AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 28, 2008
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, April 14, 2008 Regular Session
Tuesday, April 22, 2008 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – MPG Corporation, d/b/a Rapid Refill Convenience
Application for Annual Wine & Malt Package Store License
6:50 Public Hearing – Mashpee Oriental, Inc., d/b/a Asia Palace
Application for Annual All Alcohol Restaurant License
6:55 Douglas Storrs – Mashpee Commons
COMMUNICATIONS & CORRESPONDENCE
1) Town of Falmouth – Regional Wastewater Management Planning
OLD BUSINESS
NEW BUSINESS
1) Approval & Execution of Deeds – Mashpee Wampanoag Tribe
2) Request of Carbo’s Grille & Bar – Keno License
3) Recommendation for Member Removal – Human Services Committee
4) Acceptance of Resignation – Board of Health
5) Approval Request for Fishing Event – Leisure Services
6) Request for Change Order # 1 – Fire Substation
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 28, 2008
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
Due to technical difficulties, the meeting was not taped.
Monday, April 14, 2008 Regular Session:
Minutes amended, page six under Benefit Memorial Ride.
Correct date is April 19, 2008.
Motion made by Selectman Myers to approve the Regular Session
minutes of Monday, April 14, 2008 as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Tuesday, April 22, 2008 Regular Session:
Motion made by Selectman Myers to approve the Regular Session
minutes of Tuesday, April 22, 2008 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Approval and Execution of Deeds – Mashpee Wampanoag Tribe:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Pursuant to the vote taken under Article 2 of the April 7, 2008 Special Town Meeting Warrant, the deeds for the conveyance of land with buildings thereon referred to as the Old Indian Meetinghouse and Parsonage was presented to the Selectmen for execution.
It was disclosed the deeds were in order for the Board’s approval. Both parties were noted to be in agreement with the documents as presented.
In attendance were Tribal Council Chairman Shawn Hendricks and Tribal Council Vice-Chairman David Pocknett with their respective counsel William McDermott.
Motion made by Selectman Cahalane to approve and execute the Deeds for the conveyance of land to the Mashpee Wampanoag Tribe with buildings thereon known as the Parsonage and Old Indian Meetinghouse on this date, Monday, April 28, 2008.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
The documents were duly notarized by René Read, Assistant Town Manager. Mr. Hendricks briefly expressed sincere appreciation to the Selectmen for the conveyance of the described properties to the Mashpee Wampanoag Tribe.
Request of Carbo’s Grille & Bar – Keno License:
Ed Riccardi, owner of Carbo’s Grille & Bar was in attendance to request the Selectmen approve his application submitted to the Massachusetts State Lottery Commission for a Keno license. In accordance with Section 27A(b), a city or town must discuss the issue in an open meeting and take official action regarding the Keno application.
Motion made by Selectman Cahalane to approve and recommend the Keno license for Carbo’s Grille & Bar, 681 Falmouth Road, Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
NEW BUSINESS:
Recommendation for Member Removal – Human Services Committee:
Due to lack of attendance, Beth Johnson was recommended to be removed from the Human Services Committee. Correspondence was received from Mary Scanlon, Chair of the Human Services Committee with respect to this regard.
Motion made by Selectman Cahalane to remove Beth Johnson from the Human Services Committee as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Board of Health:
The Selectmen were in receipt of a resignation dated April 14, 2008 from Board of Health member Glenn Santos effective May 15, 2008. Mr. Santos served on the Board of Health for eight years.
Motion made by Selectman Cahalane to accept the resignation of Glenn Santos from the Board of Health with regret, and remit a letter of appreciation to Mr. Santos on behalf of the Board of Selectmen for his time served as a member of the Board of Health.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Approval Request for Fishing Event – Leisure Services:
A Special Permit application was received from James Halpin for a Charity Fishing Event to be held on Mashpee/Wakeby Pond on Saturday, August 17, 2008. The “Cast for Kids” is a non-profit organization whose sole purpose is to get children who might not otherwise get a chance to fish out on the water. The intent is to draw child anglers from the May Institute in Mashpee.
The Selectmen agreed to stipulate as a condition of approval, the event must be open to all Mashpee children.
Correspondence was received from the Leisure Services Department dated April 23, 2008 recommending approval.
Discussion followed regarding potential conflict with the boat ramp and beach area during the intended summer date for the charity event. It was agreed that further information would be obtained prior to the Selectmen’s approval. The topic will appear on the Selectmen’s May 19th agenda.
APPOINTMENTS AND HEARINGS:
Public Hearing – MPG Corporation, d/b/a Rapid Refill Convenience Application for Annual Wine & Malt Package Store License:
The Board of Selectmen opened the Public Hearing on the application of MPG Corporation, d/b/a Rapid Refill Convenience, 414 Nathan Ellis Highway, Mashpee for an Annual Wine & Malt Retail Package Store License; Proposed Manager Susan L. Carvalho.
The Hearing notice was read aloud in accordance with posting procedures. Attorney Kevin Kirrane was in attendance with principal owner of MPG Corporation, Bruce Garrett to discuss the license application with the Board of Selectmen.
Mr. Kirrane presented photos of the facility to the Selectmen and indicated the MPG has a comprehensive training program to reinforce this training with existing training for employee’s while self monitoring its enforcement of underage drinking. An affidavit of notice to abutters was also presented to the Board under the requirements of the license application.
The subject premise is a 4,100 square foot convenience store with gasoline service. The store sells convenience items offering a full service deli.
Presently, the facility is open from the hours of 5:00 a.m. to 12:00 p.m. Surveillance cameras are installed in the store and a lock with secure covers would conceal the alcoholic beverages during non-approved hours of sale. It was disclosed the MPG Corporation intends to sell wine & malt beverages only and does not have interest in the sale of full service alcohol.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to grant an Annual Wine & Malt Retail Package Store License to MPG Corporation, d/b/a Rapid Refill Convenience, Manager Susan L. Carvalho, 44 Nathan Ellis Highway, Mashpee. The Hours of Operation shall be in accordance with the State License Hours for the Sale of Alcoholic Beverages.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Public Hearing – Mashpee Oriental, inc., d/b/a Asia Palace Application for Annual All Alcohol Restaurant License:
The Board of Selectmen opened the Public Hearing on the application of Mashpee Oriental, Inc., d/b/a Asia Palace, Meina Ko, Manager, for an All Alcohol Restaurant License, 3 Greene Street, Mashpee Commons, Mashpee.
The Hearing notice was read aloud in conformance with posting requirements. Attorney Kevin Kirrane was in attendance to discuss the license application with the Board of Selectmen. Meina Ko, Manager was also present with Lina Yang and Si Paui Hong. It was noted that Ms. Hong is an owner of the Peking Palace in the Town of Falmouth.
Mr. Kirrane presented an affidavit to the Selectmen relative to notice to abutters, a requirement of the license application.
The subject site of the Asia Palace is the former location of Jade Restaurant and the recent Paper Moon establishment. It was confirmed the all alcohol restaurant license was surrendered to the Town of Mashpee by the former license holder.
The new owners are presently conducting interior improvements to the new facility intended to be open in mid- June 2008 from the hours of 11:00 a.m. until 12:00 p.m.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Taylor to approve the application of Mashpee Oriental, Inc., d/b/a Asia Palace, Meina Ko, Manager, for an All Alcohol Restaurant License, 3 Greene Street, Mashpee Commons.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Doug Storrs – Mashpee Commons:
Doug Storrs, Vice-Presidents of Mashpee Commons, LLP was in attendance to address the long-term plan for the neighborhoods of East Steeple Street and Trout Pond which includes North Market Street with the goal of entering into a Development Agreement with the Town and Cape Cod Commission.
Mr. Storrs discussed the procedure and requested the Selectmen endorse the Development Agreement process and the establishment of a Study Committee (similar to the successful Jobs-Whitings neighborhood process) on the creation of the plan and Development Agreement. It was noted the deemed subcommittee is an extension of the Planning Board.
Mr. Storrs explained there is a need for broad representation due to the Cape Cod Commission role and multiple board involvement as the Development Agreement must ultimately be endorsed by Town Meeting.
Motion made by Selectman Myers to endorse the Development Agreement process for the North Market Street, East Steeple Street and Trout Pond Neighborhoods, and endorse the establishment of a subcommittee process, an extension of the Planning Board as referenced. The Selectmen agreed to send a letter of support to the Planning Board with respect to the establishment of a subcommittee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
COMMUNICATIONS & CORRESPONDENCE:
Town of Falmouth – Regional Wastewater Management Planning:
Correspondence was received from the Town of Falmouth, Department of Public Works dated April 10, 2008 regarding regional wastewater management planning.
The Town of Falmouth is proceeding with Comprehensive Wastewater Management Planning for its south coast watersheds that extend from Little Pond to Waquoit Bay. As part of the project, three alternative management scenario’s using alternative treatment sites have been developed.
One scenario includes a new wastewater treatment facility located at the site of the former Otis wastewater treatment facility. The letter was also remitted to the Town’s of Bourne and Sandwich, towns surrounding the Massachusetts Military Reservation to determine if there is interest in reserving capacity at the potential Otis treatment site.
Motion made by Selectman Myers to endorse the concept of working with the Town of Falmouth and/or other town’s surrounding Mashpee with regards to wastewater treatment facilities.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request for Change Order #1 – Fire Substation:
Fire Substation Change Order #1 in the amount of $5,238 was presented to the Selectmen for review and approval. The Town Manager justified the change order as presented. It was noted the Planning & Construction Committee is supportive of the change order as presented.
Motion made by Selectman Cahalane to approve Fire Substation Change Order #1 dated April 10, 2008 in the amount of $5,238.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to authorize the Chairman of the Board of Selectmen to execute Change Order #1 on behalf of the full Board of Selectmen.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
COMMUNICATIONS & CORRESPONDENCE:
Skateboard Park – Public Hearing:
It was agreed the Selectmen would hold a Public Hearing on the present skateboard park site to consider secondary uses for the property.
Adjournment:
Motion made by Selectman Myers to adjourn at 7:34 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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