AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 18, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Monday, November 4, 2013 - Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Cape Light Compact Update Presentation
6:50 2014 Hero Triathlon Update
7:00 Medical Marijuana of Massachusetts
7:15 East Coast Wellness Center, Inc.
7:30 Public Hearing: Special Events Application – Mashpee Chamber of Commerce
Annual Christmas Parade
COMMUNICATIONS & CORRESPONDENCE
- Environment Massachusetts - National Seashore: Request for Letter of Support
OLD BUSINESS
NEW BUSINESS
- Mashpee Housing Authority – Feasibility Study Request: 950 Falmouth Road
- Recommendation for Appointment – Affordable Housing Committee
- Recommendation for Appointment – Mashpee TV Board of Directors
- Certification and Approval of Hiring Process – Firefighter/Paramedic
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
- Pending Litigation: Town of Mashpee and South Cape Resort Club & Community
Board of Selectmen
Minutes
November 18, 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.
Mashpee Town Hall, Waquoit Meeting Room.
MINUTES:
Monday, November 4, 2013 Regular Session:
Motion made by Selectman Richardson to approve the Regular Session minutes of Monday, November 4, 2013 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
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
Cape Light Compact Update Presentation:
Maggie Downey Assistant County Administrator and Administrator to the Cape Light Compact was in attendance to update the Selectmen on the Cape Light Compact and its accomplishments. An overview of the membership and its tasks was presented in video format.
Ms. Downey indicated the Cape Light Compact (CLC) represents all fifteen Cape towns, six Martha’s Vineyard towns and two counties. Each member town/county has an appointed representative to the CLC Board. Tom Mayo, the Assistant Town Manager is Mashpee’s representative. The three primary tasks of the CLC include; power supply, energy efficiency and consumer advocacy.
Board of Selectmen
Minutes
November 18, 2013
Cape Light Compact Update Presentation: (continued)
Ms. Downey explained the Energy Efficiency Plan (EEP) has three program areas; residential, low-income and commercial & industrial. Incentives have been enhanced to serve the needs of the community. It was noted the home energy audit rebate has been increased, up to $4,000, the average amount of what customers need. Renters also qualify for the incentives with no co-pay. New enhancements include the inclusion of heat pump water heaters to replace electric storage water heaters, and the inclusion of light-emitting diodes (LED’s). In the commercial & industrial program, there are direct install measures, and incentives for financing.
It was noted in the Town of Mashpee, the CLC services 11,400 electric accounts. In 2012, 859 Mashpee accounts have saved over $258,900 in electric costs. It was noted the Town Hall, Police Department and Recreation Department received $101,619 of energy efficiency funds, and the Mashpee High School has saved over $3,000 in electric costs.
Additional incentives for improvements in the Town of Mashpee in 2013 - 2014 include the change of 364 municipal street lights to LED’s to bring forth a projected savings in operation and maintenance of $13,158 per year. The installation of the municipal LED lighting is expected to begin in 2014.
2014 Hero Triathlon Update:
Bill Burnett of Streamline Events was in attendance to discuss plans scheduled for the 2014 Hero Triathlon in the Town of Mashpee. Mr. Burnett indicated that last year’s event held in September was successful and well-coordinated.
In discussing this venture with the Joint Base Cape Cod at the MMR Mr. Burnett has requested the Board approve the re-scheduling of the triathlon to Sunday, June 22, 2014. With the Selectmen’s approval, registration would begin in early December.
Mr. Burnett indicated this matter has been reviewed with the Town’s Recreation Department without objection. Although the annual Super Swim Meet is scheduled on June 21st, there is no appearance of a conflict. Set up would begin in the late afternoon on the 21st with the clean-up completed on Sunday, June 22nd by 1:00 p.m. after the race event.
Board of Selectmen
Minutes
November 18, 2013
APPOINTMENTS & HEARINGS:
2014 Hero Triathlon Update: (continued)
It was noted the triathlon is planned to be held at the John’s Pond Beach area just prior to the onset of the summer season. Additional details regarding the race will be disclosed at a later date.
Motion made by Selectman Richardson to move forward with the 2014 Hero Triathlon on Sunday, June 22, 2014 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
COMMUNICATIONS & CORRESPONDENCE:
Environment Massachusetts – National Seashore: Request for Letter of Support:
Communication was received from Maureen Hennessy; Environment Massachusetts dated November 12, 2013 requesting the Board support their campaign to protect the Cape Cod National Seashore. Environment Massachusetts is working to restore funding to the Cape Cod National Seashore and other parks across the country.
Over the past two years, the National Park Service has faced budget reductions. The Cape Cod National Seashore received almost $400,000 in budget cuts. As a result seasonal positions were unfilled, education programs were suspended and the visitor center was forced to open late.
Board of Selectmen
Minutes
November 18, 2013
COMMUNICATIONS & CORRESPONDENCE:
Environment Massachusetts – National Seashore: Request for Letter of Support:
(continued)
The Board of Selectmen in concern to the protection of this historical and recreational gem pertinent to the Town of Mashpee agreed to remit a letter of support.
Motion made by Selectman Richardson to send a letter of support in the campaign to protect the Cape Cod National Seashore.
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
Street Naming & Numbering Policy:
The Board of Selectmen briefly reviewed a draft Street Naming and Street Numbering Policy addressing all proposed street names and street numbering in the Town of Mashpee or considered a safety hazard by the Mashpee Police Chief or Mashpee Fire Chief after the date of May 12, 2012.
It is hopeful the new document will have little impact to the residents affected by the change. Board of Selectmen members were requested to remit input into the proposed policy. The matter will appear as a future agenda topic of discussion.
Mashpee Police Department – Gun Safety Class:
Selectman Taylor indicated he recently attended the gun safety class sponsored by the Mashpee Police Department. The small class is open to all Mashpee residents free of charge. It is comprised of 10 to 12 residents and it is conducted on a monthly basis. Interested citizens should contact Police Sergeant Sullivan at the Mashpee Police Department.
Board of Selectmen
Minutes
November 18, 2013
COMMUNICATIONS & CORRESPONDENCE:
Signalization – Great Neck Road North/Lowell Road:
It was noted the noise complaint relative to the traffic signal on Great Neck Road North at the intersection of Lowell Road has been rectified. The Town’s ADA Committee was in agreement with the Board of Selectmen’s recommendation to turn-off the audible mechanism on the street light unit. The ADA Committee did state however, if a visually impaired individual were to move to the area of discussion, it may be necessary to re-activate the unit.
APPOINTMENTS & HEARINGS:
Medical Marijuana of Massachusetts, Inc.:
East Coast Wellness Center, Inc.:
Two organizations have approached the Town of Mashpee in request of a letter of support/non-opposition regarding their intention to establish a registered medical marijuana dispensary in the Town of Mashpee. The Board of Selectmen heard from the following applicants, Medical Marijuana of Massachusetts, Inc. and East Coast Wellness Center, Inc.
Selectman O’Hara stepped down and did not participate in the matter.
Under the regulations promulgated earlier this year by the Department of Public Health (DPH), the applicants must notify the chief administrative officer, and the chief of police in the city or town in which the dispensary would be located as well as the county sheriff. The DPH may approve up to 35 dispensaries statewide, with at least one, but no more than 5 per county.
Numerous components to this phase of the application process include disclosure of the physical address of the site, the physical address of any additional site at which marijuana would be cultivated or prepared, proof of non-profit status, demonstration of financial capacity, and background information about each board member associated to the non-profit.
Board of Selectmen
Minutes
November 18, 2013
Medical Marijuana of Massachusetts – East Coast Wellness Center, Inc.: (cont’d)
The Selectmen received communication from the Mashpee Board of Health dated November 17, 2013 indicating they have agreed to hold a non-opposition position for both applicants to operate a medical marijuana dispensary in the Town of Mashpee.
Additional correspondence was received from James Cummings Sheriff of Barnstable County dated November 15, 2013 indicating he has not taken a formal position on MGL 369, An Act for the Humanitarian Use of Marijuana for Medical Purposes. However, Sheriff Cummings stated in his memorandum he has met with the principals of Medical Marijuana of Massachusetts (MMM), and recognizes several members of the distinguished group personally. He is also aware of the professional reputations of those involved, and has highly recommended the company for this undertaking.
Communication was also received from Michael O’Keefe, District Attorney dated November 5, 2013 recommending the entity known as Medical Marijuana of Massachusetts, Inc. based on his knowledge of the individuals involved and the recognition of the personnel having the expertise and experience to implement the treatment center.
Medical Marijuana of Massachusetts, Inc.:
William Delahunt, a member of the Board of Directors of Medical Marijuana of Massachusetts outlined the corporate structure of the company which consists of a group of distinguished medical doctors, retired law enforcement officers, an addiction prevention director including a well-known Cape resident with a governmental and civic career on Cape Cod and in the Town of Mashpee.
The individuals on the Board of Directors include William Delahunt a former U.S. Congressman and MA District Attorney, Attorney Lianne Ankner Esq. who specializes in regulatory compliance, Jonathan Herlihy, the chief operating officer of a large Massachusetts medical group practice and related and medical doctor surgery centers, Trexler Topping M.D, a practicing physician and President of a large physician group practice. Co-Directors of Security and Diversion include; Joseph Flaherty a retired Massachusetts State Police Officer of thirty years and Carlo Boccia, a former Special Agent in charge of the New York division of DEA. Raymond Tamasi is the Director of Addiction Prevention and the current Director of the Gosnold Treatment Center of Cape Cod, Mary LeClair, the Director of Outreach and
former Barnstable County Commissioner, serving as Barnstable County Treasurer and previous Chair of the Gosnold Treatment Center Board of Directors.
Board of Selectmen
Minutes
November 18, 2013
APPOINTMENTS & HEARINGS:
Medical Marijuana of Massachusetts: (continued)
It was noted that additional doctors are involved in the organization, including Ophthalmologists and Oncologists.
The mission of the MMM is to cultivate and deliver medical marijuana to registered qualified patients of the Commonwealth of Massachusetts in accordance with the highest standards for quality of products, services, patient safety and public safety with the goal of alleviating symptoms of debilitating health conditions that warrant the administration of medical marijuana.
It was noted on September 23, 2013, the DPH invited Medical Marijuana of Massachusetts, Inc. to submit their Phase 2 applications to obtain a certificate of registration to operate a Registered Marijuana Dispensary (RMD) in three Massachusetts towns.
The site location of the RMD in the Town of Mashpee is referenced as 95 Echo Road; Lot 1, Mashpee, a 4,000 square foot facility.
It is the intent of Medical Marijuana of Massachusetts to operate as the premier model for the delivery of medical marijuana by implementing and endorsing the highest standards of professionalism, integrity and ethics.
East Coast Wellness Center, Inc.:
Richard Comenzo, Esq. was in attendance representing East Coast Wellness Center, Inc. (ECWC) of Mashpee. Attorney Comenzo introduced Kevin Andrade, President and CEO of ECWC. Mr. Andrade is also the property owner of the proposed building of the RMD at the site location; Unit 101C and Unit 102C Summerfield Park located off of Industrial Drive, Mashpee.
Mr. Comenzo also acknowledged Jesse Mayo in charge of security, and Rebecca Benoit, R.N., the Patient Advocate for East Coast Wellness Center, Inc. It was disclosed that patient centric focus will be heavily emphasized.
It was explained there are nine debilitating illnesses to which marijuana would be prescribed. This includes Cancer, ALS, Crohns Disease and Glaucoma. East Coast Wellness Center is conveniently located off Route 28, 1.5 miles from the Mashpee Police Station and accessible by public transportation, specifically the Cape Cod Regional Transit Authority.
Board of Selectmen
Minutes
November 18, 2013
APPOINTMENTS & HEARINGS:
East Coast Wellness Center, Inc.: (continued)
It is the intention of the non-profit entity to provide the Mashpee community with philanthropic support. The main objective would be to provide Mashpee with income and charitable donations for enhanced programs such as addiction centers, drug education, and additional police monitoring in the schools. In a charitable manner of giving, educational seminars, support groups and community outreach are also proposed.
Medical marijuana patients will be managed by a full-time Registered Nurse. All RMD agents would be trained and would work under the R.N. supervision.
In discussing security, it was disclosed that Oscar J. Langford of Wareham, a retired state police officer is retained as liaison to security. An overview of the proposed 2,000 square foot facility was detailed. Security elements include steel doors, 28 cameras on site, and a 24 hour closed-circuit surveillance monitoring system accessible via the Internet to allow access to the Mashpee Police Department. In addition to maintaining an on-site security guard, key cards would be used extensively, and staff members would maintain use of a panic button at all times. Bollards are intended to be installed to mitigate theft.
It was disclosed the cultivation site would be located in the basement area of the subject site location. The cultivation area will not contain windows. The dispensary area will have windows with security frost to refute visibility.
Matt Patrick, a former State Representative indicated he is a part of the East Coast Wellness organization. It is his intention to uphold the reputation of Mashpee and its community.
The mission of East Coast Wellness is to effectively provide safe, affordable, and premium medical cannabis to our patients. This is why East Coast Wellness employs the best cultivation techniques and an experienced on-site Registered Nurse who will handle patient issues and education. East Coast Wellness is determined to serve our patients with a variety of health management services as well as reliable access to premium medical cannabis. In doing so, our vision is to foster the growth of Massachusetts’s legitimate medical marijuana industry and to support the surrounding communities through charitable donations and services.
Board of Selectmen
Minutes
November 18, 2013
APPOINTMENTS & HEARINGS:
Medical Marijuana of Massachusetts – East Coast Wellness Center, Inc.: (cont’d)
After hearing the presentations, the Board of Selectmen indicated the Town, including the Board of Health and Police Department do not maintain oversight on this matter, and there are no financial incentives for Mashpee as new taxes would not be generated. It was noted that ECWC has their facility in place, and MMM would be constructing a new building.
Mashpee Chief of Police Rodney Collins indicated that from a police department perspective safety, security, and safety in compliance with the law is the number one concern. Chief Collins commented on prevention and diversion. Chief Collins also stated that security on the perimeter and cameras would prevent loitering.
With regards to safety and security, Chief Collins indicated the MMM group has impeccable credentials. In the review process, the MMM team was noted to have sought out the Chief. Citing the public service record, and civil component of the MMM group Chief Collins in his opinion stated they are gold standard, and recommended the MMM receive a strong letter of support. With regards to the East Coast Wellness Center, Chief Collins indicated he has no opposition to this organization.
When asked of the proposed MMM facility on Echo Road in concern to the neighborhood in the proximity of Route 130, it was explained the building would be sited down the road about ½ of the way from Route 130. It is a stand-alone facility that would contain perimeter fencing and an on-site gate guard. The building would be designed with security in collaboration with the Town Manager and Police Department. The new facility would also provide property tax revenue to the Town.
Proponents of the Medical Marijuana of Massachusetts group applauded East Coast Wellness Center for their proposed contributions to the Mashpee community. With a percentage of generated revenue, it is the intention of MMM to consult the Town regarding the preferred direction. However, key areas to address include the educational component, and areas of addiction.
The MMM group indicated they do not intend to cultivate. There would not be a growth center in the Town of Mashpee. The Echo Road facility is a small facility proposed to dispense medication to those with an appropriate prescription.
Board of Selectmen
Minutes
November 18, 2013
Medical Marijuana of Massachusetts – East Coast Wellness Center, Inc.: (cont’d)
Discussion followed with respect to courier service. Delivery is intended for Veterans and to those with a hardship. Both firms indicated that courier service would be provided to those who have a transportation hardship by armed vehicles. It was noted that a patient may receive a hardship cultivation license to allow them to grow their own marijuana. Under the hardship, a patient must show a transportation hardship as well.
To obtain medical marijuana, the patient obtains a prescription from their primary health care provider. A state card is then issued by the Department of Public Health. The prescription is completed at the Registered Marijuana Dispensary as the exact type of marijuana strain required for the patient as it is dependent upon the type of need. It was noted there would be a monitoring system for prescriptions. Currently, it is projected that 10 ounces of marijuana would be consumed in a two month period.
In reviewing the referenced consumption, representatives of the MMM group indicated that a patient would only be allowed to purchase no more than one ounce per day and it is projected that patients would consume an average of four ounces per year. Ten ounces may be excessive. Products to be used by MMM include flower buds, and marijuana infused products to consume the medication under the tongue for those unable to use the drug in the smoking form. Brownies and lollipops would not be dispensed. It was also disclosed it is deemed a felony if a patient were to use the prescription fraudulently.
The Board of Selectmen indicated that both organizations appear to be responsible with solid presentations. There was no objection from the public during this review, and no objection from the Board of Selectmen.
Motion made by Selectman Richardson to send letters of support to the Medical Marijuana of Massachusetts, Inc. and East Coast Wellness Center, Inc. proposed as Registered Marijuana Dispensaries in the Town of Mashpee.
Motion seconded by Selectman Taylor.
VOTE: 4-0-1.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Selectman O’Hara, stepped down
Board of Selectmen
Minutes
November 18, 2013
NEW BUSINESS:
Mashpee Housing Authority – Feasibility Study Request: 950 Falmouth Road:
Correspondence was received from Leila Botsford, Executive Director of the Mashpee Housing Authority dated October 28, 2013 requesting permission to conduct a feasibility study for affordable housing at the 950 Falmouth Road parcels, land currently owned by the Town of Mashpee.
Included in the correspondence was a map of the 950 Falmouth Road parcels referenced as 93-6; 2.49 acres, and 93-7; 3.26 acres.
Mashpee Housing Authority member David Harsch was in attendance to discuss the proposal with the Board of Selectmen. Mr. Harsch indicated the MHA will apply for grant funding to conduct the affordable housing study intended for workforce housing. There is no cost to the Town for the study.
It was noted the site has been prioritized by the Affordable Housing Committee (AHC) for the development of affordable housing. The AHC previously met with the Board of Selectmen requesting to conduct a feasibility study at this particular location. At the time, the site was under review by the Town for other uses, and it was determined the AHC would move forward with a feasibility study at the 209 Old Barnstable Road location. It was agreed the Affordable Housing Committee would have involvement in the process.
With regards to other properties managed by the Mashpee Housing Authority, it was noted the Great Coves LLC project formerly known as the Breezy Acres Expansion project is moving forward towards completion.
Motion made by Selectman O’Hara to allow the Mashpee Housing Authority to proceed with a feasibility study for affordable housing at the 950 Falmouth Road, Mashpee parcels as referenced, and that the study shall be completed within a (1) year period.
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
November 18, 2013
Recommendation for Appointment – Affordable Housing Committee:
Correspondence was received from Walter Abbott; Chair of the Affordable Housing Committee dated November 1, 2013 recommending the appointment of Michelle Tobey to the Mashpee Affordable Housing Committee.
Ms. Tobey has submitted two letters of interest dated June 26, 2013 and October 29, 2013 to serve in the current open seat. The letters of interest were contained in the Selectmen’s informational packet. Ms. Tobey is a member of the Mashpee Wampanoag Tribe. However, Ms. Tobey is not a Mashpee resident. Ms. Tobey resides in the Town of Cotuit. It is the policy of the Board of Selectmen to appoint Town residents only to Town Boards and Committees.
*Motion made by Selectman Richardson to appoint Michelle Tobey to the Affordable Housing Committee.
There was no second to the motion.
The motion did not carry.
Motion made by Selectman Taylor to not recommend the appointment of Michelle Tobey to the Affordable Housing Committee.
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
November 18, 2013
Recommendation for Appointment – Mashpee TV Board of Directors:
In response to advertisement, two letters of interest were received for appointment to the Mashpee TV Board of Directors. Duties of the position include overseeing the operations of the Mashpee TV Studio to provide public education and government access programming. Both applicants have experience in film production and communications.
Upon review, the Board voted as follows;
Motion made by Selectman Sherman to appoint Mary Lou Palumbo to the Mashpee TV Board of Directors.
Motion seconded by Selectman Cahalane.
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
Certification and Approval of Hiring Process – Firefighter/Paramedic:
Tom Rullo, Acting Fire Chief was before the Board to recommend the hiring of Ryan Higgins as Firefighter/Paramedic pending the completion of a CORI driving record check, physical examination, psychological exam and the physical ability test. If supported by the Board, Mr. Higgins would start working on December 9, 2013.
It was noted that it is a requirement of the Fire Department that all fire personnel reside within 7.5 miles of the Mashpee border. Mr. Higgins currently lives in Dennisport and is expected to relocate with his family.
Motion made by Selectman Taylor to certify and confirm the hiring of Ryan Higgins as Firefighter/Paramedic at Step 1 of the intended pay scale pending the completion of the pre-employment testing 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
November 18, 2013
LIAISON REPORTS:
MHS Senior Projects: It was noted that Selectman Sherman recruited two female students to participate in Town government activities for their senior projects. This year the students will actively partake in the Recycling Committee and work with the Community Calendar.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:17 p.m.
The Board will enter into Executive Session for the purpose of discussing pending litigation. 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
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