AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 28, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, February 14, 2011 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 State Representative Randy Hunt
6:50 Americorps – Update
7:00 Attorney Andrew Singer, Singer & Singer LLC
Review & Execution of Wastewater Treatment & Disposal Agreement – Breezy Acres
Mashpee Sewer Commission
7:10 Attorney Patrick Costello – Borrego Contract
7:15 Chief Collins – Recreation Mooring Rules & Regulations
COMMUNICATIONS & CORRESPONDENCE
- May Town Meeting Warrant – Draft 1
OLD BUSINESS
- Recycling Committee – Membership and Recommendation for Appointments (2)
NEW BUSINESS
- Request of Town Clerk – Usage of New Voting Machines at the May 7, 2011 Election
- Request to Set Fees for Sheet Metal Work- Residential and Commercial
- Request for Acceptance of Policy Amendments – Personnel Record-Keeping
- Request for Approval of New Conduit by NSTAR – 431 Monomoscoy Road
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
1) Certify & Confirm Hiring Process – Firefighter/Paramedic
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 28, 2011
Present: Selectman Cook, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Absent: Selectman Cahalane
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, February 14, 2011 Regular Session:
Motion made by Selectman Richardson to approve the Regular Session minutes of Monday, February 14, 2011 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
Peter White commended the Town of Mashpee for its energy initiatives which includes the impending installation of solar voltaic panels on the roofs of the Town Hall, Senior Center and Mashpee High School.
In other matters, Mr. White indicated the Town of Mashpee is the only town on the Cape that has not taken a position on the matter of NSTAR as it relates to the spraying of herbicides on rights-of-way on Cape Cod. Mr. White urged Mashpee as a Green Community publicly take a position to oppose the spraying of herbicides.
APPOINTMENTS & HEARINGS:
State Representative Randy Hunt:
Newly elected State Representative Randy Hunt of the 5th Barnstable Court was in attendance to update the Selectmen on the Governor’s House 1 Budget recommendation for fiscal year 2012.
The Municipal Health Insurance proposal would allow municipalities to require expedited collective bargaining to negotiate a new health insurance benefit plan that is equivalent in cost to the state’s health insurance benefits offered through the GIC. If the municipalities and unions do not reach agreement within a limited amount of time, the municipality will be required to go into the GIC or otherwise have health insurance coverage equivalent in cost to the GIC. The proposal is premised on the principal that municipalities achieve material savings in health insurance costs and preserve local services in FY-12. The Governor’s proposal also requires that all municipalities have eligible retired local employees enrolled in Medicare as their primary source of health insurance
coverage. It was noted there is no benefit derived from existing employee’s enrolled in Medicare.
Representative Hunt distributed informational material relative to Local Aid funding. (enclosed in official Selectmen’s office copy) Local Aid represents approximately 16% of the Commonwealth’s annual budget.
With regards to the proposed SB90 bill, an Act to sustain Community Preservation, Representative Hunt indicated the Act calls for an adjustment in the funding source currently used for the CPA Trust Fund, the document recording fee collected at the state’s Registry of Deeds. Mr. Hunt indicated he is opposed to changing the formula to support the proposed fee increase. The Act if approved would adjust the fee to a cap of $50 per recording fee from $20 to provide a 75% match to CPA communities. It was noted that cities are currently under-represented among participating CPA communities, and there may be funding issues if additional cities elect to join the CPA. If the Act is not passed, the annual match in the next five years is estimated at a rate of 15-20% in the first round
of distribution, a figure many communities could most likely sustain to maintain their CPA program.
With regards to the recreational aspect of SB90 which would allow for the CPA to be expanded to rehabilitate and restore existing municipal recreational facilities, Representative Hunt indicated that he is in support of this aspect of the bill if it is considered a separate issue from the document recording fee increase.
APPOINTMENTS & HEARINGS:
AmeriCorps – Update:
Representatives from AmeriCorps Cape Cod discussed their commitment to address the critical environmental and disaster needs of Barnstable County. The organization partners with not-profit agencies, municipalities and community organizations to provide service in the area of Natural Resource Management, Disaster Preparedness and Response, Community Education and Volunteer Engagement.
In Mashpee, AmeriCorps has recently assisted with shellfish propagation, and trail maintenance. AmeriCorps has also participated in the Water Festival presented to the Mashpee Public Schools.
The AmeriCorps Cape Cod is presently accepting proposals for group service projects in the 2011 service year. There is no cost to the community for AmeriCorps services.
Jessica Erickson, a member of the AmeriCorps Advisory Board, and Administrator of The 300 Committee encouraged the Town of Mashpee to continue their relationship with AmeriCorps Cape Cod.
Attorney Patrick Costello – Borrego Contract:
Town Counsel Patrick Costello was in attendance to recommend the Selectmen approve the contract Agreement with Borrego Solar Systems to design, construct, install, own, maintain, and operate solar energy systems to provide electricity to the Town of Mashpee.
Attorney Costello indicated the Agreement will serve as a template for other communities in the State of Massachusetts.
Construction is expected to begin in mid to late June after the design of the (3) photovoltaic systems which together constitute the single System which is the subject of the Agreement and the Lease. Construction at the Mashpee High School shall not begin until after the end of the school year to alleviate disruption during the school year.
Construction of the solar project shall not begin at the Mashpee Town Hall until the roof replacement project is complete. There are no schedule restrictions to the Senior Center. Construction is expected to be complete by September 2, 2011. The commissioning/interconnection of the systems is expected to occur by October 1, 2011.
Motion made by Selectman Taylor to approve the Borrego Contract as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Attorney Andrew Singer, Singer & Singer LLC – Review & Execution of Wastewater Treatment & Disposal Agreement – Breezy Acres; Mashpee Sewer Commission:
The Board of Selectmen conducted a joint meeting with the Mashpee Sewer Commission for the purpose of reviewing and executing an Inter-municipal Agreement between the Town of Mashpee and Mashpee Housing Authority and Housing Assistance Corporation for the treatment and disposal of wastewater at the Breezy Acres property, 570 Old Barnstable Road, Mashpee.
In attendance were Sewer Commission members; Tom Fudala, Oskar Klenert, Joseph Lyons and Ralph Marcelli. Also attending the discussion was Town Counsel Patrick Costello, Attorney Andrew Singer, Leila Botsford of the Mashpee Housing Authority and Adrienne Danner of the Housing Assistance Corporation.
It was disclosed that a comprehensive permit was issued by the Board of Appeals to the HAC and MHA last October to allow for the construction of additional affordable housing at the Breezy Acres site location. One of the conditions of the approval was the existing residential units and future residential units at Breezy Acres be connected to the wastewater treatment facility located on adjacent Town property on which the Mashpee High School operates.
It was noted the wastewater treatment plant located adjacent to the Mashpee High School is currently underutilized, and is not operating at a maximum efficiency due to insufficient and inconsistent sewage flows. The additional sewerage flow from Breezy Acres will improve operations of the wastewater treatment plant.
The Mashpee Housing Authority (MHA) and Housing Assistance Corporation (HAC) shall be responsible for the design, permitting and construction costs associated to the connection plan. Upon construction, the Town of Mashpee assumes ownership of the Sewage Works.
For the first year of operation, the MHA/HAC shall pay a user fee of $8,000. For the remaining term of the agreement, the user fees are $15,000 per year. If additional users and flow is added to the wastewater treatment plant, rates, charges and fees shall be assessed thereafter and determined annually by the Sewer Commission.
There was a comment with respect to liability in the event of a plant failure. Although there are provisions in the agreement that advance notice would be given if the plant were shut down, it was suggested that a contingency plan be developed for liability purposes. There was also a remark regarding the size of the main lines.
Brian Kutcher of Horsley & Witten, engineers indicated he has met with the Town’s Engineer Charles Rowley, and final details to the plan will be reviewed with the Sewer Commission at their March meeting. It was agreed the Selectmen would approve the agreement in concept with the final plans and typos contained in the agreement to be further reviewed and approved.
Motion made by Selectman Taylor to approve and execute the Agreement between the Town of Mashpee and the Mashpee Housing Authority and Housing Assistance Corporation for the Treatment and Disposal of Wastewater as referenced with the condition, the final plans and contract typos being rectified.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 8-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Mr. Fudala, yes Mr. Lyons, yes
Mr. Marcelli, yes Mr. Klenert, yes
Chief Collins – Recreation Mooring Rules & Regulations:
Rodney Collins, Chief of Police and Lieutenant Jon Read discussed fees associated to the mooring waiting list application. Chief Collins commended Lt. Read for his input into this matter, and strongly recommended the Board of Selectmen endorse the Mooring Rules & Regulations as amended.
It was suggested that a $5.00 fee be included in the yearly mooring wait-list application to cover administrative costs. For comparison, Chief Collins indicated the Town of Falmouth charges a $10.00 wait list fee for those currently not on a wait list. If you are on two lists, the fee is $20.00. The Town of Bourne charges $15.00 for the initial wait list application and $10.00 for the annual renewal wait list. The Town of Barnstable charges $10.00 with each wait list application.
A new process was also developed by the Police Department regarding the placement of new permit identification or hull stickers, on the upper right, starboard side of the authorized boats transom, and also imposed is a requirement for mooring equipment to be inspected by a licensed contractor. For identification purposes, mooring bands will be attached to a mooring ball.
Motion made by Selectman Taylor to approve the new Recreation Mooring Rules & Regulations for 2011 as recommended.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Mark Wiseman asked about the requirement to have mooring equipment inspected. In response, it was noted that it is industry standard to have the equipment reviewed on an annual basis. Mr. Wiseman also asked why hull stickers are necessary when a boat already displays its registration number on the hull. In response, Chief Collins explained the new regulations are an attempt made by the Police Department to maintain safety, accountability and to alleviate the use of illegal moorings.
NEW BUSINESS:
Request to Set Fees for Sheet Metal Work – Residential and Commercial:
The Selectmen were informed as of February 19, 2011, the sheet metal regulation 271 CMR goes into full effect including permitting and inspections. The Board was requested to impose a fee of $50.00 for residential work permits and $100 for commercial work permits.
Motion made by Selectman Richardson to enforce the following fees required to issue a permit for sheet metal work;
$50.00 for a residential permit - $100 for a commercial permit
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Request of Town Clerk – Usage of New Voting Machines at the May 7, 2011 Election:
Correspondence was received from the Town Clerk dated February 16, 2011 requesting the Selectmen’s approval of new voting equipment at the May 7, 2011 Town Election. To conform to the requirements of the SOC Office, the following action was taken;
Motion made by Selectman Taylor, We, the Mashpee Board of Selectmen, hereby approve the discontinued use of the OPTECH Eagle voting equipment and approve the use of AccuVote (AVOS) optical scan voting equipment at the May 7, 2011 Annual Town Election and all future elections.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Request for Approval of New Conduit by NSTAR – 431 Monomoscoy Road:
On February 22, 2011, a public hearing was held to review an application by NSTAR requesting permission to install a single 4-inch underground conduit approximately 60’ for new service to 431 Monomoscoy Road. Prior to the commencement of this project, NSTAR must contact the Mashpee DPW and secure a Curb Cut permit.
Motion made by Selectman Taylor to approve NSTAR Plan #103600 to install conduit at 431 Monomoscoy Road as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
OLD BUSINESS:
Recycling Committee – Membership and Recommendation for Appointments (2):
The Board of Selectmen reviewed the make-up of the Recycling Committee. It was agreed that membership would consist of the following;
4 members at-large
1 member from the business community
1 representative from the Board of Health
1 resident of a multi-family dwelling
Motion made by Selectman Sherman to approve the make-up of the Recycling Committee as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
It was agreed the vacancies would be duly advertised. The matter will appear as an agenda topic of the Board of Selectmen on March 28, 2011.
COMMUNICATIONS & CORRESPONDENCE:
May Town Meeting Warrant – Draft #1:
The Board of Selectmen agreed to conduct full review of the May Town Meeting Warrant on Monday, March 7, 2011.
It was noted the Board is scheduled to review the warrant with the Finance Committee on March 14th.
NEW BUSINESS:
Request for Acceptance of Policy Amendments – Personnel Record-Keeping:
The Personnel Record-Keeping policy as adopted by the Board of Selectmen in November of 1995 and updated in February of 2011 was presented to the Board for adoption. The policy will be incorporated into the Town’s Policy and Procedure Manual.
Motion made by Selectman Richardson to approve Policy No. 52, the Personnel Record-Keeping Policy as amended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Certification of Hiring Process – Firefighter/Paramedic:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Motion made by Selectman Taylor to certify and confirm the hiring process of William Steele as Firefighter/Paramedic at Step 1 of the intended pay scale.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Adjournment:
Motion made by Selectman Sherman to adjourn at 8:03 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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