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November 7, 2011
AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 7, 2011

6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall

PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
        Monday, October 3, 2011 Regular & Executive Sessions
        Monday, October 17, 2011 Regular Session

APPOINTMENTS & HEARINGS

6:30    Public Comment
6:40    DPW Director
  • Recommendation for BID Acceptance of the following:
  • Archives Restoration
  •  Solar Aeration for Santuit Pond
  • Heat Pumps at Police Department
  • Purchase of One 1-Ton Pickup Truck
  • Annual Salt Bid
  • Annual Sand Bid
  • Request for Approval – Change Orders Nos. 1, 2, 3 – Corolla Contracting Roof Projects
  • Recommendation to Reject Bid – Police Department Roof Replacement
  • Request to Fill Vacancy – Administrative Secretary – Department Public Works
  • Proposed Road Conversion – Quail Hollow Road and Shorewood Drive
6:50    Public Hearing – Shellfish Commission Recommendation for Closure
7:00    Cape Light Compact – Maggie Downey – Residential & Commercial Programs
7:10    Public Hearing – Mashpee Christmas Parade on December 10, 2011
7:20    Consideration of Request for Conservation Restrictions –
                The Compact of Cape Cod Conservation Trusts, Inc.

COMMUNICATIONS & CORRESPONDENCE

  • MassDEP – Aquaculture Grant
  • Board of Selectmen Weekly Office Hours
OLD BUSINESS

NEW BUSINESS
        
  • Certification & Confirmation of Hiring Process – Animal Control Officer
  • Request to Fill Vacancy and Review of Job Description – Deputy Fire Chief
  • Consideration of Resolution – H1972 “An Act Regulating Election Primaries”
  • Recommendation to Create Subcommittee – Sewer Transfer to Water District
  • Acceptance of Resignation – South Cape Beach Advisory Committee
  • Acceptance of Resignation – Mashpee Cable & Advanced Technology Committee
  • Recommendation for Appointment – Historical Commission
  • Recommendation for Appointments (2) – ADA Committee
  • Recommendation for Appointment – Council on Aging
  • Recommendation for Appointment – Mashpee Wakeby Lake Management Committee
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
November 7, 2011

Present:        Selectman Taylor, Selectman Richardson, Selectman Sherman,
                Selectman Cahalane, Selectman O’Hara
                Town Manager Joyce Mason
                Assistant Town Manager Tom Mayo

                Meeting Called to Order by Chairman Taylor at 6:30 p.m.
                Town Hall, Conference Room #1

                MINUTES:

                Monday, October 3, 2011 Regular & Executive Sessions:

                Motion made by Selectman Cahalane to approve the Regular and
                Executive Session minutes of Monday, October 3, 2011 as presented.
                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

                Monday, October 17, 2011 Regular Session:

                Motion made by Selectman Cahalane to approve the Regular Session
                minutes of Monday, October 17, 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:

Beverly Kane, Mashpee Environmental Coalition (MEC) spoke on two agenda topics related to the preservation of Santuit Pond.  Ms. Kane expressed full support to the bid acceptance for solar powered aeration, and also voiced support to the Conservation Restrictions (CR) being considered to the Orenda Wildlife Trust.  Ms. Kane indicated the land contained in the CR to be conveyed by the Mills Family is comprised of approximately 6 acres.  The property is densely wooded, and would give added protection to the preservation of Santuit Pond.

Charles Gasior made reference to a recent memo transmitted from the Town Manager to all Department Heads regarding the upcoming budget which encouraged opinions to generate revenue in this fiscal climate.   With regards to this request, Mr. Gasior strongly suggested the Board of Selectmen re-consider the sale of Town-owned public lands through auction, properties received through tax foreclosure.  This action would return the properties to the tax rolls thus increasing the Town’s revenue stream.  Mr. Gasior indicated that twenty vacant parcels have been identified for sale.  It was noted Article 10 of May 2010 Town Meeting proposed this action.  However, the article was indefinitely postponed.  In support of this action, Mr. Gasior strongly urged the Board re-form the subcommittee charged with the review of the Town-owned parcels.

Motion made by Selectman Cahalane to place the review of Town-owned tax foreclosure properties on the next agenda to discuss the subject matter.
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

In other business, Brad Caffyn was in attendance on behalf of the Friends of Santuit Pond (FSP), and gave support to the Mills Family Conservation Restriction (CR) proposal to gain approximately 900’ of shoreline frontage.  Mr. Caffyn indicated the CR would greatly assist to improve the pond without additional building in the future.  Mr. Caffyn also voiced support to the solar circulation project at Santuit Pond.  With the purchase of the units, after two years, if the water quality has not improved, the units would be purchased back by the vendor.  Mr. Caffyn recommended the Board consider a longer period of time if the buy-back is deemed an issue.

Certification & Confirmation of Hiring Process – Animal Control Officer:

Rodney Collins, Chief of Police was in attendance to recommend the Board certify and confirm the hiring process of David Brown, Jr. as Animal Control Officer at Step 1 of the intended pay scale.  Chief Collins indicated that all necessary background and medical requirements have been met.

Motion made by Selectman Richardson to certify and confirm the hiring process of David Brown, Jr. as Animal Control Officer 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

APPOINTMENTS & HEARINGS:

DPW Director:

Catherine Laurent, Director of Public Works was present to recommend the Board accept the following bid recommendations;

Archives Restoration:

In response to advertisement, two bids were received for engineering and design services associated to the renovation of the Mashpee Archives, a CPC project funded at the May 2011 Town Meeting.  It is the unanimous recommendation of the Planning & Construction Committee to award a contract to BLW Engineers, Inc. of Littleton, MA.  The contract is subject to a successful negotiation fee.  The fee shall not exceed $20,000.

Motion made by Selectman Richardson to authorize the Town Manager to move forward with contract negotiations with BLW Engineers, Inc. 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

Solar Aeration for Santuit Pond:

It was announced the Town received two bids for the purchase, lease or rental of solar-powered artificial circulation equipment for Santuit Pond.  Based on a comparison of the equipment and review of references, the DPW Director has recommended the Town award a contract to SolarBee, Inc. of Dickinson, North Dakota.

With the purchase of the SolarBee units in the buy-back option, after two years of operation, if the water quality in the pond has not improved to the Town’s satisfaction, SolarBee will purchase the units back at the purchase price minus the delivery and installation fee and one year’s rental.  The purchase price is $320,679.  The two-year maintenance fee, not included in the CPC appropriation is $7,821.

Upon review, the Board agreed to designate a third party such as a representative from the Cape Cod Commission to review the pond water quality after the two-year period of operation.
Motion made by Selectman Cahalane to accept the SolarBee bid with the buy-back option as referenced with the stipulation the Cape Cod Commission or a designee would develop a formula to determine whether or not the SolarBees are working to improve the water quality of Santuit Pond.
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

Heat Pumps at Police Department:

The Town was in receipt of two bids for the replacement of 23 heat pumps at the Police Station.  The project is funded by the Green Communities grant for energy projects ($50,336) and the Capital Improvement bond ($18,664) approved at the May 2011 Town Meeting.

Upon review and evaluation, Healthy Air Solutions, Inc. of Norwell was the lowest and most responsive bidder.  The total amount of the contract is $69,000.

Motion made by Selectman O’Hara to accept the bid from Healthy Air Solutions, Inc. in the amount of $69,000 for the replacement of heat pumps at the Police Station.
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

Purchase of 1-Ton Pickup Truck:

Correspondence was received from the DPW Director dated October 17, 2011 recommending the Board award the bid received from Colonial Ford for the purchase of a 2012 Ford SRW in the amount of $24,494.  The price quotation includes a credit for a vehicle trade.

It was noted the second bid received from the same dealer, Colonial Chevrolet was less (by $535).  The Public Works Director has recommended the Ford for maintenance purposes since the DPW fleet is comprised of all Fords with the exception of one truck.  Funding is to derive from the FY12 DPW CIP Account ($24,297.12) and the DPW FY12 Expense Budget ($196.88)

Motion made by Selectman Cahalane to accept the recommendation of the DPW Director and award the bid from Colonial Ford for the purchase of a 2012 Ford SRW as referenced.
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

Annual Salt Bid:

Eastern Minerals submitted the low bid, $51.62 per ton for the purchase of salt.  The bid results in a $0.02 increase from last year.

Motion made by Selectman Sherman to accept the bid from Eastern Minerals for the Purchase of Salt as referenced.
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

Annual Sand Bid:

It is recommended the Town award the annual sand bid contract to Cape Cod Aggregates at a cost of $9.49 per ton.  The price is reflective of the lowest bidder representing a 15% decrease from last year.

Motion made by Selectman Richardson to accept the bid from Cape Cod Aggregates for the Annual Sand bid as referenced.
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

Request for Approval – Change Orders Nos. 1, 2, 3 – Corolla Contracting Roof Projects:

The Board of Selectmen was in receipt of several change orders from Corolla Contracting, Inc. for roof related projects.  The net change to the contract is $113,536.58.  It was noted the Planning & Construction Committee has endorsed all change orders.  Funding shall derive from the Capital Improvement bond approved by a vote of the May 2011 Town Meeting.

Change Order #1: $78,084.00 – To replace the seams on the membrane roof at the Mashpee Middle/High School where the solar panels are being installed.  Corolla, the low bidder shall provide a 5-year warranty on the roof.

Change Order #2: $24,452.68 – To address unforeseen conditions at Town Hall, the Coombs School and the Quashnet School once construction began and to include changes in the scope to upgrade and/or address additional leak areas.

Change Order #3: $11,000 – To repair the leak areas at the Middle/High School detected by an infrared scan and by visual inspection.

Motion made by Selectman Richardson to approve Change Orders 1, 2 and 3 as detailed by Corolla Contracting, Inc. associated to the roof repair and replacement of the Town Hall, Coombs School and Quashnet School.
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 to Reject Bid – Police Department Roof Replacement:

In response to advertisement, one bid was received for the replacement of the roof at the Mashpee Police Department.  It was disclosed the bid quotation received from Belcour Corp. exceeded the bid.  It was recommended the project be re-bid in the spring or the project shall be completed by the DPW with the assistance of the Sheriff’s Department.

Motion made by Selectman Sherman to accept the recommendation of the DPW Director and reject the bid received from Belcour Corporation.
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

Request to Fill Vacancy – Administrative Secretary – Department of Public Works:

A Position Vacancy Request for Administrative Secretary to the DPW was presented to the Selectmen for approval.  The 19-hour per week position would not derive health benefits.  The hours are the same as the former employee who held the position.

Motion made by Selectman Richardson to approve the Position Vacancy Request for Administrative Secretary to the Department of Public Works.
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

Proposed Road Conversion – Quail Hollow and Shorewood Drive:

The DPW Director discussed the matter of Shorewood Drive, a private road in poor condition currently on the “Do Not Plow” list.  It was noted the residents of Quail Hollow, also a private road have petitioned the Town to take over their road.  Shorewood Drive is the only access to Quail Hollow.

It is recommended the Selectmen takeover Shorewood Drive in accordance with the Town bylaw without petition.  If supported by the Selectmen, the first article on the Town warrant would authorize funding to develop a taking plan.  With approval of the funding the Selectmen would schedule a public hearing to allow the residents the opportunity to comment, and to learn the betterment assessment related to the road conversion.  Town Meeting would then authorize the final vote to accept the layout as public ways.

For clarification purposes, it was noted that Quail Hollow has begun the initial petition process approved at the May 2011 Town Meeting.  After the informative public hearing, a second petition is required for Town Meeting vote that would accept the layout as public ways.

Upon discussion, it was agreed that both roads would be addressed collectively for comparison purposes in an effort to save costs.

Motion made by Selectman Richardson to proceed with the taking process of Shorewood Drive through demand 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

APPOINTMENTS & HEARINGS:

Public Hearing – Shellfish Commission Recommendation for Closure:

The Board of Selectmen opened the Public Hearing on the request of the Shellfish Commission to consider a management closure of Waquoit Bay by prohibiting all shellfishing except scalloping from November 15, 2011 through April 30, 2012.  The closure is for Waquoit Bay only, not the associated rivers and salt ponds.  The purpose is to protect abundant quahog seed during the cold months of the year when the quahogs are not be able to dig back into the sand.

The Hearing notice was read aloud into the record.  Richard York, Shellfish Constable was in attendance to discuss the closure request with the Board of Selectmen.  It was noted the Town of Falmouth has a management closure for all shellfishing except scalloping on their side of Waquoit Bay from November 15, 2011 through April 30, 2012.  Mr. York added the Mashpee Wampanoag Tribe has voted in support of the management closure as described.

When asked of the impact to commercial shellfishing, Mr. York indicated that it should not pose a problem for them this year.

Being no further comment, the Board motioned to close the Hearing.

Motion made by Selectman Richardson to close the Public Hearing.
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

Motion made by Selectman Richardson to support the recommendation of the Shellfish Constable for a management closure of Waquoit Bay prohibiting all shellfishing except scalloping from November 15, 2011 through April 30, 2011.
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

Cape Light Compact – Maggie Downey – Residential & Commercial Programs:

Maggie Downey, Cape Light Compact Administrator gave an enthusiastic presentation regarding the energy assessment incentives and rebates offered through the Cape Light Compact.  

For ease of review, a PowerPoint presentation was given to review the program offered to both residential and commercial properties.  (enclosed in official Town Clerk’s copy)

Advocating for the consumer, free energy assessments are conducted by qualified specialists.  In the home energy assessment, incentives provide for at least 75% of the cost (up to $2000) toward recommended insulation measures, free air sealing, zero/low interest HEAT Loan, a special 100% enhanced program for income eligible customers (60-80% of the median income), and a special 100% program for year-round renters.

Rebates are also administered for central A/C, heating systems, chimney balloons, and programmable thermostats in addition to refrigerators, freezers, pool pumps, smart strips, PCs and monitors, room air cleaners and for 2nd refrigerator recycling.

Through September 30, 2011, 424 residential customers in the Town of Mashpee have received $223,105 in energy efficiency services and have saved 420,297 in kWh.  During this time, 19 commercial customers have received $120,131 in energy efficiency services saving 857,713 kWh.

Additional information may be found at the Cape Light Compact website www.clc.org or by calling 1-800-797-6699.

Public Hearing – Mashpee Christmas Parade on December 10, 2011:

The Board of Selectmen opened the Public Hearing on the application of the Mashpee Chamber of Commerce annual Mashpee Christmas Parade scheduled to be held on Saturday, December 10, 2011 at 5:30 p.m.

The Hearing notice was read aloud into the record.  Mary Lou Palumbo, Executive Director of the Chamber was in attendance for discussion purposes.  The parade is scheduled to begin at the Mashpee Public Library and end at the SouthCape Village designated parking lot.

Ms. Palumbo invited the Board of Selectmen and Town Manager(s) to participate again this year.  Those joining the parade are requested to begin assembling at 3:00 p.m.  Ms. Palumbo expressed appreciation to the Department Heads for their support.  All other necessary paperwork to complete the application for a “Green Christmas” themed parade was noted to be in order for the Selectmen’s approval.

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 Richardson to support the Special Events Application of the Mashpee Chamber for the annual Christmas Parade as referenced.
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

NEW BUSINESS:

Request to Fill Vacancy and Review of Job Description – Deputy Fire Chief:

The Board of Selectmen was requested to approve the Position Vacancy Request and related job description of the Fire Department for the position of Deputy Fire Chief to fill the current vacancy.  

George Baker, Fire Chief was present to discuss this request with members of the Board of Selectmen.  It was disclosed the announcement and job description meet the requirements of the Mashpee Fire Department Management Study in conjunction with a previous study developed approximately five years ago.  

Motion made by Selectman Cahalane to authorize the hiring of the Deputy Fire Chief, position vacancy request and job description as referenced.
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

APPOINTMENTS & HEARINGS:

Consideration of Request for Conservation Restrictions – The Compact of Cape Cod Conservation Trusts, Inc.:

Paula Pariseau of The Compact of Cape Cod Conservation Trusts was in attendance with Emma Jo Mills-Brennan to request the Selectmen’s consideration to place Conservation Restrictions (CR) on approximately 5.9 acres of land consisting of mostly undisturbed pine/oak forest with an estimated 900 linear feet of shoreline on Santuit Pond.

It was disclosed Jeffrey Mills and Emma Mills-Brennan, Grantors of the subject property, have proposed to grant a CR on the 6 acres to Orenda Wildlife Land Trust, Inc., a Massachusetts charitable corporation.  The transaction if supported by the Board of Selectmen would grant in perpetuity 2 – CR’s on approximately 1.26 acres and 4.64 acres of vacant land to further preserve the Santuit Pond Preserve and Santuit Pond.

Ms. Pariseau explained the CR meets the objectives of the Town’s open space plan.  The CR would also protect a Zone II area of contribution located in a groundwater protection district, protect wildlife and provide habitat connectivity.  It was noted the Mashpee Environmental Coalition and the Friends of Santuit Pond are in support of the CR.

Upon review, it was disclosed the perpetual CR if granted would not permit public access to the property.  To adopt a perpetual CR, a vote of the Board of Selectmen and the State Secretary of Environmental Affairs is required.

The question was asked as to why the land recommended for a CR is intended to be granted to the Orenda Wildlife Land Trust, and not the Town of Mashpee Conservation Commission.  In response it was noted that most conservation land owners donate to a land trust.  It was noted the Town of Mashpee through its Community Preservation Committee purchased 15 acres of the Mills Family Lands adjacent to the Santuit Pond Preserve.

Attending the discussion was Jason Streebel, the Director of Assessing who was noted to have reviewed the proposed conservation restrictions, and estimated tax ramifications.

Concerns raised by Mr. Streebel include the land, 5.253acres in the proposed CR are not contiguous, and there is a pre-existing subdivision plan with defined roads and ways.  There are multiple owners of this land including the Town of Mashpee.  Although none of the roads have been developed, a person entitled to use those ways has rights to develop them and maintain them as passable.

Mr. Streebel also indicated the single family house lot, approximately 1/3rd acre owned by Jeffrey Mills contained in the CR would place almost ½ of the back yard into favorable tax status even though it is not contiguous to any other part of the proposal.  There may be ramifications of setting a precedent with respect to this regard.

In addition, Mr. Streebel stated that many of the parcels are considered unbuildable as a result of zoning restrictions, access or wetland issues.  Mr. Streebel added the CR as proposed would not open the land to public access, but rather solely to the family, heirs and assigns of the grantors.  The owners would gain an estimated 75% reduction in assessed value.  And, further a CR adds complication when attempting to calculate a fair market value each year.  Mr. Streebel recommended if the CR were to be approved that Town Counsel review any potential implications.

It was disclosed the tax loss using FY11 figures is $1,394.86.  While the owner would derive a tax benefit, the Town would gain conservation land and a view of the property from across the pond.

Ms. Mills spoke on behalf of the proposed CR and its intent.  Ms. Mills explained it was the will of her mother to place the land in conservation.  She added the Town would derive benefit from clean water, and wildlife habitat.

Mark Robinson of The Compact of Cape Cod Conservation Trusts indicated the Mills Family is attempting to create a vision that is in concert with the protection of Santuit Pond.  Mr. Robinson stated that it is necessary to save the land to restrict development on the property.  He added that it is a sensitive resource and the Town would be preserving an additional 6 acres of land without having to purchase it.  The Town would be a signatory to the restriction, and is not a party as it is a contract between the land owner and Orenda.

Being no further comment, the Board motioned as follows;

Motion made by Selectman Richardson to not support the Conservation Restriction as described.
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


COMMUNICATIONS & CORRESPONDENCE:

Mass DEP – Aquaculture Grant:

For the record, the Chairman of the Board of Selectmen read aloud a letter written to David Johnston of the Mass DEP, Southeast Regional Office dated October 24, 2011 thanking Mr. Johnston for his call seeking to clarify the DEP’s involvement in the proposed Aquaculture grant located in Popponesset Bay within the Town of Mashpee.  The Board of Selectmen in its letter indicated that they are meeting on this date, and encouraged Mr. Johnston to attend this meeting and/or the Selectmen’s meeting of November 21st to discuss this further.  

There was no representation from DEP at the November 7, 2011 meeting.

Board of Selectmen Weekly Office Hours:

At this time, the Selectmen agreed to defer from scheduling office hours on a weekly basis.  However, the public is invited to call the Selectmen’s/Town Manager’s Office to make an appointment to speak with any Selectmen member.

NEW BUSINESS:

Consideration of Resolution – H1972 “An Act Regulating Election Primaries”:

The Town Clerk submitted communication to the Board from William Campbell; the Woburn City Clerk dated September 23, 2011 relative to a proposed Resolution now pending before the General Court in the State House.

The proposed act will ensure that the votes of our troops serving overseas will count on Election Day and will save the taxpayers funds by streamlining elections.

The Selectmen agreed to request the Town Clerk to meet with the full Board to further discuss this matter.  The topic was deferred to the next meeting.

NEW BUSINESS:

Recommendation to Create Subcommittee – Sewer Transfer to Water District:

It was noted the Mashpee Water District has recently executed the Memorandum of Agreement which would begin discussions relative to the transfer of control over public sewer and wastewater disposal to the Water District.

In response, the Town Manager recommended the Board of Selectmen
appoint a subcommittee to represent the Town’s interests.

Motion made by Selectman Cahalane to create a Sewer Transfer subcommittee as referenced consisting of a member of the Board of Selectmen, (Selectman O’Hara), the Sewer Administrator, Town Counsel, the Town Manager and a member of the Sewer Commission, and any additional members based on the Town Manager’s recommendation.
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

Acceptance of Resignation – South Cape Beach Advisory Committee:

Correspondence was received from Frank Connelly dated October 24, 2011 resigning from the South Cape Beach Advisory Committee.

Motion made by Selectman Cahalane to accept with regrets, the resignation of Frank Connelly from the South Cape Beach Advisory Committee.
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

Acceptance of Resignation – Mashpee Cable & Advanced Technology Committee:

Jim Chisholm submitted a letter of resignation to the Town Clerk dated October 1, 2011 resigning from the Mashpee Cable & Advanced Technology Board (MCAT).  Mr. Chisholm has served the MCAT Board for ten years.

Motion made by Selectman Cahalane to accept the resignation of Jim Chisholm from the MCAT Board with regrets.
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 – Historical Commission:

Correspondence was received from Brian Hyde dated September 29, 2011 requesting consideration to serve on the Historical Commission.  Mr. Hyde is a Mashpee Public School History teacher, and an active member of the One-Room School House Preservation Committee.

A letter of recommendation from the Historical Commission dated October 19, 2011 was attached to the letter of interest.

Motion made by Selectman Cahalane to appoint Brian Hyde to the Historical Commission.
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 – ADA Committee (2):

By unanimous vote, the ADA Committee in their memorandum of October 24, 2011 recommended the appointment of Michele Brady and Kathleen Moore to fill the current vacancies.  Ms. Brady is a nominee to represent the School Department and Ms. Moore is the the Selectmen’s/Town Manager’s representative.  

Motion made by Selectman Cahalane to appoint Michele Brady and Kathleen Moore to the ADA Committee 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 – Council on Aging:

Mary Gaffney was nominated by the Council on Aging on September 21, 2011 to serve on the Council on Aging.  Attached for the Selectmen’s review was Ms. Gaffney’s resume.

Motion made by Selectman Cahalane to appoint Mary Gaffney to the Council on Aging as recommended.
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

Recommendation for Appointment – Mashpee Wakeby Lake Management Committee:

At their meeting of September 27, 2011, the Mashpee Wakeby Lake Management Committee voted unanimously to recommend the appointment of Andrew Gottlieb to the vacant position.  Mr. Gottlieb’s letter of interest and resume was attached to the recommendation for additional review.

Motion made by Selectman Richardson to appoint Andrew Gottlieb to the Mashpee Wakeby Lake Management Committee.
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

Recommendation to Change Name of MWLM Committee:

Motion made by Selectman Cahalane to place the above topic on the next Selectmen’s agenda.
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

In an effort to assist with the remediation of Santuit Pond, the Board of Selectmen agreed to consider changing the name of the Mashpee Wakeby Land Management Committee to the Lake and Pond Management Committee.

LIAISON REPORTS:

School: Communication – Open, making progress

Recycling: Education meeting this week, and Review of Towns of Duxbury & Sandwich recycling programs, Site visit to Sandwich transfer station

Library: Volunteer training program ongoing

Affordable Housing Committee:  Workshop December 6, 2011 with
Affordable Housing Trust & Paul Ruchinskas of the Cape Cod Commission to discuss use of mitigation funds and other matters.  Meeting begins at 6:30 p.m.

Environmental Oversight Committee: Conservation Director & AmeriCorps assistant to revitalize the Land Steward Program

ADJOURNMENT:

Motion made by Selectman Richardson to adjourn at 8:33 p.m.
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


Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen