AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 25, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, January 4, 2010 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – The Highlands – Private to Public Road Conversion
6:50 Public Hearing – Horseshoe Bend Way – Private to Public Road Conversion
7:00 Public Hearing – Stretch Energy Code
Energy Committee Update
Wind Turbine Feasibility Study – Executive Summary
COMMUNICATIONS & CORRESPONDENCE
1) Correspondence from Edward Baker
2) Resignation of School Committee Member
3) Affordable Housing Committee Reformation
4) School Department Discussion
OLD BUSINESS
NEW BUSINESS
1) Acceptance of Resignation – Community Preservation Act Committee
2) Letter of Interest – Recycling Committee
3) Letters of Interest (2) – Associate Members for the Conservation Commission
4) Change Order # 6 – Mashpee Public Library
5) Execution of Order of Taking – Forest Drive
6) Community Health Center
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 25, 2010
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, January 4, 2010 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, January 4, 2010 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
Peter White stated that he is pleased Don Myers has returned to his seat as a member of the Board of Selectmen. Mr. White also indicated that he is pleased the Affordable Housing Committee is up and running again, and made note of his willingness to serve on the committee. With regards to the Green Communities Act, Mr. White urged the Town to move quickly to fulfill the mandate to obtain recognition as a Green Community. And, regarding wastewater treatment systems, Mr. White noted that cluster systems are better than town-wide systems. Mr. White also requested the Town meet with him to further discuss and resolve the pending matter of the Plaza del Sol. In response, it was noted the matter is presently in litigation, and the Town is unable to make comment at this
time.
In other business, Selectman Don Myers expressed appreciation to the members of the Board of Selectmen and Town officials for their support during the past three months as Mr. Myers was unable to attend to public issues as a result of an unforeseen illness. Selectman Myers indicated he is recovering substantially, and gave thanks to those in the community who have helped his family during this time.
The Board of Selectmen, the Town Manager and members of the audience applauded Selectman Myers for his recovery and continued dedication to the Town of Mashpee.
COMMUNICATIONS AND CORRESPONDENCE:
Correspondence from Edward Baker:
The Selectmen reviewed communication as received from Ed Baker, Captains Row, Mashpee regarding his advocacy for the Mashpee River estuarine water quality as it relates to the potential for a “Conflict of Interest” as a member of the Environmental Oversight Committee. It was disclosed that Mr. Baker’s property value would be enhanced by the completion of the Mashpee River project.
Mr. Baker in his memorandum of January 7, 2010 indicated he discussed the question with the State Ethics Commission. Advice received from the Ethics Commission for Mr. Baker to “not be in conflict” when advocating for the Mashpee River was for the appointing authority to determine his financial interest was not substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee.
It is the opinion from Town Counsel and the Town Manager for Mr. Baker to recuse himself from discussions involving the Mashpee River project and that he should not be involved in advocacy for environmental improvements benefiting the Mashpee River estuary. It was further suggested the Board set a standard policy/practice for appointed Board/Committee members to recuse themselves from discussions where there is a financial gain.
Discussion followed with respect to this concern.
To obtain an exemption pursuant to G.L. c. 268A, §19, municipal employees must submit a disclosure to their appointing official of the nature and circumstances of the particular matter and the financial interest.
With respect to this matter, the Selectmen agreed the municipal employee, Edward Baker as a member of the Environmental Oversight Committee should submit a disclosure to the Town Clerk regarding his advocacy for environmental improvements benefiting the Mashpee River Estuary, and disclose his financial interest relative to the enhanced value of real property as identified. This recommendation is pending Town Counsel’s review and approval.
Resignation of School Committee:
The Selectmen were in receipt of correspondence from the Town Clerk dated January 20, 2010 relative to the resignation from MaryRose Grady as a member of the Mashpee School Committee. In accordance with the Town Clerk’s memorandum, the one-year unexpired term would be placed on the May 8, 2010 Annual Town Election warrant.
It was disclosed the School Committee has not reached a decision regarding the appointment of a new member. The individual if appointed jointly by the School Committee and Board of Selectmen would be required to seek re-election in May to fill the unexpired one-year term.
APPOINTMENTS AND HEARINGS:
Public Hearing – The Highlands – Private to Public Road Conversion:
The Board of Selectmen opened the Public Hearing to consider the private to public road conversions of the following roads: Dover Road, Oxfordshire Place, Windermere Way, Kings Court, Cransbourne Circle, Nancy Lane; as shown on plans entitled: Easement Taking and Layout Plan of Dover Road, Easement Taking and Layout Plan of Oxfordshire Place & Windermere Way, Easement Taking and Layout Plan of Kings Court, Easement Taking and Layout Plan of Cransbourne Circle, Easement Taking and Layout Plan of Nancy Lane, and prepared by Eagle Surveying, Inc. dated November 25, 2009, a copy of which plans may be reviewed in the Office of the Board of Selectmen at Mashpee Town Hall.
The Hearing notice was read aloud into the record. Catherine Laurent, Director of Public Works was in attendance to discuss the private to public road conversion of The Highlands with members of the Board of Selectmen and interest public.
The estimated betterment cost was disclosed as follows;
Construction Costs $247,410.00
Legal/Engineering/Postage Costs $7,285.00
Interest (Temporary Borrowing) $12,370.50
Total: $267,065.50
The estimated cost to be borne by 47 property owners is $5,682.24. All abutters of said roadways were advised the estimated cost is the maximum cost to be borne by the 47 property owners. The homeowners were advised the betterment assessment can be paid over a twenty year period.
To conform to the mandates of the road conversion process, the residents are required to submit a second petition to the Board of Selectmen’s Office. If the residents meet the deadline of Monday, February 8, 2010, the private to public road conversion will move forward to the May 2010 Town Meeting to obtain voter approval. A blank second petition was disseminated by the Board to an interested resident.
The Selectmen opened the hearing to solicit comment.
Board of Selectmen
Minutes
January 25, 2010
APPOINTMENTS AND HEARINGS:
Public Hearing – The Highlands – Private to Public Road Conversion:
Carolyn Eaton, 7 Windermere Way asked about the $5,582.24 betterment cost and as to when the actual figure would be determined. She was advised the cost estimate is the maximum cost to be borne by each abutter. The exact figure will not be determined until all work has been completed. Upon completion of the intended road conversion, the order of betterment assessment document is mailed to each of the 47 respective homeowners. A letter from the Treasurer’s Office would request input as to how each homeowner would prefer to be assessed. Payment of said betterment can be spread over a twenty year period. The interest figure as disclosed in the betterment assessment is for temporary borrowing purposes.
Sherry Bergeron 81 Dover Road inquired of the interest rate over a twenty year period. In response, the Town Manager indicated the interest rate although not yet determined can be as high as 5%.
Ms. Bergeron indicated that the end of Dover Road is un-buildable. With the conversion from a private to public road, Ms. Bergeron asked if a road would be constructed for use as a shortcut to South Cape Beach.
The DPW Director responded by stating the association would continue to maintain ownership of the four acre property at the end of Dover Road. The Town of Mashpee plans to take an easement over the existing roadway. Ms. Laurent explained if the improvements result in a lesser cost, the betterment cost to the residents would be lower.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Horseshoe Bend Way – Private to Public Road Conversion:
The Public Hearing notice to consider the adoption of a proposed Town road layout as shown on a plan entitled Easement Taking and Layout Plan of Horseshoe Bend Way as prepared by Eagle Surveying, Inc. and dated January 14, 2010 was read aloud into the record. Copies of said plan are available for review in the Office of the Board of Selectmen.
It was disclosed the estimated betterment cost for Horseshoe Bend Way is determined as follows;
Construction costs $211,080.00
Legal/Engineering/Postage Costs $6,200.00
Interest (Temporary Borrowing) $10,554.00
Total: $227,823.00
The estimated cost to be borne by 40 property owners is $5,695.85. Interested residents were advised the estimated amount reflects the maximum allowable charge by the Town of Mashpee for this betterment.
The Board of Selectmen opened the hearing to solicit comment.
Leroy Woodward 50 Horseshoe Bend Way requested additional information with regards to plans, pricing and scheduling.
It was noted the construction budget and related cost information was sent to all the abutters in a formal letter of communication from the Town of Mashpee. It was disclosed the betterment assessment can be paid over a twenty year period. The road betterment will be shown on the quarterly tax bills, and as a result of the timing of the recording, it may take up to one year to be reflected on the tax bill for payment.
Horseshoe Bend Way is intended to be reconfigured as a one way street. In the process, it is necessary for the town to take three easements. To allow the conversion process to move forward, the Town of Mashpee must have a written agreement with each of the three property owners.
Mr. Woodward asked if #44, #45, and #48 Horseshoe Bend Way were included in the assessment. It was disclosed the homes of question would be further verified. If a driveway is located on the roadway within a road conversion, the abutter is included in the betterment assessment. And, if there are additional homes other than the 40 property owners, the betterment assessment to the residents would be less.
Mr. Woodward indicated the road conversion has been a lengthy process, and that it may be near impossible to gather signatures for the second petition. He stated that most likely the petition would be ready for the October 2010 Town Meeting. Mr. Woodward explained the residents have been bearing the brunt of maintaining the road repairs. He asked if the DPW could assist the residents with this burden until this matter is cleared. Mr. Woodward indicated the former DPW Director used to grade the road at times to assist the residents. Mr. Woodward was advised of the February 8, 2010 deadline for the article to appear on the May 2010 warrant.
Maxine Roveda 78 Horseshoe Bend Way stated the condition of Horseshoe Bend Way is extremely gutted and difficult to pass in traffic. Ms. Roveda explained the ambulances have difficulty traversing the road as it presently exists. She asked about the required easements, and if they are not agreed upon.
In response, the Town Manager recommended the residents move forward with the required second petition to meet the February 8, 2010 deadline. Ms. Mason reaffirmed that it is necessary for the three property owners to sign off on the road conversion. Regarding the grading, the matter will be further discussed with the DPW Director.
With reference to the three easements, Ms. Laurent indicated of the three easements within the existing road, two are considered minimal. The third is fairly substantial. Presently, the Town is working with Town Counsel to review this issue to bring forth a “comfort level” with the residents whose properties are affected by the easements.
It was noted that costs are included in the assessment if it is necessary to go forward with an eminent domain taking.
The Selectmen recommended the residents move forward with the second petition required to be executed by the majority of the abutters. The petition requires twenty-one signatures.
Dave Whittaker 100 Horseshoe Bend Way asked which direction the road would begin as a future one way street. At this time, the entrance is expected to be designed on the portion of the road closest to Route 151.
Mr. Whittaker also made note of the residential mailboxes, many of which are now located at the end of the road. Although this is an issue for the Postmaster, with a newly paved road, the residents may have the ability to place individual mailboxes in front of their homes. With regards to utility upgrades, it was noted that utility companies are notified with respect to future road upgrades and the construction site is marked by Dig Safe prior to the onset of work. Matters pertaining to a water main should be directed to the Mashpee Water District.
The interested residents indicated they would take steps to initiate the second petition. A blank petition was distributed by the Board to the residents to facilitate the second petition process.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectmen Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Public Hearing – Stretch Energy Code:
The Board of Selectmen opened the Public Hearing to consider adopting the “Stretch” Energy Code – an optional appendix to the present 7th edition and forthcoming 8th edition of the Massachusetts Building Code CMR 780. The principal difference from the base code is a set of performance requirements (vs. construction methods) for new residential construction as well as commercial buildings greater than 100,000 sq. ft. Adoption of the “Stretch” Energy Code is recommended by the Town’s Energy Committee and the Town Building Inspector. Copies of the appendix are available at the Selectmen’s Office at Town Hall or may be viewed on the Town’s website: www.mashpeema.gov.
Tom Mayo and Catherine Laurent were in attendance to recommend the Board of Selectmen adopt the Energy “Stretch” Code, a Code adopted by the Board of Building Regulations and Standards in May 2009. The optional code establishes higher standards for new construction for energy efficiency. The higher standards include requirements for:
Improved building envelope such as better insulation and windows, and installation of an air barrier;
Improved lighting including, where appropriate, installation of lighting controls such as occupancy sensors and day lighting features; and
More efficient mechanical systems (HVAC systems, furnaces, boilers and air conditioners).
The specific requirements vary depending upon the type of construction (residential vs. commercial) and the building size.
If adopted, compliance with the Stretch Code is estimated to add approximately $10,000 to the cost of construction of an average single family dwelling. The cost amortized over a 30 year mortgage is approximately $55 per month. The energy bill savings expected by the improvements is approximately $145 per month. Costs may be lowered further with incentives and rebates for certain improvements.
Adoption of the Stretch Code is one of the five criteria for the Town of Mashpee to qualify as a Green Community. Qualification as a Green Community would make the Town eligible to share in an anticipated $10 million dollars annually for the funding of renewable energy projects. The Town has met the other four criteria and if approved, would become a lead community in this endeavor.
Public Hearing – Stretch Energy Code:
Regarding the adoption of the Stretch Code, it was disclosed that Town Counsel is presently reviewing the legalities with respect to the decision of the governing body following the public hearing. (Board of Selectmen vs. Town Meeting) If required, an article would be placed on the May 2010 Town Meeting warrant.
The Board opened the Hearing to solicit comment.
Peter White recommended the Selectmen move forward with the application. Mr. White voiced his support for the adoption of the Stretch Energy Code for energy efficiency. In his opinion Mr. White stated compliance with the new code will not cost any more, and it would make homes and businesses more affordable while protecting the environment.
In response to Mr. White’s comments, the Selectmen indicated compliance with the Stretch Energy Code is estimated to add approximately $10,000 to the cost of construction of an average single family dwelling.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was noted the MA Stretch Code requires a Home Energy Rating System (HERS) index of 65 or less for new homes of 3,000 square feet or above, and 70 or less for new homes below 3,000 square feet. A HERS index of 65 means the home is estimated to use 65% as much energy as the same home built to the 2006 energy code, or a 35% annual energy savings. For home renovations, the options to meet the Stretch Code are; 1) the same performance approach as new construction with a required HERS index of 80 or less for significant changes to homes over 2,000 square feet, or 85 or less for homes below 2,000 square feet and 2) a prescriptive approach where specific efficiency measures are required rather than a HERS index number.
With respect to automatic day lighting controls, this feature applies to commercial properties.
Motion made by Selectman Cahalane to adopt the Massachusetts Building Code Appendix 120.AA, “Stretch” Energy Code with the stipulation, if the decision would further require Town Meeting approval, an article would be placed on the May 2010 Town Meeting warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Energy Committee Update:
Tom Mayo and Catherine Laurent members of the Town Energy Committee updated the Selectmen on Energy Efficiency, Renewable Energy and the Green Communities Program. A printed copy of the presentation is available in the Selectmen’s Office for additional review.
With regards to Energy Efficiency, it was noted the Energy Star rating has recognized the MHS, the Middle School, the Quashnet School and the K.C. Coombs School. As Energy Star certified buildings, the schools are in the top 20% of energy efficient buildings in the United States. To date, energy efficient measures as identified in the 2009 Cape Light Compact Energy audits have been installed at the Town Hall, DPW and MHS. The Energy Committee is presently working towards a comprehensive educational campaign to increase and gain participation in energy efficiency programs.
Renewable Energy Projects include the Wind Turbine Feasibility Study. The final draft is expected to be submitted to the Selectmen for input in early February. Two Windspires approved for purchase will be installed at Heritage Park this spring and are expected to power a percentage of the Mashpee Chamber of Commerce building. Solar projects planned for Town buildings include the Senior Center, the Town Hall and Mashpee High School. And, with the new Solar Carve-out legislation, a solar project at the Landfill is also under consideration.
The benefits of the Green Community recognition include the designation of environmental leadership in the State, status as an energy role model for Mashpee residents, organization for continued energy related cost savings, and obtaining a share in the $10 million annual funding for renewable energy projects which may include some of the aforementioned projects.
The Selectmen complimented the Energy Committee on their endeavors.
NEW BUSINESS:
Letter of Interest – Recycling Committee:
Correspondence was received from the DPW Director dated January 20, 2010 recommending the appointment of June Levy to the Recycling Committee. A letter of interest was received from Ms. Levy dated January 13, 2010 for appointment. Ms. Levy has served on the New Seabury Recycling Committee since its inception 5 years ago.
Motion made by Selectman Cook to appoint June Levy to the Recycling Committee as recommended.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Change Order #6 – Mashpee Public Library:
Change Order #6 associated to the Mashpee Public Library dated January 6, 2010 was presented to the Selectmen for review and approval. It was noted the $6,528 change order was approved by the Planning & Construction Committee.
Motion made by Selectman Cook to approve Mashpee Public Library Change Order #6 in the amount of $6,528 as referenced.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
It was noted the Library project is moving forward on time and within budgetary constraints. The Selectmen indicated they are pleased with the progress and construction of the new building.
COMMUNICATIONS AND CORRESPONDENCE:
Affordable Housing Committee:
It was announced the first meeting of the Affordable Housing Committee is scheduled for February 9, 2010. Members from the previous committee, the recent appointee’s and those having an interest in membership are invited to attend the meeting. It was noted that due to the lack of interest and quorum issues, the committee was unable to meet on a regular basis. It is hopeful the reformation of the committee will bring forth strides on behalf of affordable housing.
COMMUNICATIONS AND CORRESPONDENCE:
School Department Discussion:
With respect to budgetary constraints in a tight fiscal climate, the Selectmen discussed their concern with regards to the School Department authorizing several mid-year raises and the justification thereof. At this time, the Town is in budget preparation attempting to level fund and reduce budgets without laying off existing staff. To allow pay increases at a dismal economic time may have a detrimental effect on those people working for the Town who are trying to maintain their employment. It was noted that this matter appears on the Finance Committee’s agenda for further discussion.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Mashpee Blue Book:
The compilation of the Mashpee Blue Book, an environmental awareness booklet is moving forward with cooperation between the Town EOC Committee and Mashpee School Department contributing input and student artwork. It was noted EOC Committee member Beverly Kane has been very active in the process. It is anticipated the book will be available for distribution by the end of the school year.
Santuit Pond Study:
A subcommittee of the EOC in conjunction with the Town Manager is expected to meet with the engineers for the Santuit Pond Study to review matters pertaining to the scope of the testing. It was agreed the Selectmen would be updated at the next meeting.
NEW BUSINESS:
Acceptance of Resignation – Community Preservation Act Committee:
The Selectmen were in receipt of communication from Gus Frederick dated January 19, 2010 resigning from the Community Preservation Act Committee as an at-large member.
Motion made by Selectman Cook to accept the resignation from Gus Frederick from the Community Preservation Act Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was noted the vacant position would be duly advertised to seek membership.
Letters of Interest (2) – Associate Members for the Conservation Commission:
On behalf of the Conservation Commission, correspondence was received from Andrew McManus, Conservation Agent dated January 8, 2010 recommending the appointment of two candidates to serve the Conservation Commission as associate members.
Motion made by Selectman Richardson to accept the recommendation of the Conservation Commission and appoint Cass Costa and Lou Seligowski to the Conservation Commission as Associate Members.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Execution of Order of Taking – Forest Drive:
The Order of Taking to accept the layout of Forest Drive in its entirety as approved by a vote a the October 2009 Town Meeting was presented to the Selectmen for execution.
Motion made by Selectman Cook to approve and execute the Order of Taking to accept the layout of Forest Drive in its entirety, as a public way as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Community Health Center:
The Board of Selectmen reviewed the Notice of Federal Interest as it pertains to the Health Resources and Service Administration awarded Grant No. c81 Cs14502 to the Community Health Center of Cape Cod. The grant provides Federal funds for the purpose of constructing a new parking lot adjacent to the health center.
Correspondence was received from Town Counsel dated January 11, 2010 with respect to this regard. In accord with the memorandum from Town Counsel, he has recommended the Chair of the Board of Selectmen execute the Agreement upon a full vote from the full Board of Selectmen.
Motion made by Selectman Cahalane to approve and execute the Notice of Federal Interest as owner of the property located at 107 Commercial Street in Mashpee leasing the property to Community Health Center of Cape Cod for a period of 95 years, to expire February 27, 2102. The Selectmen are in full agreement with the proposed improvements.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:33 p.m. The Board will move into Executive Session for the purpose of discussing pending litigation. The Board will not return to Open Session.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Myers, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Richardson, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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