AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 12, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, June 21, 2010 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Joint Meeting with Finance Committee
Auditors – EXIT INTERVIEW
Ratification of Year-End Transfer
6:50 Request for One-Day Wine & Malt License – Mashpee Night at the Pops
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Breezy Acres Easement Discussion
NEW BUSINESS
- Request of the Superintendent to Move Election Site
- Recycling Committee Update
- Request to Remove Committee Member – Affirmative Action Committee
- Acceptance of Resignation – EDIC Member
Recommendation for Acceptance of Proposal – FY11 Landfill Monitoring Contract
- Request by Planning Board for Bylaw Amendment – Conversion and Acceptance of Private Ways to Public Roads
- The Main Street Village Condominium Discussion
- Affordable Housing Fund Discussion
- Review & Execution of Regulatory Agreement – 3 Parcels - Habitat for Humanity
- Ratification of Contract – Administrators Unit A & B
Ratification of Contract – Mashpee Permanent Firefighters Association, Local 2519
Ratification of Contract – Fire Chief
- Review & Execution of Order of Taking – The Highlands
- Discussion of School/Town Budget Process
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 12, 2010
Present: Selectman Cook, Selectman Cahalane, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, June 21, 2010 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, June 21, 2010 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Richardson abstained.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, abstained Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
APPOINTMENTS & HEARINGS:
Request for One-Day Wine & Malt License – Mashpee Night at the Pops:
Chris Ball, a representative of the Mashpee Community Concert Committee was in attendance to request the Selectmen approve the annual Mashpee Night at the Pops license application for the sale of beer & wine on the date of Saturday, July 24, 2010 with a rain date of July 25, 2010. The hours of the sale of alcoholic beverages is from 5:00 p.m. to 10:00 p.m. in the designated Mashpee Commons parking area.
The Mashpee Community Concert Committee, a non-profit entity has also requested the Selectmen waive applicable fees associated to the annual event.
When asked about the handicap accommodations in accordance with the American with Disabilities Act (ADA), Mr. Ball indicated the committee has been working with the ADA Committee and that 50 parking sites have been allocated for handicap persons.
The Mashpee Night at the Pops this summer will feature a unique Americana performance featuring the world renowned Spirit of America.
Motion made by Selectman Cahalane to waive applicable fees associated to the annual Mashpee Nights at the Pops as requested.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Cahalane to approve the One Day Wine & Malt License to the Mashpee Community Concert Committee for the annual Mashpee Night at the Pops on July 24, 2010 with a rain date of July 25, 2010.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Joint Meeting with Finance Committee: Auditors – EXIT INTERVIEW:
The Board of Selectmen met jointly with members of the Finance Committee for the purpose of reviewing the independent auditor’s report for the fiscal year ending June 2009. Auditor Matthew Hunt of Sullivan, Rogers & Company LLC of Burlington, MA was in attendance to highlight the financial statements of government and business type activities based on their audit as well as assessing the accounting principals used and made by management.
Although there is a slight decrease in the general budget, it was explained the range is normal as a result of present economic conditions, and acceptable in terms of the bond rating. The Town’s bond rating from Standard & Poor’s for the August 2008 bond issue was AA+. It was noted the Stabilization Fund containing $3.4 million also assists in a favorable bond rating.
Major capital asset events that occurred during the audit fiscal year include the Library construction in progress, completed roadway projects, the Fire Substation construction also in progress and the purchase of an ambulance. It was disclosed the debt service is less than 10% of the overall expenditures which is an acceptable range.
In the Management Letter, deficiencies relative to the Town’s internal control were considered. During the audit, recommendations for strengthening internal controls and operation efficiencies were addressed. Recommendations as outlined in the Management Letter include the Kids Klub Enterprise Fund, Encumbrances, the Transfer Station Cash Receipts, Betterments, Police Forfeiture Accounts, the School Department, the Rental of School Buildings, Allowance for Uncollectible Ambulance Accounts Receivable, Risk Assessment and Monitoring and New Accounting and Financial Reporting Requirements for Fund Balances.
Upon discussion of the Management Letter, it was suggested the auditor indicate the amount of time the recommendations have been outstanding to enable the Town to focus on past issues not being addressed. Mr. Hunt was in agreement, and made note, of the 10 recommended categories in this year’s audit, 5 are repeat comments.
The question was asked as to the recommended amount a municipality should set aside in Stabilization Funds. Mr. Hunt stated that typically the amount set aside for stabilization is within a 5 to 10% range of a town’s expenditures. Mr. Hunt indicated that his firm does not typically recommend how stabilization funds are expended. However, it this current economic climate, many municipalities are “dipping in” to their stabilization funds. The Selectmen agreed it is not their intent to use Stabilization Funds to balance the budget.
Mr. Hunt was also asked if there is an influx of municipalities selling properties to supplement the loss of state revenue. In response, Mr. Hunt stated that he has not seen a lot of this type of activity during the regular audits.
APPOINTMENTS & HEARINGS:
Joint Meeting with Finance Committee - Ratification of Year-End Transfer:
The Board of Selectmen and Finance Committee reviewed the Year-End Transfer in the amount of $10,322.23 from the Police Dispatch Salary/Wage Account to the Police Salary/Wage Account effective June 30, 2010.
Correspondence was received from the Chief of Police dated July 8, 2010 documenting the reason for the referenced transfer.
Motion made by Mr. Gasior to approve the Police Department Year-End Transfer in the amount of $10,322.23 as referenced effective June 30, 2010.
Motion seconded by Mr. Johnson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Mr. Gasior, yes Mr. Klenert, yes
Mr. Johnson, yes Mr. Chalker, yes
Opposed, none
Motion made by Selectman Cahalane to approve the Year-End Transfer in the amount of $10,322.23 from the Police Dispatch Salary/Wage Account to the Police Salary/Wage Account effective June 30, 2010.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
The Board of Selectmen reviewed a Year-End Transfer previously approved by the Finance Committee in the amount of $2,899 from the Building Salary/Wage Account to the Board Secretary Account effective June 22, 2010.
Motion made by Selectman Taylor to approve the Year-End Transfer from the Building Salary/Wage Account to the Board Secretary Account as referenced.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Joint Meeting with Finance Committee – Ratification of Year-End Transfer:
The Year-End Transfer of $1,261 from the Recreation Expense Account to the Recreation Salary/Wage Account previously approved by the Finance Committee was reviewed by the Board of Selectmen prior to approval.
Motion made by Selectman Taylor to approve the Year-End Transfer of $1,261 from the Recreation Expense Account to the Recreation Salary/Wage Account effective June 22, 2010.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Discussion of School/Town Budget Process:
The Board of Selectmen discussed with the Finance Committee the matter of the School/Town Budget Process. In an effort to improve on the budget process and to adhere to the mandates of the Town Charter, the Selectmen and Finance Committee agreed to invite the School Committee to review in detail deliberations relative to the financial process for the upcoming Town/School budget.
It was noted the Finance Committee at their meeting of July 22, 2010 will begin to discuss this matter with the School Department.
It was agreed a collaborative meeting would be held in August with the Town’s Financial Team to review revenues anticipated for the FY2011 budget.
OLD BUSINESS:
Breezy Acres Easement Discussion:
Correspondence was received from the Housing Assistance Corporation of Hyannis, MA dated July 6, 2010 requesting to place an article on the October Town Meeting warrant to request an easement on Town owned property to allow the Breezy Acres Expansion project to move forward with the development of ten new affordable town home rental units.
The Housing Assistance Corporation and the Mashpee Housing Authority (MHA) are entering into an agreement to construct the units of affordable rental housing at the Breezy Acres community located on Old Barnstable Road, just south of the Mashpee High School.
As part of the agreement, a shared septic system with a design flow of 4,400 gallons per day will be built to replace the failed septic systems at the existing site and to service the new homes. The property is located within a Zone II wellhead protection area. The Breezy Acres property is deemed too small to accommodate the design flow for the project. State Environmental Code Title 5 regulations allow the increase of the design flow if an easement is placed on adjacent land restricting future nitrogen discharges from septic systems, fertilizers or road runoff.
The matter was previously placed before the Board of Selectmen to place an easement on 1.5 acres of abutting Town-owned land to enable the septic calculations. The Board of Selectmen reiterated their concerns with regards to placing an easement on Town-owned property when the initial project had options to tie into the existing wastewater treatment facility at the Mashpee High School which is an underutilized septic system. Other alternatives included designing an innovative alternative system on-site and/or purchasing property with designated project funding.
It was noted the project has been partially funded by the Town using $450,000 in Community Preservation Act funds, and at this time, there is no preference for Mashpee residents to reside in the Breezy Acres Community.
It was agreed the Selectmen would advise the Housing Assistance Corporation of their concerns. The matter was tabled at this time.
NEW BUSINESS:
Request of Superintendent to Move Election Site:
The Selectmen were in receipt of communication from Ann Bradshaw, Superintendent of Schools dated June 23, 2010 requesting the Selectmen consider moving future elections to another site location beginning with the September 14, 2010 State Primary. Mrs. Bradshaw related concerns in her memorandum regarding student safety at the Quashnet School.
Additional correspondence was received from the Town Clerk dated July 8, 2010 with regards to the possible relocation of the Election site. Deborah Dami, the Town Clerk was in attendance to address this matter with the Board of Selectmen.
Mrs. Dami indicated that historically, towns throughout the Commonwealth of Massachusetts have held their elections in the schools. During her tenure as Town Clerk, Ms. Dami stated the safety of the Mashpee students has been maintained as a high priority. In her letter, Mrs. Dami outlined the issues and cost constraints related to the relocation of the Election from the Quashnet School to the High School. Costs include voter notification, increased personnel, new signage, security and added police detail. Immediate concerns include the condition of the gymnasium floor after a large Election and the safety of the poll workers during late evening hours.
In an effort to work with the Schools to address their concerns, it was suggested that professional development days for teachers be scheduled on Election Day.
Motion made by Selectman Richardson to thank the Superintendent of Schools for her interest and concern, however, the Board of Selectmen have elected to continue with the use of the Quashnet School as the Town’s Election site location.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Recycling Committee Update:
Members of the Recycling Committee met before the Board of Selectmen to launch the recycling education program intended to increase recycling participation at the Transfer Station and within the Town of Mashpee. The recycling campaign includes an education program geared to promote recycling. Promotional activities include the development of a logo, working with the Chamber of Commerce, the students, and providing educational material at various Town events, and neighborhood associations.
In calendar year 2009, the single stream recycling rate at the Transfer Station was 17%. The goal of the Recycling Committee is to reduce trash disposal. The cost of recycling is historically 75% less than the cost of trash disposal.
A new Recycling Guide flyer has been developed to assist with the single stream collection process. The flyer easily identifies the items that would be recycled in the single stream program. It was suggested that residents new to the program, start off small with the heavy items such as magazines to offset tonnage costs. T-shirts have been designed to promote the Mashpee Go Single campaign. The Selectmen were requested to meet at the Transfer Station wearing their shirts to promote the community effort on Recycling Day, a date to be announced.
Request to Remove Committee Member – Affirmative Action Committee:
Correspondence was received from Marilyn Farren; Human Resources Director dated June 29, 2010 recommending the removal of a member of the Affirmative Action Committee for lack of attendance. Members of the Affirmative Action Committee at their meeting of June 22, 2010 have requested the removal of Paul Perry.
Motion made by Selectman Richardson to support the request of the Affirmative Action Committee to remove Paul Perry as a member with regret.
Motion seconded by Selectman Cahalane,
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
It was agreed the position vacancy would be duly advertised.
Acceptance of Resignation – EDIC Member:
A letter of resignation was received from Joe Noonan dated June 23, 2010 resigning from the EDIC, the Town’s Economic Development & Industrial Committee.
Motion made by Selectman Taylor to accept the resignation of Joe Noonan from the EDIC with regret.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
The Selectmen agreed to send a letter of commendation to Mr. Noonan for his dedicated service to the Town of Mashpee.
Recommendation for Acceptance of Proposal – FY11 Landfill Monitoring Contract:
It was noted the agenda topic of discussion was previously placed on the Selectmen’s agenda, but deferred for additional price quotations. As a result of the Selectmen’s direction, the Board of Health reviewed proposals from three vendors for the FY2011 Landfill Monitoring Contract. The results of the requests were outlined in a memorandum addressed to the Selectmen dated June 28, 2010.
As a result of the firms historical experience with the Town of Mashpee and the likelihood of assisting the Town in future projects, the Board of Health has recommended the contract be awarded to Weston & Sampson, the holders of the current contract, with a bid price of $15,150.
Motion made by Selectman Richardson to accept the recommendation of the Board of Health and award the bid for the FY2011 Landfill Monitoring Contract to Weston & Sampson for the sum of $15,150.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
The Selectmen agreed to re-bid the project next year, and consider the provision the Town provide all of the historic data (spreadsheets and AutoCAD) drawings) in electronic form.
NEW BUSINESS:
Request by Planning Board for Bylaw Amendment – Conversion and Acceptance of Private Ways to Public Roads:
Mary Waygan, Chair of the Planning Board remitted communication to the Selectmen dated June 25, 2010 requesting the Selectmen amend the Town General Bylaws to require all private ways accepted as or converted to public roads by the Town meeting the Planning Board’s adopted “Town of Mashpee Rules and Regulations Governing the Subdivision of Land”.
The subsection of both the General Bylaw Section 150-6 Acceptance of Private Ways to Private Petition (new Subsection G.) and Section 150-7 Conversion of Private Roads to Public Roads (new Subsection E.) were recommended as follows;
“All ways to be accepted as Town Ways shall be brought into compliance with at least the minimum standards set forth in the Town of Mashpee Rules and Regulations Governing the Subdivision of Land”.
It was agreed the Selectmen would hold a place for the recommended amendment on the October 2010 Town Meeting warrant.
The Main Street Village Condominium Discussion:
The Board of Selectmen held a discussion regarding the possibility of purchasing a single family condominium home available for procurement. The Main Street Village Condominium unit that is deemed for sale is deeded in perpetuity for affordable housing. The Board discussed the need for affordable housing in the Town of Mashpee and reviewed potential scenarios for the acquisition of the property.
It was noted the Town through its Affordable Housing Trust has seed money, approximately $237,000 in prior mitigation funds held by the Cape Cod Commission for affordable housing purposes. It was suggested the Affordable Housing Committee meet with the Affordable Housing Trust, a nine member committee consisting of the full Board of Selectmen and four at-large members to discuss the project proposal. It was also agreed the Selectmen would further review the proceedings of this matter in detail.
NEW BUSINESS:
Affordable Housing Fund Discussion:
The Board of Selectmen reviewed potential avenues to obtain funding for affordable housing needs. The use of Community Preservation Act funds earmarked for affordable housing purposes was strongly considered. The Act requires participating communities to set aside for later spending, 10% of the annual revenues in the Community Preservation Fund for affordable housing. Funds may be expended for the creation, preservation, and support of community housing and for the rehabilitation or restoration of such community housing that is acquired or created. With respect to permissible purposes for which CPA funds may be spent on community housing, the Act requires that wherever possible, preference be given to the adaptive reuse of existing buildings or construction of new buildings on
previously developed sites.
It was agreed that Town Counsel would be consulted regarding the use of 10% CPA funds set aside for affordable housing needs, and if permissible, to be earmarked to the Town’s Affordable Housing Trust for affordable housing purposes.
Review & Execution of Regulatory Agreement – 3 Parcels – Habitat for Humanity:
The Board of Selectmen reviewed the Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for the Ownership Project of the following (3) housing developments known as; 38 & 44 Timberlane Drive, 19 Lakewood Drive and 67 Fox Hill Road.
The Agreement as presented for the (3) parcels is by and among the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development (DHCD), the Town of Mashpee and Habitat for Humanity of Cape Cod, Inc.
Motion made by Selectman Taylor to approve and execute the Local Initiative Program Regulatory Agreement and Declaration of Restricting Covenants for Ownership Project as presented, and further, authorize the Chairman of the Board of Selectmen Theresa Cook to execute said Agreement on behalf of the Town of Mashpee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Ratification of Contract – Administrators Unit A & B:
The Board of Selectmen reviewed the Memorandum of Agreement between the Town and Mashpee Public Employee’s Local Union Unit A & B for the period July 1, 2010 through June 30, 2011. The terms of the July 1, 2007 through June 30, 2010 Collective Bargaining Agreement between the parties are extended as written for a one-year period through June 30, 2011.
Motion made by Selectman Taylor to ratify and execute the Memorandum of Agreement between the Town of Mashpee and Massachusetts Laborers’ District Council of the Laborers’ International Union of North America in behalf of the Mashpee Public Employee’s Local Union Unit A and Unit B for the term July 1, 2010 through June 30, 2011.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Ratification of Contract – Mashpee Permanent Firefighters Association, Local 2519:
The Selectmen reviewed the Agreement between the Town and Mashpee Permanent Firefighters Association, Local 2519 through June 30, 2012. The Memorandum amends the 2007-2010 Agreement between the parties as modified for the period July 1, 2010 through June 30, 2012.
Motion made by Selectman Taylor to ratify and execute the Memorandum of Agreement between the Town of Mashpee and Mashpee Permanent Firefighters Association, Local 2519 through June 30, 2012.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Ratification of Contract – Fire Chief:
The Agreement with George Baker, Fire Chief effective July 1, 2010 through June 30, 2013 was reviewed by the Selectmen prior to execution.
Motion made by Selectman Taylor to ratify the Agreement between the Town of Mashpee and Fire Chief, George Baker as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Review & Execution of Order of Taking – The Highlands:
The Board of Selectmen reviewed the Order of Taking to accept the layouts of The Highlands development which includes Dover Road, Oxfordshire Place, Windermere Way, Kings Court, Cransbourne Circle, and Nancy Lane.
Motion made by Selectman Taylor to execute the Order of Taking of The Highlands development as outlined.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:15 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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