AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 11, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room– Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Approval of the following:
Monday, February 25, 2013 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Paul Gobell, Sewer Administrator – MMR Wastewater Plan
6:50 Rick York, Shellfish Constable – Shellfish Propagation Program
7:00 Public Hearing – Joint Meeting – Capital Improvement Program Committee
- FY 2014 Capital Improvement Program
7:10 Jack McElhinney – Town Meeting Article Discussion
7:15 Rein Ciarfella – Proposed Farmer’s Market at Mashpee Community Park
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- May 6, 2013 Special & Annual Town Meeting Warrant – Draft #2
- Request to Fill Vacancy – Library – Temporary Part-Time Circulation Assistant
- Request to Fill Vacancy – DPW - Custodian
- Environmental Oversight Committee Discussion
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 11, 2013
Present: Selectman Richardson, Selectman Sherman, Selectman Taylor,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Richardson at 6:30 p.m.
Waquoit Meeting Room, Mashpee Town Hall
MINUTES:
Monday, February 25, 2013 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, February 25, 2013 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Request to Fill Vacancy – Library – Temporary Part-time Circulation Assistant:
The Town Manager recommended the Board approve the Position Vacancy Request for a part-time; 19 hours per week Circulation Assistant to the Library. The date of the vacancy is June 20, 2013.
Motion made by Selectman Sherman to approve the Position Vacancy Request for a Part-time Library Circulation Assistant as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
March 11, 2013
NEW BUSINESS:
Request to Fill Vacancy – DPW – Custodian:
A Position Vacancy Request was before the Board for a full-time; 40 hour per week Custodian to the Department of Public Works. It was requested the position be filled immediately as the date of the vacancy was March 8, 2013.
Motion made by Selectman Sherman to approve the Position Vacancy Request for DPW Custodian as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Environmental Oversight Committee Discussion:
A letter of interest dated March 5, 2013 was received from Michael Talbot to serve as a member of the Environmental Oversight Committee (EOC). Mr. Talbot is a member of the Mashpee Environmental Coalition (MEC) and would serve as the EOC’s liaison.
The EOC is fully supportive of the appointment. Mr. Talbot served on the Conservation Commission for many years, and has considerable experience in community planning, green-space development, environmental planning and conservation restoration.
Motion made by Selectman Cahalane to appoint Michael Talbot to the Environmental Oversight Committee.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Paul Gobell, Sewer Administrator – MMR Wastewater Plan:
At the last meeting, the Board agreed to discuss matters associated to a possible approach to sewering with Paul Gobell, the Town’s Sewer Administrator.
Mr. Gobell indicated he recently attended a meeting with the Massachusetts Military Reservation (MMR) to review the Joint Land Use Study with the surrounding towns. At the February 27, 2013 meeting, projects and areas of interest for community/military partnerships were identified.
The partnership for wastewater treatment was deemed both feasible and desirable. Several advantages to the Town of Mashpee include the extension of discharge and treatment permits and the existing site utilities. The treatment center is also located in an area that is not adjacent to residential homes and it is in close proximity to the Mashpee town line and service areas. In addition, the discharge is downstream from the well-head recharge area. There is also considerable savings in capital costs which would be associated to new construction, and with respect to water quality and the watersheds, contaminants such as nitrogen and phosphorus would be 100% removed.
It was noted the report for the MMR wastewater treatment facility was funded by the Department of Defense and compiled by the MA Development Finance Agency. Mr. Gobell informed the Board the highest ranked management option is to expand the wastewater treatment services to the surrounding towns. It was noted there is enough capacity for Bourne, Falmouth and Mashpee or Sandwich. Currently, the Town of Falmouth has offered to run the plant, and the Town of Sandwich has submitted a letter of interest to use the MMR treatment plant. Mr. Gobell recommended the Board submit a letter of interest to the project proposal.
The permit is due to expire in thirteen months. In October of 2014, the MMR is required to resubmit an application to the Department of Environmental Protection (DEP) regarding the permit extension and intended management option for the wastewater plan. It was noted the MMR is forecasting a very limited expansion in the future. The treatment site located north of Ashumet Pond is an older structure and would be required to be modified and re-established for use.
Carter Hunt was in attendance representing the MMR for the MA Development Finance Agency. Mr. Hunt indicated that it is a regional, local and cooperative opportunity. The MMR has not made a final determination to date. However, Mr. Carter stated that it is likely the military would allow for the transfer of the plant operation in its entirety.
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Paul Gobell, Sewer Administrator – MMR Wastewater Plan: (continued)
Motion made by Selectman Taylor to submit a letter of interest to the Massachusetts Military Reservation in support of the MMR Wastewater Treatment Plan.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Rick York – Shellfish Constable – Shellfish Propagation Program:
Richard York, Shellfish Constable was in attendance to discuss the shellfish propagation program planned to restore shellfish populations and reduce eutrophication in the estuaries. The goal of the project is to remove nitrogen to maintain and improve estuarine water quality and the health of the ecosystems. The project would also preserve, restore and enhance shellfish and finfish production.
Mr. York indicated the Community Preservation Committee has approved the $95,140 project for CPA funding at the May 2013 Special Town Meeting. The project includes the stocking of 2,000 oyster seed in the Mashpee River and 6,000,000 quahog seed in the Great River.
Shellfish aquaculture and fisheries harvests would remove more than half the nitrogen required in Mashpee to restore water quality in the estuaries. Mr. York explained this would be 10% of the nitrogen reduction required to restore water quality in the Mashpee River and 100% of the nitrogen reduction required to restore water quality in Great River, Little River, Hamblin Pond, Jehu Pond and Ockway Bay.
The project would begin this summer with the purchase of oyster and quahog seed, and the construction of trays and nets. It was noted that Americorps will assist in the construction of the trays in May with shellfish propagation funds and contribution funds from the Cape Cod Foundation.
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Rick York – Shellfish Constable – Shellfish Propagation Program: (continued)
It is expected the main harvest would occur in 2015 as it is the goal of the department to harvest seed larger than 1”. Nitrogen removal would be calculated from the harvest amount of each species.
It was reported the Sewer Commission is enthusiastic and supportive of the shellfish propagation program. The Board of Selectmen expressed appreciation to Mr. York for his course of action to remedy the estuaries and restore shellfish populations.
Mr. York stated that it has been a group effort, and cited the Mashpee Wampanoag Tribe, the Americorps and UMass Dartmouth SMAST for their assistance in this approach.
Public Hearing – Joint Meeting – Capital Improvement Program Committee
FY14 Capital Improvement Program:
The Board of Selectmen opened the Public Hearing in conjunction with the Capital Improvement Committee on the proposed Capital Improvement Plan for FY2014. The hearing notice was read aloud into the record by the Town Manager.
Capital Improvement Program (CIP) Committee members in attendance were Joyce Mason, Michael Richardson and Theresa Cook. Article #3 of the May 2013 Town Meeting warrant contains the list of various accounts proposed for funding in fiscal year 2014. The total CIP program is $1,262,256. Funding sources identified for appropriation or transfer include $554,256 from Revenues Available for appropriation, $528,000 from Ambulance Receipts, $100,000 from Chapter 90 funding, and $80,000 from MCAT funding.
The proposed Capital budget approved by the CIP Committee is consistent with the recommendation of the Town Manager.
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Joint Meeting – Capital Improvement Program Committee
FY14 Capital Improvement Program: (continued)
Capital Improvement Program projects to be funded from Free Cash in the amount of $554,256 include the following;
DPW – Various Equipment Replacement: $150,000
The CIP Committee continued their recommendation to authorize the DPW Director to expend $150,000 for trucks and equipment.
Fire – Replace Deputy Chief’s Vehicle: $ 39,000
The CIP Committee agreed to fund (1) new vehicle for the Fire Department’s Deputy Supervisor through a one-year purchase opposed to a lease-purchase program. The current 2004 Chevy Tahoe vehicle 102,361 miles and has had repairs including a transmission replacement.
Planning & Construction: $100,000
Replacement of Flooring $50,000
Locker Repair & Replaceemnt $20,000
School Restroom Improvements $30,000
Year 1 of a 3-year program would assist with the annual replacement of carpeting throughout various town buildings. Scheduled for replacement is carpeting in the Middle/High School and the K.C. Coombs School library and eight classrooms.
Lockers at the Middle/High School are proposed for replacement as they are in disrepair after fifteen years of use. Funding is for Year #1 of a 2-year program.
With capital funding, the Quashnet and K.C. Coombs Schools would receive improvements to their restrooms. The project includes the replacement of flooring, hand-dryers and wall partitions original to the buildings. The funding is the first year of a three-year upgrade.
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Joint Meeting – Capital Improvement Program Committee
FY14 Capital Improvement Program: (continued)
Police Department: $220,256
10 Police Vehicles – year 3 of 3 $120,000
4 Police Vehicles – year 2 of 3 $44,000
Shellfish Vehicle – year 1 of 3 $14,600
Safe Boat Engines $41,656
In the Police Department’s FY14 vehicle replacement program is year #3 of a 3-year lease for 10 marked or line vehicles. Also included is the required lease payment to fund 4 unmarked vehicles; year #2 of a 2-year lease program.
The 2003 Shellfish pick-up truck is recommended for replacement in FY14. The vehicle tows and transports heavy equipment and it is also used by the Police Department for emergency response, during winter storms on patrol, and it is driven in wooded areas to locate illegal dumping sites. The GMC Sierra pickup truck has approximately 69,000 miles and it is considerably rusted.
The replacement of the safe boat engines are deemed mission critical by the Police Department for Harbormaster operations. The boat was formerly acquired from the Coast Guard, and it has been difficult obtaining jet fuel to operate the worn and weathered engines.
Recreation Department:
29 Passenger Van $45,000
The replacement of the Recreation Department’s 1999 15 passenger van has been an ongoing CIP request. The vehicle has over 80,000 miles of wear and the floor is visibly deteriorating. The vehicle is used to transport youth to various sites within the Town of Mashpee and on out-of-town trips.
Total Revenue for Appropriation (Free Cash): $554,256
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Joint Meeting – Capital Improvement Program Committee
FY14 Capital Improvement Program: (continued)
Addition funding sources identified to offset the FY14 Capital Program:
Fire Department – 3 Ambulances: $528,000
Funding would derive from the Ambulance Receipts Account. The purchase of three ambulances would be cost effective, and allow for an adequate rotation of the vehicles to reduce wear. All ambulances are used steadily during the summer months and are currently in fair condition. Monthly maintenance is required on at least one ambulance vehicle.
Mashpee Cable and Advance Technology (MCAT) funding will support the following projects;
Information Technology: Open Cape Laterals: $25,000
The Open Cape laterals project will allow for the trenching and installation of conduit to allow for the connection of fiber optic cable at the Town’s Municipal Complex for the Police & Fire. It would also provide for connection to the Coombs and Quashnet Schools.
Information Technology: Remote Access: $25,000
Remote Access for six Police Department vehicles would advance technology to provide immediate remote access and provide for the dissemination of critical applications and data bases.
Schools: Wireless Upgrade: $30,000
The project will improve the wireless access throughout the school district. The project is year #1 of a 3-year program.
Total MCAT Funding: $80,000
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Joint Meeting – Capital Improvement Program Committee
FY14 Capital Improvement Program: (continued)
Addition funding sources identified to offset the FY14 Capital Program include:
Planning & Construction:
DPW Storage Garage: $100,000
A 50’x100’ metal building is proposed by the CIP using Chapter 90 funding, a one-time expense to serve as a DPW Storage Garage to house vehicles and equipment. Currently, all vehicles and equipment are stored outdoors and they are exposed to a variety of weather conditions.
It was suggested that bonding costs be considered for the $100,000 expenditure.
It was noted the Capital Improvement Program Committee will be considering a bond in FY15 for various road bond projects collectively.
The Board opened the Hearing to solicit comment.
Finance Committee member Christopher Avis had a few questions regarding the CIP appropriations. It was agreed the FY14 Capital Program would be further reviewed at the Selectmen’s Meeting next week. The Finance Committee is scheduled to meet with the Board to discuss the warrant on March 18th.
It was noted the Capital Improvement Program hearing is required by the mandates of the Town Charter.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Jack McElhinney – Town Meeting Article Discussion:
The Board of Selecmen met with Jack McElhinney, counsel for Willowbend Country Club to discuss a warrant article proposed to relocate public rights to travel on a portion of a private way within the Willowbend development, known as Simon’s Road, from its current location to a new easement, in order to allow a modification to Willowbend’s development plan.
Mr. McElhinney indicated that he has been working with Town Counsel Patrick Costello on this matter. Simon’s Road, an 8’ dirt path is considered an ancient way and is proposed for abandonment. To allow for Willowbend’s development plan, any rights of the public to travel on the existing Simon’s Road would be discontinued.
A total of 40 units of housing is proposed to be constructed in the area of the exisiting dirt road. A new paved road would be relocated behind the intended housing allowing public access. A large buffer would be created to the rear of the new homes and also to the front area of the subject properties adding more greenspace. Cranberry Ridge, the property abutters are supportive of the project proposal.
The project is scheduled to be discussed with the Planning Board at their April meeting. With their approval and a vote of the Board of Selectmen, the article would move forward for a vote of Town Meeting.
Rein Ciarfella – Proposed Farmer’s Market at Mashpee Community Park:
Rein Ciarfella was in attendance to request the Board of Selectmen approve a proposal to conduct a Farmer’s Market at the Mashpee Community Park. Mr. Ciarella indicated the Mashpee location is beatiful and an ideal venue for a Farmer’s Market. Initially 20 vendors are envisioned for the 2013 market intended to support the Buy Fresh Buy Local movement.
As the market develops Mr. Ciarfella is hopeful to develop a volunteer workforce and to increase the amount of vendors to 25-30. An eighteen week Saturday schedule is planned from June until September. The weekly open market will be held from 9:00 a.m. to 1:00 p.m. To allow for set up and disposal, Mr. Ciarfella has requested use of the park from 7:00 a.m. to 3:00 p.m.
Board of Selectmen
Minutes
March 11, 2013
APPOINTMENTS & HEARINGS:
Rein Ciarfella – Proposed Farmer’s Market at Mashpee Community Park:
(continued)
It was noted that CPA funding if approved by the voters at the May 2013 Town Meeting would assist with the re-establishment of the Community Park area. During construction and when the park is complete the schedule and placement of the Farmer’s Market would be required to be further reviewed.
It is necessary for the applicant to submit a Special Events Application to the Board of Selectmen for use of the Community Park. The Board of Health would also be required to permit the vendors. It was determined the Board of Selectmen would endorse the Farmer’s Market for the 2013 season and it was agreed that Town Counsel would prepare a contract for use of the Community Park.
NEW BUSINESS:
May 6, 2013 Special & Annual Town Meeting Warrant – Draft #2:
The Board of Selectmen conducted an initial review of Draft #2 of the Special and Annual Town Meeting warrants of Monday, May 6, 2013. The following articles were reviewed with the Department Heads in attendance;
Article #10: To create (2) part-time (19.5 hours) Cataloger positions at the Mashpee Public Library effective July 1, 2013.
Article #11: To create (2) part-time (19) hours Circulation Assistant positions at the Mashpee Public Library effective July 1, 2013.
Kathleen Mahoney, Librarian was in attendance to discuss the two referenced articles with the Board of Selectmen. There was no objection to the articles as printed. The Selectmen will take formal action on the warrant at their next meeting.
Board of Selectmen
Minutes
March 11, 2013
NEW BUSINESS:
May 6, 2013 Special & Annual Town Meeting Warrant – Draft #2: (continued)
Article #19: Medical Marijuana Treatment Centers; The article would establish a temporary moratorium on Medical Marijuana Treatment centers until January 1, 2015 to allow the Town the time to develop and adopt any necessary zoning by-laws and other regulations once the State Department of Public Health has issued its regulations regarding the implementation of the new law.
It was noted the State Department of Public Health is expected to establish their regulations at the end of April 2013.
Tom Fudala, the Town Planner was present to discuss the proposed article with members of the Board of Selectmen. The matter of the proposed moratorium was discussed in detail. It was agreed the temporary moratorium would be amended to reflect the date of the October 2013 Town Meeting, October 21, 2013.
It was suggested that a subcommittee be formed comprised of membership from the Board of Selectmen, Planning Board, Police Department and Board of Health to consider Town guidelines, and to prepare for the upcoming decision of the Department of Public Health.
Review of Special Town Meeting Warrant:
The Board of Selectmen took action on the following Special Town Meeting Warrant Articles;
Article #4: To seek funding from the Community Preservation Fund in moving forward with the development of a feasibility study at 209 Old Barnstable Road, Mashpee. The article was approved by the Community Preservation Committee as a contingency to the MA Housing Partnership grant funding source for the study.
It was disclosed the Town of Mashpee is the recipient of a grant award from the MA Housing Partnership in the amount of $15,000 to fund the feasibility study. The Affordable Housing Trust met prior to this meeting on this date and determined the CPA Article is not necessary since the grant has been attained.
Board of Selectmen
Minutes
March 11, 2013
Review of Special Town Meeting Warrant: (continued)
Article #4: Feasibility Study – 209 Old Barnstable Road
Motion made by Selectman Taylor to remove Article #4 from the Special Town Meeting Warrant.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #1: To transfer $55,000 from the Treasurer/Collector Consulting Account to the Treasurer/Collector Salary Account. The article is necessary due to the consultant leaving the Town and for the hiring of a full-time Treasurer/Tax Collector in October 2012.
Article #2: To appropriate and transfer $24,000 from the Police Salary/Wage Account to the Police Expense Account for contractual changes effective July 1, 2012.
Article #3: To replenish the Human Resources Accrued Benefits Account,
$10,000 to the Human Resources Accrued Benefit Account.
Article #4: Removed.
Article #5: CPA Project; To re-establish the Community Park - Development Project $235,000.
Article #6: CPA Project; Tiger Long Playground Improvements at
Heritage Park, $146,000.
Article #7: CPA Project; Splash Pad at Heritage Park, $105,000
HELD.
Article #8: CPA Project; Shellfish Restoration and to Improve the Estuaries
$95,140.
Article #9: To fund the deficit in the Snow & Ice Account.
Board of Selectmen
Minutes
March 11, 2013
Review of Special Town Meeting Warrant: (continued)
Motion made by Selectman Cahalane to approve Article 1, Article 2,
Article 3, Article 5, Article 6, Article 8, and Article 9 of the Special Town Meeting Warrant of Monday, May 6, 2013.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISON REPORTS:
EDIC: The newly published Economic Development Guidebook for businesses
was distributed to members of the Board of Selectmen.
EOC: Fire Chief George Baker is scheduled to attend the upcoming EOC meeting to discuss Emergency Planning and Preparedness.
Special Events: The Mashpee Chamber of Commerce will hold its Business After Hours from 5:30 p.m. to 7:00 p.m. at the Community Room on Joy Street. The event, a St. Patrick’s Day celebration will be hosted by the Mashpee Kiwanis Club.
Community Gardens: In an effort to clean-up the gardens, a deposit will be requested of which would be returned upon the clean-up of the garden areas.
Superintendent Search Committee: Interviews are scheduled to begin this week.
Affordable Housing Committee: An informational sharing meeting is being planned for Mashpee residents.
Boys & Girls Club: The Boys & Girls Club anticipates submitting an application to the Community Preservation Committee for CPA funding.
Representative Vieira: Assistance is requested to support the management of Mashpee’s shorelines.
Board of Selectmen
Minutes
March 11, 2013
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:13 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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