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July 19, 2010
AGENDA

BOARD OF SELECTMEN

MONDAY, JULY 19, 2010


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

MINUTES


APPOINTMENTS & HEARINGS

6:30    Public Comment
        6:40    Request for One-Day Wine & Malt License – La Tavola
        6:45    Assistant Town Planner
  • Town Survey Results
  • Comprehensive Plan Update

COMMUNICATIONS & CORRESPONDENCE

  • October Town Meeting Warrant – Draft #1
  • US Department of Transportation – Planning Group Workshops

OLD BUSINESS

  • Town Road Taking Discussion
  • Cape Drive
  • Timberlane Shores
  • John’s Pond

NEW BUSINESS
        
  • Request to Fill Vacancy – Ambulance Billing Clerk – Fire & Rescue
  • New Law on 10 AM Sunday Sales by Restaurants, Hotels, Clubs & General On Premises Section 12 Liquor License Holders
  • Recommendation to Change Committee Membership – Environmental Oversight Committee
  • Review and Acceptance of Mission Statement – Environmental Oversight Committee


LIAISON REPORTS


EXECUTIVE SESSION





Board of Selectmen
Minutes
July 19, 2010

Present:                Selectman Cook, Selectman Cahalane, Selectman Richardson,
                Selectman Taylor, Selectman Sherman
                Town Manager Joyce Mason

                Meeting Called to Order by Chairman Cook at 6:30 p.m.
                Town Hall, Conference Room #1

                APPOINTMENTS AND HEARINGS:

                Public Comment:

With regards to road work recently performed on Lakewood Drive, William Marsters expressed dissatisfaction, and requested the Town respond to seven of the items listed on his punch list.

In response to the recent public forum on the road conversion process, Kenneth Quinn of Timberlane Drive indicated that he is disturbed the area residents do not want to repair the road.  Mr. Quinn presented
photographs to the Selectmen after the heavy rain of three large potholes in the road at the end of
Hemlock Drive.  Mr. Quinn stated the road is it presently exists is impassable, and that he has had ongoing
discussions with the Town with respect to this concern for the past five years.  It was noted the topic will be
further discussed on the Selectmen’s agenda.

COMMUNICATIONS AND CORRESPONDENCE:

October Town Meeting Warrant – Draft #1:

Draft #1 of the October Town Meeting Warrant was disseminated to the Selectmen for review.
It was agreed the Board would review the warrant in detail in early August.  To adhere to
posting requirements, the warrant will be finalized in early September.

A brief discussion followed with respect to two articles submitted by the Library Board of Trustees         requesting to raise and appropriate funds to create two 19-hour positions, a Circulation Assistant and a Reference Librarian.  

As a result in State Aid budget reductions, a $300,000 shortfall is projected for fiscal year 2011.

U.S. Department of Transportation – Planning Group Workshops:

Correspondence was received from the U.S. Department of Transportation dated July 7, 2010 inviting
the Town to participate in two scenario planning workshops to be held in the upcoming months to
review areas suited for growth and areas that should be preserved, concepts that may be integrated into
the local comprehensive growth and transportation plans of Cape Cod towns.

The Board of Selectmen agreed to recommend Bill Newton, the Assistant Town Planner as Mashpee’s representative to the Interagency Transportation, Land Use, and Climate Change Planning Group.

                APPOINTMENTS AND HEARINGS:

                Request for One-Day Wine & Malt License – La Tavola:

The Board was in receipt of a One-Day Wine & Malt License application for the annual La Tavola event      to be held on Friday, August 13, 2010 in SouthCape Village.  In the absence of a representative to discuss
the license application, the Selectmen deferred the request to the August 9, 2010 meeting.

COMMUNICATIONS AND CORRESPONDENCE:

Recycling Committee Update:

The Recycling Committee distributed t-shirts to the Board of Selectmen to promote Recycling Day, and requested the Board endorse Friday, August 20, 2010 as Recycling Day in the Town of Mashpee.
Flyers will be disseminated at the Transfer Station to promote the Single Stream Recycling Program.  
The Board of Selectmen was supportive of the request to endorse August 20th as Recycling Day, and to
encourage residents to participate in the recycling program.

APPOINTMENTS AND HEARINGS:

Assistant Town Planner:
Town Survey Results/Comprehensive Plan Update:

Bill Newton, the Assistant Town Planner was in attendance to review with the Board of Selectmen,
the Town of Mashpee Comprehensive Plan Public Opinion Survey and to update the Board on the Local Comprehensive Plan.

It was noted that 683 residents responded to the public opinion survey.  The response percent of
residents residing in a single family home were 77.2%.  In general, the Town of Mashpee was deemed a   good place to live 51.1%, a good place to raise children 37.9%, and a good place to retire 42.0%.  In the
past twenty years, the quality of life in Mashpee has improved 40.8%.

The factors to keep families and young people from leaving Mashpee include; good jobs 65.9%, affordable housing 38.9%, recreational opportunities 59.2%, quality schools 41.2% public health/medical
facilities 50.5% and public safety/low crime rate 49.5%.

When asked if there is support for a Town bylaw restricting the use of phosphorus in fertilizers, the               response of yes was 72.2%.  The response was also favorable 58.9% when asked of support regarding the
development of publicly-owned wastewater collection and treatment facilities to reduce the level of     nitrogen, phosphorus and other pollutants in the bays and ponds.

The survey will be posted on the Town’s website for review in detail.

With regards to the Local Comprehensive Plan Mr. Newton indicated that initiatives are being taken with respect to Affordable Housing which includes a regional approach.  The second initiative of the Master Plan involves the Health & Human Services update and input is being sought from the Council on Aging and Human Services Department.  Economic Development is also under current review.  Mr. Newton will be working with representatives of the EDIC to gain additional input.

                OLD BUSINESS:

                Town Road Taking Discussion:
                Cape Drive, Timberlane Shores, John’s Pond:

In response to the public forum held on June 28, 2010 regarding the road conversion process of the       following roads: Timberland Shores, Cape Drive and John’s Pond private roads under consideration as    Town roads, the Selectmen determined that it is necessary to take action on Cape Drive as a result of the        poor road condition deemed impassable at times for public safety and school vehicles.

The Selectmen were in receipt of communication from Jim Curtis, manager for the Trustees of Pheasant         Run a condominium development on Cape Drive dated July 8, 2010 urging the Board to take action to take the road.  It was noted the Selectmen have not received any communication from the residents of   Timberland Shores or John’s Pond regarding this concern.  Discussion followed with regards to the poor conditions of the roads and the need to make necessary repairs.

It is estimated the total construction cost relative to the Cape Drive road taking is $259,423.  The maximum cost to be borne by 80 property owners is $3,242.79.

George Baker, Fire Chief urged the Selectmen to review the risk of public safety.  Cape Drive contains       a large multi-family wooden condominium unit which is deemed a high priority and a high risk in the    matter of public safety.  To assist the Selectmen with their deliberations, Chief Baker indicated there is a compelling argument to take Cape Drive for the public safety risk.  Chief Baker added that Hemlock Drive    is the worst passable road; however, there is an alternate access.  Cape Drive does not have an alternate entrance for access.

Motion made by Selectman Cahalane to support the taking of Cape Drive based on the policy    adopted by the Board of Selectmen, and support the preparation of an engineering plan, funds to derive from the engineering account for the Cape Drive road taking.
Motion seconded by Selectman Sherman.
VOTE:  4-1.  Motion carries.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, no
        Selectman Sherman, yes          Opposed, (1)

NEW BUSINESS:

Request to Fill Vacancy – Ambulance Billing Clerk – Fire & Rescue:

Chief Baker requested the Selectmen support the Position Vacancy Request for an Ambulance Billing     Clerk a 19 hours per week position.

Motion made by Selectman Cahalane to approve the Position Vacancy Request of the Fire   Department for an Ambulance Billing Clerk, 19 hours per week.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

                NEW BUSINESS:

New Law on 10 AM Sunday Sales by Restaurants, Hotels, Clubs & General On Premises Section 12 Liquor License Holders:

Correspondence was received from the Alcoholic Beverages Control Commission dated July 2, 2010 relative to the recently effected New Law on 10 AM Sunday Sales to any or all of the section 12 license holders in their community whether the license is a restaurant, hotel, general on premises, club or war veterans club license.

Approval of the discretionary hours of sale is not required, but an informational “Form 43” with the Sunday hours of sale should be sent to the ABCC.

It was agreed the Selectmen would set a nominal filing fee to process any requests for the first year only.  The Board also agreed to remit letters to the section 12 holders regarding this action and the required filing.

Motion made by Selectman Cahalane to “opt into” the new state law to grant an additional (1) hour of sale on Sundays, now starting at 10 AM to any or all of the section 12 license holders.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

Motion made by Selectman Taylor to set a $25 filing fee to process requests for the first year only.
Motion seconded by Selectman Sherman.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

NEW BUSINESS:

Recommendation to Change Committee Membership – Environmental Oversight Committee:

The Environmental Oversight Committee at their July 8, 2010 meeting voted to reorganize, and recommend the Board of Selectmen support the makeup to include; a representative from the Board of Selectmen who will serve as Chair, a representative from the Planning Board and Shellfish Commission along with four At-Large members.  If the representative from the Board of Selectmen, Planning Board or Shellfish Commission is unable to attend, an alternate shall be identified.  The EOC Committee is maintaining the permanent membership of seven, converting the Water District and School Committee positions to At-Large positions.

Motion made by Selectman Taylor to approve the new membership of the Environmental Oversight Committee as recommended.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

Review and Acceptance of Mission Statement – Environmental Oversight Committee:

The Board of Selectmen reviewed the Mission Statement of the Environmental Oversight Committee.  The EOC shall monitor and report to the Board of Selectmen the status of Mashpee’s ecological assets and progress on activities related to the regional environment.

Motion made by Selectman Richardson to approve the Mission Statement of the Environmental Oversight Committee as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none

LIAISION REPORTS:

EDIC Vacancies:

It was announced that two vacancies exist on the EDIC.  The vacancies will be duly advertised to seek interest in the area of real estate and industrial development.

Adjournment:

Motion made by Selectman Taylor to adjourn at 7:35 p.m.  
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cook, yes                     Selectman Cahalane, yes
        Selectman Richardson, yes               Selectman Taylor, yes
        Selectman Sherman, yes          Opposed, none


Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen