AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 20, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, June 6, 2011 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Mashpee Commons Application for Entertainment License
6:45 Application for One-Day License – Mashpee Chamber of Commerce
- Night of 100 Wines
- La Tavola
6:50 Fire Chief – Prescribed Burn Plan
7:00 Planning Board – Development Agreement Bylaw
7:20 Stonewood Products – Landscaping Plan
7:25 Fish Wildlife & Natural Resources Commission (FWNRC) of the Mashpee Wampanoag Tribe – Quahog Relay to Mashpee Water
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- Annual Powwow Parking Plan
- Pirates Cove Ground Water Demonstration Project Update
- Recommendation for Bid Acceptance – HVAC Projects – Mercury Mechanical Services
Recommendation for Renewal of Contract – Operation of Transfer Station and Hauling of Recyclables
Reappointment of Board Secretaries
- Recommendation for Appointment – Mashpee Wakeby Lake Management Committee
Recommendation for Appointment – Community Preservation Act Committee
Recommendation for Appointment – Environmental Oversight Committee
Request for End of Year Appropriation Transfers (3)
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
- MIIA – Consent of Agreement – Perry Ellis
Board of Selectmen
Minutes
June 20, 2011
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, June 6, 2011 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, June 6, 2011 as presented.
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
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
OLD BUSINESS:
Sign Bylaw Discussion:
The Selectmen conducted a brief discussion on the Sign Bylaw. Upon review, it was agreed the present Sign Bylaw would be upheld with emphasis on enforcement. The Board directed Selectmen member Michael Richardson to work with the Town Planner and Assistant Inspector of Buildings to review matters pertaining to the adjustment of minor enforcement practices.
NEW BUSINESS:
Recommendation for Bid Acceptance – HVAC Projects – Mercury Mechanical Services:
Catherine Laurent, Director of Public Works was in attendance to recommend the Selectman award a contract to Mercury Mechanical Services of Weymouth for HVAC projects which include the replacement of the boiler at the Police Station and the replacement of two air handler units at the KC Coombs School.
Four bids were received in response to the Request for Proposal. Mercury Mechanical was the lowest responsive and qualified bidder.
Motion made by Selectman Cahalane to award the HVAC Contract to Mercury Mechanical in the amount of $98,888.00 as recommended.
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
Recommendation for Renewal of Contract – Operation of Transfer Station and Hauling of Recyclables:
Correspondence was received in the Selectmen’s informational packet from the DPW Director dated June 13, 2011 recommending that a contract be awarded to We Care Transportation for the operation of the Transfer Station and hauling of recyclables for FY12. This is the third year of a 5-year bid. The base contract is $378,500.
With the change to the single stream recycling program, the Town has saved approximately $8,000 or 15% in hauling costs.
Motion made by Selectman Richardson to award the contract for the Operation of the Transfer Station and hauling of recyclables to We Care Transportation as recommended for FY12.
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
Annual Powwow Parking Plan:
On June 2, 2011, representatives of the Mashpee Wampanoag Tribe met with the Chief of Police to discuss the 2011 Mashpee Wampanoag Powwow Parking and Traffic Plan over the 4th of July weekend. The plan was outlined in a memorandum addressed to the Selectmen dated June 14, 2011 from the Tribe Powwow Committee.
Additional communication included in the Selectmen’s packet was a letter from the Community Health Center dated June 20, 2011 offering the use of the upper and lower parking lots at the 107 Commercial Street location for parking during the Powwow weekend, Saturday, July 2 through July 4, 2011.
Motion made by Selectman Cahalane to approve the 2011 Mashpee Wampanoag Powwow Parking and Traffic Plan as identified, and allow the parking at the Community Health Center subject to receiving a copy of the Tribal insurance policy listing the Town of Mashpee as the additional insured.
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
APPOINTMENTS & HEARINGS:
Public Hearing – Mashpee Commons Application for Entertainment License:
The Board of Selectmen acting as the Licensing Authority of the Town of Mashpee opened the Public Hearing on the application of Mashpee Commons for an Entertainment License for various entertainments to be held in Mashpee Commons for calendar year 2011. The Hearing notice was read into the record.
Kate Watt, the new marketing director for Mashpee Commons was in attendance to request approval of the license request. Events are scheduled to begin on June 15th with performances by Cape Harmony. The event schedule includes the Citizens Bank summer concert series, the Mashpee Night at the Pops, the Seaside Le Mans Race and the Annual Oktoberfest celebration.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
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
Motion made by Selectman to support the Mashpee Commons 2011 Calendar of Events as scheduled.
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
Application for One-Day License – Mashpee Chamber of Commerce:
Night of 100 Wines & La Tavola:
The Board of Selectmen met with Mary Lou Palumbo, Executive director of the Mashpee Chamber to review the license application(s) for the annual Night of 100 Wines and La Tavola at South Cape Village. The Night of 100 Wines is scheduled from 5:00 p.m. to 9:00 p.m. on June 25, 2011 serving food, beer and wine. The La Tavola event, an Italian feast under the stars serving the same venue is scheduled on August 12, 2011 from 5:00 p.m. to 8:30 p.m.
The Selectmen requested that adequate notice be given to both the Building and Fire Departments to allow for timely inspections. The applicant was also requested to ensure that handicap parking is available to comply with ADA requirements.
Motion made by Selectman Richardson to approve the One-Day Liquor License application(s) of the Mashpee Chamber of Commerce for the annual Night of 100 Wines on June 25, 2011 and the La Tavola on August 12, 2011 as presented. To conform to new ABCC requirements the dates were extended for the referenced events to allow for ample delivery and removal.
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
Fire Chief – Prescribed Burn Plan:
Mashpee Fire Chief George Baker was in attendance to outline the prescribed Fire Plan for the Holland Mills Barrens. The Plan prepared by Northeast Forest and Fire Management LLC dated June 2011 was presented to the Selectmen in their informational packet. The detailed Plan included maps of the intended burn of the 17 acre site.
Chief Baker advised the Board that no burning would take place during times of poor air quality. The prescribed burn would most likely take place in late October giving at minimum two days of notice to the area neighborhoods, Board of Selectmen and Conservation Commission via the Reserve 911 System.
A copy of the comprehensive Plan is on file in the Office of the Board of Selectmen/Town Manager.
Pirates Cove Ground Water Demonstration Project Update:
Correspondence was received from the Town Manager dated June 14, 2011 with respect to the Ground Water Demonstration Project. The Department of Environmental Protection (DEP) is requesting an update on the SRF Loan application for the project.
Previously, the Board of Selectmen agreed to the application with the understanding it was a 0% loan with loan forgiveness. The Town received approval for a 2% loan for $190,000. Town Meeting authorization is required to borrow funds to move the project forward with an extension from the DEP.
It was noted the Town Planner has advised it is the position of the Sewer Commission to not borrow or expend funds for the Pirates Cove Ground Water Demonstration project.
The Selectmen agreed to not move forward at this time.
Reappointment of Board Secretaries:
The Human Resources Director remitted a memorandum to the Selectmen dated June 10, 2011 relative to the reappointment of Board Secretaries for fiscal year 2012. The following reappointments were recommended;
Jennifer Clifford, Mary Gelshorpe, Jean Giliberti,
Ina Schlobohm, Kathleen Soares, Henrietta DeArcangelis
Motion made by Selectman Richardson to reappoint the above referenced Board Secretaries for FY12 as recommended.
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
Recommendation for Appointment – Mashpee Wakeby Lake Management Committee:
At their meeting of May 24, 2011, the Mashpee Wakeby Lake Management voted unanimously to recommend the appointment of Debi McManus to fill one of the vacant positions. A letter of interest from Ms. McManus dated June 13, 2011 was attached to the recommendation. Ms. McManus resides on the lake. Her father, the late William Marsters was a previous member of the Committee.
Motion made by Selectman Richardson to endorse the appointment of Debi McManus to the Mashpee Wakeby Lake Management Committee.
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
Recommendation for Appointment – Community Preservation Act Committee:
Communication was received from the Community Preservation Committee dated June 8, 2011 recommending the appointment of Burt Kaplan to fill the present vacancy as an at-large member. Mr. Kaplan’s letter of interest dated May 9, 2011 was attached to the Committee’s letter of recommendation.
Motion made by Selectman Cahalane to appoint Burt Kaplan to the Community Preservation Committee.
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
Recommendation for Appointment – Environmental Oversight Committee:
At their last meeting, the Environmental Oversight Committee recommended the appointment of Peter White. Attached for the Selectmen’s review was a Citizens Interest Form completed by Mr. White on June 6, 2011.
Motion made by Selectman Cahalane to appoint Peter White to the Environmental Oversight Committee.
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
Request for Appropriation of Year End Transfers (3):
The Board of Selectmen acted upon the following Year End Transfers;
Motion made by Selectman Richardson to authorize the appropriation transfer of $1471 from the Historical Communications $1050 and Historical Office Supplies $421 to the Historical Temporary Wage Account.
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
Motion made by Selectman Sherman to authorize the appropriation transfer of $227 from the Town Insurance Premiums to the Human Services Operating Expense Account.
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
Motion made by Selectman Sherman to authorize the appropriation transfer of $536 from the Debt Service Expense to the Foreclosure Expense Account.
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
APPOINTMENTS & HEARINGS:
Planning Board – Development Agreement Bylaw:
In preparation for the October Town Meeting, members of the Planning Board met with the Board of Selectmen to review proposed amendments to the Town’s Development Agreement bylaw. The Town Planner was also in attendance for discussion purposes.
The modification of the Town’s Development Agreement bylaw was initiated at the request of the Cape Cod Commission (CCC). The amendments were reviewed and approved by the Commission staff. It was noted the Local Comprehensive Plan (LCP) remains certified by the CCC. Presently, the Planning Board is in the process of updating the LCP document.
Upon review, the Selectmen agreed to insert under item C. Who May Participatein a Development Agreement under section 1. The Town of Mashpee. Under section 10. It was agreed the language would be amended to incorporate in the first sentence; The Board of Selectmen, or the appropriate body in the Lead Community if it is not Mashpee, may establish the fees or charges imposed for filing and processing of each application or document provided for or required under this section.
It was agreed the Article would be submitted to the October 2011 as amended. Upon agreement, the Planning Board adjourned.
It was disclosed a vacancy exists in the Planning Board for an Associate Member.
Stonewood Products – Landscaping Plan.
For informational purposes, the Board of Selectmen reviewed with representation from Stonewood Products of 544 Main Street, Mashpee a landscape plan recently approved by the Design Review Committee. It was noted the Director of Public Works is in agreement with the amended plan, and intended site line in the matter of safety. There was no objection to the landscape proposal.
Fish Wildlife & Natural Resources Commission (FWNRC) of the Mashpee Wampanoag Tribe – Quahog Relay to Mashpee Water:
Correspondence was received from the Mashpee Wampanoag Tribe dated June 6, 2011 requesting the Selectmen grant a presentation on the possibility of conducting a quahog relay to Mashpee waters. Representatives of the Fish Wildlife & Natural Resources Commission of the Mashpee Wampanoag Tribe and Greg Sawyer, Marine Biologist with the Massachusetts Division of Marine Fisheries in charge of the Contaminated Relay Program were in attendance to conduct the presentation.
Richard York, Mashpee’s Shellfish Constable was also in attendance for discussion purposes.
In concern to the lack of fish in the Town of Mashpee, the Tribe has requested the Town move forward with the Contaminated Relay Program. It was explained by Mr. Sawyer; the contaminated quahogs would derive from the Taunton River, and be placed in Mashpee waters under strict rules adhering to a 90 day closure vs. a 21 day closure for the contaminated shellfish.
Fish Wildlife & Natural Resources Commission (FWNRC) of the Mashpee Wampanoag Tribe – Quahog Relay to Mashpee Water: (continued)
Mr. York indicated the last contaminated relay was conducted in the Town of Mashpee in 1991. In addressing the Board of Selectmen, Mr. York stated he has preference towards the option to purchase small seed from the hatchery as the process involves the filtering of algae and the removal of nitrogen from the bays naturally. Mr. York related concern with respect to the Contaminated Relay as it relates to enforcement issues pertaining to the illegal harvest of contaminated shellfish.
Mr. York indicated the Town of Mashpee has a viable commercial fishing industry. Waquoit Bay as it presently exists has plenty of shellfish for the commercial harvest. Many commercial shell fishermen are able to harvest their 3 bushel limit within four to eight hours. Mr. York also explained that 1 million quahog seed spawns to create 3 million which would help support the commercial shell fishing industry. Mr. York indicated that contaminated shellfish do not remove nitrogen from the waters. The cost of relay quahogs is .04 to 0.5 cents opposed to the purchase of seed quahogs for .01 each. In his opinion, Mr. York stated he would opt to purchase seed.
Mr. York also indicated that funds exist in his budget to purchase and propagate seed quahogs as planned. In response, the Tribe indicated they are able to contribute funding for the purchase of 200 bushels of the relay quahogs.
Shellfish Commission member Peter Thomas in support of the Contaminated Relay indicated that relays is extremely successful.
It was noted if the relay is approved; the closure for the relay would be approximately one year opposed to 91 days due to the intended timing of the relay.
It was agreed the Selectmen would obtain a recommendation from the Shellfish Commission with respect to this regard. The matter was taken under advisement at this time.
Adjournment:
Motion made by Selectman Richardson to adjourn at 7:48 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing a settlement agreement. The Board will not reconvene in Open Session.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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