clean water and recycling.
There was further enthusiastic talk from members of the Committee, addressing education and getting people interested in the Committee’s concerns through publicity. Mr. Baker referred to Michael Talbot of the Conservation Commission as a possible speaker who he was impressed by. Ms. Gurney spoke that there was a lot of material available, but not enough time to view it all.
Ms. Kane thought that getting someone from the Conservation Commission to come in and explain things and participate in the life of the Committee.
The Chairman agreed to put out a request to the Commission. He also said that he would recommend forwarding the EDIC and would reinforce it at the next Selectmen’s Meeting.
Ms. Mason said that she would be happy to draft notices for the Board’s consideration for an EDIC meeting.
Discussion of Action Items
For Next Meeting
The Chairman asked for other items on the agenda. Zella Elizenberry said that she wanted to bring the topic of affordable housing to the next meeting. She said that she did not want it to get lost and fall through the cracks. She stressed the importance of it and asked what the Committee was recently doing and what was being proposed in Mashpee about affordable housing. The Chairman agreed to put Affordable Housing in the following meeting.
The Town Planner asked if any of the Committee members had completed the Chairman’s assignment regarding how they would like the Town of Mashpee to look like.
Public Comment
The Chairman asked for public comment. Mr. Miller commented that the Blue Ribbon Committee did not have an address on the Town’s website.
The Chairman said that he had made a request to the IS Director about needing electronic material to provide for the agenda and minutes. He said that he wanted to encourage the Committee members to gather material in an electronic format and to put a web page together.
Motion: The Chairman moved to adjourn the meeting and all voted unanimously.

        Respectfully submitted,
        
        Kimberly Hurd
        Board Secretary