AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 9, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, June 28, 2010 Regular Session
Monday, July 12, 2010 Regular Session
Monday, July 19, 2010 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Fire Chief/ Conservation Agent – US Fish & Wildlife - Mitigation
Fire Chief – Barnstable County Sheriff’s Office
7:00 Sewer Commission - Wastewater Nitrogen Removal
COMMUNICATIONS & CORRESPONDENCE
- Cape Cod Water Protection Collaborative – Managing Wastewater Issues
OLD BUSINESS
- Request for One-Day Wine & Malt License – La Tavola
- Approval and Execution of Joint Pole Relocation for 379 Monomoscoy Road
NEW BUSINESS
- Request to Fill Vacancy – Receptionist/ Clerk – Senior Center
- Ratification of Contract – Clerical Union
- Request to Remove Member from Committee – Americans with Disabilities Act (ADA) Committee
- Execution of State Election Warrant
- Acceptance of Resignation – Cultural Council
Execution of Order for Betterment Assessment – Bayridge Development
- Simons Narrows Road, Spinnaker Drive, Yardarm Drive, Starboard Drive, Half Hitch Lane
- Review of Draft #1 of the October 18, 2010 Town Meeting Warrant
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 9, 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 28, 2010 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, June 28, 2010 as presented.
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
Monday, July 12, 2010 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, July 12, 2010 as presented.
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
Monday, July 19, 2010 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, July 19, 2010 as presented.
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 AND HEARINGS:
Prior to the start of the Selectmen’s Meeting, the Board held a Moment of Silence to honor Michael J. “Mic” Flick who died in a recent motorcycle accident. Michael was a bright shining star to all, and was a staff member of the Boys and Girls Club of Cape Cod earning the Youth of the Year award.
Public Comment:
Marion “Mimi” Joseph a resident of Pimlico Pond Road presented several concerns to the Selectmen with respect to the level of Mashpee/Wakeby and the increased shoreline erosion due to the wake of boats and other water vehicles. Ms. Joseph disseminated photographs of the eroded shore and indicated according to state regulations, boats and jet skis are required to maintain a distance of 150’ from the shoreline and 75’ from any swimming area.
Ms. Joseph praised the Chief of Police for his support increasing coverage on weekends. However, Ms. Joseph indicated that during the week, there is little enforcement. Ms. Joseph suggested the Selectmen recommend strict enforcement fines over warnings, and require more equal treatment on Wakeby Pond. Ms. Joseph asked the Selectmen to request the State reduce the speed limit from the current 45 mph to a lesser speed. Also, Ms. Joseph urged for a greater transparency with respect to gaining response to questions such as the number of citations issued. With regards to the level of water, Ms. Joseph indicated it appears to be higher than normal and suggested the lake be lowered to recommended levels.
APPOINTMENTS AND HEARINGS:
Fire Chief/Conservation Agent – U.S. Fish & Wildlife – Mitigation:
George Baker, Fire Chief was in attendance to discuss wildfire mitigation work funded by the U.S. Fish & Wildlife to commence September 1, 2010. Mashpee is deemed a high risk community and to alleviate the progression of a potential forest fire in the Mashpee Wildlife Refuge and to reduce the fire spreading to the adjacent Greenwood, Holland Mills and Highlands developments, vegetation clearing is planned via controlled burning.
In 2009, the U.S. Fish & Wildlife Service began their work to reduce wildfire risks in the Mashpee Wildlife Refuge by making the roads safer for firefighters during a wildfire.
Chief Baker indicated that most of the work intended for the 2010 fire mitigation project will be conducted predominately on Mashpee Conservation land. The Conservation Department is working closely with the U.S. Fish & Wildlife Service and the Mashpee Wampanoag Tribe on this project.
Work involves the clearing of a 100’ wide vegetation buffer between the Refuge and subject neighborhoods. The selective clearing will also allow for the rejuvenation and protection of the New England Cottontail habitat, a rare rabbit which survives in thickets that sprout after a wildfire.
Residents will be adequately notified of the intended project proposal.
APPOINTMENTS AND HEARINGS:
Fire Chief – Barnstable County Sheriff’s Office:
The Board of Selectmen reviewed with the Fire Chief the Agreement relative to the Conditions and Operating Policies for the Operation of a Fire Dispatch Center for the Town of Mashpee by the Barnstable County Sheriff’s Office.
The Agreement as presented shall cover the period from July 1, 2010 through June 30, 2011, and shall self renew on an annual basis unless cancelled by either party. Chief Baker indicated he is satisfied with the cooperative operation of a primary dispatch program. The program is very cost effective for the Town of Mashpee.
A typo was detected in section (V) regarding the annual fee to be paid quarterly, as it relates the effective date of the subject contract.
Motion made by Selectman Taylor to approve the Agreement between the Town of Mashpee and Barnstable County Sheriff’s Office for the Operation of a Fire Dispatch Center correcting the effective date from July 1, 2010 through June 30, 2011 as referenced.
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
OLD BUSINESS:
Request for One-Day Wine & Malt License – La Tavola:
The Executive Director of the Mashpee Chamber of Commerce was in attendance to request the Selectmen approve the Special Events Application of the annual La Tavola, an Italian Festival for a One-Day Liquor license for the sale of beer and wine on Friday, August 13, 2010 from 5:00 p.m. to 8:30 p.m. at the SouthCape Village, Mashpee.
There are no changes from last year’s license request. It was confirmed that proper identification will be requested to verify the age requirement for the consumption of alcohol.
Motion made by Selectman Richardson to approve a One-Day beer and wine license to the Mashpee Chamber of Commerce for the La Tavola event to be held on August 13, 2010 as referenced.
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
NEW BUSINESS:
Request to Fill Vacancy – Receptionist/Clerk – Senior Center:
James Long, Council on Aging Director was in attendance to discuss the Position Vacancy Request for a Receptionist/Clerk, 16 hours per week at Step 1 of the intended pay scale. Mr. Long indicated the hiring of the position would provide consistency in the department for at least four days. As a result of budgetary considerations, the position was reduced from a 19 hour work week.
Motion made by Selectman Taylor to approve the filling of a Receptionist/Clerk position to the Council on Aging; 16 hours per week as requested.
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
COMMUNICATIONS AND CORRESPONDENCE:
Cape Cod Water Protection Collaborative – Managing Wastewater Issues:
Correspondence was received from the County of Barnstable; Cape Cod Water Protection Collaborative dated June 27, 2010 relative to the Collaborative municipal support initiative in the FY11 budget to assist towns with the planning, engineering and financial challenges faced in managing wastewater issues.
Barnstable County is funding this initiative and the Cape Cod Water Protection Collaborative is offering the services of its consultant team to Cape Communities.
It was agreed the Board of Selectmen would remit a letter of request for support to assist in the management of wastewater issues.
OLD BUSINESS:
Approval and Execution of Joint Pole Relocation for 379 Monomoscoy Road:
The Board of Selectmen was requested to approve NSTAR Petition Plan No. 103573 for a Joint Pole relocation at 370 Monomoscoy Road to accommodate a customer request. The existing pole is in the way of a driveway. The notice of hearing was mailed to the abutters. The hearing was held on August 2, 2010 without objection.
Motion made by Selectman Cahalane to approve NSTAR Petition No. 103573 for a Joint Pole Relocation at 379 Monomoscoy Road, Mashpee.
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
APPOINTMENTS AND HEARINGS:
Sewer Commission – Wastewater Nitrogen Removal:
The Board of Selectmen met with several members of the Sewer Commission to discuss a grant application proposal relative to groundwater treatment with all, or a portion of, the approximately 5,000 foot permeable reactive barrier (PRB), or other groundwater treatment technique, such as groundwater drainage, treatment and recharge, to remove the wastewater and land use nitrogen in the groundwater for approximately 140 properties on the Pirate’s Cove peninsula.
It was noted the Sewer Commission voted at their July 20, 2010 meeting to show an interest in the PRB system and pursue a grant application to the Clean Water State Revolving Fund (SRF) 2011 for the demonstration project.
The Sewer Commission has recommended the Selectmen support the services of Lombardo Associates to prepare the necessary reports and application for SRF grant funding under the Green Reserve Program. The project application is required to be submitted by August 16, 2010. The cost to secure Lombardo Associates to perform the grant scope of services is $5,000.
The Board of Selectmen were in receipt of letters of support from residents of Pirates Cove for the PRB demonstration system, a Nitrex Technology project, and to be considered as a pilot project to an environmentally friendly approach to the sewer and water problem in the Mashpee River.
It was explained the demonstration project if approved would place the Town of Mashpee in the forefront, and result in a significant cost savings.
Discussion followed with respect to the 2010 Intended Use Plan (IUP) which details the projects, borrowers, and amounts that will be financed through the Clean Water State Revolving Fund (CWSRF) program. The CWSRF is a joint federal-state financing program that provides subsidized interest loans to wastewater systems for water pollution abatement projects.
Certain projects, whose primary purpose is nutrient reduction, may be eligible for 0% interest loans, if they meet specific statutory requirements. Any borrower on the 2010 IUP who wishes to seek 0% funding must submit documentation how conditions contained in the 5 provisions lists are met for their project. In the allocation, states are required to use a share of the CW grant for additional loan subsidy which is defined as principle forgiveness, grants or negative interest loans.
In total, the groundwater treatment at Pirates Cove is anticipated to cost $2.9 million opposed to conventional sewering which is projected to cost $8.4 million for this area.
It was noted a certified project evaluation report, required documentation is in the process of completion, and the plan is TMDL compliant.
Discussion followed with respect to the complexities of the issue, and related financial implications. The Selectmen asked if this has been determined by the Sewer Commission as Phase I of a Town-wide plan. To date, a Town-wide plan is not fully developed, and it has not been voted.
Sewer Commission member Joseph Lyons indicated the Nitrex system represents the most natural application method to remove nitrogen in a most critical area the Popponesset Bay. In theory, the best solution for the Town is a combination of options. At this time Mr. Lyons explained this is an opportunity for the Town to gain reimbursable funds.
Committee member Tom O’Hara added the proposal was presented to the Sewer Commission as a grant. Long term financing has not been discussed to date. It was noted the Sewer Commission has discussed the proposal with the Cape Cod Commission, and they are excited about the possibility of Pirate’s Cove being selected and for the future benefit that would derive for the entire Cape.
It was noted the Town may qualify for nitrogen loading mitigation funds on file with the Cape Cod Commission to assist with the cost of the application.
Oskar Klenert, a member of the Sewer Commission indicated the new technology is viewed as an option that has been successfully tested in Europe. The Nitrex technology is simpler, and would create less of a financial burden to the taxpayer. Mr. Klenert reviewed the process with the Board of Selectmen, and noted that many Pirates Cove residents attended the last Sewer Commission meeting and voiced support emphatically. It is a tremendous option to move forward, to get on the list for next years grants and loans. Mr. Klenert urged the Town to find the $5000 in funding to submit the grant application.
Upon detailed review, the Selectmen agreed to move forward, and review the application before it is submitted. It was agreed funding from the legal/engineering and consulting account would be utilized, and reimbursement would be sought from Cape Cod Commission mitigation funds.
Motion made by Selectman Richardson to approve the application to the Clean Water State Revolving Fund program, and the grant application fee of $5000 to Lombardo Associates using available funds, seeking reimbursement from the Cape Cod Commission, subject to the Selectmen’s review of the grant application and Town Counsel’s review and approval.
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 – Clerical:
The Board of Selectmen reviewed the Memorandum of Agreement between the Town of Mashpee and Service Employees International Union Local 888, AFL-CIO (Clerical Unit) for the period July 1, 2010 through June 30, 2011.
Motion made by Selectman Taylor to ratify the Agreement between the Town and Clerical Unit, Local 888 as presented.
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:
Request to Remove Member from Committee – Americans with Disabilities Act (ADA) Committee:
Correspondence was received from the ADA Committee dated July 6, 2010 recommending that Deborah Downey be removed from the Americans with Disabilities Act Committee. Ms. Downey has never served as a member of the committee.
Motion made by Selectman Cahalane to remove Deborah Downey from the ADA Committee as recommended.
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
Execution of State Election Warrant:
Copies of the State Primary Warrant to be held on Tuesday, September 14, 2010 were presented to the Selectmen for execution.
Motion made by Selectman Taylor to execute the State Primary Election Warrant of Tuesday, September 14, 2010.
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
NEW BUSINESS:
Acceptance of Resignation – Cultural Council:
The Selectmen were in receipt of a letter of resignation from Eda Stepper from the Mashpee Cultural Council dated July 14, 2010 effective immediately.
Motion made by Selectman Taylor to accept the resignation of Eda Stepper from the Cultural Council 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
Execution of Order for Betterment Assessment – Bayridge Development – Simons Narrows Road, Spinnaker Drive, Yardarm Drive, Starboard Drive, Half Hitch Lane:
It was agreed the above referenced agenda topic would be deferred to the next meeting to incorporate minor amendments to the betterment assessment document.
Review of Draft #1 of the October 18, 2010 Town Meeting Warrant:
The Board of Selectmen conducted their first review of the October Town Meeting Warrant. The following modifications were incorporated into the August 5, 2010 document;
Article #1: To pay FY10 bills received after the close of the fiscal year.
Article #2: To reduce the FY 2011 operating budget that resulted from further reductions in State Aid. The line items to be removed and/or reduced will be reviewed at the next meeting.
Article#3: Stabilization Fund
Article #4: To see if the Town will vote to transfer $48,000 from the Health Insurance Account to the School Operating Budget Account.
Discussion followed with respect to budgetary constraints.
Motion made by Selectman Cahalane to remove Article #4 from the October Town Meeting Warrant.
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
Article#5: To transfer funds from the Interest Temporary Borrowing Inside 2 ½ Account to the Interest Temporary Borrowing Outside 2 ½ Account.
Article #6: To add a Circulation Assistant to the Mashpee Public Library effective November 1, 2010.
Article #7: To add a Reference Librarian to the Mashpee Public Library effective November 1, 2010.
The Selectmen agreed to communicate to the Library Board of Trustees with respect to Article #6 and Article #7 prior to the finalization of the warrant.
Article #8: Community Preservation Act Committee; Reserve of
FY2011 estimated revenues.
Article #9: To move the Town Election to the third Tuesday in May, at such place as determined by the Board of Selectmen.
Motion made by Selectman Richardson to remove Article #9 from the October Town Meeting Warrant.
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
Article #10: Town of Mashpee – Signs
It was agreed the article would be deferred to the May 2011 Town Meeting.
Motion made by Selectman Taylor to remove Article #10 from the October Town Meeting Warrant.
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
Article #11: To authorize the conversion of a private way to a public way; Cape Drive in the matter of public safety.
Article #12: To amend the Bylaw; Acceptance of Private Ways by Private Petition by adding a subsection. It was agreed the article would be deferred to the May Town Meeting.
Motion made by Selectman Cahalane to remove Article #12 from the October Town Meeting Warrant.
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
Article #13: To amend the Zoning Bylaw to grant the Selectmen the authority to allow certain undersized lots to be served by a private wastewater treatment facility, under terms set in a projects Special Permit, as public sewers are not currently available.
Article #14: To grant an easement to Comcast.
Article #15: Petition Article to layout the public ways of Bayshore Drive and Brookside Circle.
Article #16: Petition Article to amend the Zoning Bylaw to provide for reasonable privacy and landscape buffers between residences (except where attached zero-setback residences are allowed by the Board) and to make minor amendments to the subsection requiring the provision of affordable housing to clarify that more than one lot in ten may be set aside for affordable housing, and than an additional lot may be allowed for each such lot set aside for affordable housing.
LIAISION REPORTS:
Mashpee/Wakeby Lake Management:
With regards to public comment relative to the water levels and issues pertaining to the lake, it was noted the water levels have been released and are presently close to the recommended levels. The Harbormaster and Police Department are also aware of the matters previously addressed, and have increased monitoring and management to alleviate the residential concern. It was disclosed that many of the actions requested are being acted upon and public information would be readily available upon request.
EDIC:
Two vacancies exist in the area of real estate and industrial development.
Environmental Oversight Committee:
Two at-large vacancies exist.
Community Preservation Act Committee:
On at-large vacancy exists.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 8:08 p.m.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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