AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 4, 2007
6:00 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, May 14, 2007 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:00 Board of Health Candidate Interviews
Jocelyn McCree
Lewis Mantel, M.D.
6:30 Public Comment
6:50 Public Hearing (cont’d) – Jade Restaurant
Application for Transfer of License – Jipang, Inc., d/b/a Paper Moon
From Jade Restaurant
COMMUNICATIONS & CORRESPONDENCE
1) Notice of Resignation – Conservation Agent
2) Congress of the United States – Community of the Coast Guard Program
3) Massachusetts Municipal Association – Municipal Partnership Act Advocacy Kit
4) Town of Walpole – Chapter 40B
5) Annual Reappointments
OLD BUSINESS
1) Route 130 Safety Update
NEW BUSINESS
1) Liaison Assignments
2) Recommendation for Bid Acceptance –
- Great Neck Road South Sidewalk/Bikeway Extension
3) Request for Street Betterment Abatement
4) Code of Ethics for Boards/Committees/Commission
5) Ambulance Abatement Request Policy
6) Notice of Retirement – Zoning Board of Appeals
7) Recommendation for Reappointment – Sewer Commission
8) Cape Cod Free Clinic – Execution of Leasehold Mortgage
BLUE RIBBON COMMITTEE UPDATE
1) Final Report
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 4, 2007
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager Renè Read
Meeting Called to Order by Chairman Cook at 6:00 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, May 14, 2007 Regular and Executive Sessions:
Motion made by Selectman Taylor to approve the Regular and
Executive Session minutes of Monday, May 14, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cahalane absent for vote.
APPOINTMENTS AND HEARINGS:
Board of Health Candidate Interviews:
The Board of Selectmen interviewed two candidates to serve as a member of the Board of Health to fill the vacancy created by the resignation of Steven Ball. Letters of interest and resumes were before the Selectmen to assist with deliberations. In attendance was Board of Health member Lucy Burton, and Board of Health Agent Glen Harrington.
Jocelyn McCree:
Jocelyn McCree submitted a letter of interest dated May 9, 2007 to serve as a Board of Health member. Ms. McCree indicated that she has been a Mashpee resident for two years and is interested in re-connecting in the field of public health and to take on an active role in the Mashpee community. Ms. McCree holds a Masters Degree in Public Health. Her skills range from program management to health research. Most recently, Ms. McCree has worked as a Public Health Emergency Planner in Bristol County. Her background is strong in working with diverse groups to implement planning and developmental tasks.
Lewis Mantel, M.D.:
In response to advertisement seeking individuals to serve on the Board of Health, Dr. Lewis Mantel submitted a letter of interest dated April 26, 2007. Dr. Mantel indicated that he has served as a volunteer consultant to the Mashpee Board of Health and has interest in serving as a full member.
Dr. Mantel indicated that he is a retired Navy physician and holds a Master’s degree in public health. During his military and government career Dr. Mantel has had extensive experience in public health matters and preventative medicine. He is also well versed in emergency preparedness and response. He has assisted the Board of Health in preparation for emergency preparedness and has developed protocols in accordance with the Town’s comprehensive emergency plan.
Dr. Mantel, a seasonal Mashpee resident since 1970 has become a full time resident for the past three years. Dr. Mantel noted that he has considerable experience in reviewing plans and would offer his expertise in preparation of the pandemic flu and radiation at food establishments. Education was deemed a key responsibility of the Board of Health.
Deliberations:
It was unanimously agreed the Selectmen were considering two exceptional candidates for the Board of Health position.
Motion made by Selectman Taylor to appoint Dr. Lewis Mantel to the Board of Health for a three year term to expire 6/30/2010.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cahalane absent for vote.
COMMUNICATION AND CORRESPONDENCE:
Notice of Resignation – Conservation Agent:
Correspondence was received from Steven Solbo dated May 18, 2007 resigning from the position of Conservation Agent effective June 8, 2007.
It was agreed the position would be duly advertised. To ensure adequate coverage, Selectman Green, a past Conservation Commission member serving eight years offered his support during the interim.
Motion made by Selectman Green to accept the resignation of Steven Solbo from the Conservation Commission with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cahalane absent for vote.
Congress of the United States – Community of the Coast Guard Program:
The Selectmen were in receipt of correspondence from the Congress of the United States House of Representatives dated May 3, 2007 regarding the United States Coast Guard’s Community of the Coast Guard program.
The Selectmen agreed to recognize the professionalism of the Coast Guard men and women, and to welcome them into the Mashpee community. An effort is underway to designate all of Cape Cod as a Coast Guard Community. More information can be found at the Coast Guard’s Community web page www.uscg.mil/community/faq.htm.
Motion made by Selectman Green to send a letter to support the designation of the Town of Mashpee as a Coast Guard Community.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cahalane absent for vote.
Massachusetts Municipal Association – Municipal Partnership Act Advocacy Kit:
The Municipal Partnership Act Advocacy Kit dated May 15, 2007 from the Massachusetts Municipal Association was forwarded to the Board of Selectmen for endorsement.
Due to lack of full voting quorum, the matter was deferred to the June 18, 2007 Selectmen’s Meeting.
Town of Walpole – Chapter 40B:
Correspondence was received from the Town of Walpole dated May 17, 2007 relative to unfriendly 40B applications. A proposed letter in request of legislation to suspend Chapter 40B, the Comprehensive Permit law was included in the communication.
The Selectmen agreed to request Town Counsel, Patrick Costello render an opinion regarding the ramifications of the issue. The matter will be discussed at the Selectmen’s Meeting on June 18, 2007.
Annual Reappointments:
The Board of Selectmen reviewed the preliminary annual reappointment list for reappointments effective July 1, 2007 through June 30, 2008. It was agreed the final list would be presented to the Board at their June 18, 2007 meeting. It was recommended that all positions be re-advertised, and letters would be remitted to individuals to re-affirm their interest.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Ambulance Abatement Request Policy:
George Baker, Fire Chief was in attendance to discuss the Ambulance Billing Policy No. 053 with members of the Board of Selectmen. It was noted that input was obtained from comparable communities to develop the draft policy.
It was agreed the document would be further reviewed with the Fire Chief and placed on the Selectmen’s agenda of June 18, 2007 for a full voting quorum. The Finance Committee would also be requested to give input to the draft billing policy.
APPOINTMENTS AND HEARINGS:
Public Hearing (cont’d) – Jade Restaurant:
Selectman Cook stepped down for the above referenced Hearing. Selectmen Myers, Clerk presided.
The Board of Selectmen acting as the licensing authority for the Town of Mashpee opened the Public Hearing on the application of Jipang, Inc., d/b/a Paper Moon, Michael S. Dubin, Manager, for a Transfer of the Annual All Alcohol Restaurant License from Jade Restaurant, Inc., Kamtong Tam, Manager.
The Hearing notice was read aloud in accordance to posting procedures. Kamtong Tam was in attendance as was Michael S. Dubin, Manager of Paper Moon. Business manager Masahiko Oyamada was also present. The facility is located at 3 Green Street, Mashpee Commons, Mashpee, MA.
Counsel for the applicant, Joseph Berlandi was present to discuss the license application with members of the Board of Selectmen and interested public.
6:55 p.m. Selectman Cahalane present.
It was disclosed a high class Japanese restaurant is envisioned at the subject site location. Menus were distributed to the Selectmen for review. The applicant is before the Board requesting a transfer of the existing liquor license at the same location as the former Jade Restaurant.
It was disclosed the lease has been assigned by Jade to Jipang, Inc. with the consent of Mashpee Commons. The term of the lease expires on January 30, 2008, however, the occupancy by Jipang, Inc. would continue on a month to month basis until Mashpee Commons determines it would require this property for future development. It is the expectation of the applicant, that occupancy would continue for 18-24 months beyond the date of January 30, 2008 and that Jipang, Inc. would have an opportunity to be relocated within Mashpee Commons.
Discussion followed regarding liquidation issues. It was noted the Board of Selectmen reviews and approves the liquor licenses on an annual basis.
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. 4-0.
Selectman Cook absent.
Motion made by Selectman Green to approve the application of Jipang, Inc. d/b/a Paper Moon, Michael S. Dubin, Manager for a Transfer of the Annual All Alcohol Restaurant License from Jade Restaurant, Inc., Kamtong Tam, Manager.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
It was disclosed the applicant intends to open the referenced establishment before the liquor license is obtained from the ABCC. There shall be NO serving of alcohol until final approval is received from the Alcoholic Beverage Control Commission. At this time, there is no need to continue the Jade Restaurant Hearing.
NEW BUSINESS:
Recommendation for Bid Acceptance – Great Neck Road South Sidewalk/Bikeway Extension:
Catherine Laurent, Assistant DPW Director was in attendance to recommend the Board award the Great Neck Road South bikeway/sidewalk bid to the Lawrence Lynch Corporation in the amount of $129,940.
Motion made by Selectman Taylor to accept the low bid as received from Lawrence Lynch in the amount of $129,940 for the Great Neck Road South Sidewalk/Bikeway Extension.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
With regards to the tree work associated to the project proposal, it was agreed that work would proceed until the date of June 22, 2007 in accordance with the construction schedule. Intended construction as stipulated shall not commence during the summer months.
OLD BUSINESS:
Route 130 Safety Update:
Correspondence was received from the Town Manager dated May 31, 2007 relative to the road safety audit for Route 130. A meeting was held on May 30th with representatives from the Massachusetts Highway Department (MHD) and local officials to address the matter of safe travel. Specific objectives of the road safety audit and meeting considered awareness of safety design practices to minimize the risk and severity of road crashes.
Speed limits, zoning, sight distance and overtaking was considered in addition to road alignment and cross section, intersections, auxiliary lanes, clear zones, crash barriers, lighting, pavement, signage, traffic signals, marking and road delineations.
In addition to the review of site specific material, participants were encouraged to drive Route 130 to consider the elements of the road safety audit checklist focusing on safety factors.
A full report is forthcoming and will be forwarded to the Board of Selectmen for additional review. The topic will appear as a future agenda item of discussion.
NEW BUSINESS:
Cape Cod Free Clinic – Execution of Leasehold Mortgage:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Late-filed documentation was presented to the Board relative to the Town being the landlord as it relates to the Cape Cod Free Clinic. It was noted that Town Counsel has reviewed and approved of the document to form.
Motion made by Selectman Taylor to approve and authorize the Chairman of the Board of Selectmen to execute said Leasehold Mortgage document related to the Cape Cod Free Clinic on behalf of the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Liaison Assignments:
An updated list of Board of Selectmen liaison assignments for 2007 – 2008 was presented to the full Board in accordance with Policy No. 031.The document will be disbursed to all departments, boards and committees.
NEW BUSINESS:
Request for Street Betterment Abatement:
Correspondence was received from Jason Streebel; Director of Assessing dated May 22, 2007 relative to an overpaid street betterment. An abatement application in the amount of $302.32 was presented to the Board for review and approval.
Motion made by Selectman Taylor to approve the Street Betterment Abatement as presented and request approval from the Department of Revenue (DOR) to refund the overpayment.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Code of Ethics for Boards/Committees/Commission:
Motion made by Selectman Cahalane to adopt the Town of Mashpee Ethical Conduct for Boards/Committees/Commissions; a code of professional conduct for members in conducting official Town business.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Notice of Retirement – Zoning Board of Appeals:
The Selectmen were in receipt of communication from Fred Borgeson dated May 9, 2007 indicating that he will not seek another term on the Zoning Board of Appeals effective June 30, 2007.
The Selectmen unanimously accepted Mr. Borgeson’s retirement with regret. A letter of appreciation will be remitted to Mr. Borgeson in appreciation for his dedicated service to the Town of Mashpee.
It was agreed the Selectmen would address guidelines to “express appreciation” to citizens who have participated and served the Town of Mashpee. The matter will appear as a future agenda topic of discussion.
Recommendation for Reappointment – Sewer Commission:
Correspondence was received from Donald Desmarais dated April 26, 2007 requesting to be re-appointed to the Mashpee Sewer Commission.
Motion made by Selectman Cahalane to re-appoint Donald Desmarais to the Sewer Commission for a three-year term to expire June 30, 2010.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMMITTEE UPDATE:
Final Report:
The Board of Selectmen gave input to the final report respectfully submitted by the Blue Ribbon Comprehensive Committee (BRCC) dated March 15, 2007.
The formation of an Environmental Oversight Committee (EOC) to effectively carry on the outstanding work of the BRCC was recommended by Board of Selectman member John Cahalane.
The EOC as recommended would continue to carry on the unfinished work of the BRCC. Priorities include the issue of nitrogen loading and to protect the resources of the Mashpee River and Wildlife Preserve. Environmental education to increase knowledge and awareness in addition to enforcement issues would need to be addressed by the new committee.
It was agreed the make-up of the EOC, (7) members would consist of the following membership;
Board of Selectmen, Planning Board, Shellfish Commission,
Water District Commission and (3) Members-at-Large, one of which would be a designee from the School Department. The Chairman of the EOC would be a Selectman representative.
Motion made by Selectman Taylor to create an Environmental Oversight Committee (EOC) to consist of (7) members as noted, it is the direction of the EOC to follow-up on open items of the Blue Ribbon Comprehensive Committee, and other environmental matters that need to be addressed to prevent and protect Mashpee’s natural resources.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:55 p.m.
The Board will enter into Executive Session for the purpose of discussing personnel matters and disposition of real property. The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes Selectman Myers, yes Selectman Green, yes
Selectman Taylor, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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