AGENDA
BOARD OF SELECTMEN
WEDNESDAY, AUGUST 27, 2008
5:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Monday, July 21, 2008 Regular & Executive Session
APPOINTMENTS & HEARINGS
5:30 Joint Meeting with School Committee/ Finance Committee
– School Department End-of-year Purchases and Transfers
6:00 Presentation of Reorganization Plan
6:30 Public Comment
6:45 Town Planner – Open Space Plan Review and Endorsement
6:50 Building Commissioner – Annual Inspection Fee Schedule
COMMUNICATIONS & CORRESPONDENCE
1) October Town Meeting Warrant – Draft #2
2) Affirmative Action Committee – No Place for Hate
3) Mashpee Wampanoag Tribal Council – Grant Application
OLD BUSINESS
NEW BUSINESS
1) Ratification of Reserve Fund Transfer – Finance Committee
2) Recommendation for Appointment – Special Events Committee
3) Recommendation for Appointment – Barnstable County HOME Consortium
4) Confirmatory Order of Taking – Vinhaven Property
5) Adoption of Policy – Budget Reserves
6) Recommendation for Bid Acceptance – Exhaust Recovery/Fire Station #2
7) Request of EDIC for Land Transfer
8) Archeological Study Consultant Selection
9) Mashpee Wampanoag Rod & Gun Club – License Request
10) Permit Fees for Housing Authority
11) Aboveground Fuel Storage Facilities at the Mashpee DPW
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 27, 2008
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Green, Selectman Myers
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cahalane at 5:30 p.m.
Town Hall, Conference Room #1
To honor Army Staff Sergeant Alicia Birchett, Marine Private First Class Daniel McGuire and Army Private First Class Paul Conlon, Jr., Mashpee residents who have lost their lives while serving our Country, the Selectmen held a moment of silence.
MINUTES:
Monday, July 21, 2008 Regular & Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, July 21, 2008 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
Joint Meeting with School Committee/Finance Committee –
School Department End-of-Year Purchases and Transfers:
The Board of Selectmen met jointly with members of the School Committee and Finance Committee at the request of the School Department for the purpose of reviewing the remainder of the FY08 budget and FY09 budget of the Mashpee Public Schools.
In attendance was Ann Bradshaw Superintendent of Schools, School Business Administrator Patricia Lugo and School Committee members MaryRose Grady, Janice Mills, Richard Bailey and Ralph Marcelli. Finance Committee members in attendance included Sandra Lindsey, Chris Avis, Charles Gasior, Oskar Klenert and Lynda Carroll.
Ms. Lugo distributed a worksheet detailing activity associated to the FY08 budget.
Final budget reductions and prepays as of June 30, 2008 were also reviewed. In FY09, it was disclosed the School Department pre-paid the Special Education Out-of-District Tuitions by $305,327. In FY06, School budget assumptions made the adjustment for the pre-pay, but it was uncertain if the Out-of-District Tuitions associated to special education were paid in advance in FY07.
Discussion followed regarding the encumbrance of utilities. It was noted that transportation fees are obligated contractually. In FY08 the line item associated to system-wide maintenance was under expended due to a change in the cleaning supervisory position.
The FY09 School budget as balanced and approved by the Town amounts to $20,517,652.
It is hopeful the School Department will present their budget request for fiscal year 2010 by December, 2008.
The Selectmen requested the School Department consider the submission of a three-year plan outlining their budget request for fiscal years 2010 through 2013.
COMMUNICATIONS AND CORRESPONDENCE:
October Town Meeting Warrant – Draft #2:
The Selectmen agreed to review the October Town Meeting Warrant
Articles at the September 8, 2008 Selectmen’s Meeting.
APPOINTMENTS AND HEARINGS:
Town Planner – Open Space Plan Review and Endorsement:
Correspondence was received from the Town Planner dated August 12, 2008 relative to the Town’s grant application to the State’s LAND, formerly the Self-Help program for the Meetinghouse Road property approved at the May Town Meeting.
An updated Open Space Conservation and Recreation Plan filing is part of the application requirement for grant funds.
It was agreed the matter would be deferred to the September 8, 2008 Selectmen’s Meeting for additional review.
Building Commissioner – Annual Inspection Fee Schedule:
The Selectmen unanimously agreed to defer the above referenced agenda topic to the September 8, 2008 meeting.
COMMUNICATIONS AND CORRESPONDENCE:
Affirmative Action Committee – No Place for Hate:
In July, the Selectmen met with Shahkeh (Shirley) Yaylaian Setian to review her request to support a resolution to no longer be affiliated with the Anti-Defamation League (ADL). The national ADL has created and sponsored the No Place for Hate Program and the ADL has taken a stance against congressional recognition of the Armenian genocide.
The Selectmen reviewed correspondence from the Town’s Affirmative Action Committee dated August 5, 2008 with respect to this regard. As noted in the memorandum, the Affirmative Action Committee and the No Place for Hate Program volunteer members are to conduct activities and events only. It was agreed the matter is considered a national issue. The Selectmen did not take action on the request to adopt the proposed resolution.
The Selectmen were in agreement to remain a No Place for Hate community as a local initiative.
APPOINTMENTS AND HEARINGS:
Presentation of Reorganization Plan:
Town Counsel Patrick Costello was in attendance to review with the Board of Selectmen, the Reorganization Plan as prepared by Joyce Mason, the Town Manager in accordance with Section 5-1 (b) of the Mashpee Home Rule Charter.
As directed by the mandates of the Charter, the comprehensive plan of organization of the town government administrative structure in the form of a proposed Administrative Code was presented to the Board by the Town Manager.
The Town Manager recommended organizational changes to the existing municipal organizational structure. To comply with Section 5-8 of the Charter, a reorganization of the Department of Public Works is proposed. Also, the current Personnel Department is proposed to be expanded into a Human Resources Department reassigning the office to a staff department reporting directly to the Town Manager.
The Harbormaster’s Office and Office of the Shellfish Warden are reassigned from the Town Manager to the Chief of Police in the reorganization proposal. In addition, the Office of Information Technology (IT) is reassigned from an operating department to a staff support department reporting directly to the Town Manager. GIS functions are included in the IT Department. The new reorganization also reassigns the Zoning Board of Appeals Administrative Assistant to the Department of Inspectional Services.
In accordance with Section 5-5 of the Charter a Department of Municipal Finance is proposed for establishment to perform all fiscal and financial activities of the Town. The Assistant Town Manager would oversee the Treasurer/Collector, the Town Accountant and Director of Assessing.
In accord with Section 5-7 there shall be a permanent building and other facilities planning and construction committee which may be referred to as the Planning and Construction Committee consisting of seven members.
Of particular importance is Section 5-8, Public Building Maintenance. The responsibility for the maintenance and repair of all town-owned buildings and grounds shall be consolidated in the Department of Public Works under the supervision of the Town Manager. The Town Manager, after consultation with the School Superintendent, shall determine the manner in which such responsibility shall be assumed and the services delivered. It is the intention of this provision that the standards for the work to be performed will be established jointly by the School Department and Town Manager. This provision does not interfere with School Department personnel or the maintenance personnel in school buildings who perform custodial functions.
It was noted in May 2004, the citizens approved the Home Rule Charter which became effective on July 1, 2004. The consolidation of all town-owned buildings and grounds under the Department of Public Works is a mandate of the Charter approved by Town Meeting for implementation.
The School Committee acknowledged the mandated transfer of public maintenance, but requested that a comprehensive and detailed agreement be defined to maintain the school’s legal requirements for authority over the day to day responsibilities of the custodians. It was noted the school facilities supervisor reports to the DPW Director under the new organizational chart.
There were also several issues the School Department initially requested to address in a proposed Memorandum of Understanding. The issues include whether the superintendent maintains the supervision and the hiring and firing of custodians, the school requests prioritizing the maintenance of school athletic fields, and for the town to take authority of the treatment facility. The School Committee also requests to maintain their appointing authority of custodians for the schools, and matters regarding the school building rental account.
It was agreed the School Department would remit additional comment regarding additional issues of concern to be considered for incorporation into the Memorandum of Understanding.
The Selectmen agreed to continue discussion of the reorganization plan at the next meeting. The public was invited to solicit comment to the Office of the Town Manager.
The Plan of Reorganization as presented and supported by the Board of Selectmen would be implemented on July 1, 2009 and become part of the FY2010 budget if it is approved by the voters at the October 2008 Town Meeting.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recess: 6:38 p.m. Meeting Resumed: 6:45 p.m.
COMMUNICATION AND CORRESPONDENCE:
Mashpee Wampanoag Tribal Council Grant Application:
The Board of Selectmen was requested to support a grant application the Tribal Council is submitting to the Division of Fisheries & Wildlife and Natural Resources Committee for a commercial shellfish venture that would promote aquaculture practices. The shellfish grant would allow for the harvest of 2 million oysters and eventually increase the harvest to a projected 10 million in the Tribe’s two shellfish parcels in Popponesset Bay.
The project has the potential to reduce the nitrogen loading in Popponesset Bay which would greatly benefit the water quality.
Motion made by Selectman Cook to send a letter of support for the Tribal Council’s shellfish grant application as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0
Selectman Green abstained.
Recognition of Community Park Gathering:
The Selectmen recognized the organizers of the candlelight vigil held earlier this month at the Veteran’s Garden and the Mashpee Community Park. Gratitude was also given to the community for their support to the families.
NEW BUSINESS:
Ratification of Reserve Fund Transfer – Finance Committee:
The Selectmen reviewed the Finance Committee’s request for a reserve fund transfer dated July 28, 2008 in the amount of $4,000 to the Finance Committee expense account. The expenditure is extraordinary and/or unforeseen for the following reason: a change in the business manager prompted the special audit, which was not anticipated in the 2008 budget.
Motion made by Selectman Cook to ratify the Reserve Fund Transfer in the amount of $4,000 in accordance with MGL Chapter 40, Section 6 as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Special Events Committee:
A letter of interest was received from Elizabeth (Lisa) Bernard dated July 2, 2008 requesting for appointment to serve on the Town’s Special Events Committee. Correspondence was received from the Leisure Services Director dated August 13, 2008 recommending the appointment.
Motion made by Selectman Cook to appoint Elizabeth (Lisa) Bernard to the Special Events Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – Barnstable County HOME
Consortium:
In response to advertisement, Lorri Finton submitted a letter of interest to fill the current vacancy to serve as Mashpee’s representative on the Cape Cod Commission’s HOME Consortium board. Ms. Finton has a strong resume with fifteen plus years of experience in housing and property management issues.
Motion made by Selectman Cook to appoint Lorri Finton to the Barnstable County HOME Consortium.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Confirmatory Order of Taking – Vinhaven Property:
The Board of Selectmen reviewed the Confirmatory Order of Taking for the Vinhaven Property, land containing 78.3 acres more or less owned by The Saint Vincent’s Home Corporation of Fall River, MA. No betterments are to be assessed under this Taking.
The Confirmatory Order of Taking will supplement the title obtained by the Town by virtue of the Quitclaim Deed recorded on June 30, 2008.
Motion made by Selectman Taylor to confirm and execute the Order of Taking for the Vinhaven Property as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Adoption of Policy – Budget Reserves:
Draft budget reserve policies relative to Free Cash and the Stabilization Fund were presented to the Selectmen for adoption. As noted, it is the policy of the Town of Mashpee to utilize free cash balances for capital improvements, purchases of capital outlay and payment of unpaid bills, and it is the policy of the Town of Mashpee to maintain a stabilization fund with a total balance of 5% to 10% of the Town’s overall budget.
Motion made by Selectman Cook to adopt the policies in regard to Budget Reserves as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Exhaust Recovery/Fire Station #2:
Two proposals were received in response to advertisement for the installation of a source capture emergency vehicle exhaust fume removal system at the new South Mashpee Fire substation.
Murphy Specialty, Inc. of Hyde Park MA submitted the recommended low bid proposal of $14,444.00. Correspondence was received from the Assistant Town Manager dated August 12, 2008 with respect to this regard.
Motion made by Selectman Taylor to accept and award the exhaust recovery bid from Murphy Specialty, Inc. as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Request of EDIC for Land Transfer:
The discussion relative to the proposed EDIC parcel title transfer for two parcels of land located within the Industrial zoning district was deferred to the September 8, 2008 meeting.
Archeological Study Consult Selection:
Correspondence was received from the Town Planner dated August 6, 2008 relative to the Archaeological Consultant selection in response to the Selectmen’s RFP.
The Community Preservation Committee recommended the project proposal for the Mashpee Archeological Survey in the amount of $20,000 to the voters at the October 2007 Town Meeting. The goal of the project is to conduct a reconnaissance-level archeological survey of the entire Town of Mashpee in order to identify and preserve archeological and cultural resources.
Three proposals were received and ranked. Public Archaeology Laboratory (PAL) was rated highly advantageous on both of the specified criteria.
Motion made by Selectman Cook to negotiate a contract with Public Archaeology Laboratory (PAL) within the perimeters of the $20,000 authorization.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Mashpee Wampanoag Rod & Gun Club – License Request:
The Mashpee Wampanoag Rod & Gun Club requested the date of August 31, 2008 to use within their 2008 liquor license allotment.
Motion made by Selectman Cook to grant the Mashpee Wampanoag Rod & Gun Club a One Day Liquor License on August 31, 2008.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Permit Fees for Housing Authority:
The Selectmen agreed to waive all plumbing and gas permits associated to the Mashpee Housing Authority’s Breezy Acres Expansion project on 570 Old Barnstable Road.
Motion made by Selectman Taylor to approve the waiver of fees for the Breezy Acres Expansion project.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Aboveground Fuel Storage Facilities at the Mashpee DPW:
Three sealed proposals were received for aboveground fuel storage facilities at the Mashpee DPW. The low bidder, Bay State Regional Services of Yarmouthport was the recommended firm for the project approved at the May 2008 Town Meeting.
Motion made by Selectman Cook to award the proposal received from Bay State Regional Services in the amount of $167,737 for aboveground fuel storage facilities at the Mashpee DPW.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was noted the May 2008 Town Meeting approved the funding of $142,484 for the cost of the fuel depot. The remainder of funds for the intended project proposal would derive from the DPW budget.
Adjournment:
Motion made by Selectman Green to adjourn at 7:03 p.m. The Board will enter into Executive Session at this time for the purpose of discussing pending litigation. The Board will not reconvene in Open Session.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Cook, yes Selectman Green, yes
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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