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October 21, 2013
AGENDA

BOARD OF SELECTMEN

TOWN MEETING

MONDAY, OCTOBER 21, 2013


6:30 p.m. - Convene Meeting – Mashpee High School – Main Office Conference Room

        
NEW BUSINESS

  • Approval of Town Manager Contract
  • Ratification of Special Events Application – Yellow Boots Event
  • Town Meeting Warrant Review
  • Boys & Girls Club Fundraiser – Approval of One Day Liquor License
EXECUTIVE SESSION

  • Pending Litigation:
                Town of Mashpee and South Cape Resort Club & Community
                
























Board of Selectmen
Minutes
October 21, 2013

Present:        Selectman Cahalane, Selectman Richardson, Selectman O’Hara,
                Selectman Taylor, Selectman Sherman
                Town Manager Joyce Mason
                Assistant Town Manager Tom Mayo

                Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
                Mashpee High School, Main Office Conference Room

                NEW BUSINESS:

                Approval of Town Manager Contract:

Previously, the Board of Selectmen voted in Executive Session to approve the extension of the Town Manager’s contract.  To formally approve the agreement, the Board motioned as follows;

Motion made by Selectman Sherman to ratify the extension of the three-year contract for Joyce Mason as Town Manager.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cahalane, yes         Selectman Richardson, yes
        Selectman O’Hara, yes           Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none















Board of Selectmen
Minutes
October 21, 2013

NEW BUSINESS:

Ratification of Special Events Application – Yellow Boots Event:

A Special Events Application was received from a Disaster Relief Organization known as Yellow Boots to hold a walk/run in honor of all Veteran’s on November 9, 2013.  The Yellow Boots “Walk a Mile” is proposed to begin at Heritage Park to the Veteran’s Memorial Garden and back followed by a family day that will include music, face painting, and food.  The event is planned from 11:00 a.m. to 3:00 p.m. at the Heritage Park recreational facility.

To allow for advertising, the Town Manager gave conditional approval to the Special Events application pending the Selectmen’s final decision.

Motion made by Selectman Sherman to ratify the Special Events application of Jenny L. Jordan for the Yellow Boots Event as specified.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.                 
        
Roll Call Vote:
        Selectman Cahalane, yes         Selectman Richardson, yes
        Selectman O’Hara, yes           Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none




















Board of Selectmen
Minutes
October 21, 2013

NEW BUSINESS:

        Boys & Girls Club Fundraiser - Approval of One-Day Liquor License:

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

Roll Call Vote:
        Selectman Cahalane, yes         Selectman Richardson, yes
        Selectman O’Hara, yes           Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

The Board of Selectmen reviewed a late-filed application received from the Boys & Girls Club of Cape Cod for a one-day beer and wine license to compliment a food tasting on Wednesday, October 30, 2013.  The fundraiser is planned to be held at the former site of the Tea Shoppe located at 26 Steeple Street, Mashpee from 5:30 p.m. to 8:00 p.m.

Ruth Provost, Executive Director of the Boys & Girls Club was in attendance to discuss the license application with members of the Board of Selectmen.  Being no comment, the Board motioned as follows;

Motion made by Selectman Taylor to approve the application of the Boys & Girls Club for a One Day Liquor License, beer and wine only on Wednesday, October 30, 2013 as referenced.
Motion seconded by Selectman O’Hara.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cahalane, yes         Selectman Richardson, yes
        Selectman O’Hara, yes           Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none
  






Board of Selectmen
Minutes
October 21, 2013

                Town Meeting Warrant Review:

The Board of Selectmen conducted a final review of the Annual Town Meeting Warrant of October 21, 2013.  Town Counsel, Patrick Costello was in attendance as was Jeremy Carter, the Town Moderator, and Ed Larkin the Deputy Town Moderator.

Finance Committee members in attendance included Mark Davini, Theresa Cook, Charles Gasior, George Schmidt, and Christopher Avis.

Article #10 of the ATM warrant relative to $650,000 in Community Preservation funding for the Great River Boat Ramp Improvement Project was discussed.  The project as outlined includes the reconstruction of the ramp and landing, the pier and attached floating docks, and engineering & design to reconstruct and enlarge the parking lot with improvements to drainage and bio-retention.  The Board of Selectmen previously voted 4-1 to not recommend the article.  The Finance Committee formerly voted 3-2 with 2 members absent to not recommend the article.

Selectman O’Hara, a member of the Community Preservation Committee indicated that earlier he was concerned with the financials and funding of the project.  After reviewing this matter further, Selectmen O’Hara disclosed that his is comfortable with the project moving forward.

Upon review, it was agreed the article would move forward as it is presently entered to allow the voters determine its outcome.  If it is deemed necessary, the Selectmen agreed to give justification as to why they voted against the article, and further if it appears the argument is strong against the project, the Board of Selectmen would amend the article to allow for the repair to the ramp and dock only.  The estimated cost to be verified by the DPW Director for the project if reduced is $215,000.

Motion made by Selectman Taylor to amend Article #10 of the ATM as referenced if the project appeared to be failing on Town Meeting floor, to include the ramp and dock repair only.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cahalane, yes         Selectman Richardson, yes
        Selectman O’Hara, yes           Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

Board of Selectmen
Minutes
October 21, 2013

                Town Meeting Warrant Review: (continued)

It was noted that Article #20 of the ATM relative to amending the bylaw to allow a Congregate Care or Assisted Living Facility would be amended on Town Meeting floor to read: less than two stories.

A brief discussion followed with respect to Article #1 to utilize bond proceeds from various private to public road conversion projects for projects of same currently proposed under the Capital Improvement Program, to be expended under the direction of the Board of Selectmen.

Projects identified for funding include the Quashnet School Parking lot and various twenty-year road projects in need of an upgrade.  It was disclosed that available funding cannot be used to pay down the debt.

Adjournment:

Motion made by Selectman Taylor to adjourn at 6:45 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 Sherman.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cahalane, yes         Selectman Richardson, yes
        Selectman O’Hara, yes           Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none


                                        Respectfully submitted,


                                        Kathleen M. Soares
                                        Secretary to the Board of Selectmen







IN THE MATTER OF EXECUTIVE SESSION

DATE:   10/21/13                                        

It is MOVED by:         Selectman Taylor                                                        

        That this governmental body hold an Executive Session.

A Roll was Called (see attached Roll Call).
The Clerk of this Executive Session was designated as:
                        
                        Selectman O’Hara                                                                

A quorum being present and a Majority having voted to go into Executive Session, the Chair states that:
        1.  This meeting Convened in Open Session and
                A. Notice and Posting of the Meeting was Given. OR                      (X)
                B. The Meeting is an Emergency Meeting.                                 (  )

        2. After the Executive Session, the Meeting
                A. Will Reconvene.                                                              (  )                            B. Will Not Reconvene.                                           (X)

        3. The Purpose or Purposes of this Executive Session are:
                A. To deliberate upon matters involving Individuals where the                                               Individuals involved have been notified in writing of the                                                 meeting and have not requested an open meeting, and                                                     regarding:
                        1. The Reputation and Character of the Individual.              (  )
                        2. The Physical Condition and Mental Health of the                                                          Individual.                                                 (  )
                        3. The Discipline or Dismissal of a Public Officer,
                            Employee, Staff Member or Individual.                               (  )
                        4. A Complaint or Charge brought Against a Public
                            Officer, Employee, Staff Member or individual.                      (  )
                B. To Deliberate upon Matters which, if done in Open Meeting, could                                         Detrimentally Affect the Position of the City, and regarding:
                        1. Collective Bargaining.                                               (  )
                        2. Strategy with respect to Collective Bargaining.                      (  )
                        3. Strategy with respect to Litigation                          (X)
                        4. The Purchase, Exchange, Lease or Value of Real
                            Property.                                                           (  )
                C. To Deliberate Matters regarding:
                        1. The Deployment of Security Personnel Devices                 (  )    
                        2. Allegations of Criminal Misconduct                           (  )
        
                D. To Comply with the Provisions of a General Law or Special Law or
                    Federal Grant in Aid Requirement, the Specific Law being:
                
                                                                                                       (  )
                

        4. All of the foregoing is hereby made part of the official Minutes of this Body.       (X)