AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 17, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, July 20, 2009 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 School Committee – Joint Appointment
7:00 Mashpee Wampanoag Tribal Judiciary Committee Presentation
COMMUNICATIONS & CORRESPONDENCE
1) Draft #1 – October Town Meeting Warrant
OLD BUSINESS
1) Energy Staff Committee Update
NEW BUSINESS
1) Mashpee Permanent Firefighters Association – Charity Road Race
2) Acceptance of Resignation – Waterways Commission
3) Correspondence from Waterways Commission – Waterways Access
4) Execution of Bond Anticipation Note – Library Project
5) Recommendation for Bid Acceptance – RFID System for Mashpee Library
6) Request for Approval of Change Order #3 – Mashpee Public Library
7) Letter of Interest – Recycling Committee
8) Acceptance of Resignation – Human Services Committee
9) Recommendation for Appointment – Human Services Committee
10) Recommendation for Appointments – Sign Bylaw Review Committee
11) Recommendation for Appointment – Special Events Committee
12) Amendment of Policy #037 – Temporary Sign Placement
13) Board of Selectmen Policy #052 – Fuel Efficient Fleet Policy
14) New Local Meals Excise and Amended Local Room Occupancy Excise Rate
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 17, 2009
Present: Selectman Myers, Selectman Cook,
Selectman Cahalane, Selectman Richardson
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Taylor
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
Due to technical difficulties, the meeting was not taped.
MINUTES:
Monday, July 20, 2009 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular
and Executive Session minutes of Monday, July 20, 2009 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Execution of Bond Anticipation Note – Library Project:
David Leary, the Treasurer/Tax Collector was in attendance to review with the Board of Selectmen, the certification of a vote that would be taken on this date for the General Obligation Bond Anticipation Note associate to the new Library project. Selectman John Cahalane, Clerk of the Board of Selectmen read aloud the certification and vote that was unanimously approved in public session.
Motion made by Selectman Cook to approve and execute the General Obligation Bond Anticipation Note on this date August 17, 2009.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
The vote of the Board of Selectmen is attached to the official minutes.
VOTE OF THE BOARD OF SELECTMEN
I, the Clerk of the Board of Selectmen of the Town of Mashpee, Massachusetts, certify that at a meeting of the board held August 17, 2009, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the board in my custody:
Voted: to approve the sale of a $5,500,000 1.25% percent General Obligation Bond Anticipation Note (the “Note”) of the town dated September 4, 2009, and payable September~3, 2010, to Jefferies & Co., Inc. at par and accrued interest, plus a premium of $36,411.
Further Voted: that in connection with the marketing and sale of the Note, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated August 7, 2009, and a final Official Statement dated August 13, 2009, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further Voted: that the consent to the financial advisor bidding for the Note, as executed prior to the bidding for the Note, is hereby confirmed.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a material events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Note for the benefit of the holders of the Note from time to time.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Note were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L. c.39, s.23B as amended.
Dated: August 17, 2009 _______________________________
Clerk of the Board of Selectmen
Board of Selectmen
Minutes
August 17, 2009
NEW BUSINESS:
Mashpee Permanent Firefighters Association – Charity Road Race:
Correspondence was received from Kellen Daly dated July 17, 2009 requesting the Selectmen sponsor the second annual Mashpee Permanent Firefighter’s Association road race that would benefit a local charity. The race is scheduled to be held on October 31st, 2009 starting and ending in Popponesset at the Marketplace Raw Bar, Rock Landing Road. The start of the two-hour race identical to last year’s route is approximately 11:30 a.m.
An estimated 300 runners will participate in the fundraising event that will benefit a terminally ill Mashpee Firefighter/Paramedic and his family. Mashpee Police detail will provide traffic safety, and firefighters and volunteers will staff the route and clear any debris following the race.
Motion made by Selectman Cook to approve the request of the Mashpee Permanent Firefighter’s Association to hold a charity road race within the Town of Mashpee on October 31, 2009 as defined.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Acceptance of Resignation – Waterways Commission:
The Selectmen were in receipt of a resignation from Jerry Daly from the Mashpee Waterways Commission dated July 31, 2009 effective immediately. Mr. Daly served on the Waterways Commission for the past eleven years.
Motion made by Selectman Cook to accept the resignation of Jerry Daly from the Waterways Commission with regret.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Correspondence from Waterways Commission – Waterways Access:
Ken Bates, Chair of the Waterways Commission remitted a memorandum to the Selectmen dated July 16, 2009 seeking advice and input from various Town agencies to assist with the update of Town and State owned public access locations within the boundaries of the Town of Mashpee. The Waterways Commission in an attempt to compile such a list has requested insight from the Board of Selectmen, the Conservation Department, the Harbormaster and Town Planner.
The Selectmen were receptive of the concept and agreed to forward the communication to the referenced departments for input.
APPOINTMENTS AND HEARINGS:
School Committee – Joint Appointment:
The Board of Selectmen met in joint convention with members of the School Committee for the purpose of filing a vacancy created by the resignation of School Committee member Ralph Marcelli. The School Committee called their meeting to order. In attendance was MaryRose Grady, Richard Bailey, Kathy Stanley and Janice Mills. Ann Bradshaw, Superintendent of Schools was also present.
Four well-qualified candidates submitted a letter of interest in response to advertisement seeking representation for the one-year term. All candidates were interviewed by the School Committee. Selectman Myers and Selectman Cook also participated in discussions. Upon due diligence, José Franco was the recommended candidate for appointment.
Motion made by Mr. Bailey to appoint José Franco to the School Committee.
Motion seconded by Mrs. Mills.
Roll Call Vote:
Mrs. Grady, aye Mrs. Stanley, aye
Mrs. Mills, aye Mr. Bailey, aye
Selectman Richardson, aye Selectman Cook, aye
Selectman Cahalane, aye Selectman Myers, aye
VOTE: Unanimous. 8-0. Opposed, none
The School Committee adjourned their meeting.
OLD BUSINESS:
Energy Staff Committee Update:
The above referenced agenda topic was deferred at this time.
NEW BUSINESS:
Recommendation for Bid Acceptance – RFID System for Mashpee Library.
Steve Cook, Chair of the Planning & Construction Committee remitted correspondence to the Board dated August 7, 2009 recommending the Town award the RFID Book Management System for the Mashpee Public Library to 3M. The total amount of the base contract bid is $49,182.
In response to the Request for Proposals, (1) bid was received. The base bid was approved by the Owner’s Project Manager for the Town of Mashpee without an add-on alternate bid for 3 years of maintenance. If maintenance is required, it was agreed this function would be supported within the operating budget of the Mashpee Library.
Motion made by Selectman Cook to accept the bid from 3M for the RFID Book Management System for the Mashpee Library in the amount of $49,182.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Request for Change Order #3 – Mashpee Public Library:
The Selectmen reviewed Change Order #3 in the amount of $5,355 relative to the Mashpee Public Library building project. The additional work order dated August 5, 2009 pertains to CAD labor associated with MEP coordination and lower window openings in the second floor.
Motion made by Selectman Cook to approve Mashpee Library Change Order #3 as defined.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Letter of Interest – Recycling Committee:
A letter of interest was received from Shelly Gilbert dated July 31, 2009 to serve on the Recycling Committee. Ms. Gilbert is a member of the Planning & Construction Committee and has been active in implementing recycling programs and other recycling activities.
Motion made by Selectman Cahalane to appoint Shelly Gilbert to the Recycling Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Acceptance of Resignation – Human Services Committee:
Kevin Terrill submitted a letter of resignation to the Selectmen dated August 11, 2009 resigning from the Human Services Committee.
Motion made by Selectman Cook to accept the resignation of Kevin Terrill from the Human Services Committee with regret.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Human Services Committee:
Correspondence was received from Gail Wilson, the Human Service Coordinator recommending the appointment of Ruth Elias to the Human Services Committee. A letter of interest was received from Ms. Elias dated July 8, 2009 requesting appointment. Ms. Elias has previous professional experience in Human Services.
Motion made by Selectman Cook to appoint Ruth Elias to the Human Services Committee to fill the vacancy created by Kevin Terrill.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Recommendation for Appointments – Sign Bylaw Review Committee:
Pursuant to the Selectmen’s action of July 20, 2009 to establish a Sign Bylaw Review Committee, the Board considered the appointment of three individuals expressing interest in reviewing the current sign bylaws and preparing proposed revisions and/or amendments if deemed necessary.
It was noted the seven member committee consists of representation from the Board of Selectmen (Selectman Wayne Taylor), representation from the Planning Board (Tom O’Hara), representation from the Design Review Committee (Walter Yarosh), the Building Commissioner (Richard Stevens) and (3) members-at-large.
Motion made by Selectman Cook to appoint John Renz, Bryan Anderson and Richard Halpern to the Sign Bylaw Review Committee as Members-At-Large.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Special Events Committee:
The Selectmen reviewed the letter of interest received from Sheena Steiner dated June 12, 2009 for appointment to the Special Events Committee. Ms. Steiner’s professional experience encompasses event planning and coordination including public relations. Correspondence was received from the Recreation Director recommending her appointment.
Motion made by Selectman Cook to appoint Sheena Steiner to the Special Events Committee.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Amendment of Policy #037 – Temporary Sign Placement:
Due to safety concerns and the increased number of sign requests creating sign pollution, the Town Manager requested the Selectmen review Policy No. 037, the Temporary Sign Placement Policy of the Town adopted on June 29, 2000 and amended on August 18, 2003.
In concern, Mrs. Mason requested the Selectmen strongly consider prohibiting signs from the Mashpee Rotary. Upon discussion, the Selectmen took the following action.
Motion made by Selectman Richardson to amend Policy No. 37;
All Signage at the Mashpee Rotary shall be Prohibited.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Board of Selectmen Policy #052 – Fuel Efficient Fleet Policy:
A new policy, No. 052 relative to fuel efficient fleet vehicles was presented to the Selectmen for adoption.
Motion made by Selectman Cook to adopt Policy No. 052, the new Fuel Efficient Fleet Policy.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Fuel Efficient Fleet Policy:
In an effort to promote responsible and efficient energy use by the Town of Mashpee and to achieve consistency with the Green Communities Act, the Town has adopted the following policy;
The Town of Mashpee shall purchase fuel efficient vehicles to the maximum extent feasible and consistent with the ability of such vehicles to perform their intended functions as defined by the Green Communities Act.
Adopted August 17, 2009
APPOINTMENTS AND HEARINGS:
Mashpee Wampanoag Tribal Judiciary Committee Presentation:
Vivian Bussiere, Chair of the Mashpee Wampanoag Elders Judiciary Committee was in attendance with members of the Judiciary Committee to discuss the Tribe’s court system and Judiciary committee with members of the Board of Selectmen. It was disclosed the presentation of the Judicial Ordinance maintains compliance with the Tribe’s TCAP Grant.
The purpose of the ordinance includes: exerting jurisdiction, establishing a court system which provides for fair and impartial hearings, and to insure the inherent sovereignty of the Mashpee Wampanoag Tribe.
The Mashpee Wampanoag Tribal Judiciary will be established through the appointment of three judges to the Tribal Supreme Court by the Tribal Council. The Tribal Judiciary shall consist of a Tribal Supreme Court, A District Court, a Peacemaker Court, and such lower courts and offices as may later be established.
Ms. Bussiere indicated the three Tribal judiciaries have been interviewed by the Elder’s Judiciary Committee and are appointed by the Tribal Council. The judges are expected to be sworn in on August 24, 2009.
Honorable members of the Board of Selectmen were requested to show their support for the establishment of a Tribal Judiciary by signing their official book. The Fire Chief and Chief of Police will also be requested to endorse the proposal. Such support will assist the Tribe in requests for federal grant funding.
It was agreed that an open and constructive dialogue be maintained. The Town Manager suggested a subcommittee be formed to allow for input from applicable Town Departments. In the future, an advisory board may be formed to support the endeavor of both communities working together.
New Local Meals Excise and Amended Local Room Occupancy Excise Rate:
The Selectmen briefly discussed the FY2010 State budget regarding local option excise taxes on restaurant meals and room occupancies. The FY 10 State budget adds a new local option excise of .75% on sales of restaurant meals originating within the municipality and increases the maximum rate of the existing local option room occupancy excise from 4% to 6% (4.5% to 6.5% for Boston).
Currently, meals are subject to the State sales tax rate of 6.25%. The local option if adopted would increase the tax to 7%. The room occupancy tax rate is presently 9.7% in all Cape and Island towns; 5.7% goes to the State, the remaining 4% is returned to the towns. With the new option, municipalities have the ability to add 1or 2 percentage points for a total room occupancy tax as high as 11.7%.
Local excises become operative if they are accepted by a city or town.
The Board of Selectmen agreed to take the matter under advisement and consider the option in the spring at the May Town Meeting.
COMMUNICATIONS AND CORRESPONDENCE:
Draft #1 – October Town Meeting Warrant:
The Board of Selectmen reviewed Draft #1 of the October 19, 2009 Annual Town Meeting Warrant. The Selectmen have scheduled a joint meeting with the Finance Committee on Monday, August 31, 2009 to finalize recommendations for the October warrant. To adhere to the bylaw pertaining to the 30 day advertisement requirement, the warrant must be finalized by the Selectmen on or before their September 14, 2009 meeting.
Due to reductions in State aid, the Town Manager announced that presently, there is a FY2011 budget shortfall of $347,000 which may affect collective bargaining.
The Selectmen conducted an initial review of the warrant and made the following amendments;
To create two new positions: To add a full-time Reference Librarian and a Circulation Assistant to the Children’s Department of the Mashpee Library. Upon discussion, the Selectmen voted as follows;
Motion made by Selectman Cook to remove in the FY2011 budget process, the article to create two new Library positions.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Fire Chief George Baker was in attendance and requested the article to provide funding to equip four new paramedic firefighters be withdrawn at this time. Chief Baker is presently seeking grant funding for this initiative. The Selectmen agreed to withdraw the referenced article.
$100,000 for the Maintenance Dredging of the Popponesset Bay navigation channel and to complete the required permit work. Funding exists within the Waterways Improvement Account. At the next meeting, the language of the article will be correctly identified regarding the intended transfer.
Community Preservation Committee – To reauthorize a previous approval at the May 1, 2007 Town Meeting for the Mills Family Lands at Santuit Pond. It was noted that a formal request to place the article on the warrant has not been received by the CPC Committee to authorize the resubmission.
Motion made by Selectman Cook to remove the CPC Article as referenced from the October warrant.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
The Selectmen agreed to request that Planning Board representation attend the next meeting to further discuss and review their article submissions.
The remainder of the warrant contains Petition Articles, which are articles submitted by petition. For clarification, petition articles are not proposed by the Board of Selectmen.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:31 p.m. The Board will enter into Executive Session for the purpose of discussing cable negotiations, contract negotiations and collective bargaining. The Board will not resume in Open Session.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Myers, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Taylor, absent
Selectman Richardson, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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