AGENDA
BOARD OF SELECTMEN
MONDAY, SEPTEMBER 23, 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
September 9, 2013 – Regular Session Meeting Minutes
APPOINTMENTS & HEARINGS
6:30 Public Comment
Tax Collector/Treasurer – Acceptance of Refunding Bids
6:40 NSTAR – Orchard Road Substation
7:00 Marcia King – Assembly of Delegates Update
Ernest Virgilio – Cape Cod Commission Update
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Solid Waste Contract Discussion
- Request for Approval – Addendum #2/Sewer Commission-Professional Services
- Senior Work-Off Abatement Program
- Water & Sewer Legislation
NEW BUSINESS
- Mashpee VFW Post 5489: One-Day Liquor License Request – Oktoberfest
- Mashpee Wampanoag Rod & Gun Club: One-Day Liquor License Request
- Acceptance of Resignation – Special Events Committee
- Appointment to Mashpee TV Board of Directors
- Request for Approval - Verizon & NSTAR/Pole Placement on Quinaquisset Avenue
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
- Proposed Contract – Town Manager
Board of Selectmen
Minutes
September 23, 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, Conference Room #1
MINUTES:
Monday, September 9, 2013 Regular Session:
Motion made by Selectman Richardson to approve the Regular Session Minutes of Monday, September 9, 2013 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, abstained
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
Board of Selectmen
Minutes
September 23, 2013
APPOINTMENTS & HEARINGS:
Tax Collector/Treasurer – Acceptance of Refunding Bids:
Craig Mayen, Treasurer/Tax Collector was in attendance with Maureen Pacella, Eastern Bank’s Financial Advisor for the Town of Mashpee to review the Bond Refunding sale for September 27, 2013 with members of the Board of Selectmen.
The bonds for refunding include the Mashpee High School building bonds, departmental equipment and land taking bonds. Ten bids were received in response to advertisement. The most favorable bid was received from Raymond James & Associates, Inc. at the rate of .989%. As a result of the bid, and the AA+ rating the Town has received from Standard and Poor’s, the Town will save $389,000 after the issuance costs. Approximately 60% of the school savings, $175,000 will be shared with the state due to the reimbursement on the high school building.
A vote of the Board of Selectmen is required for the sale of the $5,995,000 General Obligation Refunding Bonds of the Town dated September 27, 2013 to Raymond James & Associates, Inc. at the price of $6,275,985.30. The motion was read aloud into the record. The official vote as duly adopted on this date, September 23, 2013 is enclosed in the copy of the minutes retained by the Town Clerk.
The motion was made by Selectman O’Hara, Clerk of the Board of Selectmen to endorse the General Obligation Refunding Bonds.
The motion was 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
Enclosure: Vote of the Board of Selectmen.
Board of Selectmen
Minutes
September 23, 2013
APPOINTMENTS & HEARINGS:
NSTAR – Orchard Road Substation:
Representatives from NSTAR Electric were before the Board to review improvements proposed at the substation located at 21 Orchard Road, Mashpee.
It was noted that NSTAR Electric has met with the Design Review Committee on two occasions to review the upgrade and expansion project proposal. In July, NSTAR met with the Design Review to continue their dialogue and to comment on questions raised at the June meeting.
David Velez, Project Manager for NSTAR indicated the Design Review Committee requested that improvements be made to the proposed site entrance to eliminate dirt and mud tracking onto Orchard Road. To address this concern, NSTAR has proposed to construct a 20’ paved apron at the end of the gravel driveway. The paving would conform to the Town’s standard for curb cuts.
In response to the question regarding the noise level, it was disclosed that a sound impact study is being conducted to document current and proposed conditions. Mr. Velez indicated the current transformer has been situated at the Orchard Road site location since the 1970’s. There is a need for a second transformer to modernize some of the switch gear and existing equipment. The new transformer would meet all DEP and broadband requirements which would result in an overall noise reduction from the site location.
Included in the Selectmen’s informational packet were photo’s showing the overlay of the proposed station expansion and a photo simulation depicting current and proposed site conditions and potential visual mitigation options.
It is the intention of NSTAR to obtain an exemption from the Department of Public Utilities (DPU) for this project. The filing under Chapter 40A, §3 would seek relief to bypass zoning regulations as the structures of the pole will be approximately 60’ in height.
Mr. Velez stated that construction although not continuous is expected to last up to twelve months. The exact sequence has not been determined since permitting has not been secured.
The Board of Selectmen opened the matter to solicit public comment.
Board of Selectmen
Minutes
September 23, 2013
APPOINTMENTS & HEARINGS:
NSTAR – Orchard Road Substation: (continued)
Judith Lage Margelejo an abutter to the project related concern with respect to the impact of the project to the homes along Orchard Road during construction. Of particular concern are noise impacts during the construction process.
In response, Mr. Velez indicated that work would be conducted during normal business and general construction hours from 7:30 a.m. – 8:00 a.m. to 3:00 p.m. or 4:00 p.m. At the time of the transformer delivery, a police detail would be on duty to assist the large carrying crane to minimize traffic impacts.
The matter of the increased dust was also address by Ms. Lage Margelejo. It was noted that a planting barrier was requested by the Design Review. Vegetation would be incorporated into the design along the property lines and within the fenced area. The impact of the project to the neighborhood, the children and the school buses was also given strong consideration.
It was noted the process is similar to building a home. There is flexibility in the schedule that would conform to the desires of the community. Mr. Velez added that most of the construction is civil work consisting of internal wiring inside the gated area. With technology, there are methods to reduce impact.
In reviewing the concerns of Ms. Margelejo, Mr. Velez indicated that NSTAR would set up a local number for residents to call if it is required during the construction process.
Maria Fedrada, 42 Orchard Road asked of the health risks. NSTAR representative John Cicko indicated that his firm is currently in the process of preparing a study to detail the electro-magnetic field levels relative to this project. The results of the study will be identified prior to construction. The environmental and noise impacts will also be reviewed when considering the overall expansion project. The process is a part of the DPU proceedings.
Board of Selectmen
Minutes
September 23, 2013
APPOINTMENTS & HEARINGS:
NSTAR – Orchard Road Substation: (continued)
Michael Hope, an area resident related concern with respect to the traffic impact during the construction project. Mr. Hope stated with the lights, the area is already congested with traffic. In response, NSTAR officials indicated there is a generous amount of property at the site to stage equipment. It is the company’s endeavor to get the equipment in and out of the property as soon as possible to alleviate traffic delays.
Peter Jacobson, 30 Orchard Road related concern with regards to the setbacks. It was noted the 200’ setback will remain treed until the new access road is constructed. The project will have little tree disturbance. Kevin McCune, NSTAR indicated this is a protected area for turtle habitat.
Erica Hafna, NSTAR stated that construction is anticipated to begin in the summer or fall of 2014 with construction completion at the end of 2015. It is the intention of NSTAR to work with the neighborhood of offset any visual mitigation. As part of the DPU process, the Town would be a part of the proceedings. At this time, NSTAR is requesting written, local support in seeking a zoning exemption from DPU as dimensional variances are required.
It was noted there is a previous zoning exemption at the subject site location that is permitted by the DPU. And with respect to height issues and safety concerns, the matter is governed by the National Electric Safety Code (NESC). Under the guidelines of the NESC, the code must be followed. The project will be designed to meet or exceed the level of safety required for this project.
Discussion followed with respect to bypassing the local ZBA. It was noted that ZBA members serve on the Design Review Committee. After a brief discussion, the Board voted as follows;
Motion made by Selectman Taylor to support NSTAR in the DPU filing for the Orchard Road Substation project subject to the review of the Mashpee Zoning Board of Appeals.
Motion seconded by Selectman O’Hara.
VOTE: 4-1. Motion carries.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, no
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, (1)
Board of Selectmen
Minutes
September 23, 2013
APPOINTMENTS & HEARINGS:
Marcia King – Assembly of Delegates Update:
Marcia King, Mashpee’s representative to the Assembly of Delegates gave a brief overview of pending matters. Currently, the issues under review include the Wastewater Plan, DRI thresholds, and the Cape-wide DCPC regarding the use of fertilizer.
Ms. King indicated the District of Critical Planning Concern (DCPC) is the first county-wide DCPC although regulations are anticipated to change on the state level in January. After the brief review, the Board of Selectmen requested Ms. King to continue the open dialogue, and attend Selectmen’s Meetings on a bi-annual basis.
Ernest Virgilio – Cape Cod Commission Update:
Long standing Cape Cod Commission representative Ernest Virgilio updated the Board of Selectmen on activities related to the Town of Mashpee. Mr. Virgilio indicated that he is aware of Town Board’s and Committee actions on regulatory matters.
Mr. Virgilio stated that he is careful and protective of the Town. High praise was given to the staff of professional planners at the CCC. In discussing the current economy and slow growth, along with high mitigation fees, the question was asked if the CCC is relaxing their fees or making improvements to attract businesses. In response Mr. Virgilio indicated the CCC has made staff changes, and is learning to understand developers concerns. In addition, the CCC is in the process of working with mitigation numbers to address this matter.
It was agreed that Mr. Virgilio would update the Board of Selectmen on a quarterly basis.
George Peterson, Chair of the Mashpee Planning Board was also in attendance for discussion purposes. Mr. Peterson was directed by the Selectmen to compile a list of services the Planning Board uses under the direction of the Cape Cod Commission. The Selectmen also requested information relative to the ways the CCC has previously assisted the Town of Mashpee. Mr. Peterson also serves on the Environmental Oversight Committee and indicated that the EOC Board is in full support of the DCPC and regional plan to deal with nitrogen loading.
Board of Selectmen
Minutes
September 23, 2013
OLD BUSINESS:
Solid Waste Contract Discussion:
At the request of the Board of Selectmen, the Director of Public Works compiled a list of Solid Waste Contract comparisons. The review of the agreements consisted of SEMASS, the current contract provider, and ABC Disposal also known as New Bedford Waste Services. The current contract with SEMASS is due to expire on December 31, 2014.
After reviewing this matter for some time, the Board of Selectmen decided to move forward with contract negotiations. It was noted that ABC Disposal revised their agreement to include transportation costs.
Joyce Mason, Town Manager recommended the Board enter into negotiations with ABC Disposal for a 10 year agreement with the option of extending the agreement up to 3 – 5 years. Negotiations would finalize the terms of the 10 year agreement.
Motion made by Selectman Taylor to enter into contract negotiations with ABC Disposal for the final terms of the contract.
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
Michael Camara indicated that New Bedford Waste Services/ABC Disposal has been a family business for the past forty years. Mr. Camara expressed appreciation to the Town of Mashpee for their support, and it is his promise to work with the Town and to give the Town the best service his family can provide.
Board of Selectmen
Minutes
September 23, 2013
Request for Approval – Addendum #2/Sewer Commission – Professional Services:
Tom Fudala, the Town Planner met with the Board of Selectmen for the purpose of reviewing an Addendum to the Agreement between the Town by its Sewer Commission and Lombardo Associates, Inc. for professional engineering services related to the Sewer Study and Report. It was noted that funding for engineering services shall not exceed $14,000. Funds exist within the allocated budget.
Motion made by Selectman Taylor to approve Addendum #2 between the Town of Mashpee by its Sewer Commission and Lombardo Associates, Inc. for the Sewer Study and Report as referenced.
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
Senior Work-Off Abatement Program:
Correspondence was received from Jason Streebel, Director of Assessing dated September 17, 2013 relative to the Senior Work-Off Tax Credit Abatement Program. Mr. Streebel in his memorandum has requested the Selectmen confirm the number of participants in this year’s program.
It was agreed the number would be increased by three for a total of 35 participants in the Council on Aging program. Last year, three specific persons participated in the program at the Mashpee Public Library. This year, the participants would not be specific in their duties allowing the partakers of the program to be assigned to other departments.
Motion made by Selectman Taylor to approve the Senior Abatement Program with 35 participants for FY2014 as referenced.
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
Board of Selectmen
Minutes
September 23, 2013
Water & Sewer Legislation:
The Board of Selectmen reviewed the Act authorizing the establishment of the Mashpee Water and Sewer District. Tom Fudala, a commissioner of the Mashpee Water District indicated the proposed legislation would be agreeable if Section 14 of the Act, relative to a Special Question by Ballot would be removed from the Agreement.
Motion made by Selectman Taylor to approve the Act relative to the establishment of the Mashpee Water and Sewer District removing Section 14.
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
NEW BUSINESS:
Mashpee VFW Post 5489: One-Day Liquor License Request – Oktoberfest:
Ted Theis, Mashpee VFW Post 5489 was before the Board to request permission to obtain a One-Day License to sell beer and wine with the Kiwanis Club at the 25th Annual Oktoberfest for fundraising purposes. The date of the event is October 12, 2013, with a rain date of October 13th.
Motion made by Selectman Taylor to approve the One Day Liquor License to the Mashpee VFW Post 5489 to sell beer and wine at the Annual Oktoberfest event to be held in Mashpee Commons on the corner of Steeple Street and Job’s Fishing Road, Mashpee.
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
Board of Selectmen
Minutes
September 23, 2013
NEW BUSINESS:
Mashpee Wampanoag Rod & Gun Club: One-Day Liquor License Request:
Michael Hope, Mashpee Wampanoag Rod & Gun Club was in attendance to request the Selectmen approve the use of their Liquor License on October 12, 2013 for a club event.
Motion made by Selectman Taylor to approve the request of the Mashpee Wampanoag Rod & Gun Club to use their One-Day Liquor License on October 12, 2013.
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
Acceptance of Resignation – Special Events Committee:
Correspondence was received from Amy Davies dated September 5, 2013 resigning from the Special Events Committee.
Motion made by Selectman Richardson to accept the resignation of Amy Davies from the Special Events Committee with regrets.
Motion seconded by Selectman Taylor.
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
September 23, 2013
NEW BUSINESS:
Appointment to Mashpee TV Board of Directors:
It was disclosed the Mashpee Cable and Advanced Technology Board (MCAT) declined the appointment as referenced, and endorsed the application of Arthur Joia to serve on the Mashpee TV Board of Directors. A letter of interest was received from Mr. Joia dated September 20th to serve on the TV Board. Mr. Joia is the Media Arts Director for the Mashpee Public Schools.
An additional letter of interest was received from Mwalim*7, Professor MJ Peters dated July 14, 2013 requesting to be appointed to the Mashpee TV Board. MJ Peters is an Associate Professor of English, and Director of Black Studies.
Although the above referenced candidates are regarded highly, the Board of Selectmen agreed to publically advertise the position.
Request for Approval – Verizon & NSTAR/Pole Placement on Quinaquisset Avenue:
A Utility Pole Hearing was held on September 12, 2013 relative to the installation and maintenance of a utility pole with sustaining and protecting fixtures as deemed necessary on Quinaquisset Avenue, east of Orchard Road.
The DPW Director recommended the project be conditioned with the following; curb cut permit to be submitted to the Department of Public Works, and due to the proximity of the roadway, a reflector common to those used on utility poles and approved by the DPW Director would be installed on the travel side of the road.
Motion made by Selectman Taylor to approve the request of Verizon & NSTAR for a utility pole placement of Quinaquisset Avenue as conditioned.
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
September 23, 2013
LIAISON REPORTS:
Library: There was a question regarding the Library opting to employ an outside attorney when the services of Town Counsel could be retained. There was also a question regarding the matter of the Library seeking to obtain a 501c, a non-profit status, and further, an inquiry regarding the Friends of the Mashpee Public Library remaining viable as a non-profit organization. It was agreed this matter would be further reviewed by the Library liaison.
Big Fix: Approximately 270 volunteers are expected to attend the Big Fix this weekend. The Big Fix is a community service event coordinated by the Housing Assistance Corporation to conduct home and landscape improvements.
Fire Chief Retirement: Fire Chief George Baker was recently honored at his retirement party for his dedicated service to the Town of Mashpee.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:20 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
IN THE MATTER OF EXECUTIVE SESSION
DATE: 09/23/13
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. ( ) B. Will Not Reconvene.
(X)
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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