AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 20, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, August 6, 2012 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
OLD BUSINESS
- Review of October 15, 2012 Town Meeting Warrant
- Mashpee Affordable Housing Production Plan
NEW BUSINESS
- Recommendation for Appointments (2) – Firefighter/PAR
- Recommendation for Appointment – Library Circulation Assistant
- Recommendation for Promotional Appointment – DPW – Heavy Equipment Operator
- Request to Fill Vacancy – DPW – Truck Driver
- Request to Fill Position Vacancy – Treasurer/Collector
- Recommended Updates – Personnel Administration Plan
- Review and Acceptance of BOS Policy 063 – Town Board Remote Participation Policy
- Review and Acceptance of BOS Policy 064 – Email Communication at Board of Selectmen Meetings
- Approval of Verizon Petition for Conduit for New Service
- Review of EDIC Economic Development Plan – Mashpee Executive Park
- Request for Letter of Support – Mashpee Wampanoag Tribe, Natural Resources Department – Grant for Popponesset Bay Restoration Phase II
- Reorganization of the Environmental Oversight Committee Discussion
COMMUNICATIONS & CORRESPONDENCE
- Correspondence from the Fulone Family
- Attorney General’s Office – Open Meeting Law Educational Forums
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 20, 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 Chairman Richardson at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, August 6, 2012 Regular & Executive Sessions:
Motion made by Selectman Sherman to approve the Regular & Executive Session minutes of Monday, August 6, 2012 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
OLD BUSINESS:
Review of October 15, 2012 Town Meeting Warrant:
The Board of Selectmen discussed in detail, draft #1 of the Annual Town Meeting Warrant of Monday, October 15, 2012. The Selectmen acted as follows;
Article: Fiscal Year 2012 Unpaid Bills
To date, there are no unpaid bills for appropriation.
Article: Community Preservation Committee recommendation to appropriate $5,300 in CPA funding to restore the Town Archives holdings which includes the restoration of historic mapping for protection and display, and the purchase of digitizing equipment and a computer for the Town Archives. Funding would derive from the CPA Historic Reserve Account.
Article: The annual Community Preservation Committee article to set aside the 10% estimated reserves for historic resources, affordable community housing, and open space, and to set the FY13 estimated budgeted reserve as recommended by the Community Preservation Committee.
Article: To create and fund (2) new part-time Circulation Assistant positions; 19 hours per week for the Mashpee Public Library effective November 1, 2012 appropriating $27,436.88 to the Library Salary/Wage Account.
It was noted that as of July 1, 2012 a full-time Circulation Assistant position was re-classified to full-time Office Manager.
It is the recommendation of the Town Manager to defer the article to the May Town Meeting in the normal budget process to consider creating the position(s). In budget discussions, currently it is not known if the Library position(s) would be supported and sustained within the budget during fiscal constraints. It was noted the Town is not funding Fire & Police officers in October. Generally, the Board of Selectmen does not create and fund positions at the October Town Meeting. It was suggested the Selectmen consider the positions in May to review all departmental requests in a fair and equitable manner.
Article: To create and fund (2) new part-time Circulation Assistants
(continued)
Several members of the Board of Library Trustees were in attendance and commented on this matter.
John Kowalski indicated the $25,000 for the staffing of two contract employees currently manning the Circulation Desk will be utilized in full by early October. As a result of the increased activity and complexity of running a new Library, the budget is growing fast and it is important to maintain two staff members at the Circulation Desk.
Pat Gamashe agreed that public safety is a priority. However, the Library is open to all, and it is a gem of the Mashpee community. Ms. Gamashe requested special consideration to create and fund the two new positions.
Carlo D’Este indicated that funding is urgent. The Library cannot defer this matter to the May Town Meeting. Discussion followed regarding the shoulder season from September to May. Although the Mashpee population decreases, other communities use the facility under the CLAMS network.Charles “Chip” Bishop added the Library is a magnificent building that lacks adequate staffing. He also noted the residents are asking for new programs and services as well.
It was noted the Finance Committee has not yet reviewed this matter. The Board took the following action, and agreed to obtain input from the Finance Committee and Town Manager regarding actual costs for the two part-time Circulation Assistant positions.
Motion made by Selectman Cahalane to table the article to the next Selectmen’s Meeting.
Motion seconded by Selectman O’Hara.
VOTE: 3-1. Motion carries.
Roll Call Vote:
Selectman Richardson, no Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, (1)
Article: To transfer $7500 from the Ambulance Receipts Reserve for Appropriation Account to the Fire & Rescue Department Expense Account for the purpose of paying the Barnstable County Sheriff’s Department for CEMD Services. The use of CEMD Services is required for ambulance to hospital communications by the MA Department of Public Health Ambulance Regulations.
Chief Baker discussed the use of CEMD Services with the Board of Selectmen. It was noted that CEMD is a radio repeater system or “human sorter” which is used to prioritize patients. Approximately 60% of the ambulance calls are deemed Priority 2 which requires an interface with a hospital physician.
This is a new cost developed by the Sheriff’s Office for CEMD services not previously charged for.
Discussion followed with regards to the current contract between the Town and Sheriff’s Department for dispatch communications. Currently, the Town CEMD services are not included in the present contractual agreement. Therefore, there is no obligation to contribute to costs associated to previous fiscal years. The benefits of CEMD were considered.
It was agreed the Town would require an amended Dispatch Communications Contract with the Sheriff’s Department to reflect the dates of the agreement; fiscal year; 7/1/12 to 6/20/13, and with no obligation for payment of previous fiscal years.
Motion made by Selectman Cahalane to hold the article for placement on the October warrant.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article: To approve the Economic Development Plan as prepared by the Economic Development Industrial Corporation (EDIC).
Motion made by Selectman Cahalane to accept the Mashpee EDIC Economic Development Plan for the Mashpee Executive Park as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 3-0-1.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, abstained
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article: To amend Chapter 104 of the General Code by changing the word “ordinance” to “bylaw” for the purposes of consistency.
Motion made by Selectman Sherman to approve the above referenced article to General Code as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Andrew McManus, Conservation Agent discussed the following articles with the Board of Selectmen;
Article: To amend Chapter 172 of the Mashpee Wetland By-law under §172-4 (B) (2) as this section no longer exists. There is currently no Administrative Review Level 2 in the Conservation Department’s permitting procedures.
Article: To approve amendments to the Chapter 172-5 Section (A) (2) Mashpee Wetland By-law to strike wording as there is no administrative review Level 2 in the Conservation Department’s permitting procedures.
Article: To approve amendments to Chapter 172-5 Section (A) (2) Mashpee Wetland By-law to approve wording: “applied for and proof of applications(s) filed with the Commission” to allow the Commission to proceed with the hearing while avoiding placing an undue hardship and unnecessary delays on the applicant.
Motion made by Selectman Cahalane to approve the above (3) referenced Conservation Commission articles.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article: To accept the layout of Shorewood Drive as a public way, and appropriate $248,084 to the Shorewood Drive Roadways Account. As a result of the poor condition of the road, the article is an initiative of the Board of Selectmen in the matter of public safety.
Article: To accept the layout of Holly Way, Elm Lane, Autumn Drive, Attaquin Street, Pocknomet Street, Hornbeam Lane, Lantern Lane, Beechwood Drive, Hemlock Circle, and Fir Court as public ways and appropriate $865,594 to the Timberland Shores Account.
The article is proposed by the Board of Selectmen as part of the Santuit Pond clean-up process.
Motion made by Selectman O’Hara to approve the above (2) road taking articles as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
The remainder of the articles on the October Town Meeting warrant is petition articles. The Selectmen agreed to take a position on the articles at their next scheduled meeting.
OLD BUSINESS:
Mashpee Affordable Housing Production Plan:
The Board of Selectmen reviewed the Affordable Housing & Planned Production Plan incorporating amendments recommended by the Mashpee Housing Authority Executive Director. It was noted the Plan meets the needs of 760 CMR 56.03(4) for low or moderate income housing regulations. At their meeting of August 7th, the Mashpee Affordable Housing Committee voted unanimously to endorse the updated version of the Plan.
Motion made by Selectman Sherman to endorse the Town of Mashpee Affordable Housing & Planned Production Plan as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Recommendation for Appointments (2) – Firefighter/Paramedic:
Fire Chief George Baker was in attendance to recommend the Board approve the Hiring Certification for two firefighter/paramedic positions at Step 1 and Step 3 of the intended pay scale. The positions, a replacement and a funded position are in compliance with posting requirements and pending all pre-employment exams and background checks.
Motion made by Selectman O’Hara to certify and confirm the Hiring Certification for Brenden Ramsey as Firefighter/Paramedic at Step 1 of the intended pay scale.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
With regards to the second candidate, Chief Baker strongly recommended the Board hire the candidate, a Mashpee resident at Step 3 of the intended pay scale. James Hall is currently a 7-year veteran of the Cohasset Fire Department and has completed the MA Firefighter Academy Recruit Training Program. Mr. Hall is also a MA Certified Paramedic. The qualifications would allow the Town to save a considerable amount for overtime, housing and travel expenses. The difference between Step 1 and Step 3 is $4,337. The matter was debated.
Motion made by Selectman Cahalane to certify and confirm the Hiring Certification for James Hall as Firefighter/Paramedic at Step 3 of the intended pay scale.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 3-0-1.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, abstained
Selectman O’Hara, yes Opposed, none
Recommendation for Appointment – Library Circulation Assistant:
Kathleen Mahoney, Librarian was present to recommend the Board approve the Hiring Certification for the position of Library Circulation Assistant at Step 1 of the intended pay scale. It was noted the recommended candidate has been working for the Library as a substitute Circulation Assistant on contract since April of 2012. All necessary documentation is in order for the Selectmen’s approval.
Motion made by Selectman Sherman to certify and confirm the appointment of Samuel Rome as Circulation Assistant, part-time at Step 1 of the intended pay scale.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Recommendation for Promotional Appointment – DPW – Heavy Equipment Operator:
The Board of Selectmen was requested to approve the Hiring Certification for the position of DPW Heavy Equipment Operator. The promotional opportunity is at Step 2 of the intended pay scale.
Motion made by Selectman O’Hara to certify and confirm the appointment of Wayne Mackin as Heavy Equipment Operator to the DPW.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request to Fill Vacancy – DPW – Truck Driver:
As a result of a recent promotion, the Board was requested to fill the current vacancy in the DPW for the position of Truck Driver at the pay scale of Step 1.
Motion made by Selectman Sherman to approve the Position Vacancy Request for the full-time position of DPW Truck Driver.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request to Fill Position Vacancy – Treasurer/Collector:
A Position Vacancy Request was before the Board for the full-time position of Treasurer/Tax Collector. The date of the vacancy is August 31, 2012. It was noted that David Leary, the current holder of the position will assist the new Department Head during the transition process.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for Treasurer/Tax Collector as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request for Letter of Support – Mashpee Wampanoag Tribe, Natural Resources Department – Grant for Popponesset Bay Restoration Phase II:
Quan Tobey, Natural Resources Director for the Mashpee Wampanoag Tribe (MWT) was in attendance to request the Selectmen send a letter of support related to the Tribe’s application for funding under the Tribal Wildlife Grant program.
Last year, the Board of Selectmen remitted a letter of support for the Tribe’s grant application. However, the grant narrative was missed by three points. If the Tribe is successful in attaining grant funds, monies would assist in the restoration of the oyster population in Popponesset Bay which will aid in nitrogen reduction.
Motion made by Selectman Cahalane to submit a letter of support to the Mashpee Wampanoag Tribe’s Tribal Wildlife Grant application.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Recommended Updates – Personnel Administration Plan:
Correspondence was received from the Human Resources Director dated August 9, 2012 recommending the Board update the Personnel Administrative Plan. The amendments were outlined in the memorandum contained in the Selectmen’s informational packet.
Motion made by Selectman Sherman to update the Personnel Administration Plan as recommended.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Review and Acceptance of BOS Policy 063 – Town Board Remote Participation Policy:
The Board of Selectmen reviewed the first draft of the Town Board Remote Participation Policy. It was recommended that additional comments be forwarded to the Town Manager. Suggestions at the meeting included limiting the number of meetings a board member could participate remotely, and ensuring the remote participant would be able to be heard clearly by the board members and television audience. The matter is expected to be reviewed by the Board of Selectmen at their next meeting.
Review and Acceptance of BOS Policy 064 – Email Communication at Board of Selectmen Meetings:
A new policy imposed by the Board of Selectmen would allow outside communication via email during live meetings. Email communication during a live meeting should be sent to bosquestions@mashpeema.gov. Email communications will be randomly chosen and read during the Communications & Correspondence portion of the Selectmen’s Meeting.
Email communications that contain derogatory remarks, foul language, or focuses on an individual member of the Board shall not be read aloud. Email correspondence may also be sent to the Selectmen at any time. And, it is the intent of the Board of Selectmen to respond to each email within a reasonable time frame.
Motion made by Selectman Sherman to accept Policy 064 – Email Communication at Board of Selectmen Meetings.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Approval of Verizon Petition for Conduit for New Service:
NStar Petition #103653 was before the Board to replace (1) conduit location to provide new service to 345 and 339 Monomoscoy Road. Notice was given to all abutters without objection. The hearing officer was Joyce Mason, the Town Manager. Attendees included Catherine Laurent, the DPW Director and Donna Haworth, Manager, Right of Way, Verizon.
Motion made by Selectman O’Hara to approve NSTAR Petition #103653, Work Plan No. 01890929 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Review of EDIC Economic Development Plan – Mashpee Executive Park:
It was noted the Board previously endorsed the EDIC Economic Development Plan for the Mashpee Executive Park dated August 2012.
Motion made by Selectman O’Hara to move forward with EDIC Economic Development Plan as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0-1.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, abstained
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Reorganization of the Environmental Oversight Committee Discussion:
It was recommended the Environmental Oversight Committee (EOC) be modified to allow the officers to be voted annually by the EOC during the annual reorganization process to maintain continuity with other Town Boards and Committees.
The EOC was noted to be the former Blue Ribbon Committee, an ad hoc committee created and appointed by the Board of Selectmen.
Motion made by Selectman Sherman to accept the modification of the Environmental Oversight Committee, for reorganization to be voted annually by the EOC Committee.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 3-0-1.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, abstained
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Correspondence from the Fulone Family:
The Chairman read aloud an email correspondence from John Fulone as follows: I wanted to send along a quick note of “thanks” to you and the entire Board of Selectmen for allowing Brian Langill to host his fundraising event last Saturday in memory of my daughter, Lauren, and to benefit the Lauren Mae Fulone Memorial Scholarship. It was an amazing day of support and friendship…and another in a long line of examples of why Mashpee is such a unique and wonderful community. My family is grateful to Mr. Langill for his tireless efforts, to the Board of Selectmen for their support, and to the Mashpee Community for their compassion and comfort.
Attorney General’s Office – Open Meeting Law Educational Forums:
Correspondence was received from Martha Coakley’s Office dated August 2, 2012 via email regarding four regional open house forums on the Open Meeting Law. The regional forums will be held in Lenox, Barre, Taunton, and in Barnstable on Wednesday, October 17, 2012 from 6:00 p.m. to 8:00 p.m. at the Barnstable High School.
Email Communication:
Tom Murphy, Quinaquisset Avenue remitted an email to the Board of Selectmen asking if there are any plans to construct a bike path along Route 28. It was noted that Route 28 is a State road. However, the communication will be forwarded to the DPW Director for comment.
LIAISON REPORTS:
Conservation: It was reported that negotiations are ongoing with Tidewatch and Bayswater. It is hopeful the matter will be resolved in the near future.
Special Events: The Parade Committee is scheduled to meet this Tuesday. Details of the upcoming Christmas Parade are forthcoming.
Affordable Housing: The Affordable Housing Committee has been conducting due diligence seeking land and opportunities for affordable housing.
Schools: At the last Board Meeting, it was agreed the School Committee’s request for additional funding would be deferred to the May Town Meeting. It was conveyed, the School Committee has indicated they are unable to fully fund their FY13 budget. The Board expressed dissatisfaction to the management of School funds, and requested straight forward answers as soon as possible.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:55 p.m.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, absent Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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