AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 26, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, March 12, 2012 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Seasonal Liquor License Renewals
- Cooke’s – 7 Ryan’s Way
- Raw Bar – Popponesset Marketplace, Shore Drive
- Marketplace Café/ Bob’s Seafood – 259 Rock Landing Road
- Popponesset Country Store – 259 Rock Landing Road
- Seasonal Population Estimate
6:45 Karen Gardner – Community Health Center Request to Subcontract for Imaging Services
6:55 Request from Life, Inc. – Lovin’ Life Road Race – April 29, 2012
7:00 Media Access – Robert Kelly
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Borrego Solar PPA Amendment
NEW BUSINESS
- Certification & Confirmation of Hiring Process – Firefighter/EMT
- Ragnar Relay Series
- Request for Permission to Pass through Mashpee
- Request to Use Town Hall Parking Lot – May 11th& 12th
- Recommendation for Reappointment – Cape Cod Water Protection Collaborative
- Final Review & Execution of May 7, 2012 Special and Annual Town Meeting Warrants
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Negotiations – DPW
Board of Selectmen
Minutes
March 26, 2012
Present: Selectman Richardson, Selectman Sherman, Selectman Cahalane,
Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Absent: Selectman Taylor
Meeting Called to Order by Vice-Chairman Richardson at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, March 12, 2012 Regular Session:
The minutes were amended as followed;
Selectman Richardson called the meeting to order at 6:30 p.m.
Under Presentation to Mashpee Falcons Football Team; A trophy was presented by the Board of Selectmen to Mr. Horne in appreciation for their continuing support of the school athletic program. Mr. Horne presented a photograph of the Mashpee Falcon’s Football Team to the Board of Selectmen.
Unanimous motions made in the minutes should read: 4-0-1, not 5-0.
Article 16: Approved by a vote of 4-0-1.
Motion made by Selectman Cahalane to approve the minutes of Monday, March 12, 2012 as amended.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Certification & Confirmation of Hiring Process – Firefighter/EMT:
The Board of Selectmen reviewed the Hiring Certification for Morgan Reed of Mashpee for the position of Firefighter/EMT at Step 1 of the intended pay scale.
Mr. Reed recently moved to the Mashpee community after serving four years in the United States Army where he achieved the rank of Captain. Mr. Reed is currently certified as an EMT, and has completed the classroom portion of the Paramedic Course. He is currently completing his clinical hours at Falmouth Hospital.
Mr. Reed was recommended for the position by Richard Morgan, the newly appointed Deputy Fire Chief.
Motion made by Selectman Cahalane to certify and confirm the appointment of Morgan Reed for the position of Firefighter/EMT as recommended.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
OLD BUSINESS:
Borrego Solar PPA Amendment:
An amendment relative to the general terms and conditions of the On-Site Utility Credit Purchase Agreement between the Town and (GLC-MA) Borrego Solar PPA for the production and sale of solar generated electricity was presented to the Board for approval. The Agreement contains language relative to the substitution of the Town Hall site to the DPW site at 350 Meetinghouse Road, Mashpee. There are no changes to the agreed upon contract price.
Motion made by Selectman Cahalane to approve the First Amendment to the General Terms and Conditions of the On-Site Utility Credit Purchase Agreement, and authorize the Town Manager to execute the Contractual Agreement on behalf of the Board of Selectmen.
Motion seconded by Selectman O’Hara.
VOTE: 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Discussion regarding the Disposal of Trash/Illegal Dumping:
The Board of Selectmen expressed appreciation to the concerned citizen who took the time to remove the trash along the roadside of Donna’s Lane. In concern with the illegal disposal of waste, it was noted that Industrial Drive should be addressed and the owners of Mercantile Road, a private road should be informed of their roads unsightly appearance. In an effort to maintain clean neighborhoods,barriers have been placed along trails and road areas where illegal dumping has occurred. The Town is making strides as a Green Community and with public outreach efforts to increase recycling participation.
Solar Powered Circulators – Santuit Pond:
It was announced the SolarBee Solar Powered Circulators, a CPA project approved by the voters at the October 2011 Town Meeting have been installed at Santuit Pond. It is hopeful the new circulators will reduce algae growth in the pond. The Town in a collaborative effort will assist in monitoring process.
COMMUNICATIONS & CORRESPONDENCE:
Mashpee – Green Community Grant Application:
It was disclosed the Town of Mashpee has applied for the second round of additional Green Community funding. If the additional grant is attained, Mashpee may receive up to $250,000 for green related projects.
NEW BUSINESS:
Ragnar Relay Series – Request for Permission to Pass through Mashpee,
Request to Use Town Hall Parking Lot – May 11th& 12th:
Correspondence was received from Stephen Frazee, Race Coordinator of Ragnar Events dated November 28, 2011 requesting to pass through the Town of Mashpee as part of its 200 mile relay race course and use the Town Hall parking lot on May 11th and 12th, 2012.
The route begins in Miles Standish State Park and continues to Provincetown. Runners are expected to pass through Mashpee from 8:30 p.m. on Friday evening with the last runner through by 7:00 a.m. on Saturday. An outline of the intent was included in the Selectmen’s informational package. It was noted the event does not interfere with Town operations.
Motion made by Selectman Cahalane to approve the request of the Ragnar Relay Series to use the Mashpee Town Hall parking lot on May 11th and 12th and pass through the Town of Mashpee as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Recommendation for Reappointment – Cape Cod Water Protection Collaborative:
Correspondence was received from the Barnstable County Commissioners dated March 9, 2012 advising the Board that Michael Richardson’s appointment as the Town of Mashpee’s representative to the Cape Cod Water Protection Collaborative is due to expire on March 26, 2012.
Selectman Richardson indicated that he is willing to serve for another term.
Motion made by Selectman Cahalane to appoint Selectman Michael Richardson to the Cape Cod Water Protection Collaborative for a two year term effective March 27, 2012 through March 26, 2014.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 3-0-1, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, abstained
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Seasonal Liquor License Renewals:
Cooke’s – 7 Ryan’s Way:
Raw Bar – Popponesset Marketplace – Shore Drive:
Popponesset Country Store – 259 Rock Landing Road:
Seasonal Population Estimate:
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the renewal of all seasonal liquor licenses in the Town of Mashpee. The Hearing notice was read aloud into the record in accordance with posting procedures.
APPOINTMENTS & HEARINGS:
Public Hearing – Seasonal Liquor License Renewals: (continued)
Cooke’s – 7 Ryan’s Way:
Raw Bar – Popponesset Marketplace – Shore Drive:
Popponesset Country Store – 259 Rock Landing Road:
Seasonal Population Estimate:
The Town Planner submitted his “overnight” population estimate for July 10, 2012 for submission to the Alcoholic Beverages Control Commission in a memorandum addressed to the Selectmen/Town Manager dated February 23, 2012. The estimate is 33,002 persons.
Motion made by Selectman Cahalane to approve the Seasonal Population Estimate of 33,002 persons for July 10, 2012.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Correspondence was received from the Building Department dated March 23, 2012 indicating that inspections were conducted at the Raw Bar, Marketplace Café and the Popponesset Country Store for their renewals. All were found to be in substantial compliance. It was recommended the licenses be renewed. It was noted the subject establishments will be re-inspected for compliance once they have opened for the season. It was disclosed that Cooke’s Seafood has been issued a certificate of compliance.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motions seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Public Hearing – Seasonal Liquor License Renewals: (continued)
Cooke’s – 7 Ryan’s Way:
Raw Bar – Popponesset Marketplace – Shore Drive:
Popponesset Country Store – 259 Rock Landing Road:
Cooke’s has met all fee, tax and inspection requirements.
Motion made by Selectman Sherman to approve the Seasonal Liquor License Renewal Application for Cooke’s.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Marketplace Café and Raw Bar have met all fee and tax requirements. Re-inspection is planned upon re-opening. The Raw Bar has also re-applied for an Entertainment License.
Motion made by Selectman Sherman to approve the Seasonal Liquor License Renewal Application for the Marketplace Café.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Sherman to approve the Seasonal Liquor License Renewal Application for the Raw Bar.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Sherman to approve the Entertainment License for the Raw Bar; dancing by patrons, live music on Sundays.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
The Popponesset Country Store has not submitted a renewal application for this year. The Town has attempted to contact the licensee by telephone with no response. There was no action.
APPOINTMENTS & HEARINGS:
Karen Gardner – Community Health Center Request to Subcontract for Imaging Services:
Karen Gardner, CEO of the Community Health Center of Cape Cod (CHC) was in attendance to update the Selectmen on the status of the building project. As noted the construction remains on schedule with project completion anticipated by the end of September.
In other business, Ms. Gardner respectfully requested the Board grant permission to the CHC to sublet not more than 1500 square feet of the new facility for ancillary services. It is the intention of the Community Health Center to sublet imaging services to Cape Cod Health Care for radiology which includes plain film x-ray, ultrasound and mammography services. The fair market value to be collected in rent would offset costs associated to utilities and common area fees. It was noted that Cape Cod Health Care is a non-profit organization. It is estimated that five persons would be employed with this new service.
Motion made by Selectman Cahalane to grant permission to the Community Health Center of Cape Cod to sublet space, up to 1500 square feet for ancillary services as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Request from Life, Inc. – Lovin’ LIFE Road Race – April 29, 2012:
Ian Saarmann representing Lovin’ LIFE submitted a Special Events Application to the Board of Selectmen for a road race/walk on Sunday, April 29th from 9:00 a.m. to 12:00 p.m. The 3rd Annual Road Race will begin and end at the LIFE facility located at 175 Great Neck Road South. The function will benefit their participation in the Special Olympics.
Due to scheduling conflicts Mr. Saarmann was unable to attend the Selectmen’s Meeting to discuss the application. Upon review of this matter with the Town Manager, the Board of Selectmen agreed to waive their policy with respect to attendance for this particular application. It was noted that applicable regulatory officials have signed off on the scheduled event.
Motion made by Selectman O’Hara to approve the Special Events Application of Lovin’ LIFE for a road race/walk on April 29, 2012.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Media Access – Robert Kelly:
Robert Kelly of Sean Robert Associates (SRA) met with the Board of Selectmen to review a plan proposed for the start-up of a Mashpee Community Media Center (MCMC) in the Town of Mashpee to provide Public Education and Government (PEG) programming. It was noted that PEG Access programming derives from cable television subscribers, and not public funds.
Correspondence with respect to this regard was received from Attorney Peter Epstein dated March 15, 2012 relative to the formation of a non-profit access corporation. It was noted that non-profit status is separate from the municipality.
Peter Cohen and Andrew Eliason of the Mashpee Cable and Advanced Technology Board (MCAT) were in attendance for discussion purposes.
Mr. Kelly reviewed the draft Operations Handbook for the development of the future Mashpee Community Media Center. It was noted that several sites are under review for the new facility. To offset start-up costs, available inventory is intended to be used at the new MCMC site. Mr. Kelly indicated that Mashpee has a great core group of artists and musicians to support the programming.
Under the mandates of the 501 3c non-profit status, policies and procedures would be implemented for use of the studio facilities. The non-profit would hire and manage staff, purchase and maintain equipment. All of these tasks and more are the responsibility of the non-profit, not the municipality.
The draft operating budget contains Comcast quarterly grant revenues in the amount of 3.5% that would be used to support the MCMC. The Town of Mashpee will retain the additional 1% of the 4.5% in Comcast grant revenue which would allow for the continuation of cable funds for the Town, Schools and other applicable cable needs for the next ten years. Prior to the contract term,the MCAT would negotiate a new contract. To protect the Town, there is a reversionary clause in the contract if the non-profit were to fail.
It was noted the MCMC Board of Directors would be required to publish annual reports, minutes, finances, programming hours, the audit statement and other applicable documents for public review on a yearly basis. The Board of Selectmen would have the ability to address any matter with the MCMC at any time.
The Board of Selectmen expressed appreciation to Mr. Kelly for his analysis and guidance. The Town is expected engage SRA on an annual basis under contract for consulting services.
MCAT members Mr. Cohen and Mr. Eliason indicated they have full confidence with this endeavor moving forward. It is deemed a worthwhile project for the Town of Mashpee.
NEW BUSINESS:
Final Review & Execution of May 7, 2012 Special and Annual Town Meeting Warrants:
The Board of Selectmen reviewed several Special & Annual Town Meeting Warrant Articles previously placed on hold. The following action was taken;
Special Town Meeting Warrant:
Article #6: To fund a 1% cost of living adjustment for FY12 to employees classified under the Patrolmen/Detectives & Sergeants Contracts.
To appropriate $25,553 for the settlement of the MASS C.O.P. Local 324 Units A & B effective July 1, 2011.
Motion made by Selectman Cahalane to support Article #6 of the May Special Town Meeting Warrant.
Motion seconded by Selectman Sherman.
VOTE: 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #7: To fund a 1% COLA for FY12 to employees classified under the Public Works Contract. HELD.
The article was HELD for additional review in Executive Session.
Annual Town Meeting Warrant:
Article #11: To fund a 1% COLA for FY13 to employees classified under the Patrolmen/Detectives and Sergeants Contracts, to include an educational incentive. To appropriate $72,710 to fund the settlement of the MASS C.O.P. Local 324 Units A & B effective July 1, 2012.
Selectman O’Hara requested the Board hold the article.
Motion made by Selectman Sherman to approve Article #11 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE: 3-1, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, no Opposed, none
Article #29: To authorize the Selectmen to petition the General Court to create a Water and Sewer District. This will transfer all sewer/waste water treatment and disposal jurisdiction to the newly created authority.
Motion made by Selectman Cahalane to approve Article #29 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Sherman.
VOTE: 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Annual Town Meeting Warrant:
Petition Articles:
Article #30: To establish the Mashpee Transfer Station Enterprise Fund.
Article HELD for additional review.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:25 p.m. The Board will enter into Executive Session for the purpose of discussing DPW contract negotiations. The Board of Selectmen will reconvene in Open Session following discussion.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent 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
March 26, 2012
Meeting re-convened: 7:34 p.m.
NEW BUSINESS:
Final Review & Execution of May 7, 2012 Special and Annual Town Meeting Warrants:
Article #7: To fund a 1% COLA for FY12 to employees classified under the Public Works Contract.
It was disclosed the Board of Selectmen did not take a position on the DPW Contract due to lack of a full voting quorum.
Motion made by Selectman Cahalane to execute the May 7, 2012 Special and Annual Town Meeting Warrants as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:36 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0, 1 absent.
Roll Call Vote:
Selectman Taylor, absent 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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