AGENDA
BOARD OF SELECTMEN
MONDAY, OCTOBER 29, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, September 24, 2007 Regular and Executive Sessions
Monday, October 1, 2007 Regular and Executive Sessions
Monday, October 15, 2007 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
Domestic Violence Awareness Month - Proclamation
6:40 Public Hearing - Mashpee Christmas Parade
6:50 Planning & Construction Committee – Clearing for Fire Station Project
7:00 Sewer Commission
7:15 Lincoln Way Realty Trust
COMMUNICATIONS & CORRESPONDENCE
1) Correspondence from EDIC – Membership
2) American Heart Association – Cape Goes Red 2008
3) Cape Cod Commercial Hook Fishermen’s Association (CCCHFA)
OLD BUSINESS
NEW BUSINESS
1) Recommendation for Appointment – Constable
2) Review and Execution of Agreement – Mashpee Water District
3) Review and Execution of Conservation Restriction – Orenda Wildlife Trust, Inc.
4) Cable Contract Renewal Process
5) Review and Execution of Order of Taking – Wintergreen Road
6) Performance Evaluation – Town Manager
7) Budget Discussion
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
October 29, 2007
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manage René Read
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, September 24, 2007 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, September 24, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
Monday, October 1, 2007 Regular and Executive Sessions:
The minutes were amended to reflect on the topic: Joint Appointment Planning Board. The typo was to be corrected on the roll call vote to read: Thomas O’Hara.
Motion made by Selectman Cahalane to approve the Regular and Executive Session minutes of Monday, October 1, 2007 as amended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
Monday, October 15, 2007 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, October 15, 2007 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
Domestic Violence Awareness Month – Proclamation:
Correspondence was received from the Cape & Islands Regional Domestic Violence Council dated October 16, 2007 requesting the Selectmen approve a proclamation relative to domestic violence. October is Domestic Violence Awareness Month.
Motion made by Selectman Myers to accept the Proclamation to endorse the month of October as National Domestic Violence Awareness Month.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Correspondence from EDIC – Membership:
The EDIC is seeking to fill two vacancies on the Board of Directors. Massachusetts General Law requires that one of the two vacancies be filled by an individual with a real estate background and the other to be appointed as a member-at-large.
The Board of Selectmen were requested to approve the idea of contacting the leadership of the Mashpee Wampanoag tribe in an effort to encourage their suggestion of an individual with either a real estate background or as a member-at-large to apply to the Selectmen for consideration to serve as a member of the EDIC. A draft letter to the Tribal Council was enclosed. The memorandum was reviewed and approved by the Selectmen as presented.
American Heart Association – Cape Goes Red 2008:
Melinda Gallant, Division Director of the American Heart Association remitted communication to the Town Manager regarding the Cape Goes Red 2008 event, a part of the AHA’s women’s health initiative. Mashpee was requested to join as a community partner in their efforts.
Since 1963, the month of February has been designated as National Heart Month. Friday, February 1, 2008 is chosen as National Wear Red Day for Women. During the weeks of February 1 – 15, the goal of the AHA is to light up the Cape in red. Joyce Mason, Town Manager indicated the Town of Mashpee would again participate in the campaign. Last year, the program was a great success.
Cape Cod Commercial Hook Fishermen’s Association (CCCHFA):
Correspondence was received from the Cape Cod Commercial Hook Fishermen’s Association dated September 26, 2007 requesting the Selectmen support their efforts to educate citizens and local government on the current disconcerting practices of the Sea Herring Fishery. A sample letter of support was enclosed in the communication.
The Board of Selectmen took the matter under advisement. There was no action taken at this time.
MIA – Risk Management Meetings:
Discussion followed regarding the high amount of workers’ compensation claims in the School Department. As a result of increased workers’ compensation rates and claims, the Selectman agreed to request the School Department attend the MIA risk management/safety meetings in an effort to reduce expenditures. Information relative to the upcoming safety meeting sponsored by the MIA to be held on December 13, 2007 will be forwarded to the School Department seeking representation. It was noted the Police, Fire and DPW department presently attend the regular meetings regarding policy education and claim reduction.
NEW BUSINESS:
Recommendation for Appointment – Constable:
Rodney Collins, Chief of Police was in attendance to recommend the Selectman appoint Michael Winer to the position of Constable. In accordance with the Town’s population, the appointment is the last and final position available. In accordance with the Town by-law, the Town allows a maximum of one Constable per 1,000 residents. Presently the Town of Mashpee has ten Constables appointed.
Motion made by Selectman Taylor to appoint Michael Winer as Constable in the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Mashpee Christmas Parade:
The Board of Selectmen opened the Public Hearing on the application for the 2nd Annual Mashpee Christmas Parade. The parade will take place on Saturday, December 8, 2007 at 6:00 p.m. The Hearing notice was read aloud in accordance with posting requirements.
The parade route is intended as follows: Beginning at Commercial Street in the SouthCape Village (Roche Bros) parking lot, turn left onto Donna’s Lane, proceed across Route 28 to Jobs Fishing Road, turn right onto Steeple Street in Mashpee Commons, turn left onto Market Street, right onto North Street, right onto Greene Street, right onto Steeple Street, left onto Market Street, left into parking are, to continue to the rear corner; End.
Kevin Shackett and Margarete Mailho, parade organizers, were in attendance with Leisure Services Director Gus Frederick to discuss the license application with the Board of Selectmen. Rodney Collins, Chief of Police was also present for discussion purposes.
In an effort to alleviate public concern for safety during the evening parade traversing Route 28, the Selectmen requested assurance that safety aspects would be adequately addressed by the applicant and Police Department. Chief Collins discussed safety concerns. It was also noted the parade has trained volunteers to march with floats for safety purposes along the parade route. All floats are also required to display lighting.
As an alternative to promote safety and deter traffic, the Selectmen and Chief of Police agreed that additional Route 28 traffic would be diverted to Commercial Street, Mercantile Street and to Great Neck Road North. Advance communication through the media and signage would alert the public of the parade route to be held on December 8th.
It was noted that a night-time parade was considered by the committee this year as a way to promote additional family time at the Commons with the added excitement of Christmas lights.
Being no 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. 5-0.
Motion made by Selectman Cahalane to approve the application of the Special Events Committee for the 2nd Annual Mashpee Christmas Parade on Saturday, December 8, 2007 at 6:00 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Planning & Construction Committee – Clearing for Fire Station Project:
Catherine Laurent, Assistant Director of Public Works was in attendance with Planning and Construction Committee member Steve Cook to discuss the sub-clearing for the new Fire Substation in response to the Selectmen’s directive to minimize the clearing of trees.
The Board of Selectmen requested that some of the existing trees be saved to maintain a buffer at the Red Brook Road subject fire substation location.
It was disclosed that approximately 60,500 square feet, less than two acres is intended to be cleared for construction and safety. Within the 60,500 square foot layout is 30,000 square feet of building, pavement and sidewalk. The remainder of the cleared area will allow for retention basins, the septic system, utilities and the line of site for the driveways. It was disclosed that no specimen trees would be removed.
The distance of clearing adjacent to Red Brook Road is limited to a total of 230 linear feet of clearing. Included in the distance is a 50’ wide apparatus driveway. Additional landscape is proposed in the front of the building to minimize the impact of a large open space area. Rear and side buffer areas are also within the layout of the design to alleviate neighborhood concerns.
NEW BUSINESS:
Review and Execution of Conservation Restriction – Orenda Wildlife Trust, Inc.:
Mark, Robinson, Executive Director of The Compact of Cape Cod Conservation Trusts was in attendance on behalf of the Gottlieb Family and the Orenda Wildlife Land Trust to discuss the conservation restriction (CR) of the Gottlieb property to be recorded in perpetuity.
It was noted the Division of Conservation Services and the Mashpee Conservation Commission have reviewed and approved the document to form. The Mashpee Conservation Commission reported the area represents a significant connective wildlife corridor between Mashpee Wakeby Pond and the Mashpee Wildlife Refuge. The lot was also noted to be significant in terms of groundwater recharge functions.
The parcel of vacant land totals 0.58 acres is located at 109 Pickerel Cove Circle, Mashpee. The property is referred to as a kettle hole or dry depression with steep shoulders and banks. The intent of the grantor is to preserve the vacant lot in memory of Leonard Gottlieb and to safeguard the property from residential development.
It was disclosed the land in its present condition is not accessible for residential access.
Motion made by Selectman Cahalane to approve and execute the Conservation Restriction to Orenda Wildlife Trust, Inc. as presented.
Motion seconded by Selectman Green.
VOTE: 3-2. Motion carries.
Selectman Myers, Selectman Taylor in opposition.
Sewer Commission:
Sewer Commission members Tom Fudala and Don Desmarais were in attendance to discuss the wastewater facilities study, the related treatment facility at the Mashpee High School and the potential to combine the Water District and Sewer Commission with members of the Board of Selectmen and interested public. A representative from Stearns & Wheler was also present.
Mr. Fudala gave a detailed power point presentation of the Mashpee Watershed Nitrogen Plan. (enclosed)
The following objectives are deemed complete; Phase I: Data Review, Phase II Final Needs Assessment and Phase III Final Technology Screening Report.
Phase IV anticipated to be complete in February 2008 will consider the development of five detailed alternative scenarios for discussion and evaluation. The five scenarios under study are: existing WWTF’s remain and new WWTF’s are constructed to address the balance, existing WWTR’s are upgraded and expanded and new WWTF’s are added as needed, nitrex decentralized approach is considered, each town “on their own” a scenario and the review of centralized facilities.
With regards to the MHS treatment facility, it was noted there are issues pending relative to certification requirements, the cost of operating the facility and monitoring. Options considered by the School Committee include amending the terms of the discharge permit issued by DEP for the high school treatment plant. This would include revisions to the Zone II boundaries impacting the high school discharge facility. It was noted that scenarios are being developed and proposal are being configured for new private treatment plants at two neighboring properties, the Mashpee Village and an assisted living facility that may present a solution for the area.
The Selectmen took an active stance and recommended that a joint meeting be held with representation from the School Department, Sewer Commission, the Town Manager and Selectmen Sewer Commission liaison to offer support to ensure the MHS treatment plant is utilized to its potential. Town Counsel would also be requested to render an opinion regarding the mandates of the Town Charter as it relates to the operation of the high school treatment facility.
With regards to the additional matter of discussion relative to a potential merger of the Sewer Commission with the Water District, it was agreed Selectman Cahalane serving as Sewer Commission liaison would represent the Board in discussions. Additional representation would include the Town Manager, a Water District representative and a designee of the Sewer Commission.
Lincoln Way Realty Trust:
Ken Fowler, Managing Trustee of Lincoln Way Realty Trust, South Dennis was in attendance to present to the Board of Selectmen, a proposal for an affordable housing project off Cotuit Road in Mashpee.
It was noted the project engineer was unable to attend the meeting due to scheduling conflicts.
Mr. Fowler indicated to the Board that it is his intention to proceed with the proposed 40B project as a Local Initiative Project (LIP). It was disclosed, the Mashpee Affordable Housing Committee at their meeting of September 4, 2007 voted to support the Lincoln Way Affordable Housing Project as a Local Initiative Project.
The Affordable Housing Committee has requested the following for the affordable and moderate units; 70% local preference of affordable and moderate units and applicants for the 8 to 10 units should fall between 80% and 100% of the median income.
In the absence of a detailed schematic of the intended project scope, the Board of Selectmen agreed to re-visit the matter on November 19, 2007.
Review and Execution of Agreement – Mashpee Water District:
The Inter-Municipal Agreement between the Town and Mashpee Water District was presented to the Board for review and approval. Through negotiations, the Water District has agreed to pay the Town $20,000 per year for Assessing and Tax Collecting services. In addition, the Water District has agreed to abate and release the Town from any obligation to pay outstanding District Tax or Assessments due to any parcel of real property acquired by the Town on or before June 20, 2007.
Motion made by Selectman Taylor to approve and execute the Inter-Municipal Agreement between the Town of Mashpee and Mashpee Water District to have the Town provide assessing and tax collection services to the District for the three (3) year period commencing July 1, 2007 and ending June 30, 2010. The Mashpee Water District shall compensate the Town for such services in the amount of $20,000 per year.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Cable Contract Renewal Process:
The Board of Selectmen were in receipt of a draft letter from the Chairman notifying Comcast of the Town’s desire to proceed with the renewal process in accordance with the procedures of Section 626 of the Cable Act. The Town of Mashpee’s cable contract with Comcast is due to expire on November 29, 2009.
Motion made by Selectman Taylor to approve of the draft memorandum as presented to Comcast and move forward with the renewal process in accordance with formal procedures.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Review and Execution of Order of Taking – Wintergreen Road:
Motion made by Selectman Cahalane to approve and execute the Confirmatory Order of Taking of Wintergreen Drive by Eminent Domain.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Performance Evaluation – Town Manager:
The Board of Selectmen summarized the performance evaluation of Joyce Mason as Town Manager. The annual evaluation was noted to be based upon the Selectmen’s goals and objectives. Ms. Mason’s favorable evaluation gave her an excellent work ethic as she continues to improve her skills as Town Manager for the Town of Mashpee.
Budget Discussion:
The Town Manager gave a brief overview of the budget for the upcoming fiscal year. Departments have again been requested to level fund their expense budgets that will be presented to the Selectmen prior to the Thanksgiving holiday. It was noted the budget assumptions are reflective of step increases only. There are no contract settlements to date. Ms. Mason indicated that the tight budget will continue the hiring freeze for non-essential employees.
With regards to a challenging budget, the Selectmen related concern with respect to the School Department and new administrative salaries. In particular, the Superintendent of Schools is receiving a $6,000 annual in-state travel stipend. The Selectmen expressed concern to the pay increases for administration that is deemed out of the budgetary limits and outside of the classroom.
It was noted the School contracts were settled prior to the Town Manager’s budget directives to the Town Departments.
LIAISON REPORTS:
Environmental Oversight Committee:
The Board received an update of the Environmental Oversight Committee’s recent activities. An Environmental Club has been formed by students at the own accord at the Mashpee High School. There is a possibility of a stipend to fund a faculty member to advise the new club and assist in the coordination of their efforts.
The EOC has recommended that an RFP be developed to determine costs to identify and quantify the phosphorus sources degrading Santuit Pond. The Request for Proposal would outline a study that would require voter approval at a future Town Meeting. In response, the Selectmen requested the EOC consult Lindsay Counsell of the Town of Barnstable to discuss the possibility of conducting a joint effort management study to avoid duplication. It was noted that Lindsay Counsell is a member of the Barnstable Community Preservation Act Committee which is assisting the Town of Mashpee CPA to preserve the Santuit Pond Reserve.
The Environmental Oversight Committee is also working towards the improvement of the Town’s website to detail more information regarding environmental matters to the interested public.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:45 p.m. The Board will enter into Executive Session for the purpose of discussing contract negotiations, potential litigation and potential land acquisition. The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Myers, yes Selectman Green, yes
Selectman Taylor, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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