AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 6, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, June 22, 2009 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Application for Entertainment License - Heather
Change of Corporate Name – H&M LLC to Simmer LLC
Change of d/b/a from Heather to Simmer
7:00 MMR - Update
7:15 Sewer Commission – Status Report
COMMUNICATIONS & CORRESPONDENCE
1) Cape Care Coalition Trust Bill and Petition to the Secretary of State to Establish Bill
OLD BUSINESS
1) Membership Application – Cape & Vineyard Electric Cooperative, Inc.
NEW BUSINESS
1) Recommendation for Appointment – Conservation Commission
2) Review & Execution of Contract – Asher’s Path Landfill – Weston & Sampson
3) Review & Execution – Land Disposition Agreement – Habitat for Humanity
4) Request to Comcast – Extension of Review Period for Cable Contract
5) Corrections to Annual Reappointments
6) Ratification of Year-End Transfer – From DPW Salary to Building & Grounds
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 6, 2009
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, June 22, 2009 Regular & Executive Sessions:
The minutes were amended as follows;
Page 3 under School Committee Vacancy, second sentence to read:
The Selectmen liaisons expect to attend the interviews for possible candidates to fill the School Committee vacancy.
Page 5 second sentence in fourth paragraph to read:
The project developer, Anthony LaCava maintains ownership of the subject roads.
Motion made by Selectman Cahalane to approve the minutes of Monday, June 22, 2009 as amended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS AND CORRESPONDENCE:
Cape Care Coalition Trust Bill and Petition to the Secretary of State to Establish Bill:
For informational purposes, the Selectmen reviewed correspondence from the Cape Care Coalition dated June 18, 2009 relative to the Cape Care Health Trust Bill and the petition to the Secretary of State for the establishment of the bill.
In January 2009, the Cape Care Health Trust Bill was introduced to the State Legislature by Representative Patrick and Senator O’Leary, with co-sponsorship from the majority of the Cape delegation.
It was noted in 2006 several Cape towns adopted a Resolution in support of further exploring the Cape Care Universal Health Care Proposal. The Selectmen inquired as to the reason for the adoption of such a Resolution, and if the Town of Mashpee should consider their support. It was agreed the matter would be further reviewed and discussed as a future agenda topic.
OLD BUSINESS:
Membership Application – Cape & Vineyard Electric Cooperative, Inc.:
The Board of Selectmen reviewed the Cape & Vineyard Electric Cooperative, Inc. Membership Application dated August 11, 2008. Discussion followed with regards to the contractual commitments of joining the Co-op. It was noted that Members pay an initial fee of $25 upon joining the Co-op.
Motion made by Selectman Cahalane to execute the Membership Application with Cape & Vineyard Electric Cooperative, Inc. dated August 11, 2008.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Selectman Michael Richardson agreed to serve as the Town of Mashpee’s respective member.
NEW BUSINESS:
Recommendation for Appointment – Conservation Commission:
Correspondence was received from the Conservation Commission dated July 2, 2009 recommending the appointment of Mark Gurnee to the full time position of Conservation Commissioner. Mr. Gurnee is presently an Associate Commissioner.
Motion made by Selectman Cook to appoint Mark Gurnee as a full time Conservation Commission member for a three year term to expire June 30, 2012.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
It was agreed the Associate Conservation Commission member vacancy would be duly advertised.
APPOINTMENTS AND HEARINGS:
Public Hearing – Application for Entertainment License – Heather:
Change of Corporate Name – H & M LLC to Simmer LLC:
Change of d/b/a from Heather to Simmer:
The Board of Selectmen opened the Public Hearing on the application of H&M LLC, d/b/a Heather, Scot McNeil, Manager, 20 Joy Street for an Entertainment License to include Live Music Outside, and the Change of Corporate Name from H&M, LLC to Simmer LLC and a Change of d/b/a from Heather to Simmer for use at 20 Joy Street, Mashpee.
The Hearing notice was read aloud in accordance with posting requirements. Scott McNeil was in attendance to discuss the license application with the Board of Selectmen. It was noted the requirement for the applicant to apply for a Business Certificate with the Town Clerk listing the new d/b/a has been filed and a copy was submitted to the Board of Selectmen’s Office.
There was no public comment.
Motion made by Selectman Cook to approve the Change of Corporate Name from H&M LLC to Simmer LLC and Change of d/b/a from Heather to Simmer for use at 20 Joy Street, Mashpee, MA.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Discussion followed regarding the application for an Entertainment License at the subject establishment. As stipulated, there is no dancing and no shows. There are no video games. Live music would consist of a 2 piece band and/or steel drums held on the outside terrace on Thursdays and Sundays from 5:00 p.m. to 8:00 p.m. Alcohol is intended to be served outside without dinner during the stipulated days and time frame.
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 Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to approve the Entertainment application of Simmer LLC, 20 Joy Street Mashpee as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Review & Execution of Contract – Asher’s Path Landfill – Weston & Sampson:
The Town was in receipt of a scope and budget for Landfill Environmental Monitoring services during fiscal year 2010 for the Asher’s Path Landfill dated June 10, 2009. Monitoring services are estimated to cost $15,150. The price quotation is equal to last year’s environmental monitoring proposal.
Motion made by Selectman Cook to approve and execute the contract between the Town of Mashpee and Weston & Sampson for the Asher’s Path Landfill.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Review & Execution – Land Disposition Agreement – Habitat for Humanity:
Correspondence was received from Habitat for Humanity dated June 22, 2009 relative to the development and construction of three affordable homes in the Town of Mashpee located at 67 Fox Hill Road, 19 Lakewood Drive and 38 – 44 Timberlane Drive.
Town Meeting action in May of 2008 authorized the Town to enter into agreement with a non-profit builder of affordable housing. Habitat for Humanity was the selected developer. As part of the site acquisition and pre-permitting process a Land Disposition Agreement was presented to the Selectmen for review and execution. Habitat has also requested the Selectmen waive all Town fees associated to the project.
Motion made by Selectman Cahalane to approve and execute the Land Disposition Agreement as presented and waive all Town fees in normal process for the affordable Mashpee homes.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Habitat for Humanity representative Donald Dickinson indicated the housing would be counted within the Town’s subsidized housing inventory. To date, twelve Habitat for Humanity homes have been built in the Town of Mashpee. The new homes when built will increase the inventory to fifteen.
Request to Comcast – Extension of Review Period for Cable Contract:
The Town of Mashpee and Comcast are currently negotiating the terms and conditions of a new renewal license that would allow Comcast to continue its operations in the Town. The current renewal license expires on November 29, 2009.
A draft letter from the Town of Mashpee to Comcast was presented to the Selectmen for review. The agreement as presented in the draft extends the contract until midnight on November 10, 2009.
Motion made by Selectman Taylor to extend the time period provided in 47 U.S.C. §546©(1) between the Town and Comcast until midnight on November 10, 2009.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The Selectmen requested a full update on this matter at the next scheduled meeting on July 20, 2009. The issue will be discussed by the Board in Executive Session.
Corrections to Annual Reappointments:
Upon review of the annual reappointments of June 22, 2009, the following corrections were revealed in a memorandum to the Selectmen dated July 2, 2009.
Robert Anderson resigned from the Conservation Commission previously and should not be reappointed,
Reappointment of Wayne Picard and Marian Spencer to the Historic District Commission should have an expiration date of June 30, 2012 (3-year appointment) and,
Elinor Glener should be reappointed to the Human Services Committee for a term to expire June 30, 2010.
Motion made by Selectman Cook to approve the above referenced corrections to the Annual Reappointments as listed and submitted in the memorandum of June 22, 2009.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
The referenced memorandum dated June 22, 2009 also requested the Selectmen appoint a representative to the Environmental Oversight Committee to serve as Alternate Selectman Member for a term to expire June 30, 2010.
Motion made by Selectman Cook to appoint Selectman John Cahalane to the Environmental Oversight Committee to serve as an Alternate Member for a term to expire June 30, 2010.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Ratification of Year-End Transfer – From DPW Salary to Building & Grounds:
The Selectmen were requested to approve an End of Year appropriation transfer of $5,000 from the DPW Salary/Wage Account to the Building & Grounds Expense Account as dated June 25, 2009. It was noted the document has been endorsed by the Finance Committee.
Motion made by Selectman Cook to ratify the Year-End Transfer of $5,000 from the DPW Salary/Wage Account to the Buildings & Grounds Expense Account effective June 25, 2009.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
MMR Update:
Captain Dan Abel Commanding Officer of Air Station Cape Cod was in attendance with Linda Wadsworth Community Outreach Coordinator of the National Guard to discuss the MMR today with members of the Board of Selectmen.
The MMR is home to five military commands, including the Massachusetts Army National Guard at Camp Edwards; the Massachusetts Air National Guard at Otis Air National Guard Base; the 23rd Combat Communications Group, also at Otis Air National Guard Base; the 6th Space Warning Squadron phased array radar site at Cape Cod Air Force Station; and the U.S. Coast Guard at Air Station Cape Cod. These military commands work to protect the land, seas, and air of the northeastern United States. In addition, many military units and service members who work and train at the MMR are participating in missions around the world.
Captain Abel indicated that Air Station Cape Cod is the only Coast Guard Aviation facility in the northeast. Members of Air Station Cape Cod perform a variety of missions including search and rescue, homeland security, fisheries law enforcement, aids to navigation, marine safety and marine environmental protection. Over 300 active duty and civilian personnel work at Air Station Cape Cod.
Ms. Wadsworth indicated that seventeen possible sites are being reviewed at the MMR a site consisting of 22, 000 acres for the placement of wind turbines. The feasibility of each site will be reviewed in accordance with Federal Aviation Administration (FAA) and Air Force Space Command requirements. The goal of this initiative is to increase energy independence and support the President’s and Governor’s renewable energy goals for Massachusetts.
Questions regarding the MMR wind turbine initiative can be found at the National Guard Environmental & Readiness Center website www.mmr-pao@us.army.mil. Updated information will be posted at www.eandrc.org or by calling
508-968-5152.
MMR representative Christine Curley discussed the Impact Area Groundwater Study Program as it relates to the BA-4 Disposal Area No Further Action Decision Document. The proposed No Further Action Decision was selected in accordance with Section 141(a) of the Safe Drinking Water Act and includes consideration of the cleanup standards as set forth under Massachusetts General Laws. It was also announced the Mass DEP has proposed that no further remedial action is necessary at the BA-4 Disposal Area to protect public health, safety, welfare and the environment.
The public comment on the BA-4 Disposal Area No Further Action Decision Document will be held from June 17 through July 17, 2009. It is available for review on the EPA website: www.epa.gov/ne/mmr. Related documents are available at www.groundwaterprogram.army.mil. Comments can be submitted by fax to: 617-918-0028, by email to murphy.jim@epa.gov or by mail to Jim Murphy EPA One Congress Street, 11th Floor Boston, MA 02114.
Sewer Commission - Status Report:
Sewer Commission members Tom Fudala and Matt Berrelli were in attendance to update the Selectmen on the Watershed Nitrogen Management Plan status. The Plan is intended to determine the most appropriate and cost-effective means to address the nitrogen overload problem.
Stearns & Wheler, an engineering firm and the School of Marine Science & Technology at UMass Dartmouth have been working to develop the Plan since 2001. In June of 2007 additional work has been contracted with Lombardo Associates relative to the potential use of their Nitrex technology as part of the facilities plan.
Three major portions of the study completed by Stearns & Wheler include a Needs Assessment Report, a Technology Screening Report and a Draft Alternative Scenarios Analysis and Site Evaluation Report. The Draft Alternative Scenarios Analysis and Site Evaluation Report prepared in March of 2008 describes four alternative scenarios for the development of wastewater facilities to meet the nitrogen loading targets established by the DEP and EPA for Popponesset and Waquoit Bays.
The scenarios include the following;
1) developing wastewater collection and treatment facilities for those parts of the study area not served or proposed to be served by existing private wastewater treatment plants (WWTPs)
2) utilizing a number of the existing private WWTPs as the basis for a municipal system through the expansion of those facilities and their collection systems
3) developing sewer systems for each of the four towns in the study area separately, with no inter-municipal cooperation and
4) closing down the existing private treatment plants and developing a large traditional centralized municipal sewer system to serve the entire project area, including parts of the adjacent towns through inter-municipal agreements.
5) The fifth scenario, the July 2008 Nitrex Technology Scenario Plan prepared by Lombardo Associates is based on 16 neighborhood cluster systems utilizing Nitrex systems.
The scenarios have been forwarded to UMass Dartmouth for analysis. The Town is expected to receive the modeling results in 30 to 60 days.
It was agreed the Sewer Commission would update the Selectmen on the results by the end of September.
It was noted that Mashpee participated in an EPA funded study with the Towns of Barnstable and Sandwich. A report entitled “Inter-municipal Watershed Planning and TMDL Implementation to Restore Embayment Water Quality on Cape Cod; Three Case Studies of Towns Sharing Coastal Watersheds” was published in November 2008.
Representation from the Mashpee Sewer Commission is also attending meetings with the Town of Falmouth to discuss the approach of developing a regionalized system at the MMR.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 8:00 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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