AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 16, 2008
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, May 19, 2008 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Board of Health Interviews
6:35 Kalliope Egloff
6:40 Mark A. Davini, D.C., D.A.B.C.N.
6:45 Paul Andrews
6:50 Public Hearing – Southcape Village Entertainment
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) St. Vincent’s Property Update
NEW BUSINESS
1) Certification & Confirmation of Appointment Process – Police Department
2) Review & Execution of Intermunicipal Agreement Upper Cape Regional Transfer Station (UCRTS)
3) Request for Contract Extension for FY09 – We Care
4) Proposal for Land Trade – Chapter 40B Development
5) Request of Mashpee Permanent Fire Fighters Association – Road Race
6) Request to Sell Items at Town Beaches - Carol Caradimos
7) Request of Mashpee Wampanoag Rod & Gun Club – Special Permit for 6/28/2008
8) Recommendation for Appointment - Human Services Committee
9) Recommendation for Appointment – MCAT
10) Recommendation for Appointments (2) – Affirmative Action Committee
11) Recommendation for Appointments (2) – South Cape Beach Advisory Committee
12) Recommendation for EDIC – Removal of Member and Appointment of New Member
13) Recommendation for Bid Acceptance – Track Resurfacing
14) Acceptance of Bid – Affordable Housing Project – Fox Hill Road, Lakewood Drive, Timberlane Drive
15) Review & Execution - Change Order #2 – Mashpee Fire Station No. 2
16) Request for Approval of Year-End Balance Transfers
17) Annual Reappointments – Boards/ Committees
18) Review & Acceptance – Cable Television Service Survey – UMASS Dartmouth
19) Review & Execution – Order of Taking – Equestrian Avenue
20) Review & Execution – Order of Taking – Preakness Lane
21) Board of Selectmen Liaison Discussion
22) Draft Letter – Credit to Nitrogen Reduction
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 16, 2008
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, May 19, 2008 Regular Session:
Motion made by Selectman Cook to approve the Regular Session minutes of Monday, May 19, 2008 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
One Room Schoolhouse – Move Date:
The date for the move of the One Room Schoolhouse to a site adjacent to the Town Archives building is Tuesday, June 24, 2008 at 9:00 a.m.
The relocation of the One Room Schoolhouse is a project funded by the Community Preservation Act approved at the May 2008 Town Meeting.
The relocation of the historic One Room Schoolhouse (circa 1831) to the Community Park will allow for greater public visibility for the schools and general public tours.
Initiatives for Energy Efficiency:
It was announced that representatives from Channel 5 News interviewed the Town Manager on this date to review energy efficient measures considered by the Town of Mashpee. Steps to reduce energy consumption include the adoption of general policy guidelines for Town Hall, renewable energy initiatives and general education outreach.
The Town Manager requested guidance from the Board of Selectmen with respect to general policy guidelines for Town Hall. Discussion followed regarding alternative hours at the Town Hall facility. Energy efficient options under consideration include the closing of Town Hall one day per week while maintaining a full work week for employees. It was noted the concept of working four 10-hour days was reviewed a few years ago, but it was not favored by the employee’s or general public. A change in the work week is also a collective bargaining matter with union personnel. Additional requirements would include a public hearing and final voter approval at Town Meeting.
In discussion, the Selectmen related concern regarding the Town adhering to the requirements of its constituency. However, in an effort to save energy consumption, the Selectmen agreed to further investigate the 4-day work week option. Additional recommendations under consideration include employee carpooling and to stipulate that future new hires live in close proximity to the Town of Mashpee.
APPOINTMENTS AND HEARINGS:
Board of Health Interviews:
The Selectmen interviewed the following candidates in response to advertisement to fill the present vacancy in the Board of Health. In attendance was Board of Health Agent Glen Harrington and Board of Health member Lucy Burton.
Kalliope Egloff explained to the Board of Selectmen that her work experience with the Cape Cod Cooperative Extension and the food service industry makes her an excellent candidate. Ms. Egloff indicated that she is able to commit to the position. Ms. Egloff is a member of the Mashpee Affordable Housing Trust and volunteers at the household hazardous waste collections for the fifteen Cape towns. She also takes an active role in recycling initiatives.
In addition to prioritizing affordable housing, Ms. Egloff indicated as a Board of Health member she would focus on water quality issues. Ms. Egloff was noted to have a strong regional knowledge for her ongoing support of water quality and environmental conservation programs, the deer tick project and food safety working for the Barnstable County Extension Service.
Mark A. Davini was in attendance to discuss his qualifications to serve the Town of Mashpee as a member of the Board of Health. Mr. Davini indicated that he is recently retired from chiropractic practice and presently resides in Mashpee as a year round resident.
Mr. Davini indicated that he served as Chair of the MA Board of Registration of Chiropractors and was responsible for overseeing the revisions of the state regulations, licensing and discipline of those in violation.
In his now part-time career, Mr. Davini stated that he oversees and critiques food safety. The position of Board of Health member would be a learning curve, but Mr. Davini indicated that he is willing to commit to the position and obtain future training. His main area of concern is the chain of contamination.
The third candidate for consideration as a member of the Board of Health, Paul Andrews remitted a letter of interest dated June 9, 2008. It was disclosed that a resume was not attached to the letter of interest and due to a professional conflict Mr. Andrews was unable to attend the Selectmen’s Meeting on this date. An email received from Mr. Andrews dated June 13, 2008 made note of the Selectmen’s meeting conflict and of Mr. Andrews’ strong interest in the Board of Health position.
The Selectmen conducted deliberation and agreed they were fortunate to have qualified candidates expressing an interest in the vacant position.
Ms. Egloff’s commitment to water quality was a favored attribute considered with high regard by the Board of Selectmen.
Motion made by Selectman Myers to recommend the appointment of Kalliope Egloff to the Board of Health.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Public Hearing – Southcape Village Entertainment:
The Board of Selectmen opened the Public Hearing on the application of Mashpee Investors, LLC, Southcape Village and its merchants, to provide entertainment to the public from June 20, 2008 through September 30, 2008. Entertainment would be held in the Southcape Village complex, Mashpee, MA.
The Hearing notice was read aloud in accordance with posting requirements. Don Megathlin representing Talanian Realty was in attendance to request approval of the live and free entertainment entitled Family Fun on Joy Street. The dates of entertainment are: June 20, July 18, August 8, and August 16, 2008.
Motion made by Selectman Myers to approve the application of Mashpee Investors, LLC, Southcape Village and its merchants, to provide entertainment to the public as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Certification and Confirmation of Appointment Process - Police Department:
Rodney Collins, Chief of Police was present to recommend the Board certify and confirm the appointment of John Dimitres as Police Officer. The proposed start date for the existing position is July 1, 2008.
Motion made by Selectman Cook to certify and confirm the appointment of John Dimitres as Police Officer as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
COMMUNICATIONS & CORRESPONDENCE:
Communication from Community Health Center of Cape Cod:
Correspondence was received from the Community Health Center of Cape Cod requesting the Selectmen attend a gathering on Wednesday, June 18, 2008 at 8:00 a.m. On behalf of the Board, Selectman Cahalane and Selectman Green agreed to attend.
OLD BUSINESS:
St. Vincent’s Property Update:
Selectman Taylor, Chair of the Community Preservation Committee (CPC) updated the Selectmen on negotiations relative to the St. Vincent’s property, an open space purchase approved by voters at the May 2008 Town Meeting. The draft conservation restriction is presently being negotiated and will be presented to the full Board of Selectmen for final approval. The conservation restriction was imposed by the Division of Fisheries and Wildlife in exchange for their contribution of $500,000 toward the purchase of the property. It was disclosed bonds and notes associated to the purchase will be available for the Selectmen’s execution on Wednesday. The bond rate is 2.6% on the $2,146,800 borrowed though a twenty-year debt exclusion.
The draft agreement allows for some flexibility for passive recreational use. The former archery range, a site of approximately 1.5 acres is approved for clearing and use as an open field. However, it cannot be used as a permanent field. There will not be a boat ramp, but a floating dock is permissible for kayaks and canoes. Motorized boats will not be allowed. Temporary structures such as tents are permitted. Also included in the agreement is gravel parking area for approximately six spaces. Negotiations under consideration include asphalt pavement for the parking area and entrance road to improve water quality and maintenance functions.
The Planning Board is scheduled to meet with representatives from the St. Vincent’s Home Corporation regarding the location of the eight acres that is to be retained by the arch diocese. St. Vincent’s has requested to retain the eight acres with frontage on Route 130 for future use.
NEW BUSINESS:
Proposal for Land Trade – Chapter 40B Development:
Tom Fudala, the Town Planner discussed his memorandum of June 4, 2008 relative to a proposal to trade property located at 218 Great Neck Road North for Town owned property more suitable for development.
The property acquired from Douglas Mackie is listed as two acres in size with frontage along Great Neck Road North and the Mashpee River. Mr. Mackie is considering the development of 16 apartments, a total of four units under the provisions of Chapter 40B.
Given the environmental constraints of the property, Mr. Fudala requested input from the Board of Selectmen.
Upon discussion, it was agreed the applicant should meet before the Zoning Board of Appeals to solicit a preliminary reaction to the project proposal.
NEW BUSINESS:
Review & Execution of Intermunicipal Agreement Upper Cape Regional Transfer Station (UCRTS):
Catherine Laurent, Director of Public Works was in attendance to recommend the Board execute the Intermunicipal Agreement among the Towns of Falmouth, Sandwich, Mashpee and Board for the maintenance and operation of a solid waste rail transfer station at the Massachusetts Military Reservation through 2014.
The terms of the agreement coincide with the Town’s contract with SEMASS which will expire on January 1, 2015 with an option to extend the agreement beyond this date.
Ms. Laurent indicated the Falmouth Board of Selectmen voted the agreement on this date as originally proposed. Ray Jack, Director of the Department of Public Works in the Town of Falmouth was present for discussion purposes.
Motion made by Selectman Taylor to approve and execute the original Intermunicipal Agreement for the maintenance and operation of the Upper Cape Regional Transfer Station as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
It was agreed that Town Counsel would be requested to render an opinion regarding an amendment to the contract which addresses the minimum contribution to be made by the Town of Bourne, 7% of the operating cost, and of language regarding other uses of the facility that imposes a requirement for approval of other uses by a majority vote of the Board of Selectmen in each participating town. *The matter will be further reviewed in July at the next Selectmen’s Meeting.
NEW BUSINESS:
Request for Contract Extension for FY09 – We Care:
Catherine Laurent, Director of Public Works outlined her recommendation to award the annual contract for the operation of the Transfer Station and hauling of recyclables to WeCare Transportation for fiscal year 2009 in a memorandum dated June 11, 2008. The award is the final year of the five year bid. The FY09 bid reflects a 3.5% increase from FY08. The FY09 hauling bid prices increase by less than 1% to 4.8%.
Motion made by Selectman Myers to award the contract for the Operation of the Transfer Station to WeCare Transportation Year 5, July 1, 2008 to June 30, 2009 in the amount of $388,610 and hauling of recyclables per trip to Franklin $280, Westport $265, New Bedford $220, Bourne $110.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request of Mashpee Permanent Firefighters Association – Road Race:
The Mashpee Permanent Firefighters Association remitted communication to the Board of Selectmen dated May 18, 2008 requesting approval of their intent to sponsor a second annual road race to benefit the Make-A-Wish Foundation and a needy Cape Cod Child. The race is scheduled to be held on October 25, 2008 starting in Popponesset at the Marketplace.
Firefighters and their families and friends are planning to staff and volunteer for the event. Two Mashpee Police detail officers will provide traffic safety during the two hour event. The start time is approximately 10:30 a.m.
Motion made by Selectman Cook to approve the request of the Mashpee Permanent Firefighters Association to schedule a road race on Saturday, October 25, 2008 as defined.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Request to Sell Items at Town Beaches – Carol Caradimos:
Carol Caradimos, a landscape pastel artist and jewelry maker was in attendance to request permission to sell her wares at the Mashpee public beaches. Ms. Caradimos is a resident of Buzzards Bay whose work is available for sale at various Cape Cod establishments. Ms. Caradimos discussed her intent to sell framed art work and possible jewelry pieces.
The Selectmen related concern with respect to commercialization at Town beaches and limited parking for Mashpee residents. It was noted the Town bylaw prohibits vendors to conduct business on Town property. Chapter 103 – Hawkers, Peddlers and Transient Vendors as adopted by the Town of Mashpee was reviewed.
The Board advised Ms. Caradimos to contact the State to review the process to obtain a Peddler’s License for possible sales at South Cape Beach.
Request of the Mashpee Wampanoag Rod & Gun Club – Special Permit for 6/28/08:
Correspondence was received from the Mashpee Wampanoag Rod & Gun Club dated June 6, 2008 requesting permission to use their liquor license for 2008 on June 28, 2008.
Motion made by Selectman Cook to approve the request of the Mashpee Wampanoag Rod & Gun Club for a one day liquor license on Saturday, June 28, 2008.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Human Services Committee:
It was announced the Human Services Committee voted to recommend the appointment of Violet Larkin as a new member. Mary Scanlon, Chair remitted communication to the Selectmen dated May 23, 2008 with respect to this regard.
Motion made by Selectman Cook to appoint Violet Larkin to the Human Services Committee.
Motions seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – MCAT:
The Selectmen received a letter of interest from Peter Cohen to serve on the Mashpee Cable & Advanced Technology Advisory Board (MCAT). Additional correspondence was received from Andrew Eliason on behalf of the MCAT board recommending his appointment.
Motion made by Selectman Cook to appoint Peter Cohen to the Mashpee Cable & Advanced Technology Advisory Board.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointments (2) – Affirmative Action Committee:
A total of five vacancies presently exist on the Affirmative Action/No Place for Hate Committee. Correspondence was received from Janice Rhoden, Chair dated June 11, 2008 recommending two individuals for appointment. Letters of interest were attached for the Selectmen’s review.
Motion made by Selectman Cook to appoint;
Maryanne Wray and Marilyn Rollins to the
Affirmative Action/No Place for Hate Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointments (2) – South Cape Beach Advisory Committee:
Correspondence was received from Jeralyn Smith, Chair of the South Cape Beach Advisory Committee recommending the appointment of two candidates for appointment. Both applicants have expressed their interest in supporting the efforts of the committee’s goals. Letters of interest with resumes were attached for the Selectmen’s review.
Motion made by Selectman Cook to appoint Lewis D. Newell and Steven Pinard to the South Cape Beach Advisory Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for EDIC – Removal of Member and Appointment of New Member:
Due to lack of attendance Joseph Anastos was recommended to be removed from the EDIC Committee.
Motion made by Selectman Cook to rescind the appointment of Joseph Anastos from the EDIC Board of Directors.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Elizabeth Curtin was recommended for appointment to the EDIC Board. Her resume was attached for additional review.
Motion made by Selectman Cook to appoint Elizabeth Curtin to the EDIC Board of Directors.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Track Resurfacing:
In October, 2007 Town Meeting approved the Mashpee High School Track Resurfacing project, a Community Preservation Act funding application in the amount of $69,300.
On May 23, 2008, the Town of Mashpee received two sealed proposals for the repair and resurfacing of the Mashpee High School track. In accordance with the award, the School Department will be responsible for the future maintenance of the track.
Correspondence was received from the Assistant Town Manager dated June 10, 2008 with respect to the bid proposals. After thorough review, the low bidder, Tracklite Systems of Andover was the recommended firm.
Motion made by Selectman Cook to award the bid received for the repair and resurfacing of the Mashpee High School Track to Tracklite Systems in the amount of $46,200.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
6: 42 p.m. Selectman Green excused himself from the meeting.
Acceptance of Bid – Affordable Housing Project – Fox Hill Road, Lakewood Drive, Timberlane Drive:
The Town of Mashpee solicited proposals to develop three single family housing units on property designated for such purpose at the October 2007 Town Meeting. One proposal was received and opened on May 23, 2008.
Upon review of the material submission, Habitat for Humanity of Cape Cod was recommended for the bid award. It was noted their proposal exceeded all bid requirements.
Motion made by Selectman Taylor to award the bid to develop three single family housing units on Fox Hill Road, Lakewood Drive and Timberlane Drive to Habitat for Humanity of Cape Cod.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Review & Execution – Change Order #2 – Mashpee Fire Station No. 2:
The Board of Selectmen reviewed Change Order #2, a credit in the amount of $1,130 for changes in the concrete from a stamped concrete finish to a broom finish ($1,560) and an electrical credit ($250) in accord with the revised drawings. The change order also incorporates additional work in the amount of $680 as outlined in the memorandum of May 22, 2008 from Barbato Construction Company.
Motion made by Selectman Taylor to approve Change Order #2, a credit of $1,130 dated May 23, 2008.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Request for Approval of Year-End Balance Transfers:
In accordance with MGL, Chapter 44, Section 33B, the Selectmen were requested to approve the following transfers:
$5,000 from the Police Salary Account to the Police
Expense Account;
$5,000 from the Fire Salary Account to the Fire
Expense Account;
$117,000.43 from the Treasurer Salary/Wage Account to the
County Retirement Account.
Motion made by Selectman Myers to approve the above reference Year–End Balance Transfers.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Annual Appointments – Boards/Committees:
The Board of Selectmen reviewed the list of Annual Appointments dated June 11, 2008. The following amendments were made:
EDIC – Remove Joseph Anastos – Add Elizabeth Curtin
Board of Health – Add Kalliope Egloff term to expire 6/30/2010
MCAT – Add Peter Cohen
Leisure Services Advisory Council – Remove Rebecca Romkey – Add
Kathy Stanley
South Cape Beach Advisory Committee – Add Lewis D. Newell and
Steven Pinard
Motion made by Selectman Taylor to approve the list of Annual Appointments as amended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Review & Acceptance – Cable Television Service Survey – UMASS Dartmouth:
The Selectmen were requested to support a regional cable television survey to solicit satisfaction levels and needs of cable television subscribers in the Towns of Bourne, Chatham, Dennis, Falmouth, Harwich, Mashpee, Sandwich, and Yarmouth.
The survey questions will mainly be standardized across all seven Cape Towns; however each participating town may add their own unique questions. A minimum of 400 surveys is proposed at an estimated cost of $6,000 per town. The final report will contain a unique report for each town and an aggregate for the region. With the Selectmen’s approval, the survey will begin next week.
Motion made by Selectman Cook to accept the Regional Cable Television Survey, an estimated cost of $6,000 with funding to derive from the Mashpee Cable & Advanced Technology Advisory Board.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Review & Execution – Order of Taking – Equestrian Avenue:
Motion made by Selectman Cook to approve and execute the Order of Taking for Equestrian Avenue.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Review & Execution – Order of Taking – Preakness Lane:
Motion made by Selectman Cook to approve and execute the Order of Taking for Preakness Lane.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Board of Selectmen Liaison Discussion:
Noted amendments to the Selectmen’s Liaison Assignment List for 2007 – 2008 as follows:
Selectman Cook – Add Library
Selectman Taylor – Delete Library
Selectman Myers – Delete Harbormaster
Selectman Green – Delete Shellfish
The Harbormaster and Shellfish Constable are assigned to the Police Department.
The amended list will be resubmitted to the Board of Selectmen.
Draft Letter – Credit to Nitrogen Reduction:
Motion made by Selectman Cook to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
The Selectmen reviewed the draft letter in support of the connection of the proposed Mashpee Town Library to the Mashpee Commons Limited Partnership Wastewater Treatment Plant. The letter to the Regulatory Committee of the Cape Cod Commission supports the request of Mashpee Commons to credit the Nitrogen reduction in the wastewater flow that will be achieved by connecting the Library to the wastewater treatment plant.
Motion made by Selectman Cook to authorize the Chairman of the Board of Selectmen to execute the letter to the Regulatory Committee of the Cape Cod Commission as defined.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
The Environmental Oversight Committee (EOC) met last Thursday
and recommended the Selectmen strongly consider combining the Water District and Sewer Commission. It was noted that presently one individual is serving as chairman of both entities. It was agreed that Town Counsel would be consulted with respect to appropriate representation with respect to this matter.
The EOC also suggested the Board investigate the possibility of employing the services of a grant writer on a full time basis. It was agreed a Request For Proposal (RFP) would be prepared for grant writer services on an expense and commission basis.
A draft RFP was presented to the Selectmen relative to a diagnostic study of Santuit Pond to determine the source of phosphorus sources degrading the pond. The final draft will be distributed to the Board of Selectmen. It was the consensus of the Board to obtain cost estimates for the study and determine funding sources prior to placement of an article on the October Town Meeting warrant for possible funding.
The EOC also suggested the Board remind the Waterways Commission to remit a formal update in writing to the Selectmen on a bi-monthly basis.
Adjournment:
Motion made by Selectman Cook to adjourn at 8:07 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Cook, yes Selectman Myers, yes
Selectman Green, absent Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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