AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 13, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, January 23, 2012 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Application for Permit – One-Day All Alcohol License – Mashpee Board of Library Trustees
- EDIC Working Group Update
- Request to Fill Vacancy – GIS Coordinator
NEW BUSINESS
- Request to Fill Vacancy – Firefighter/EMT
- Town Manager Update on Mashpee Water District/ Sewer
- Town Manager Request to Adopt Health Care Reform
- Letter of Support to DHCD – Mashpee Village Apartments
- Review & Execution of Order of Taking – Great Hay Estates – Partial of Polaris Drive, Taurus Drive, and Partial of Gemini Road
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Negotiations– Firefighters, IAFF Local 2519
- Contract Negotiations – Laborers’ Units A & B
- Contract Negotiations – Laborers’ Unit C
- Discussion on Real Property – Cotuit Bay Condominium
Board of Selectmen
Minutes
February 13, 2012
Present: Wayne Taylor, Mike Richardson, Carol Sherman,
John Cahalane, Tom O’Hara
Joyce Mason Town Manager
Tom Mayo Assistant Town Manager
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, January 23, 2012 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, January 23, 2012 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
Mashpee Men’s Club Meeting:
The Board of Selectmen and Town Manager were invited to attend the next meeting of the Mashpee Men’s Club on Tuesday, March 20, 2012. The luncheon begins at noon.
Media Access Meeting:
The Town Manager is scheduled to meet with a local consultant to review the transition of media access from Comcast to the Town of Mashpee.
OLD BUSINESS:
Application for Permit – One-Day All Alcohol License – Mashpee Board of Library Trustees:
It was disclosed the application submitted by the Mashpee Board of Library Trustees to hold a fundraiser dinner/dance has been withdrawn as the February event has been cancelled.
EDIC Working Group Update:
The ad hoc committee formed to review the Request for Proposals to develop a 6-acre site on Commercial Street agreed to formally defer the project at this time to focus on completing the transfer of the 2.6 acre site to the EDIC located within the Industrial Park.
It was noted that Town Counsel was involved in the review, and it is recommended the Board of Selectmen move forward to execute and record the deed to transfer the subject 2.6 acre parcel. It was also recommended the Selectmen obtain a Directors & Officers Liability policy for the EDIC for one year to give the EDIC the ability to obtain a 501 3c status and establish a funding source to move forward to sustain itself. The cost of the policy for one year is $885.00
It was noted the parcel was transferred to the Town through a development agreement negotiated with the Cape Cod Commission. The voters at the October 2008 Town Meeting authorized the transfer of the 2.6 acre site to the Mashpee Economic Development and Industrial Corporation for development and use as the EDIC may determine. Such possibilities for seed money include the creation of an incubator building or by sale of the subject property.
Motion made by Selectman Cahalane to execute and record the deed for the 2.66 acres +/- as shown on Assessors’ Map 88 as Block 29 to the Mashpee EDIC, and further obtain a Director’s and Officers Liability policy for the EDIC for one year to allow the EDIC to develop their own funding sources as the EDIC may determine.
Motion seconded by Selectman Richardson.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, abstained Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
OLD BUSINESS:
Request to Fill Vacancy – GIS Coordinator:
Correspondence was received from the Human Resources Director dated February 6, 2012 relative to the position of GIS Coordinator. Mrs. Farren in her memorandum indicated the job title has been modified from GIS Administrator to GIS Coordinator as a result of a change in administrative and supervisory duties. In addition to the title change, the salary schedule has been modified and is comparable with neighboring Cape towns.
To assist the Board with their review, the Town Manager and Assistant Town Manager reviewed documentation previously submitted to the Selectmen to reflect the importance of the full-time position. In their packet, the Board of Selectmen also received several letters of support from key departments regarding the essential need for the GIS position. It was noted the GIS Coordinator interacts with most Town departments on a daily basis. Projects include specific departmental mapping, and maintaining GIS information for in-vehicle use. To conform to the reorganization plan of the Town, the GIS Coordinator position would report to the IT Director.
Tom Mayo, the Assistant Town Manager indicated the Town is at the level to which the GIS have been built. Mr. Mayo also reminded the Selectmen the Town has invested in the software and hardware to support the function of GIS as long as it is maintained. An informational handout was disseminated regarding the responsibilities of the GIS Coordinator. (Copy to be retained in official BOS minutes)
Motion made by Selectman Richardson to support the GIS Coordinator position on a full-time basis as written.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Request to Fill Vacancy – Firefighter/EMT:
George Baker, Fire Chief was in attendance to recommend the Board approve the Position Vacancy Request for Firefighter/EMT.
Motion made by Selectman Cahalane to approve the vacancy request of the Fire Department for the position of Firefighter/EMT.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Town Manager Update on Mashpee Water District/Sewer:
Correspondence was received from the Town Manager dated February 7, 2012 relative to a recent meeting regarding the creation of a Water/Sewer District. It was announced the Water District is in agreement to have water and sewer operations as one single organization structure under the Water District.
Town Counsel is expected to prepare an article for the May Town Meeting to transfer all sewer operations from the Town to the Water District. The Water District through their annual meeting will vote to create the Sewer District through special legislation. The matter will be brought before the voters by ballot.
The Board of Selectmen agreed to meet with the Sewer Commission at their next meeting to further review the process for a successful transition.
NEW BUSINESS:
Town Manager Request to Adopt Health Care Reform:
On October 5, 2011, the Cape Cod Municipal Health Group voted to amend its plan offerings to make the active employee plans similar to those of the Group Insurance Commission benchmark plan.
Prior to the implementation of the Cape Cod Municipal Health Group’s new plan, effective July 1, 2012, the Board of Selectmen must vote to adopt Massachusetts General Laws, Chapter 32 (B) §§ 21-23.
Motion made by Selectman O’Hara to move the Town of Mashpee vote to adopt Massachusetts General Laws, Chapter, 32B, §§ 21-23, and to engage in the process to implement plan design changes adopted by the Cape Cod Municipal Health Group on October 5, 2011.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Letter of Support to DHCD – Mashpee Village Apartments:
The Board of Selectmen reviewed a draft letter of support to the Department of Housing and Community Development for The Community Builders 4% Low Income Housing Tax Credits, Affordable Housing Trust funding, and Section 8 Vouchers for the second phase of renovations of the Mashpee Village Apartments. There is no commitment of funds from the Town of Mashpee.
Motion made by Selectman Richardson to approve the letter of support to DHCD dated February 13, 2012 for The Community Builders planned second phase of renovations to the Mashpee Village.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Review & Execution of Order of Taking – Great Hay Estates – Partial of Polaris Drive, Taurus Drive, and Partial of Gemini Road:
The Board of Selectmen reviewed the Order of Taking as voted at the October 17, 2011 Town Meeting to accept the layouts of Taurus Drive, partial of Polaris Drive (House #97 to start at Taurus), and partial of Gemini Road (House #19 and ending at Taurus Drive) as public ways.
Motion made by Selectman Richardson to execute the Order of Taking for Taurus Drive, Partial of Polaris Drive and Partial of Gemini Road as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISON REPORTS:
CIP: The Capital Improvement Program (CIP) Committee has recommended a conservative capital budget which will be presented to the Selectmen at their next meeting.
Recycling: The Recycling Committee has crafted a well thought out plan for recycling. Options will be presented to the full Board of Selectmen.
Library: Due to a low response, the February dinner/dance fundraiser has been cancelled.
Schools: The Memorandum of Understanding between the Town and Schools is under review. Discussions are also ongoing with the Finance Committee regarding the budget for FY13.
Affordable Housing: It was reported the Affordable Housing Committee is reviewing property on Old Barnstable Road, land acquired by the Town by tax foreclosure for affordable housing. It is hopeful that another piece of Town property would be considered before the AFC moves forward with a feasibility study.
LIAISION REPORTS:
Monthly Reports: At the request of the Town Manager, Department Heads are submitting monthly reports on departmental programs and activities. Copies are being forwarded to the Board of Selectmen for informational purposes. The Board indicated they are pleased with the monthly updates.
Design Review:The Mashpee Tribe has met productively with the Design Review Committee to review plans for their future affordable housing project.
Planning: It was noted that Mashpee Commons Limited Partnership has withdrawn from their tri-party agreement.
Adjournment:
Motion made by Selectman Richardson to adjourn at 7:18 p.m.
The Board will enter into Executive Session for the purpose of discussing contract negotiations, and the discussion of real property.
The Board will reconvene following discussion.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Board of Selectmen
Minutes
February 13, 2012
Meeting reconvened: 7:36 p.m.
Contract Negotiations – Firefighters, IAFF Local 2519:
In the one-year agreement, the parties agree that each member of the bargaining unit shall receive an increase in base salary (regular weekly wages) of 1% effective July 1, 2011. Negotiations for a successor collective bargaining agreement shall begin in January 2012.
Motion made by Selectman Richardson to approve the Memorandum of Agreement between the Town and Mashpee Permanent Fire Fighters, IAFF Local 2519 from July 1, 2011 through June 30, 2012.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Contract Negotiations – Laborers’ Units A & B:
The three-year agreement is amended as follows;
July 1, 2011 – 1% increase
July 1, 2012 – 1% increase
July 1, 2013 – Reopener for wages only
Employees may use up to 16 hours annually in 1 hour increments for verified doctor and dentist appointments.
The Union agrees to remove from the Units, the positions of Payroll Administrator and Assistant Town Accountant.
Motion made by Selectman Richardson to approve the Memorandum of Agreement between the Town and Laborers’ International Union of North America Units A & B, Local 1249 as amended.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Contract Negotiations – Laborers’ Unit C:
The three-year agreement is amended as follows;
July 1, 2011 – 1% increase
July 1, 2012 – 1% increase
July 1, 2013 – Reopener for wages only
Employees may use up to 16 hours annually in 1 hour increments for verified doctor and dentist appointments.
Motion made by Selectman Sherman to approve the Memorandum of Agreement between the Town and Laborers’ International Union of North America Unit C, Local 1249 as amended.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Pending Contract Negotiations:
Motion made by Selectman Richardson any and all remaining contracts, if not resolved by the end of March 2012 shall move forward, and not receive any retroactive wages.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Discussion of Real Property – Cotuit Bay Condominium:
Correspondence was received from Brian Wall of Troy Wall Associates dated January 20, 2012 with respect to land on Riverview Avenue adjacent to the Cotuit Bay Condominium the Town of Mashpee acquired through tax foreclosure.
The land is situated upon some condominium infrastructure. The Trustees believe the land was intended to be part of the condominium, but it was never incorporated into the condominium by the developers. The Trustees have offered to purchase the land.
Attorney Wall has requested a current estimate of back taxes, and advice as to the manner to which the Town would like to proceed with processing the payment and vacating the judgment.
Motion made by Selectman Richardson to accept the request of Brian Wall of Troy Wall Associates to allow the Cotuit Bay Condominium to purchase the land located at 87 Riverview Avenue, Mashpee Map 70, Parcel 39 with the understanding that all back taxes $26,998.14 be paid to include the full payment of legal fees.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Adjournment:
Motion made by Selectman Richardson to adjourn at 7:45 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, 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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