AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 22, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
For those who have given the ultimate sacrifice in defending our freedom.
MINUTES
Approval of the following:
Monday, April 8, 2013 – Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Letter of Thanks from Parents of Capt. Eric A. Jones, USMC
6:40 MMR – Update on Military Missions
7:00 Public Hearing: Transfer of Stock – Mashpee Oriental, Inc. d/b/a Asia Palace
7:10 Attorney Jack McElhinney - Willowbend/Simons Road Update
COMMUNICATIONS & CORRESPONDENCE
- Finally Dino’s Pizza & Dino’s Sports Bar – Seasonal Seating Change
- Town of Dudley – Request for Support/Chapter 70
- Community Commitment Award
- Auditor Correspondence
OLD BUSINESS
NEW BUSINESS
- Request for Daily Fee Increase – John’s Pond
- David Harsch – Ashumet Road Parcel Discussion
- Mashpee Wampanoag Rod & Gun Club – One-Day Liquor License:
Request for May 4, 2013 and June 1, 2013
- Request for Event – USA Kung Fu Academy/World Tai Chi Day
ADDITIONAL TOPICS
- Approval of Position Vacancy – Administrative Secretary BOS Office
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 22, 2013
Present: Selectman Richardson, Selectman Sherman, Selectman Taylor,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Richardson at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, April 8, 2013 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, April 8, 2013 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
Letter of Thanks from Parents of Capt. Eric A. Jones, USMC:
Correspondence was received from Cyndy Jones, Gold Star Parent of Captain Eric A. Jones, USMC dated April 15, 2013 relative to the Dedication of the Five Fallen Heroes of Mashpee, and the gratitude of Mr. and Mrs. Jones to the Town of Mashpee for their kindness and compassion to the Gold Star families.
For informational purposes, the letter was read aloud by the Chairman into the record.
Enclosure: Town Clerk’s official copy.
Board of Selectmen
Minutes
April 22, 2013
NEW BUSINESS:
Request for Event – USA Kung Fu Academy/World Tai Chi Day:
Sifu Michael DiMaggio, owner of the USA Fung Fu Academy of Mashpee was in attendance to request permission to gather at the Mashpee Community Park for the annual World Tai Chi Day event on April 27, 2013.
Approximately 50-70 participants including Tai Chi practitioners, students, instructors and others will gather at 10:00 a.m. to perform the Tai Chi form, a graceful art of meditative movement. Related events around the world can be found on the website www.worldtaichiday.org.
Applicable regulatory agencies have signed off on the request. Last year the demonstrated event wassuccessful. Mr. DiMaggio requested the Selectmen support the use of the Community Park from 9:30 a.m. to 11:30 a.m.
Motion made by Selectman Taylor to grant the USA Kung Fu Academy, Michael DiMaggio owner to use the Community Park on April 27th as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
April 22, 2013
NEW BUSINESS:
Request for Daily Fee Increase – John’s Pond:
Heidi McLaughlin, Mashpee Recreation Department was before the Board to request the daily fee for the use of John’s Pond be increased from $10.00 to $15.00 per day.
Ms. McLaughlin explained the fee has not been increased for the past five years when the Town first began allowing daily visitors. The fee is comparable to neighboring towns.
Ms. McLaughlin indicated there has been a significant amount of vehicles with trailers utilizing the parking lot after dropping off their jet skis. An increase in the fee at the pond may deter those bringing jet skis to the pond for recreational purposes. The Town has received numerous complaints regardingusers of jet skis setting up tents, barbequing on the beach, playing loud music and drinking alcohol. This has been a major concern of the area residents. Discussion followed with respect to this regard.
Motion made by Selectman Taylor to approve the fee increase for the daily use of John’s Pond to $15.00 per day, and prohibit trailer parking at the beach site.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Ms. McLaughlin stated the funds would be deposited into the Recreation Department’s Revolving Account to support the replacement of equipment and site furnishings at John’s Pond. It was agreed the Town Manager would discuss with the Town Accountant, the appropriate account to deposit the funding received from permit fees.
Board of Selectmen
Minutes
April 22, 2013
APPOINTMENTS & HEARINGS:
MMR – Update on Military Missions:
Massachusetts Military Reservation (MMR) commanders and their designees were in attendance to give an annual update on military missions and practices to manage the base. It was disclosed the MMR encompasses approximately 22,000 acres on Cape Cod and employs 3,690 personnel.
The management structure consists of a Joint Installation Partnership Agreement which consists of a Joint Land Use Study with the Cape Cod Commission and partnership with the bordering Cape communities. Currently, discussions have been ongoing with respect to wastewater management and energy sustainability.
With budget reductions, it is hopeful that new buildings and barracks would be constructed in addition to solar arrays underway and planned for future consideration. Two additional wind turbines are proposed for construction this year. At Camp Edwards, an eco-friendly copper range was recently installed, as was a new hanger and revetment was constructed to support new Coast Guard aircraft.
Enclosure: Commanders Update Briefing 4/22/2013 – Town Clerk’s Official copy
Public Hearing – Transfer of Stock – Mashpee Oriental, Inc. d/b/a Asia Palace:
The Board of Selectman acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the application of Mashpee Oriental, Inc., d/b/a Asia Palace, located at 3 Greene Street, Mashpee, Sharon Sipain Hong, Vice President, for a Transfer of Stock.
The Hearing notice was read aloud into the record in accordance with posting requirements. Sharon Sipain Hong was in attendance as was her counsel Attorney Daniel Goldrick to answer any questions the Board may have regarding the transaction request.
Mr. Goldrick indicated the transfer of stock was done inadvertently, and the applicant is before the Board to rectify this matter. It was noted the transfer of stock also requires approval from the Alcoholic Beverages Control Commission (ABCC).
All necessary information was contained in the Selectmen’s informational packet for approval.
Being no comment, the Board motioned to close the Public Hearing.
Board of Selectmen
Minutes
April 22, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Transfer of Stock – Mashpee Oriental, Inc. d/b/a Asia Palace: (continued)
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Cahalane to approve the application of Mashpee Oriental, Inc., d/b/a Asia Palace, 3 Greene Street, Mashpee Sharon Sipain Hong, Vice President, for a Transfer of Stock subject to approval from the Alcoholic Beverages Control Commission (ABCC).
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
April 22, 2013
APPOINTMENTS & HEARINGS:
Attorney Jack McElhinney – Willowbend/Simons Road Update:
Attorney Jack McElhinney was in attendance on behalf of the Willowbend Country Club to update the Board of Selectmen on the Simons Road Relocation project. The Board reviewed the “Plan of Land for Portion of Simons Road Roadway Discontinuance and Relocation Plan” as prepared by Baxter Nye Engineering dated April 16, 2013.
It was disclosed the “plan” represents a revised version of the original plan submitted with the proposed warrant for the May 2013 Annual Town Meeting. Attorney McElhinney indicated the revision represents a slight modification of the layout to accommodate additional parking spaces. The article would also be amended to reference the new date of the “plan” The portion of the public way of Simons Road is to be relocated to facilitate better access around the proposed development.
Motion made by Selectman O’Hara to approve the “Plan of Land for Portion of Simons Road Roadway Discontinuance and Relocation Plan” as dated April 16, 2013.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
April 22, 2013
NEW BUSINESS:
David Harsch – Ashumet Road Parcel Discussion:
David Harsch was before the Board representing the Mashpee Housing Authority to request the Selectmen support the Housing Authority’s request to conduct a feasibility study at the Ashumet Road parcel across from the Heritage Park Recreation facility.
It is the intent of the Housing Authority to fully fund the study through grants with the understanding the Town is not willing to commit to funding at this time.
The parcel is comprised of approximately 19 acres and has been identified by the Town Planner as a potential for a wastewater treatment discharge area. Currently, one acre has been set aside for the future dog park with a proposed second acre for the dog park.
Motion made by Selectman Taylor to support the request of the Mashpee Housing Authority to conduct a feasibility study at the 19.14 acre parcel on Ashumet Road with no commitment from the Town to transfer the land.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Mashpee Wampanoag Rod & Gun Club – One-Day Liquor License – Request for May 4, 2013 and June 1, 2013:
Correspondence was received from the Mashpee Wampanoag Rod & Gun Club requesting to use their liquor license on the date of May 4, 2013 for a clam boil and on June 1, 2013 for a fish fry. A representative was not present for discussion.
Motion made by Selectman Cahalane to approve the request of the Wampanoag Rod & Gun Club to use their liquor license on the date of May 4, 2013 as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
April 22, 2013
NEW BUSINESS:
Mashpee Wampanoag Rod & Gun Club – One-Day Liquor License – Request for May 4, 2013 and June 1, 2013: (continued)
The Board agreed to adhere the policy, whereas, the applicant must be in attendance to discuss the matter of a license request with the Board of Selectmen. Since a representative was not present, the matter of the June 1, 2013 license request was deferred to the next meeting.
COMMUNICATIONS & CORRESPONDENCE:
Finally Dino’s Pizza & Dino’s Sports Bar – Seasonal Seating Change:
The above referenced agenda topic was deferred to allow the applicant to apply for a change of premise and to submit paperwork for a future Public Hearing.
Town of Dudley – Request for Support/Chapter 70:
The Board of Selectmen reviewed communication from the Town of Dudley relative to the Chapter 70 formula. Recently, the Dudley Board of Selectmen filed legislation to amend Chapter 70, that any contribution over 2.5% shall require an override vote by the town at a ballot election.
The Board took the matter under advisement at this time.
Community Commitment Award:
It was announced the Board of Selectmen will be the recipient of the Community Commitment Award at the Chamber of Commerce awards dinner next month. It was noted the Board has been very active in the Mashpee Community this past year and is well-deserving of this award.
Board of Selectmen
Minutes
April 22, 2013
NEW BUSINESS:
Auditor Correspondence:
The Board of Selectmen conducted a review of the audit pertaining to the Report on Applying Agreed-Upon Procedures relative to Student Activity Funds for the period July 1, 2010 through June 30, 2011. Procedures in addition to findings and recommendations were detailed in the report compiled by the Town Auditor.
It was agreed this is a matter to be addressed by Dr. Hiersche, the new School Superintendent who is scheduled to assume his position on July 1st. Other matters of concern include oversights in the Special Education (SPED) budget.
Approval of Position Vacancy – Administrative Secretary BOS Office:
Motion made by Selectman Cahalane to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
The Town Manager respectfully requested the Board of Selectmen change the title of the vacant Administrative Assistant position in the BOS Office to that of an Administrative Secretary to the Selectmen’s Office at Step 1 of the intended pay scale. The savings is approximately $10,000.
Motion made by Selectman Cahalane to approve the Position Vacancy Request and Change of Title from Administrative Assistant to Administrative Secretary as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Board of Selectmen
Minutes
April 22, 2013
LIAISON REPORTS:
Dedication of Memorial Plaques: Last week, the VFW Post sponsored the Dedication of the Memorial plaques to honor Mashpee’s Fallen Heroes. The event was well-attended, and the Department of Public Works was recognized for site improvements at the Veterans Memorial Garden.
EDIC: The EDIC is marketing their property at the Mashpee Industrial Park.
Primary & Town Elections: Citizens were urged to vote on Tuesday.
Community Garden: Concerns regarding the clean-up of the gardens were addressed at the last Community Garden meeting. New regulations require a refundable deposit upon the clean-up of fall debris. In the event of a financial hardship, the fee can be waived by the Town Manager.
Affordable Housing Committee: An informational session with approximately 35 attendees was held at the Mashpee Library last week on the affordable housing feasibility study proposed at 209 Old Barnstable Road, Mashpee.
Volunteer Luncheon:May 16, 2013 at the Mashpee Library.
Constable of the Year: Richard York, was recently honored as Shellfish Constable of the Year in the State of Massachusetts.
Mashpee Chamber Magazine: The “All in Good Taste” magazine printed by the Mashpee Chamber of Commerce is now ready for dissemination.
Kiwanis Club: Volunteers attended the John’s Pond clean-up last Saturday.
Gun Return Program: Discussions are ongoing with the Chamber and Police Department regarding the issuance of gift certificates to those participating in the Gun Return Program to promote the positive activity.
Helping Hands: The September volunteer initiative sponsored by HAC is evolving.
Board of Selectmen
Minutes
April 22, 2013
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:39 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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