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July 20, 2009
AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 20, 2009


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

MINUTES

Approval of the following:

        Monday, July 6, 2009 Regular Session

APPOINTMENTS & HEARINGS

6:30    Public Comment
6:40    FEMA - Flood Insurance

                
COMMUNICATIONS & CORRESPONDENCE

OLD BUSINESS

1)      Solid Waste Disposal Update  

NEW BUSINESS
        
1)      Recommendation for Appointment – Barnstable County Assembly of Delegates Home Rule Charter Review Committee
2)      Review & Execution of Agreement between the Town of Mashpee and Barnstable County Sheriff’s Department – Fire Dispatch Center
3)      Request for Approval of Change Order #2 – Mashpee Public Library
4)      Joint Wastewater Management Planning Non-Binding Memorandum
5)      Acceptance of Resignation from Planning & Construction Committee
6)      Acceptance of Resignation from Street Light Committee
7)      Letter of Request to Fill 3-Year Term/Planning & Construction Committee
8)      Letter of Support for Cape Cod Health Center
9)      Formation of By Law Review Committee
10)     Formation of Sign By Law Review Committee

MMR ISSUES

ENVIRONMENTAL OVERSIGHT COMMITTEE


EXECUTIVE SESSION

Board of Selectmen
Minutes
July 20, 2009

Present:        Selectman Myers, Selectman Cook, Selectman Cahalane,
                Selectman Taylor, Selectman Richardson
                Joyce Mason Town Manager
                René Read Assistant Town Manager

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

                MINUTES:

                Monday, July 6, 2009 Regular Session:

Motion made by Selectman Cook to approve the Regular Session minutes of Monday, July 6, 2009 as presented.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

APPOINTMENTS AND HEARINGS:

Public Comment: None at this time.

NEW BUSINESS:

Joint Wastewater Management Planning Non-Binding Memorandum:

The Board of Selectmen met with the Town of Falmouth Wastewater Superintendent Jerry Potamis to discuss the potential for joint wastewater treatment facilities that could possibly be sited at the Massachusetts Military Reservation (MMR).  

Mr. Potamis explained the Town of Falmouth is nearing completion of its comprehensive wastewater management planning effort and would take the lead to formalize an appeal to military officials to locate such a facility at the MMR.  

The Selectmen were requested to consider the endorsement of a non-binding Memorandum of Understanding (MOU) that would be included in their communication to MMR as an indication of interest by the Upper Cape communities in exploring this option.  

The MOU is intended to initiate discussion among the parties concerning their respective roles, participation and responsibilities in pursuing mutually beneficial opportunities for constructing joint wastewater treatment facilities on the MMR to serve MMR and the contiguous communities of Falmouth, Mashpee, Sandwich and Bourne.

The MOU as it is written will not compromise the MMR military and homeland defense missions and the project will also remain consistent with the MMR business development plan.

It is anticipated the treatment plant would be operated by the Town of Falmouth and would not be a federal, state county or separate wastewater district.  

It was noted that Mashpee’s Sewer Commission representative Matt Berrelli has been attending meetings with the Town of Falmouth to discuss this approach.  The Mashpee Sewer Commission is expected to deliberate on this matter on Wednesday.

Motion made by Selectman Cook to approve and execute the Non-Binding Memorandum of Understanding for the purpose of discussing joint wastewater treatment facilities to be located on the MMR pending Town Counsel’s review and approval.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

                FEMA – Flood Insurance:

Tom Mayo Mashpee’s GIS Administrator was in attendance with representation from the Federal Emergency Management Agency (FEMA) to begin an outreach effort on the impact of the Digital Flood Insurance Rate Map (DFIRM) and Flood Insurance Study (FIS) report regarding the Town’s participation in the National Flood Insurance Program (NFIP).  Mashpee’s Building Inspector Richard Stevens was also present.

Flood Insurance Rate Maps show high risk areas where there is at least a 1% annual chance of flooding.  In these areas, flood insurance is required for mortgages from federally regulated lenders.  The maps also depict low or moderate risk areas where flood insurance is optional, but recommended.

Specific revisions to the flood zone areas summarized in the FIS report may result in an increase in the number of map panels in the Town.  It was explained that approximately 40 to 50 homes or businesses in Mashpee may be affected.  For liability purposes, there is no specific outreach to individual property owners.  As a general rule, homes within one mile of the coast would be affected by the revision.

For public awareness, the Selectmen agreed to adequately publicize the Digital Flood Insurance Rate Map and Flood Insurance Study.  Mr. Mayo indicated he is working on an Assessor’s map overlay for public viewing.

It was disclosed there is a National Flood Insurance Program (NFIP) grandfathering provision.  If a flood insurance policy is purchased before the new map takes effect, the grandfathering provision would offer a substantial cost savings to homeowners requiring flood insurance protection.  

OLD BUSINESS:

Solid Waste Disposal Update:

It was reported the subcommittee presently reviewing options for the disposal of solid waste is making significant progress in reviewing alternatives most beneficial for the Town of Mashpee.  The committee is presently conducting additional research and will submit a complete proposal to the Board of Selectmen in September.

NEW BUSINESS:

Recommendation for Appointment – Barnstable County Assembly of Delegates Home Rule Charter Review Committee:

Correspondence was received from Ed Larkin dated July 7, 2009 requesting consideration for appointment to the Barnstable County Home Rule Charter Review Committee.  Mr. Larkin was the past chair of the Mashpee Charter Commission which was successfully passed in 2004.

The Committee will determine if any amendments or revisions to the Charter and Ordinances are necessary and will make a report, with recommendations, to the Assembly of Delegates within ten months from when the committee is established.

Motion made by Selectman Cahalane to appoint Ed Larkin to the Barnstable County Assembly of Delegates Home Rule Charter Review Committee.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

NEW BUSINESS:

Review & Execution of Agreement between the Town of Mashpee and Barnstable County Sheriff’s Department – Fire Dispatch Center:

The Board of Selectmen reviewed the agreement to describe the mutual responsibilities of the Barnstable County Sheriff’s Department and the Town of Mashpee for the cooperative operation of a primary fire department dispatch system from July 1, 2009 through June 30, 2010.  The base fee is $20,000 plus $17.00 per call based on calendar year 2008 calls.

Motion made by Selectman Cook to execute the Agreement between the Town of Mashpee and Barnstable County Sheriff’s Department for Conditions and Operating Policies for the Operation of a Fire Dispatch Center for the Town of Mashpee by the Sheriff’s Department.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

Request for Approval of Change Order #2 – Mashpee Public Library:

Change Order #2 associated to the construction of the new Mashpee Library was presented to the Selectmen for approval.  It was noted the change order as dated June 23, 2009 was reviewed and approved by the Planning & Construction Committee.

Motion made by Selectman Cahalane to approve Change Order #2 in the amount of $30,066 as referenced.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Acceptance of Resignation – Planning & Construction Committee:

The Selectmen were in receipt of a resignation from Kevin Shackett from the Planning & Construction Committee dated June 29, 2009 due to his recent appointment as an elected official to the Housing Authority.

Motion made by Selectman Cook to accept the resignation of Kevin Shackett from the Planning & Construction Committee with extreme regret.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

It was agreed a letter or certificate of appreciation would be forwarded to Mr. Shackett for his dedicated service to the Town of Mashpee.

Acceptance of Resignation from Street Light Committee:

Correspondence was received from Robert Jutstrom dated June 29, 2009 retiring from the Street Light Committee.

Motion made by Selectman Cahalane to approve the resignation of Robert Jutstrom from the Street Light Committee with regret.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

The Selectmen also requested a letter or certificate of appreciation be issued to Mr. Jutstrom for his service to the Town of Mashpee.

Letter of Request to Fill 3-Year Term/Planning & Construction Committee:

Planning & Construction Committee member Joseph Brait remitted correspondence to the Selectmen dated July 8, 2009 requesting consideration for appointment to the 3-year term vacancy.  Mr. Brait currently serves the committee on an annual reappointment basis.

Motion made by Selectman Cahalane to appoint Joseph Brait to the Planning & Construction Committee to fill the 3-year term vacancy.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

                Letter of Support for Cape Cod Health Center:

A draft letter of support for the Cape Cod Health Center expansion was presented to the Board from Karen Bissonnette Chief Development Officer of the Community Health Center of Cape Cod dated July 15, 2009.

The Selectmen agreed to review the document for spelling errors and modify the first sentence in paragraph 3 by using the wording; As Chief Elected Officers of the Town of Mashpee, we welcome the proposed Mashpee Expansion project that will increase the Health Center’s physical capacity by more than 25 percent.

Motion made by Selectman Cahalane to approve the amended draft letter of support for the Cape Cod Health Center expansion project.
Motion seconded by Selectman Cook.  
                VOTE:  Unanimous.  5-0.

                Formation of By Law Review Committee:

                Correspondence was received from the Town Clerk dated July 8, 2009      
regarding the formation of the By-Law Review Committee.  The Board of Selectmen shall at five year intervals, in each year ending in five, or in zero, cause to be prepared by a special committee appointed for that purpose, a proposed revision or re-codification of all by-laws of the Town which shall be presented to the Town Meeting for reenactment at the annual Town Meeting in the year following the year in which the said committee is appointed.

The By-Law review committee shall consist of the Town Clerk, 2 voters appointed by the Town Moderator, and 2 persons appointed by the Board of Selectmen.

The Selectmen agreed to duly advertise the respective vacancies to be appointed by the Board of Selectmen.

Formation of Sign By-Law Review Committee:

The Selectmen agreed to form a seven member Sign By-Law Review Committee.  The subcommittee shall consist of representation from the following; the Town Manager, a Selectmen representative, Planning Board member, the Building Inspector, a Design Review Committee member and two members-at-large.  It was noted the sign by-law has not been modified since 2007.

Motion made by Selectman Cook to approve the formation of a Sign By-Law Review Committee as referenced and hold any action against any illegal existing signage.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

The new subcommittee is also expected to review the Town’s temporary sign placement policy.

Adjournment:

Motion made by Selectman Cook to adjourn at 7:08 p.m.
The Board will enter into Executive Session for the purpose of discussing contract negotiations.  The Board will not resume in 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

Three members of the Mashpee Cable & Advanced Technology Board opened their meeting and then adjourned to enter into Executive Session with the Board of Selectmen.

MCAT Roll Call Vote:  Unanimous.  3-0.  Opposed, none.

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen