AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 5, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
To honor our troops who have died in defending our country, and all those serving our country in the armed forces.
MINUTES
July 22, 2013 – Regular and Executive Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Paul Gobell – Sewer Update
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Cape Cod 208 Water Quality – Staff Management Update
- October Town Meeting Warrant Review - Draft #2
NEW BUSINESS
- Certification of 2 Firefighters – 1 EMT and 1 Paramedic
- Mashpee Commons Wastewater Agreement Renewal
- Contract Negotiations – Clerical, DPW, Administrative Units A,B & C
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Negotiations – Clerical, DPW, Administrative Units A,B & C
Board of Selectmen
Minutes
August 5, 2013
Present: Selectman Cahalane, Selectman Richardson, Selectman O’Hara,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Waquoit Meeting Room
MINUTES:
Monday, July 22, 2013 Regular Session:
Motion made by Selectman to approve the Regular Session minutes of
Monday, July 22, 2013 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, abstained
Selectman O’Hara, abstained Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
Board of Selectmen
Minutes
August 5, 2013
APPOINTMENTS & HEARINGS:
Paul Gobell – Sewer Update:
Paul Gobell, Mashpee’s Sewer Administrator was in attendance to update the Selectmen on the status of the Water Quality Management Plan and to review matters associated to the transfer of the sewer jurisdiction to the Mashpee Water District.
Mr. Gobell indicated the study is comprised of three segments, collection, treatment, and disposal. And, the plan as it is currently scheduled is anticipated to be completed by the end of the year. The comment period is open and a matrix is under development to prioritize areas for sewerage treatment. The shellfish propagation/estuary restoration project is included in the mitigation proposed to reduce nitrogen/TMDL regulations imposed by the Department of Environmental Protection.
With the final plan, Mashpee should be in a good position to receive state funding. It was noted the joint planning effort at the MMR, remains an open option for regionalization with the surrounding towns. Although the process has been slow, the Cape Cod Commission has been coordinating the project to develop a solid plan for the proposal.
In other matters it was noted the Town of Mashpee by a vote of Town Meeting has been engaged in negotiations with the Mashpee Water District relative to the transfer of municipal sewer/wastewater treatment duties from the Town to the Water District. The transfer requires the adoption of a Special Act, and as a result of matters associated to obligations and responsibilities, the merger is not moving forward in an expeditious manner.
With little feedback from the Water District, it was recommended the Town consider the possibility of developing an alternate plan to implement the water quality management plan. It is currently not fully known if the Water District would even utilize the management plan being considered by the Town.
Upon discussion, it was agreed the Board would take action by remitting communication to the Water District requesting a joint meeting to further review this concern. It was noted the legislative act has been drafted, and time is running short for action to be taken within this legislative session.
Board of Selectmen
Minutes
August 5, 2013
OLD BUSINESS:
Cape Cod 208 Water Quality Management Plan – Staff Meeting Update:
The Board of Selectmen reviewed communication from the Town Manager dated August 1, 2013 relative to the Cape Cod Commission 208 Water Quality Management Plan. A staff level meeting was held in June to review the Cape Cod Commission’s methodology to update the 1978 plan proposed to outline approaches to water quality management across the Cape. To better review the proposed approaches, the Cape has been illustrated into four sub-regions. The sub-group boundaries in the Upper Cape include; the Buzzards Bay Group, the Falmouth Finger Group, the Waquoit Bay & Popponesset Bay and the Woods Hole Group.
In July of this year, a meeting was held at the Mashpee Library with the Upper Cape 208 stakeholders. The meeting centered on the schedule and briefly considered the original plan, and the issues contained within the plan. The next scheduled meeting is August 27th at the Mashpee Town Hall. A list of 51 stakeholders from the Town of Mashpee was compiled by the Assistant Town Manager, the designated point of contact for this project.
The Selectmen were requested to give input, and review the list of stakeholders proposed from key boards, committee’s and commissions.
Board of Selectmen
Minutes
August 5, 2013
NEW BUSINESS:
Certification of (2) Firefighters – 1 EMT/1Paramedic:
George Baker, Fire Chief was before the Board to request certification for the hiring of a Firefighter/EMT and a Firefighter Paramedic at Step 1 of the intended pay scale. Chief Baker discussed the hiring process related to the selection of the candidates recommended for the positions.
Motion made by Selectman Richardson to certify and confirm the appointment of Torey Montesi of Mashpee as Firefighter/EMT to the Mashpee Fire Department as recommended.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Richardson to certify and confirm the appointment of Kyle Smith, the final candidate for the position of Firefighter/Paramedic to the Mashpee Fire Department as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
August 5, 2013
NEW BUSINESS:
Mashpee Commons Wastewater Agreement Renewal:
The Board of Selectmen reviewed the Agreement between the Town of Mashpee and Mashpee Commons, LP for the treatment and disposal of wastewater for the Police Station, the Fire Station, Senior Center and Library.
All terms and conditions related to the three-year Agreement shall remain the same with the exception of 7.2; Sewage Treatment Fees, the date to determine the user fee is November 1st rather than December 31st. The date change will co-inside with the Town’s budget due date.
Motion made by Selectman Richardson to renew the Agreement between the Town of Mashpee and Mashpee Common, LP for the Treatment and Disposal of Wastewater as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
OLD BUSINESS:
October Town Meeting Warrant – Draft #2:
The Board of Selectmen reviewed Draft #2 of the October 21, 2013 Annual Town Meeting warrant dated July 31, 2013.
Article #1: To appropriate and transfer from the Capital Road Projects Accounts, $752,074.26 to the DPW Road/Parking Lot Reconstruction Account, funds to be expended under the Board of Selectmen. HELD.
The surplus funds are bond proceeds from various and completed road projects.
A list of road projects proposed for funding was requested as was an opinion from bond counsel relative to the option to place the surplus funds into a reserve account.
Article #2: To fund a cost of living adjustment for employees under the Laborers’ Union, Units A, B, and C. HELD.
Board of Selectmen
Minutes
August 5, 2013
OLD BUSINESS:
October Town Meeting Warrant – Draft #2: (continued)
Article #3: To fund the settlement for the SEIU, Local 888 AFL-CIO, Public Works Unit effective July 1, 2013. HELD.
Article #4: To fund a cost of living adjustment for employees under the SEIU, Local 888, AFL-CIO, Clerical Unit. HELD.
Article #5: To provide COLA funding for employees who fall under the Personnel Administration Plan and Special Contracts. HELD.
Article #6: To hire and equip (1) full-time Police Officer, $43,737 to the Patrolman Salaries Account to assign an officer to accomplish School Resource Officer duties.
Article #7: To fund the repair of the South Cape Beach parking lot damaged by storms over the years, mostly by Hurricane Sandy in 2012. The current estimate is $265,000 with possible reimbursement from FEMA.
Article #8: To set aside the annual and required 10% Reserves and Budgeted Reserve of the Community Preservation Fund.
Article #9: To appropriate $115,000 from the Community Preservation Fund to complete the re-development of the Community Park.
Article #10: To appropriate $650,000 from the Community Preservation Fund to conduct the Great River Boat Ramp Improvement Project. Also included is the reconstruction and enlargement of the parking lot.
Article #11: To appropriate $326,000 from the Community Preservation Fund to conduct the John’s Pond Beach Improvement Project.
Board of Selectmen
Minutes
August 5, 2013
OLD BUSINESS:
October Town Meeting Warrant – Draft #2: (continued)
Article #12: To appropriate $200,000 to allocate additional funds to the Housing Assistance Program in Year 2 and Year 3. HELD.
Supplemental information relative to the program guidelines, the budget, expenses, number of participants and the re-payment process was requested. There was also a question with regards to the auditing process related to the Housing Assistance Program.
Article #13: To appropriate $17,800 from the Community Preservation Fund to re-build and rehabilitate the outdoor basketball court at the Boys & Girls Club.
Article #14: To appropriate $21,000 from the Community Preservation Fund to fund the re-build and rehabilitation of the HVAC at the Boys & Girls Club. HELD.
The Board of Selectmen requested an additional opinion from Town Counsel regarding the rehabilitation of the HVAC system.
Article #15: To appropriate $114,490 from the Community Preservation Fund to continue the Shellfish Propagation/Estuary Project.
Article #16: To fund the Sewer Commission Administrator position through June, 2014, $33,000 to the Sewer Commission Part-Time Contractor Expense Account.
Article #17: To create the Library Revolving Account, $20,000 to receive and disburse funds generated through services supported by the revolving fund. HELD.
Additional information is requested regarding the intent of the programs and services.
Article #18: To grant the Board of Selectmen or other authorized authority the flexibility to enter into supply or service contracts for a period of up to five years rather than the three years currently allowed.
Board of Selectmen
Minutes
August 5, 2013
OLD BUSINESS:
October Town Meeting Warrant – Draft #2: (continued)
Article #19: To transfer title of two parcels identified as 108 Orchard Road and 68 Strawberry Avenue, previously taken by the Town for non-payment of taxes to persons or agencies to construct affordable homes or apartments.
Article #20: To transfer a parcel of land identified as 147 Lovell’s Lane to the care and custody of the Conservation Commission.
Article #21: Mashpee Commons road easement/taking for grant eligibility.
Article #22: Zoning Bylaw amendment to clarify the intent of Subsection 174-45.B, wastewater treatment requirements for Motels, Hotels, Hospitals, Infirmaries, Nursing Homes, Convalescent Homes, Congregate Care or Assisted Living Facilities.
Article #23: To allow a Congregate Care or Assisted Living Facility of two stories or less, Zoning Bylaw amendment; first floor square footage, natural buffer.
Article #24: Open Space Incentive Development Bylaw and the Commercial Center Bylaw amendment to bring conformity with current affordable housing requirements of the cluster subdivision bylaw. HELD.
The Town Planner will be requested to discuss this article at the next meeting.
Article #25: The article defines the permitting requirements and standards for Medical marijuana Treatment Centers, a/k/a Registered Marijuana Dispensaries.
HELD.
The article will be reviewed with the Town Planner.
LIAISON REPORTS:
Schools: On August 6th, the Memorandum of Understanding (MOU) between the Town and Schools will be reviewed with the School Superintendent. The next joint meeting with representatives from the Town and Schools is August 19th
Board of Selectmen
Minutes
August 5, 2013
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:45 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing Contract Negotiations relative to Clerical, DPW and Administrative Units A, B, and C.
The Board may reconvene in Open Session following discussion.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
IN THE MATTER OF EXECUTIVE SESSION
DATE: 08/05/13
It is MOVED by: Selectman Taylor
That this governmental body hold an Executive Session.
A Roll was Called (see attached Roll Call).
The Clerk of this Executive Session was designated as:
Selectman O’Hara
A quorum being present and a Majority having voted to go into Executive Session, the Chair states that:
1. This meeting Convened in Open Session and
A. Notice and Posting of the Meeting was Given. OR (X)
B. The Meeting is an Emergency Meeting. ( )
2. After the Executive Session, the Meeting
A. Will Reconvene. (X) B. Will Not Reconvene.
( )
3. The Purpose or Purposes of this Executive Session are:
A. To deliberate upon matters involving Individuals where the Individuals involved have been notified in writing of the meeting and have not requested an open meeting, and regarding:
1. The Reputation and Character of the Individual. ( )
2. The Physical Condition and Mental Health of the Individual. ( )
3. The Discipline or Dismissal of a Public Officer,
Employee, Staff Member or Individual. ( )
4. A Complaint or Charge brought Against a Public
Officer, Employee, Staff Member or individual. ( )
B. To Deliberate upon Matters which, if done in Open Meeting, could Detrimentally Affect the Position of the City, and regarding:
1. Collective Bargaining. (X)
2. Strategy with respect to Collective Bargaining. ( )
3. Strategy with respect to Litigation ( )
4. The Purchase, Exchange, Lease or Value of Real
Property. ( )
C. To Deliberate Matters regarding:
1. The Deployment of Security Personnel Devices ( )
2. Allegations of Criminal Misconduct ( )
D. To Comply with the Provisions of a General Law or Special Law or
Federal Grant in Aid Requirement, the Specific Law being:
( )
4. All of the foregoing is hereby made part of the official Minutes of this Body. (X)
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