AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 23, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, April 9, 2012 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Update on Barnstable County HOME Consortium – Lorri Finton
6:45 Public Hearing – Willowbend Country Club
- Transfer of License to Southworth Willowbend LLC
- Change of Manager to Cathy Chauvin
- Change of Officers
6:50 Public Hearing – Wicked Restaurant
- Alteration of Premises – Expansion
7:00 Paul Nedzwiecki
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Road Betterment Recording Process
NEW BUSINESS
- Execution of Annual Election Warrant
- Recommendation for Abatement – Snead Drive
- Acceptance of Beach Concession Bid
- Abatement of Betterment Assessment
- Letter of Resignation for Acceptance – ZBA
- Letter of Resignation for Acceptance – EDIC
- Recommendation for Appointment - EDIC
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 23, 2012
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, April 9, 2012 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, April 9, 2012 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
APPOINTMENTS & HEARINGS:
Update on Barnstable County HOME Consortium – Lorri Finton:
Lorri Finton, Mashpee’s representative to the Barnstable County HOME Consortium was in attendance to update the Board of Selectmen on matters associated to the Consortium and its Advisory Council. The Consortium’s Advisory Council has been responsible for allocating the $12.8 million in federal HOME Investment Partnership funds that Barnstable County has received since 1994 for local projects. Funding has resulted in the creation of 829 affordable housing units in Barnstable County. Currently, 168 additional affordable housing units are under construction. Regrettably, as a result of budgetary constraints, HOME Consortium funding has been decreased by 25% this year.
HOME provides funding for the acquisition and rehabilitation of rental housing, homeowner repairs, rental assistance and first time homeownership. All funding is administered by the Housing Assistance Corporation. Affordable home projects funded by the grants are also monitored for compliance. The grants, up to $3,000 per unit are also required to be environmentally friendly and LEED certified. Projects include the funding of the Regional Ready Rental Program for the Cape’s workforce, a soft 2nd Loan Program for first time home buyers, and technical assistance programs which offer micro grants for projects such as field study and grant writing assistance.
In Mashpee, the HOME Consortium has recently awarded funding to the Housing Assistance Corporation (HAC) for the Mashpee Affordable Housing Feasibility Study. Additional affordable home projects grant funded include the Breezy Acres Expansion project and homes constructed in the Town of Mashpee by Habitat for Humanity. On Tuesday, May 1st, Paul Ruchinskas, Affordable Housing Specialist of the Cape Cod Commission is providing workshop training on the Next Chapter of the 40B Process.
Motion made by Selectman Cahalane to appoint Lorri Finton to the Barnstable County HOME Consortium for a term through January 31, 2015.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Town Manager’s Annual Evaluation:
It was noted that a subcommittee of the Board of Selectmen will be conducting the annual evaluation of the Town Manager. Members of the Board of Selectmen were invited to submit input by May 2nd to incorporate comments into the overall evaluation.
Cape Cod Regional Transit Authority – Route 130:
Tom Cahir, Executive Director of the Cape Cod Regional Transit Authority (CCRTA) will be attending an upcoming meeting to review the proposed route of the CCRTA through the Town of Mashpee.
APPOINTMENTS & HEARINGS:
Public Hearing – Willowbend Country Club – Transfer of License to Southworth Willowbend LLC, Change of Manager to Cathy Chauvin & Change of Officers:
The Board of Selectmen opened the Public Hearing on the request of Willowbend Development Corporation, d/b/a Willowbend Country Club, David Wood, Manager for the following:
- Transfer of Annual All Alcohol Commercial Club License to Southworth Willowbend LLC
- Change of Manager to Cathy Chauvin
- Change of Officers
The Hearing notice was read aloud into the record in accordance with posting requirements. In attendance were Jack McElhinney and Peter Alpert representing the Willowbend Country Club.
All necessary paperwork was in order for the Selectmen’s approval. Mr. McElhinney indicated there will be no significant changes to the staff or to the structure in the near future. The description of premise includes a two-story main building located at 100 Willowbend Drive, reception area, living room, kitchen, dining, bar lounge on lower level, front and rear exit/entrance, 6 additional exits/entrances, poolside seating adjacent to the grill room, seating for 73 tables, 500 chairs, 27 hole golf course, pool area, two guest villa buildings, 10th hole snack bar and sales from two golf carts.
It was disclosed the closing is anticipated on May 7th or 8th, 2012.
Being no public comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Cahalane to approve the request of Willowbend Development Corporation, d/b/a Willowbend Country Club, David Wood, Manager for the following effective May 7, 2012:
- Transfer of Annual All Alcohol Commercial Club License to Southworth Willowbend LLC
- Change of Manager to Cathy Chauvin
- Change of Officers
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Execution of Annual Election Warrant:
Correspondence was received from the Town Clerk dated April 10, 2012 relative to the Annual Town Election to be held on May 19, 2012.
Motion made by Selectman Richardson to approve and execute the Annual Town Election Warrant of May 19, 2012 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Recommendation for Abatement – Snead Drive:
It was disclosed the Director of Assessing has indicated that a parcel of land identified as 66-83-0-R, located at 0 Snead Drive has been assessed a betterment as part of the Quashnet Road conversion. The parcel is and has been a golf hole at the Quashnet Valley Gold Course since fiscal year 1996 and should not be assessed. Mr. Streebel, Director of Assessing requested the Selectmen grant an abatement in the amount of $2,291.30.
Motion made by Selectman O’Hara to accept the recommendation of the Director of Assessing and grant an abatement to the parcel identified as 66-83-0-R, 0 Snead Drive, Mashpee in the amount of $2,291.30.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Wicked Restaurant – Alteration of Premises – Expansion:
Acting as the Licensing Authority for the Town of Mashpee, the Board of Selectmen opened the Public Hearing on the application of Wicked Restaurant, Inc., d/b/a Wicked, Robert Catania, Manager, for an alteration/expansion of premises for the All Alcohol Restaurant License. Property is located at 35 South Street, Building F2-2, Southcape Village.
Representatives from Wicked Restaurant were in attendance to discuss the license request with members of the Board of Selectmen. It was noted the current facility is 4,200 square feet. An additional 1,000 square feet is requested for a total of 5,200 square feet with a seating capacity of 153; seating for 25 outside area for beverages only. The additional space includes one emergency exit and office space.
All necessary paperwork was in order for the Selectmen’s approval. Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman O’Hara to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman O’Hara to approve the request of Wicked Restaurant, Inc. d/b/a Wicked, Robert Catania, Manager for alteration/expansion of premises for the All Alcohol Restaurant License located at 35 South Street, Building F2-2, Southcape Village, Mashpee for an additional 1,000 square feet, a total of 5,200 square feet as referenced.
Motions seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Acceptance of Beach Concession Bid:
Correspondence was received from Gus Frederick; Recreation Director dated April 17, 2012 recommending the Board award the Beach Concession Bid to Winterbottom Ice Cream, LLC of Wareham. The bid for the beach season of 2012 is $4,635. The bid submission for season 2013 is $4,774, and in 2014 $4,917. The bid for summer beach concessions at South Cape Beach, Attaquin Park, and John’s Pond is subject to an annual review.
Motion made by Selectman O’Hara to accept the bid from Winterbottom Ice Cream, LLC d/b/a Perry’s Last Stand in the amount of $4,635 for the 2012 summer beach concessions.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Yearly Recognition for Service – Town Board’s & Committee’s:
It was agreed the Board of Selectmen would recognize volunteers on the Town Board’s and Committee’s for their dedicated service to the Town of Mashpee.
APPOINTMENTS & HEARINGS:
Paul Nedzwiecki:
Paul Nedzwiecki, Executive Director of the Cape Cod Commission was in attendance to update the Board on the Commission’s role in Cape Cod wastewater management issues and other initiative projects of interest.
Restoring wastewater is one of the most significant environmental and regional concerns affecting Cape Cod. The Commission has been working on the development of a Regional Wastewater Management Plan (RWMP) for the past year which would introduce residents and policy makers to the science, challenges and potential solutions for managing wastewater in an efficient and cost effective method. The computerized program is under development and is expected to be completed in December. The program will allow for the creation of a matrix of potential treatment options including alternative systems utilizing current land-use and water-use data and cost and rate projection modules.
Presently, Mr. Nedzwiecki and Andrew Gottlieb, Executive Director of the Cape Cod Water Collaborative are working on the RWMP. To assist with the dissemination of this information regionally, it is the intention of the Cape Cod Commission (CCC) to form a County Governance Committee that would create the regional wastewater management entity. The special commission would have taxation authority to fund the management and oversight of wastewater management projects. It is envisioned to be comprised of a member of the Board of Selectmen and/or Town Manager from each town on the Cape. The CCC is expected to remit a formal letter to applicable bodies with respect to this regard. Selectman O’Hara, a member of the Sewer Commission offered to serve on the committee.
Meetings are scheduled to be held in each of the 15 Cape Town’s on Saturday’s to discuss concerns regarding the wastewater issue, to obtain comment and to ensure the public has access to the factual information.
In other matters, Mr. Nedzwiecki indicated the Cape Cod Commission received a $500,000 Community Innovation Challenge grant to launch the OpenCape network, an automated e-permitting system which would allow participating municipalities to issue permits, licenses and inspection services.
On May 14th and 15th, the SmarterCape Summit is scheduled to be held at the Sea Crest Resort in Falmouth.
OLD BUSINESS:
Road Betterment Recording Process:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
In accordance with MGL, Chapter 80, Section 12, assessments made under this chapter shall constitute a lien upon the land assessed. The lien shall take effect upon the recording of the order stating that betterments are to be assessed for the improvement. If a town elects to send notice to the owner of the land assessed indicating the amount of the assessment for the betterment, and the owner pays the amount due, no lien shall be recorded.
It was noted that approximately 20% of Mashpee residents tend to pay the betterment to alleviate interest from accruing. The payment of the betterment is shown on the tax bill and no further notation or demand is made on the assessed land. There is a $75 release fee imposed by the Barnstable County Registry of Deeds to dissolve the lien. The Collector of Taxes shall charge $4 for each certificate issued, and the funds are deposited into the Town treasury.
If the Town were to defer the recording for 30 days, a vote would be required to approve Section 12 of Chapter 80 at the October 2012 Town Meeting.
NEW BUSINESS:
Letter of Resignation for Acceptance – ZBA:
Correspondence was received from Robert Nelson dated April 10, 2012 resigning from his position on the Mashpee Zoning Board of Appeals. Mr. Nelson has shown his dedication to the Town by serving on the ZBA for the past 18 years. His time and effort has represented the Mashpee community well with his knowledge and experience.
Motion made by Selectman Richardson to accept the resignation of Robert Nelson from the Zoning Board of Appeals with deep regret.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Letter of Resignation for Acceptance – EDIC:
Robert Walsh remitted an email to the Board of Selectmen dated April 17, 2012 resigning from the EDIC Board effective immediately.
Motion made by Selectman Richardson to accept the notice of resignation from Robert Walsh from his position of the EDIC Board.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Recommendation for Appointment – EDIC:
At their last meeting, by a unanimous vote the EDIC voted to recommend the appointment of Ken Marsters to the EDIC Board. Correspondence was received from Ken Marsters via email dated April 6, 2012 requesting consideration to be appointed to the EDIC Board.
Motion made by Selectman Sherman to appoint Ken Marsters to the EDIC Board.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISION REPORTS:
Recycling: It was noted the May 2012 Petition Article relative to the establishment of the Mashpee Transfer Station Enterprise Fund is expected to be indefinitely postponed on Town Meeting floor.
The textile recycling initiative which re-uses or re-processes used clothing, fibrous material, carpets, tires and clothing scraps is presently being explored, and will be further detailed at a later meeting.
Cape Cod Wastewater Collaborative: The Collaborative is on task with endeavors relative to water and wastewater management efforts. The Collaborative is accepting comment until April 30th on its proposed review of the modeling procedures used in the Massachusetts Estuaries project.
Schools: Upcoming is the election of new School Committee members with the impending Town Election next month.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:30 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing the Media Access Agreement. The Board will re-convene in Open Session following discussion.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, 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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