AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 23, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, July 9, 2012 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
7:00 Mashpee Commons LP/ National Development Corporation – Presentation & Discussion of Proposed Memory Health Center
7:15 Housing Assistance Corporation – Request for Affordable Housing Mitigation Funds
COMMUNICATIONS & CORRESPONDENCE
- Cape Light Compact Update
OLD BUSINESS
- Massachusetts Water Pollution Abatement Trust – Replacement Loan
NEW BUSINESS
- Special Events Application – Lauren Mae Fulone Fundraiser – Basketball Tournament, Silent Auction, Raffle - August 11, 2012
- Special Events Application – Friends and Family of Christopher VanGelder - Kids Fun Run
- Execution of Order for Betterment Assessment – Great Hay Estates (Taurus Drive, Partial of Polaris Drive, Partial of Gemini Road)
- Discussion Relative to Public Email Opportunities During Selectmen’s Meetings
- Adoption of School Buildings or Facilities Use Policy
- Draft Affordable Housing Plan for Review, Comment and Possible Adoption
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
- Request to Fill Vacant Position – Heavy Equipment Operator
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 23, 2012
Present: Selectman Richardson, Selectman Sherman, Selectman Taylor,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Richardson at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, July 9, 2012 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, July 9, 2012 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
Cape Light Compact Update:
The Board of Selectmen discussed a recent article with Tom Mayo, the Assistant Town Managerand CLC representative that appeared in The Barnstable Patriot dated July 13, 2012 relative to an audit plan proposed for the Cape Light Compact. Barnstable County is the noted fiscal agent for the Compact, but lacks the authority to make decisions on how funds are expended.
Sullivan and Rogers, the accounting firm that audits the County’s books outlined the proposed financial reviewwhich includes the CLC energy efficiency program and the power supply reserve from July 1, 2003 through December 31, 2008, and full audits for calendar years 2009 through 2011. The years selected to complete the audits also align with the Compact’s spending on CVEC. The estimated cost is $120,000 in audits and financial reviews for the referenced periods.
Prior to the Cape Light Compact’s motion to approve the audit expenditure, it was agreed the appointing authorities from the fifteen Cape towns would be consulted.
It was the unanimous decision of the Board of Selectmen to support the full audit as referenced to review the appropriateness of expenses in full.
OLD BUSINESS:
Massachusetts Water Pollution Abatement Trust – Replacement Loan:
Correspondence was received from Edwards Wildman Palmer LLP dated July 12, 2012 relative to the Massachusetts Water Pollution Abatement Trust that the Town has requested in the amount of $79,966 to complete Project No. CW-00-50. The Board of Selectmen reviewed the documentation relative to the $79,966 General Obligation Replacement Water Pollution Abatement Bond.
Acting under the advisement of Bond Counsel, the Board can accept a motion to avoid reading the entire vote. As a result of the lengthy motion, the Board voted as follows;
Motion made by Selectman Cahalane to adopt the vote contained in the Vote Certificate as written.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
The vote of the Board of Selectmen held on July 23, 2012 is included in the official Board of Selectmen copy of the minutes. (enclosed)
Special Events Application – Lauren Mae Fulone Fundraiser – Basketball Tournament, Silent Auction, Raffle – August 11, 2012:
Brian Langill representing the Lauren Mae Fulone Fundraiser Memorial Scholarship Fund event respectfully requested the Selectmen approve the modification of the tournament from a basketball game to a softball game to be held on August 11, 2012. The rain date is August 12, 2012.
The event is scheduled to be held at the Mashpee High School from 9:00 a.m. to 5:00 p.m. Food is intended to be served. There will also be a raffle and silent auction. All necessary paperwork is in order for the Selectmen’s approval, and all applicable regulatory officials have signed off on the special events application.
Motion made by Selectman Taylor to approve the Special Events Application for the Lauren Mae Fulone Fundraiser as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Special Events Application – Friends and Family of Christopher VanGelder – Road Race &Kids Fun Run:
Laura Franks was before the Board to request approval of a special events application for a Road Race (5k) and Kids Fun Run to support the Friends and Family of Christopher VanGelder on August 18, 2012 with a rain date of August 19, 2012. The event is planned to be held at the Mashpee High School from 7:30 a.m. to 2:00 p.m. All applicable regulatory officials have signed off on the event application and all necessary paperwork is in order.
Motion made by Selectman Taylor to approve the Friends and Family of Christopher VanGelder Road Race and Kids Fun Run as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Execution of Order for Betterment Assessment – Great Hay Estates (Taurus Drive, Partial of Polaris Drive, Partial of Gemini Road):
Acting under Article 20 of the October 2011 Town Meeting Warrant, the Board of Selectmen agreed to execute the Order for Betterment Assessments for construction improvements to Great Hay Estates. The road improvements cost $114,290.75, and the assessment per property owner is $3,265.45.
Motion made by Selectman Taylor to execute the Order for Betterment Assessments for Great Hay Estates (Taurus Drive, Partial of Polaris Drive and Partial of Gemini Road) as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Discussion Relative to Public Email Opportunities During Selectmen’s Meetings:
In an effort to gain increased public participation at Board of Selectmen Meetings, the Selectmen discussed the matter of community forum sessions via email at their regular meetings.It was agreed the agenda would contain a new line item for Email Public Comment, and emails would be read aloud at the meeting.
Discussion followed regarding the emails the Chair would reasonable anticipate discussing at a public meeting. It was agreed the Board may not have the ability to read into the record all of the emails at a public meeting due to time constraints. However, some of the emails may be read at a future meeting, and the Town would respond to all of the submitted emails in a timely manner.
NEW BUSINESS:
Adoption of School Buildings or Facilities Use Policy:
Correspondence was received from the Director of Public Works dated May 23, 2012 relative to proposed policies for the Use of School Buildings and/or Facilities and the Use of the School Building Rental Fund. Drafting and the adoption of these policies have been recommended by the Town’s auditors, Sullivan and Rogers to address inconsistencies in fees assessed, and the absence of any guidelines for use of fees collected.
The policies have been drafted with the assistance of the Town Manager, the Town Accountant and Recreation Department. With the Selectmen’s approval, the policies will be forwarded to the School Committee for informational purposes.
It was disclosed the policies are in compliance with MA General Laws.
Motion made by Selectman Cahalane to adopt the Use of School Buildings and/or Facilities and the Use of the School Building Rental Fund as presented.
Motions seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Housing Assistance Corporation – Request for Affordable Housing Mitigation Funds:
The Selectmen reviewed communication received from the Housing Assistance Corporation dated July 16, 2012 requesting the use of the Lowell Road DRI funds to install sprinklers in all units at the new Great Cove Community. It was noted the installation of sprinklers is a recommendation of the Mashpee Fire Chief for fire protection. However, sprinklers are not a requirement for construction. The cost is $60,389. It was noted that HAC rebid the project and the sprinkler installation was reduced from $68,000.
Leila Botsford, Executive Director of the Mashpee Housing Authority indicated the project is moving forward with a written commitment of $50,000 from the Barnstable County HOME Consortium. It was noted that HAC is currently awaiting commitment from additional funding sources to fill the funding gap of $267,292 to move the project forward. It was announced the projected closing date for the mortgage is September with construction to commence thereafter. The total construction cost for ten units is estimated at $3.2 - $3.4 million. The Board of Selectmen requested final figures with respect to this regard.
Motion made by Selectman Cahalane to grant the Housing Assistance Corporation $60,389 in DRI Affordable Housing Mitigation funds for the Great Cove Community project as referenced with the condition the funds are based on the project moving forward, and the funding would not be used until it is needed in the construction process.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Draft Affordable Housing Plan for Review, Comment and Possible Adoption:
Leila Botsford and Walter Abbott, Chair of the Affordable Housing Committee were in attendance to review the draft Affordable Housing Production Plan with members of the Board of Selectmen. Mr. Abbott indicated the draft was unanimously accepted by the Affordable Housing Committee. Appreciation was given to the Town Planner, Planning Board, the Assessors, ZBA, Housing Authority and MA Housing Partnership for their input and review.
It was noted the Plan took approximately 1.5 years to develop using the 2010 census. However, it was disclosed there are some inconsistencies in the document.
Leila Botsford, Executive Director of the Mashpee Housing Authority presented lengthy comments relative to the Plan that was forwarded to the Selectmen for additional review.
It was agreed although it may be time consuming, it is important to gather the correct data. With the Selectmen’s approval, the Plan would then be submitted to DHCD for certification. It was noted the AHPP when approved will allow the Town to apply for affordable housing funds such as feasibility studies for 209 Old Barnstable Road and 950 Falmouth Road.
It was determined the Board of Selectmen would place the matter on the August 20th agenda to allow the Affordable Housing Committee time to amend the document using comments incorporated by Ms. Botsford.
Motion made by Selectman Taylor to defer the matter to the agenda of August 20, 2012.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Mashpee Commons LP/National Development Corporation – Presentation & Discussion of Proposed Memory Health Center:
Douglas Storrs, Mashpee Commons discussed the new Assisted Memory Care Health Center proposed to be sited within Mashpee Commons. Mr. Storrs introduced Ted Tye; managing partner of the Newton based National Development Corporation selected as the best operator and developer for this type of facility in the Town of Mashpee.
Mr. Tye, a part-time Mashpee resident indicated his firm, a New England real estate development firm is partnering with EPIC Senior Living for the Mashpee project serving as co-owners of the facility. It was noted that EPIC will assume responsibilities regarding the day to day operation of the 54 unit facility. It was explained the one story building would resemble a large home which would consist of three households serving the residents in varying degrees of memory loss.
The new project is expected to create 30-35 year round jobs, bring additional tax revenue to the Town and service the need of the community in a low impact manner. Ten percent of the units are intended to be affordable.
The Board of Selectmen expressed support for the new project, and requested to be updated continually.
NEW BUSINESS:
Request to Fill Vacant Position – Heavy Equipment Operator:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Catherine Laurent, Director of Public Works remitted communication to the Board in a memorandum dated July 19, 2012 requesting to fill the vacant position of Heavy Equipment Operator. Ms. Laurent in her memo indicated that having the position filled prior to the start of the road construction September would be beneficial to the DPW Department.
It was noted that approval of the disability of a DPW HEO position is expected within the next few weeks. The date of hire would be subject to the date of the actual vacancy of the position.
Motion made by Selectman Taylor to approve the Position Vacancy Request for a Heavy Equipment Operator at Step 1 of the intended pay scale as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISON REPORTS:
Tribal-State Gaming Compact: Mark Forest, lobbyist for the Mashpee Wampanoag Tribe is expected to meet with Town and Tribe representatives on Friday morning to discuss the Tribal-State Gaming Compact. Town Counsel Patrick Costello is expected to be in attendance. The discussion will be held in private session.
The following was read aloud into the record:
MA Gaming Compact
Since the Town has not been contacted, to date by officials of either the Commonwealth or the Tribe relative to any purported discussion or negotiation relative to claims regarding “lands in and around Mashpee” we have requested our legal team of Town Council Patrick Costello and our Washington Law Firm of Perkins & Coie to find out the intent of this Compact language.
The Town is fully confident that the terms and conditions of its IGA with the Mashpee Wampanoag Tribe are legally binding, valid and enforceable, and that the above referenced terms of said IGA fully and with finality address any potential claims the Tribe may have with respect to real property located within the Town of Mashpee and owned by private property owners and the Town of Mashpee, its agencies, commissions and authorities.
Conservation: The odor from the noxious red seaweed in New Seabury and along South Cape Beach has brought forth numerous complaints. The Board of Health and Conservation Department have been working to resolve this issue. Residents have assisted by clearing the seaweed.
EDIC: The Mashpee Business Guide has been presented to the Chamber of Commerce and is expected to be submitted to their Board of Directors for review.
LIASON REPORTS:
Special Events: Planning is underway for the Mashpee Christmas Parade. The next meeting is Tuesday, at 8:30 a.m.
Appreciation was given to Tom O’Neill who recently celebrated 20 years in business in the Town of Mashpee.
Library: The Library has had a busy summer. It has been well attended and a worthwhile asset to the Town.
School Committee: The Board of Selectman liaison Chair and School Committee Chair continue to maintain open lines of communication.
MMR Employer Appreciation Day: Two members of the Board of Selectmen participated in the recent Black Hawk Helicopter Day held at the MMR.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:40 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, 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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