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October 5, 2009
AGENDA
BOARD OF SELECTMEN
MONDAY, OCTOBER 5, 2009

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

MINUTES
Approval of the following:
                Monday, September 14, 2009 Regular and Executive Sessions

APPOINTMENTS & HEARINGS

6:30    Town Clerk Recognition
        Public Comment
6:45    Energy Committee Update
        Wind Turbine Feasibility Study
        RFP Senior Center Solar Project
7:00    Catherine Laurent –
        Regional Negotiations for Mashpee Solid Waste Disposal
        Wildfire Prevention – Mashpee River Woodlands
        Great Neck Road North Status Report

COMMUNICATIONS & CORRESPONDENCE

1)      Mashpee Reads Campaign
2)      Conservation Commission Mailing – Fresh Water Docks and Piers
3)      Planning Department - Local Comprehensive Plan Update
4)      Selectmen’s Meeting Calendar

OLD BUSINESS

1)      Review & Execution of Conservation Restriction – New Seabury #5

NEW BUSINESS
        
1)      Solid Waste Subcommittee – Single Stream Recycling
2)      Library Time Capsule
3)      Road Betterment Abatement Application
4)      Habitat for Humanity – Letter of Support for Local Initiative Project
5)      Proclamation – United Nations Day
6)      Mashpee Housing Authority: Quitclaim Deed – 570 Old Barnstable Road
MMR ISSUES

ENVIRONMENTAL OVERSIGHT COMMITTEE

EXECUTIVE SESSION


Board of Selectmen
Minutes
October 5, 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, September 14, 2009 Regular & Executive Sessions:

                Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, September 14, 2009 as presented.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

APPOINTMENTS & HEARINGS:

Public Comment:

Comments from Peter White recognized the Town Clerk for her accomplishments.  Mr. White in support of renewable energy projects also suggested the Town form a public energy committee.  He urged citizens to get involved in Town government.

Town Clerk Recognition:

The Board of Selectmen publicly recognized Deborah Dami, Town Clerk of the Town of Mashpee for achieving the designation of MMC.  Although Mrs. Dami was not in attendance, the Selectman personally congratulated her for this significant accomplishment.  A letter received from the International Institute of Municipal Clerks dated August 27, 2009 regarding Mrs. Dami’s designation was read aloud into the record.  The IIMC grants the MMC designation only to those municipal clerks who complete demanding education requirements, and to those who have a record of significant contributions to their local government, their community and state.

                APPOINTMENTS AND HEARINGS:

                Energy Committee Update:
                Wind Turbine Feasibility Study:

Tom Mayo, the GIS Administrator was in attendance to update the Selectmen on the status of renewable and other energy projects being considered by the Town’s Energy Committee. Catherine Laurent, the Director of Public Works was also present for discussion purposes.

Policy No. 15, the Town Energy and Resource Conservation Policy was presented to the Selectmen for adoption.  It was noted the policy is consistent with the Mashpee School Committee energy policy.

Motion made by Selectman Cook to adopt Policy No. 15, the Town Energy Resource Conservation Policy.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Through a Massachusetts Technology Collaborative grant, the Town evaluated eight locations identified in Mashpee for a wind turbine.  Due to FAA regulations restricting heights to less than 250’, six sites were deemed unfeasible.  Based on height locations and public support it was recommended the Town select a site at South Cape Beach or consider the Mashpee High School site for a large scale turbine.  Upon discussion, the Selectmen agreed to support the Mashpee High School site location with a maximum structure height of 319’ above ground level.  Although the feasibility study is presently funded for one site, the Board suggested that two wind turbines be considered at the Mashpee High School location to obtain the maximum benefit of renewable energy.

With the Selectmen’s approval, Weston & Sampson would proceed with the electrical connection feasibility, shadow flicker, photo simulations and noise impact modeling studies at the Mashpee High School site.

Motion made by Selectman Cahalane to dedicate the remaining focus of the Wind Turbine to the preferred Mashpee High School site location.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

                Energy Committee Update:  RFP Senior Center Solar Project:

With respect to the discussion relative to solar projects at Town buildings, Selectman Cook excused herself by stepping down for the discussion.

A draft RFP has been prepared requesting bids for the turnkey procurement and installation of a solar photovoltaic system on the roof of both the Mashpee Town Hall and the Mashpee Senior Center.

The minimum PV nameplate capacity and annual production of the system to be installed at the Town Hall is 65 kW and 15 kW at the Senior Center.  In accordance with the RFP specifications, the Town would enter into a Power Purchase Agreement (PPA) for a term to be determined by the Bidder for which no capital expenditure by the Town is required.  During the duration of the PPA, the Bidder shall install, operate and maintain the systems.  The Town shall purchase all the electricity generated by the Systems up to the limit of each Systems on site power consumption at the rate of $0.15 (fifteen cents) per kilowatt hour.  Ownership of the systems shall be transferred to the Town upon expiration of the PPA.  In accordance with the request for proposal, bid submissions are due on or before 2:00 p.m. on November 13, 2009.

It was noted a solar photovoltaic system has been recently installed on the roof of the new Mashpee Library.

Motion made by Selectman Cahalane to support the Solar Photovoltaic Project RFP for the Mashpee Town Hall and Mashpee Senior Center for public bid subject to Town Counsel’s review and approval.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  4-0.
Selectman Cook was absent for the vote.

Through a Massachusetts Renewable Energy Trust grant, a solar installation site assessment was conducted at the Mashpee High School.  An existing 2.04 kW array exists and it has been determined that a 262 kW array could be installed on the roof.  The Town has presented this project to the Cape & Vineyard Electric Cooperative (CVEC) for possible funding and is also seeking support through the MA Department of Energy Resources Energy Efficiency and Conservation Block Grant program.  Also of  particular importance is the Town Landfill presently under consideration for a large solar project.

The Town is also considering the use of renewable energy projects at Heritage Park.  The project if approved with the use of Clean Energy Choice funding would support the installation of micro-wind turbines.  The vertical access micro-wind turbines at the proposed site location would tie into the Mashpee Chamber of Commerce building.

Motion made by Selectman Taylor to support the micro-wind renewable energy initiative at the Heritage Park facility.
Motion seconded by Selectman Richardson.
                VOTE:  Unanimous.  5-0.

Two articles appear on the October 2009 Town Meeting Warrant to allow renewable or alternative energy research and development facilities as a principal use in the I-1 Industrial zoning district and to allow large ground-mounted solar photovoltaic energy generation facilities as a principal use in the Industrial zoning districts.  The articles if approved will support the completion of criteria necessary to conform to the Green Communities Act.  Upon approval, the Town will apply for  the Green Community designation.

The Selectmen applauded the Energy Committee for their efforts.

Catherine Laurent:
Regional Negotiations for Mashpee Solid Waste Disposal:

Catherine Laurent, Director of Public Works presented a non-binding Memorandum of Understanding to the Selectmen for signature to participate with the other thirteen Cape municipalities in a county-wide analysis of alternatives for Municipal Solid Waste (MSW) disposal.
It was noted the Town of Bourne is not currently under contract with SEMASS and is therefore not involved in regional negotiations.  The other thirteen Cape towns have approved participation in this alternative.

Motion made by Selectman Cook to execute the non-binding Memorandum of Understanding regarding negotiations for MSW disposal pending Town Counsel’s written approval.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

                Catherine Laurent:
                Wildfire Prevention – Mashpee River Woodlands:

The Fire Chief was in attendance with the Director of Public Works to review an outreach plan in accordance with grant requirements for wildfire prevention at the Mashpee River Woodlands.

The grant received through Barnstable County provides funding for equipment, materials and labor to undertake wildfire mitigation and fuels reduction.  An important component of the grant is outreach with adjacent residential neighborhoods to reduce the fire risk to homes.

To initiate the outreach, a Fire Wise presentation is scheduled to be held at Town Hall on October 22nd at 5:30 p.m. with the neighborhoods within the project area.  However, it was noted that any interested Mashpee resident is invited to attend the presentation and sign-up for an assessment.  A “chipping” day is also proposed on November 21st in the neighborhood Clippership Village, the area located within the hazard zone of the woodlands.  On the chipping day, the Town will work with homeowners to trim trees and underbrush.  Additional work proposed under the grant funding will be completed by the Mashpee DPW.  It was noted that staffing is supported by grant funding.

The Selectmen were in support of the outreach plan as identified which would be used as a model for other neighborhoods in Mashpee located within fire hazard areas.  Fire wise tips can be found on the website www.firewise.org.

Great Neck Road Status Report:

It was disclosed the reconstruction of Great Neck Road North will include the installation of a bike path/walkway to Mashpee Commons.  During analysis of Great Neck Road North, all intersections will be reviewed for possible alignment.  The project is funded through Chapter 90.  Preliminary plans are expected to be developed this winter.  Work is anticipated to commence in approximately one year.

With future and available Chapter 90 funding for roadwork, bike paths/walkways will be prioritized by the DPW for construction.

                NEW BUSINESS:

                Solid Waste Subcommittee - Single Stream Recycling:

On behalf of the Solid Waste Subcommittee Catherine Laurent updated the Selectmen on single stream recycling.  This process allows all recyclable materials to be placed together in one container.  Presently, residents are required to sort their recycling into nine separate containers.

It is the goal of the Town to increase the recycling program and to decrease the trash that is sent to SEMASS.  The single stream program is convenient and may encourage more recycling.  It is projected the single stream recycling initiative may increase recycling by 25%.  A preliminary cost analysis which is less than the cost of the current program was presented to the Selectmen for additional review and consideration.  

Motion made by Selectman Cahalane to move forward with the implementation of the single stream recycling program as soon as possible.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Mashpee Recycling Day is scheduled to be held on Saturday, October 17th at the Transfer Station.

COMMUNICATIONS AND CORRESPONDENCE:

Mashpee Reads Campaign:

The Board of Selectmen announced their support for the Mashpee Reads Campaign.  Approximately thirty residents attended the informational gathering to initiate the program in Mashpee.  The next scheduled meeting is this Wednesday at 3:30 p.m. at the Mashpee Town Hall.  It was agreed the Selectmen would be updated regarding the development of the reading program.

Conservation Commission Mailing – Fresh Water Docks and Piers:

For informational purposes the Board of Selectmen reviewed correspondence from the Conservation Commission dated September 30, 2009 relative to the compliance monitoring for all freshwater docks, piers and other water dependent structures on Mashpee’s freshwater bodies.

All permanent and/or seasonal docks and piers must be permitted through the Town of Mashpee and the State of Massachusetts.  Existing wooden floats that are anchored to land under water must be permitted by the Harbormaster.

The informational hand-out from the Conservation Agent was distributed to Mashpee homeowners.

Planning Department – Local Comprehensive Plan Update:

Tom Fudala, the Town Planner was in attendance with Bill Newton, the Assistant Town Planner to discuss the draft public opinion survey, an initiative that will assist the Town in the update of the Town’s 1998 Local Comprehensive Plan (LCP).

It was noted that a survey having 125 questions was distributed to residents in 1992.  Of the 5503 surveys distributed, 633 were completed, a response rate of 11.5%.  Results of the eleven year old public opinion survey were included in the Selectmen’s informational package.

Discussion followed with respect to the content of the proposed new survey.  The condensed version prepared by the Assistant Town Planner is divided into two parts.  Part one contains respondent information that would be used to interpret the results, and to obtain the general location of the resident responding to the survey.  Part two requests a response to some of the questions asked in 1992 to determine if there is a change of opinion.  The new survey also contains new questions on how future issues should be addressed.

In reviewing the first draft, the Selectmen suggested the survey be condensed to contain the most beneficial and objective questions in a less lengthy format.  It was agreed the Board would remit their comments to the Town Manager before the draft is finalized.

Distribution of the intended survey was also reviewed.  It was determined the Town Manager would review the most cost effective process for distribution.  Recommendations under consideration include the use of the Town’s website, to include the survey in the tax bill mailing and the possibility of mailing the survey with the Town Census.

Selectmen’s Meeting Calendar:

A proposed meeting calendar through the May 2010 Town Meeting was issued to the Selectmen.  

OLD BUSINESS:

Review and Execution of Conservation Restriction – New Seabury #5:

At this time, the Selectmen agreed to defer the above referenced subject matter.

NEW BUSINESS:

Library Time Capsule:

A time capsule is being proposed by the Library Trustee’s.  Presently, winning essays from the Mashpee Schools will be archived.  The Selectmen were requested to consider items for inclusion into the time capsule.

Selectman Cook offered to participate as a judge for the Mashpee Schools voluntary essay contest.

Road Betterment Abatement Application:

The Board of Selectmen was in receipt of an application for an abatement of a street betterment dated June 26, 2009 for property identified as 105 Lakewood Drive.  Correspondence was received from Town Counsel dated September 29, 2009 with respect to this regard.  

The opinion of Town Counsel; page two, last paragraph, last sentence; “I believe that the street betterment assessment with respect to the property of 105 Lakewood Drive is appropriate and that the Applicant has failed to establish a legal basis for entitlement to an abatement thereof.”  The sentence was read aloud into the record.

Motion made by Selectman Cahalane to deny the Street Betterment Abatement Request for property identified as 105 Lakewood Drive.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Habitat for Humanity – Letter of Support for Local Initiative Project:

The Selectmen reviewed a draft letter to Habitat for Humanity regarding their vote of support to Habitat’s application to qualify the three affordable housing units referenced as 67 Fox Hill Road, 19 Lakewood Drive and 38 and 44 Timberland Drive as a Local Initiative Project (LIP).

Motion made by Selectman Cook to approve the letter to Habitat for Humanity dated October 5, 2009 relative to the three referenced affordable housing units as a Local Initiative Project.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

NEW BUSINESS:

Proclamation – United Nations Day:

Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Motion made by Selectman Cahalane to proclaim October 24, 2009 as United Nations Day.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Mashpee Housing Authority: Quitclaim Deed – 570 Old Barnstable Road:

Motion made by Selectman Cook to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Selectman Cahalane stepped down for the above referenced topic of discussion.

The Mashpee Housing Authority’s Breezy Acres expansion project was noted to have received the Selectmen’s approval in June of 2009 to amend the deed and to allow the addition of 22 additional bedrooms for a total of 40 bedrooms on site.  

The Housing Assistance Corporation has been selected through an RFP to develop the expansion.  There was a question regarding the Quitclaim Deed as it pertains to the number of bedrooms at the site location.  It was noted there is a time constraint as the project is moving forward.  The Selectmen were requested to act on this matter.

Correspondence was received from Town Counsel dated October 2, 2009 relative to the expansion of the Mashpee Housing Authority’s Breezy Acres property.  It is Town Counsel’s opinion the Selectmen have the ultimate authority to “amend” the deed by increasing the number of bedrooms/units without prior Town Meeting authorization.

Motion made by Selectman Richardson to approve the amendment of the Quitclaim Deed with the Mashpee Housing Authority to allow for the development of 22 additional bedrooms for a total of 40 bedroom units of affordable housing on the subject Breezy Acres site consisting of 6.2 acres located on 570 Old Barnstable Road, Mashpee.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.
Selectman Cahalane stepped down for the vote.

Adjournment:

Motion made by Selectman Cook to adjourn at 8:20 p.m.
The Board will enter into Executive Session for the purpose of discussing a litigation update, a cable negotiations update and a personnel matter.  The Board will not reconvene 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

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen