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October 6, 2008
AGENDA
BOARD OF SELECTMEN
MONDAY, OCTOBER 6, 2008


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

        MINUTES

        Approval of the following:
                        Monday, September 22, 2008 Regular & Executive Sessions

APPOINTMENTS & HEARINGS


                6:30    Public Comment
                6:45    Cape Cod Commission – Paul Niedzwicki, Ernie Virgilio


        COMMUNICATIONS & CORRESPONDENCE

1)      Correspondence Regarding Willowbend Project  

OLD BUSINESS
        
1)      Textron Payout Discussion   

NEW BUSINESS
        
1)      Recommendation for Bid Acceptance – Class I, Type III Ambulance
2)      Recommendation for Bid Acceptance – Roof Replacement
3)      Acceptance of Resignation – Zoning Board of Appeals
4)      Application for Abatement – 70 Wintergreen Road
5)      Barnstable County Commissioners – Regional Services Survey
6)      Approval & Execution of State Election Ballot


MMR ISSUES


ENVIRONMENTAL OVERSIGHT COMMITTEE


EXECUTIVE SESSION


Board of Selectmen
Minutes
October 6, 2008

Present:        Selectman Cahalane, Selectman Taylor, Selectman Cook,
                Selectman Green, Selectman Myers
                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

                Due to technical difficulties, the meeting was not taped.

                MINUTES:

                Monday, September 22, 2008 Regular & Executive Sessions:

                Motion made by Selectman Cook to approve the Regular &
Executive Session minutes of Monday, September 22, 2008 as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.
Selectman Myers absent for vote.

APPOINTMENTS & HEARINGS:

Public Comment:

Mashpee Environmental Coalition member James Leonard distributed
copies of a new book by Thomas L. Freidman entitled Hot, Flat & Crowded; Why We Need a Green Revolution and How it Can Renew America.. Thomas Freidman, an Op-Ed columnist with the New York Times presents case studies in his book which show that Green oriented practices and technologies are the key to vitalizing our country.  Mr. Leonard suggested the Town take a leadership role in the Green Revolution.

COMMUNICATIONS & CORRESPONDENCE:

Correspondence regarding Willowbend Project:

The Selectmen reviewed communication from Chris Tufts of Mashpee dated September 28, 2008 relative to a new condominium development proposed for the Willowbend Country Club.  The project is located along an ancient way, Simons Road.  The plan at this time proposes to discontinue the layout of Simons Road.  In his letter, Mr. Tufts urged the Selectmen to conduct a site visit and vote against moving the ancient way.  It was noted that the proposal to move an ancient way would require a vote of the Board of Selectmen.  The development proposal at present is in its planning phase.  The Board agreed to defer the matter for a request from the Planning Board.

                Selectman Myers present.

                COMMUNICATIONS & CORRESPONDENCE:

South Cape Beach – Erosion:

A meeting is scheduled this Thursday at 9:00 a.m. to review erosion problems effecting South Cape Beach.  State Representatives are scheduled to attend the on-site meeting with the Town Manager, the Director of Public Works and Selectman representative Wayne Taylor.
A report to the Board of Selectmen will be forthcoming.

OLD BUSINESS:

Textron Payout Discussion:

The Selectmen discussed the potential use of settlement funds from Textron, a munitions manufacturer for its role in tainting the groundwater of the Massachusetts Military Reservation (MMR) and surrounding communities.  The State Executive Office of Energy and Environmental Affairs have recovered $1.3 million from Textron for distribution to the four Upper Cape towns.

An article appeared in the Cape Cod Times regarding the interest of the Town of Sandwich to use Textron funding to employ a consultant to review the town’s contribution to nitrogen loading in Popponessett Bay.  Sandwich does not have shoreline to the bay, but it is part of the watershed that contributes to the elevated nitrogen levels in Popponessett Bay.

Discussion followed regarding the Santuit Pond study and the related proposal recently received by ENSR to conduct the study.  The concept to use available Textron payout funding to review and study the conditions of all Mashpee ponds was also considered for efforts towards remediation.

The Selectmen agreed to request the Environmental Oversight Committee take the leadership role to develop a proposal of environmental concerns to include the Santuit Pond study with a broadened scope to include additional Mashpee ponds and other environmental needs for possible funding consideration.

An informational meeting will be held on October 15th at the Sandwich Library with the State’s Natural Resources Damages division to outline requests for Textron funding.  The money has to be used to “restore, replace or acquire equivalent of the injured resources.”

COMMUNICATIONS & CORRESPONDENCE:

Review of Tax Takings:

It was agreed the Board would schedule a meeting in November to review tax-taken properties owned by the Town of Mashpee.  The Town Manager recommended the Board consider a publicly advertised auction to generate additional revenue for the Town.  Ms. Mason indicated that she would like to have the properties for sale in December and complete the process by mid-April.

APPOINTMENTS & HEARINGS:

Cape Cod Commission – Paul Niedzwicki, Ernie Virgilio:

Mashpee’s representative to the Cape Cod Commission (CCC) Ernest Virgilio was in attendance with Heather McElroy, CCC Natural Resource Planner and CCC Master Planner Sharon Rooney to discuss the Regional Land Use Vision Map project with members of the Board of Selectmen.  Also present was Brian Nickerson the Chief Planner for the MMR.
Mr. Neidzwicki was unable to attend the meeting.

The Regional Land Use Vision Map is being developed by the CCC to identify resource protection areas that require additional planning or where significant change may not be appropriate.  The local planning departments are submitting information for the project regarding sensitive resources and existing patterns of development to identify discrete areas to focus growth and redevelopment efforts.

A draft Mashpee Land Use Vision Map as approved by the Planning Board was presented to the Board for review.  The majority of the map identified a large portion of Mashpee as a resource protection area.  Additional areas depicted on the map contained the economic center, industrial trade areas, villages, and the MMR labeled as “other.”

Upon review of the proposed vision map, it was noted that it was developed in accordance with the Town’s Local Comprehensive Plan.  However, the Selectmen found several discrepancies.  Items not shown on the map include the absence of property around the Mashpee rotary that would be identified in the economic center designation and industrially zoned areas in the vicinity of Echo Road.  There were also inconsistencies when reviewing the Town’s zoning map.

Ms. McElroy indicated that in addition to creating a growth policy vision for Cape Cod, the Regional Land use Vision Map guides the application of new, flexible Development of Regional Impact (DRI) thresholds.  In summary, DRI thresholds may be raised in designated growth areas.

With the adoption of the Town’s draft map, it is incorporated into a Regional Land Use Vision Map and forwarded to the Barnstable County Assembly of Delegates for adoption.

Brian Nickerson indicated that he would have preference to identify portions of the MMR as industrial service trade areas, but for today the “other” designation would suffice with hopes that it would change in the future.

In concern towards the inaccuracies of the vision map, the Selectmen agreed to not include Mashpee’s vision map at this time.  It was agreed that a joint meeting would be conducted with the Selectmen and Planning Board to include the Fire Chief and representatives from the MMR in early November to further review the vision map for the Town of Mashpee.

NEW BUSINESS:

Recommendation for Bid Acceptance – Class I, Type III Ambulance:

George Baker, Fire Chief was in attendance to recommend the Board award the bid received from Greenwood Emergency Vehicles, Inc. of North Attleboro for a new 2008 model year ambulance.  The ambulance, a part of the CIP Program is funded by the ambulance receipts account.

Motion made by Selectman Cook to accept the bid of Greenwood Emergency Vehicles, Inc. in the amount of $168,809 for a Class I, Type II Ambulance as identified.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Recommendation for Bid Acceptance – Roof Replacement:

Correspondence was received from Catherine Laurent; Director of Public Works dated October 1, 2008 recommending the Selectmen award the bid for the replacement of the asphalt shingle roof at Town Hall to JJS Universal Construction Company of Dudley, MA.

Motion made by Selectman Cook to award the Town Hall Roof Replacement Bid to JJS Universal Construction Company in the amount of $45,000.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

Acceptance of Resignation – Zoning Board of Appeals:

The Selectmen were in receipt of a resignation from Zella Elizenberry dated September 29, 2008 resigning from the Board of Appeals.

Motion made by Selectman Green to accept with regrets, the resignation of Zella Elizenberry from the Zoning Board of Appeals.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Ms. Elizenberry was very active and dedicated to the Town serving on multiple committees.  The Selectmen requested that a letter of appreciation at minimum be remitted to Ms. Elizenberry for her service to the Town of Mashpee.

Application for Abatement – Wintergreen Road:

Jason Streebel, Director of Assessing remitted communication to the Board dated September 22, 2008 requesting the Selectmen grant abatement to Mr. Dell’Olio 70 Wintergreen Road due to a duplicate billing error identified as a result of having both Land Court and Registry of Deeds, registered and un-registered land.

Motion made by Selectman Cook to approve the abatement application of Mr. Dell’Olio, 70 Wintergreen Road as presented.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

Barnstable County Commissioners – Regional Services Survey:

Correspondence was received from the Barnstable County Commissioners dated September 24, 2008 relative to regionalism and improving the delivery of local services through cooperation.

The Selectmen deferred the matter for additional review.

Approval and Execution of State Election Ballot:

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

Motion made by Selectman Cook to approve and execute the State Election Ballot.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

ENVIRONMENTAL OVERSIGHT COMMITTEE:

The EOC is scheduled to meet with the Board of Health to discuss Town wide recycling.  

Adjournment:

Motion made by Selectman Green to adjourn at 7:33 p.m.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen