AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 9, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, October 5, 2009 Regular & Executive Sessions
Monday, October 19, 2009 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Request for Signs on Town Property – Chapman Cole & Gleason
COMMUNICATIONS & CORRESPONDENCE
1) AFCEE/MMR – Community Involvement Plan Procedure
OLD BUSINESS
1) Review of Hiring Freeze
2)
NEW BUSINESS
1) Recommendation for Award of Contract for Purchase of Salt & Ice Ban
2) Recommendation for Bid Acceptance – Furnishings, Fixtures, and Equipment for the Mashpee Public Library
3) Request for Approval – Change Order #4 – Mashpee Public Library
4) Recommendation for Appointment – Planning & Construction Committee
5) Project Closeout – Fire Station #2 Construction
6) Correspondence from Conservation Agent – Change of Status for Commissioners
7) Letter of Interest – Affordable Housing Committee
8) Recommendation for Appointment – ADA Committee – School Department Representative
9) Recommendation for Appointment – Community Preservation Act Committee – Historical Representative
10) Acceptance of Resignation – Special Events Committee
11) Designation of Liaison to the Ethics Commission
12) Execution of Special State Primary Election Warrant
13) Execution of Agreement between Cape Cod Commission and Town of Mashpee – Mitigation Funds for Nitrogen Loading
14) Execution of Order of Taking – Cayuga Avenue
15) Execution of Order of Taking – Spinnaker Drive, Starboard Drive, Simons Narrows Road, Half Hitch Lane, Yardarm Drive
16) Execution of Easements – Habitat for Humanity
17) Approval of Pole Location – Verizon – Route 130
18) Cable Negotiations
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 9, 2009
Present: Selectman Cook, Selectman Cahalane, Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Myers
Meeting Called to Order by Vice-Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, October 5, 2009 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, October 5, 2009 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Monday, October 19, 2009 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, October 19, 2009 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
AFCEE/MMR – Community Involvement Plan Procedure:
Correspondence was received from Doug Karson, USAF AFCEE AFCEE/MMR via email dated October 23, 2009 with respect to the notification process requirement for a certified mailing to abutters and notice to the Town for any construction in the Town of Mashpee by AFCC related to the clean-up work. Certified mailings and a map if applicable are currently required for construction projects within a 300’ radius of the work.
The Selectmen were in agreement to maintain policy with AFCEE/MMR to continue the notification process as required in the Community Involvement Plan dated 2003.
Flu Clinic:
It was announced the Town has received 193 doses of the H1N1 vaccine. The Board of Health is presently working with the School Department regarding the start of the immunization program. It is hopeful there will be forthcoming vaccine doses for distribution in the Town of Mashpee.
OLD BUSINESS:
Review of Hiring Freeze:
The Selectmen discussed the hiring freeze instituted by the Board as a result of budgetary constraints. The Town Manager suggested the Selectmen consider extending the freeze through the first of the New Year or at minimum through upcoming budget deliberations. Discussion followed with respect to the hiring freeze and the possible impact to public safety. It was agreed that hiring matters would be reviewed by the Selectmen on a case-by-case basis.
Motion made by Selectman Richardson to continue the Hiring Freeze until the May 2010 Town Meeting with the caveat through a request to the Board of Selectmen, the hiring freeze would be reviewed by the Selectmen on a case-by-case basis.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Recommendation for Award of Contract for Purchase of Salt & Ice Ban:
Catherine Laurent, Director of Public Works was in attendance to recommend the Board award the contracts for the purchase of Salt and Ice Ban. Eastern Minerals of Lowell, MA, the low bidder for Salt submitted a price of $56.50 per ton, a 24% decrease from FY09. Safe Road Services of Franklin, MA was recommended to be awarded the Ice Ban bid. Safe Road Services was also the low bidder submitting a price of $0.91 per gallon, a 2% decrease from FY09.
Motion made by Selectman Taylor to award the contract with Eastern Minerals for the purchase of Salt and a contract with Safe Road Services for the purchase of Ice Ban as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Recommendation for Bid Acceptance – Furnishings, Fixtures, and Equipment for the Mashpee Public Library:
Seven bids were received in response to advertisement for the furnishing, delivering and installation of library furniture, fixtures and equipment for the Mashpee Public Library.
Correspondence was received from the DPW Director dated October 29, 2009 recommending the award of contracts with four firms for various Library furnishings and equipment. It was noted the Library Subcommittee of the Planning & Construction Committee reviewed the bids and also recommended approval.
Catherine Laurent distributed an updated compilation of the Furnishing Awards Packages to the Selectmen dated November 9, 2009. It was noted that bids received from Union Office Interiors and W.B. Mason were modified to obtain an upgrade in fabric and furnishings.
The bid award was presented to the Selectmen as follows;
W.B. Mason $12,301.50
Creative Library Concepts $46,583.00
Tucker Library Interiors $6,870.00
Union Office Interiors $38,420.00
Motion made by Selectman Cahalane to award the contract(s) for the various furnishings for the Mashpee Public Library to W.B. Mason, Creative Library Concepts, Tucker Library Interiors and Union Office Interiors as published in the Furnishings Award Packages memorandum of November 9, 2009.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
APPOINTMENTS & HEARINGS:
Public Hearing – Request for Signs on Town Property – Chapman, Cole & Gleason:
The Board of Selectmen opened the Public Hearing on the application of Chapman, Cole & Gleason, William B. Chapman, Jr. Applicant, for permission to place signs on Town property.
The Hearing notice was read aloud into the record in accordance with posting procedures and requirements. William Chapman co-owner of Chapman, Cole & Gleason Funeral Home, 74 Algonquin Avenue was in attendance to request permission to post directional signage on Route 151.
Mr. Chapman has requested the additional signage because many visitors get lost by turning on the wrong side of Algonquin Avenue. Mr. Chapman indicated that most GPS systems do not recognize his address.
A proposed photograph of the intended sign and wordage was contained in the Selectmen’s informational package. The signage is requested to be placed approximately 100 yards in both directions along Route 151 before Algonquin Avenue.
To conform to the signage policy, the Board of Selectmen requested the applicant meet with the DPW Director to obtain site approval for the intended signage locations for safety and visibility purposes. Mr. Chapman was also directed to meet before the Design Review Committee to gain approval for the size, message and color of the sign.
Correspondence was received from the Building Inspector dated October 14, 2009 without objection. According to the Inspector, the two directional signs on Town property would benefit public safety. As per requirements, a permit application is required and the placement of said signage shall be determined by the DPW Director.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Motion made by Selectman Cahalane to grant permission to Chapman, Cole & Gleason to use the Town layout for signage with the provision the applicant go through the DPW Director for permission and also the Design Review Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Request for Approval – Change Order #4 – Mashpee Public Library:
The Board of Selectmen reviewed Change Order #4 associated to the Mashpee Public Library. The $9,912 Change Order approved by the Planning & Construction Committee is reflective of three project credits.
Motion made by Selectman Cahalane to accept Mashpee Public Library Change Order #4 in the amount of $9,912.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
It was agreed the Town Manager would arrange a tour of the facility with interested Selectmen members.
Recommendation for Appointment – Planning & Construction Committee:
Correspondence was received from Steve Cook; Chair of the Planning & Construction Committee dated October 18, 2009 recommending the Selectmen appoint Delor J. Ellis to fill the vacancy created by the resignation of Kevin Shackett. For additional review was a letter of interest from Delor J. Ellis dated October 8, 2009 to serve on the Planning & Construction Committee.
Motion made by Selectman Richardson to appoint Delor J. Ellis to the Planning & Construction Committee for a term to expire 6/30/10.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Project Closeout – Fire Station #2 Construction:
The Selectmen were in receipt of communication from the DPW Director dated October 5, 2009 announcing the close-out of the construction project for Fire Station #2. The total appropriation for the project was $2.114 million. After receiving a rebate from the Cape Light Compact for energy efficient measures, the total cost of construction was $1,876,206.41.
The sum of $237,793.59 in unspent funds is being returned to the Town. The Selectmen have the option to pay down the loan or set aside the funds for future construction projects.
Motion made by Selectman Cahalane to officially close-out the Fire Station #2 project. Excess proceeds shall be earmarked for payment to the original bond for the subject Fire Station project.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Approval of Pole Location – Verizon – route 130:
A public hearing was held on October 13, 2009 to review the application of Verizon requesting permission to install (1) new pole along Route 130, approximately 75’ northeast from the centerline of the driveway serving Anchor Storage with an address of 600 Route 130, Mashpee.
Prior to commencement of this project, Verizon and/or Commonwealth Electric Company are required to contact the Mashpee Department of Public Works to make them aware of the pole installation at the subject location.
Motion made by Selectman Cahalane to approve Verizon Petition No. 09-017 to construct (1) new pole along Route 130 as stipulated.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Correspondence from Conservation Agent – Change of Status for Commissioners:
Correspondence was received from Andrew McManus; Conservation Agent dated October 27, 2009 recommending the change of status of Len Pinaud from full-time Commission to Associate Commissioner and the change of status of Brad Sweet from Associate Commissioner to full-time Commissioner. The Conservation Commission unanimously voted to approve the change of status as referenced.
Motion made by Selectman Richardson to accept the recommendation of Andrew McManus to appoint Len Pinaud to Associate Commissioner and Brad Sweet to full-time Commissioner.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Letter of Interest – Affordable Housing Committee:
In response to advertisement, the Selectmen were in receipt of a letter of interest from Walter Abbot, Jr. dated September 28, 2009 to serve on the Affordable Housing Committee.
Motion made by Selectman Richardson to appoint Walter Abbot, Jr. to the Affordable Housing Committee for a term to expire June 30, 2010.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Recommendation for Appointment – ADA Committee – School Department Representative:
Robert Woolridge, Chair of the ADA Committee remitted communication to the Selectmen via email dated October 1, 2009 recommending the appointment of Maria Hortaridis to serve as the School Department’s representative to the ADA Committee.
The ADA Committee supports the recommendation. Ms. Hortaridis is the new School Business Administrator and the School Superintendent has designated her to represent the schools on Town Committees.
Motion made by Selectman Cahalane to appoint Maria Hortaridis to the ADA Committee as recommended.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Recommendation for Appointment – Community Preservation Act Committee – Historical Representative:
On July 30, 2009, the Historical Commission voted unanimously to nominate Frank J. Lord to serve as their representative to the Community Preservation Act Committee. Communication was received from Lee Gurney dated October 26, 2009 with respect to this regard.
Motion made by Selectman Cahalane to appoint Frank J. Lord to the Community Preservation Act Committee as the Historical Representative.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Acceptance of Resignation – Special Events Committee:
The Selectmen were in receipt of a resignation from Sheena Steiner dated October 4, 2009 from the Special Events Committee.
Motion made by Selectman Richardson to accept the resignation of
Sheena Steiner from the Special Events Committee with regret.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Designation of Liaison to the Ethics Commission:
In accord with Section 84 of the Bill adding a new Section 29 to the Conflict of Interest Law, each municipality is required to designate a “senior level employee of the municipality” to serve as its liaison to the Ethics Commission. Notification of the designation is required to be submitted to the State Ethics Commission on or before January 27, 2010.
Motion made by Selectman Taylor to appoint Kimberly Landry, Human Services Assistant to serve as the Town of Mashpee’s liaison to the State Ethics Commission.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
The Selectmen requested the Town schedule an evening meeting with Town Counsel for those who were unable to attend last weeks seminar on the State’s Conflict of Interest Law and the State Ethics Commission’s enabling Act.
NEW BUSINESS:
Execution of Special State Primary Election Warrant:
Correspondence was received from the Town Clerk dated October 23, 2009 requesting signatures of the Warrant for the Special State Primary Election to be held on Tuesday, December 8, 2009.
Motion made by Selectman Taylor to ratify and execute the Warrant for the Special State Primary Election to be held on Tuesday, December 8, 2009.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Execution of Agreement between Cape Cod Commission and Town of Mashpee – Mitigation Funds for Nitrogen Loading:
In the absence of the Chair, the Selectmen were requested to authorize the Vice-Chair to execute an Agreement between the Town and Cape Cod Commission to utilize mitigation funds for the reduction of nitrogen loading in Mashpee.
The Sewer Commission at its meeting of September 15, 2009 voted to request the Commission’s approval for the distribution of up to $32,000 for required archeological surveys. The Sewer Commission in the midst of developing a Watershed Nitrogen Management Plan has had unexpected costs due to required archeological surveys for test wells and pits necessary to determine the suitability of a number of proposed wastewater discharge locations.
Four sites will be reviewed by the Public Archeological Lab (PAL) resulting in a cost of $32,000. The funds are eligible for funding through DRI mitigation being held by the Cape Cod Commission.
Motion made by Selectman Cahalane to authorize the Vice-Chair to execute the Agreement between the Town and Cape Cod Commission to utilize mitigation funds for the reduction of nitrogen loading as referenced.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Execution of Order of Taking – Cayuga Avenue:
The Selectmen were in receipt of an Order of Taking for Cayuga Avenue reflecting a list of owners not included in the original order which was approved by the voters at the May 2007 Town Meeting. The addresses as described include; 87, 85, 79, 75, 68, 72, 76, and 80 Cayuga Avenue.
Motion made by Selectman Cahalane to accept and execute the new Order of Taking for Cayuga Avenue as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Execution of Order of Taking – Spinnaker Drive, Starboard Drive, Simons Narrows Road, Half Hitch Lane, Yardarm Drive:
The Board of Selectmen reviewed the Order of Taking for the above referenced roads as accepted by a vote of Town Meeting on May 4, 2009.
Motion made by Selectman Cahalane to approve and execute the Order of Taking for Spinnaker Drive, Starboard Drive, Simons Narrows Road, Half Hitch Lane and Yardarm Drive.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
NEW BUSINESS:
Execution of Easements – Habitat for Humanity:
Correspondence was received from Habitat for Humanity of Cape Cod dated October 26, 2009 relative to 67 Fox Hill Road, 19 Lakewood Drive and 38-44 Timberlane Drive. It was disclosed the DEP has approved the Nitrate Aggregation Loading Plans.
The Selectmen were requested to execute the (3) Grant of Title 5 Nitrogen Loading Restriction Easements previously approved by the Board.
Motion made by Selectman Cahalane to execute the (3) Grant of Title 5 Nitrogen Loading Restriction and Easements for Habitat for Humanity at 67 Fox Hill Road, 19 Lakewood Drive and 38-44 Timberlane Drive.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Cable Negotiations:
The Board of Selectmen reviewed the proposed motion relative to the cable television renewal process. The motion will preliminarily deny Comcast’s formal renewal to the Town, which was dated March 12, 2009.
Motion made by Selectman Richardson;
The Board of Selectmen, in its role as statutory Issuing Authority for the Town of Mashpee, is hereby issuing a preliminary assessment of denial of Comcast of Massachusetts I, Inc.’s cable television renewal proposal to the Town of Mashpee, dated March 12, 2009. The Board of Selectmen will issue a written statement of reasons within fourteen (14) days of tonight’s vote, in accordance with 207 CMR 3.06(3), detailing the reasons for its preliminary assessment of denial.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:04 p.m.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Myers absent.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
| 
