AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 23, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, January 9, 2006 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
Board of Assessors Interviews
6:40 Paul P. Andrews
6:50 Sheldon L. Holzer
7:00 School Committee - Discussion
7:20 Public Hearing – Application for Entertainment License – Seasonal Enterprises LLC,
d/b/a The Game Zone
7:25 Public Hearing – Willowbend Request to Close Temporarily
7:30 Public Hearing – Private Road Conversion –
- Grant Breen Drive/ Quashnet Woods Drive
7:40 Public Hearing – Taylor Holding Inc., d/b/a Taylor Family Restaurant
– Annual All Alcohol Restaurant License
7:50 Mashpee Housing Authority – Leila Botsford
COMMUNICATIONS & CORRESPONDENCE
1) STG Consultants – Regional Technology Development Center (RTDC) Advisory Committee
2) Operation In From the Cold Challenge
3) Ad Hoc Committee for Outreach for the Human Rights Commission
OLD BUSINESS
1) Office of Fishing and Boating Access – Ockway Bay, Great River, Mashpee Neck
2) Blue Ribbon Committee Report
NEW BUSINESS
1) Certification and Confirmation of Hiring Procedure – Assistant Town Accountant
2) Recommendation for Cell Phone Policy Approval
3) Recommendation for Appointment to Americans with Disabilities Act Committee
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 23, 2006
Present: Selectman Green, Selectman Taylor, Selectman Myers,
Selectman Cahalane, Selectman Cook
Town Manager Joyce Mason
Meeting Called to Order by Chairman Green at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, January 9, 2006 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, January 9, 2006 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Margaret Santos, Union Steward of Local 888 related concern with respect to procedures regarding the recent hiring of the Assistant Town Accountant. It was noted the candidate is well qualified, and the position was posted in-house and on the Town’s website in accordance to posting requirements. The Town Manager indicated that she would verify the procedure and report to the Board of Selectmen.
Board of Assessors Interviews:
Paul P. Andrews:
Paul P. Andrews, a five-year resident of the Town of Mashpee and small business owner discussed his interest to serve on the Board of Assessors. Mr. Andrews indicated that he is available to commit to the position and has reviewed information regarding the online certification course required for the position. Mr. Andrews is currently on the board of directors of the Massachusetts Chiropractic Society. The position vacancy was brought to his attention by the present Chair of the Mashpee Board of Assessors.
Sheldon L. Holzer:
In response to the advertisement to the vacant position on the Board of Assessors, Sheldon L. Holzer was present to discuss his qualifications with members of the Board of Selectmen. Mr. Holzer indicated that he has been a resident of the Town of Mashpee for the past 6.5 months. He holds a degree in government from Lehigh University. Mr. Holzer is a retired advertising executive and has the ability to develop skills necessary to the Board of Assessors position.
The Selectmen deliberated and agreed that two well qualified candidates were interviewed for the vacant Board of Assessors position.
Motion made by Selectman Taylor to appoint Paul P. Andrews to the position of Board of Assessor to fill the unexpired term of Heather Noyes; 2006.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
*The Selectmen requested an updated list of vacancies of Town boards and commissions. The Town Manager was directed to remit a letter of appreciation to Mr. Holzer for his interest and to include a current list of openings to various boards and commissions for his review.
COMMUNICATIONS & CORRESPONDENCE:
STG Consultants – Regional Technology Development Center (RTDC) Advisory Committee:
Correspondence was received from Sharon Travers Gay; STG Consultant Services dated January 18, 2006 seeking an interested candidate from the Town of Mashpee to serve on the Regional Technology Development Steering Committee. The nomination is requested to be submitted to STG Consultants on or before the date of January 31, 2006.
The Selectmen agreed to invite a member of the Chamber of Commerce to serve on the RTDC Committee. The vacancy will also be posted on the Town’s website and on the Town Hall bulletin board. The RTDC is a regional non-profit commercialization center designed to stimulate commercialization of important technologies while creating high paying, full-time, year-round jobs. The RTDC will facilitate the formation and growth of new companies, while assisting existing technology companies with market development, team building, equity capital raising and other business assistance services.
Operation In From the Cold Challenge:
Communication was received from Janice Barton; Chair of the Operation In From The Cold subcommittee dated January 4, 2006 regarding the homeless population. Operation In From The Cold is an initiative of the Barnstable Human Services Committee to provide immediate emergency shelter for the homeless. The organization is seeking donations to assist with the cost of the three-month project.
The information will be forwarded to Louise Patrick, Human Services Department for input and review. It was agreed the information would also be posted on the Town’s website. Donations may be sent to; Operation In From The Cold, c/o Cape Cod Council of Churches, Box 758, Hyannis, MA 02601.
COMMUNICATIONS & CORRESPONDENCE:
Ad Hoc Committee for Outreach for the Human Rights Commission:
The Town of Barnstable has created a Human Rights Commission and has requested representation from the Town of Mashpee to serve on the Town Advisory Council. The Town Representation Council’s purpose is to serve as a liaison between the towns and commission about matters relating to the elimination of discrimination and to offer advice about human rights and discrimination. Meetings are held on a quarterly basis.
Motion made by Selectman Cahalane to appoint Louise Patrick, Human Services Director to the Town Advisory Council.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Office of Fishing and Boating Access – Ockway Bay, Great River, Mashpee Neck:
Correspondence was received from the Office of Fishing and Boating Access relative to Land Management Agreements for the boating access facilities at Ockway Bay, Great River and Mashpee Neck. Under the LMA, the Department of Fish and Game will be able to assist in full or on a part-time basis with all necessary repairs, maintenance, reconstructions, operations etc.
Discussion followed. Town Counsel remitted a letter to the Board regarding this concern.
Motion made by Selectman Cook to not support the Land Management Agreements relative to boating access facilities at Ockway Bay, Great River and Mashpee Neck.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
*The Harbormaster will be consulted with respect to this matter in issues such as parking, the use of the ramp facilities, stickers and coverage.
OLD BUSINESS:
Blue Ribbon Committee Report:
Selectman Don Myers, Chair of the Blue Ribbon Comprehensive Committee (BRCC) discussed the first quarterly report of the committee dated January 2, 2006.
The scope of the committee is directed on four priorities;
1. Water Resources/Water & Wastewater Facilities/Coastal Resources
2. Land Use & Growth Management
3. Transportation
4. Economic Development
The committee voted unanimously to recommend the Town designate a permanent educational coordinator and provide ongoing funding to coordinate environmental education programs, in particular nitrogen loading and water programs in conjunction with the School Committee.
It was agreed the Town Manager would work with the BRCC to develop an implementation program and a structure for funding. The use of in-house resources, volunteers or the possibility of creating a new position was considered. Members of the School Committee were present in support of the proposal and for the use of in-house staff to assist with the goal of the committee. It was determined the focus would also educate the general public in an effort to reduce the impact of nitrogen loading and waste water on the environment.
The committee also voted in unanimous support to use the grounds of the Transfer Station as a repository for the dredging of spoils from the Mashpee River. The BRCC is scheduled to meet with the Waterways Commission to review the overall status of the dredging project. Information will be discussed with the Board of Selectmen at a later date.
The committee has met with the Sewer Commission to discuss the impact and treatment of wastewater. It was noted that current plans and studies are in the process. Stearns and Wheler, an engineering firm is presently working with the School of Marine Science & Technology at UMass Dartmouth on a plan that would recommend facilities and management options relevant to the establishment of a municipal sewer system and the management of nitrogen loading on the watersheds.
After discussions with the Department of Public Works, the Blue Ribbon Comprehensive Committee voted unanimously to recommend the Selectmen utilize natural, organic fertilizers and materials for maintaining the Town playing fields and buildings in an effort to set example for the Mashpee community.
Motion made by Selectman Cahalane to place in the upcoming Request For Proposals (RFP) for Landscaping Services that only organic materials be used on the grounds of Town owned buildings and playing fields.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Other decisions of the committee include the recommendation to appoint a Mashpee representative to the Upper Cape Regional Technology Development Corporation (UCRTDC) that has been recently formed to promote economic opportunities. In viewing the past history of the Town, the committee voted to recommend the Selectmen move forward with the establishment of a Mashpee Economic Development Industrial Corporation (EDIC).
The Selectmen agreed to go forward with the above BRCC recommendation. The Town Manager indicated that she would attend discussions and invite Representative Patrick and Mashpee’s former EDIC coordinator Wayne Duchemein to participate in discussions towards implementation. It was noted the EDIC can be established as a non-profit entity, and would have the ability to issue revenue bonds, and provide favorable support towards affordable housing initiatives.
It was agreed the Blue Ribbon Comprehensive Committee would appear as an ongoing agenda topic on the Selectmen’s regular agenda.
APPOINTMENTS AND HEARINGS:
School Committee – Joint Appointment:
The School Committee met in joint convention with the Board of Selectmen to fill the vacancy of the unexpired term; May 2006. Four letters of interest were received in response to the short-term position due to the recent retirement of Molly Reis.
As a result of contract negotiations and the upcoming budget process, the School Committee recommended the appointment of Kathleen Lynch. Ms. Lynch is a former member of the School Committee serving two years as chairman. She is also a past member of the Finance Committee and is well experienced in the budget and contract negation process.
The School Committee indicated they did not interview any of the candidates. For the record, Chairman Green indicated that he would prefer to have the matter go before the voters in May. The preference of the Board of Selectmen is to interview candidates prior to appointment. It was noted that all of the candidates are well qualified and it is hopeful they will continue to volunteer in the system.
Motion made by Janice Mills to nominate Kathleen Lynch to fill the unexpired term of Molly Reis on the School Committee to May, 2006.
Motion to nominate Kathleen Lynch was seconded by Selectman Taylor.
VOTE: Unanimous. 8-0.
Roll Call Vote:
Selectman Green, yes Selectman Taylor, yes
Selectman Myers, yes Selectman Cahalane, yes
Selectman Cook, yes
School Committee members: Janice Mills, yes
Peter Thomas, yes Rebecca Romkey, yes
Opposed, none
Application for Entertainment License – Seasonal Enterprises LLC, d/b/a The Game Zone:
The Board of Selectmen opened the Public Hearing on the application of Seasonal Enterprises LLC, d/b/a The Game Zone, Joseph Anastos, Jr. Manager, for the following entertainment license;
Small game room (approximately 1,500 square feet) open seasonally from May 1st through October 30th; located at
259 Shore Drive, Hanna’s Meeting Hall at Popponesset
Marketplace (12 Mallway, New Seabury) to include video games, pinball machines, billiards, air hockey machine.
Joseph Anastos, Jr., Manager was in attendance to discuss the license application with the Selectmen. It was noted the Building Inspector has reviewed and approved the application with respect to zoning regulations. It was noted that a fire inspection has not been conducted to date.
A list of intended coin-op amusement equipment was included in the entertainment license application. The hours of operation as agreed upon are 10:00 a.m. to 10:00 p.m.
Mr. Anastos indicated that he intends to manage an ice cream shop directly across from the game zone establishment. Mr. Anastos, a father of four children, resides in the neighborhood indicated that he would like to operate a “hands on” establishment to encourage children to use the facility.
Being no comment, the Selectmen motioned to close the Public Hearing.
Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to approve the entertainment application of Seasonal Enterprises LLC, d/b/a The Game Zone, Joseph Anastos, Jr. Manager subject to the following; approved Fire safety inspection and hours of operations 10:00 a.m. to 10:00 p.m. effective May 1, 2006 through October 20, 2006.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Public Hearing – Willowbend Request to Close Temporarily:
Selectman Cook stepped down for the above referenced hearing.
The Board of Selectmen opened the Public Hearing on the request of Willowbend Country Club, David Southworth, Manager to close the food & beverage facilities from January 1, 2006 through April 1, 2006 for cleaning, repair and maintenance throughout the clubhouse.
The public hearing notice was read aloud in accordance with posting requirements. David Wood was in attendance to discuss the closure of the food and beverages facilities with members of the Board of Selectmen.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Myers to approve the request of Willowbend Country Club, David Southworth, Manager to close the Food & Beverages facilities from January 1, 2006 through April 1, 2006.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Public Hearing – Private Road Conversion – Grant Breen Drive/Quashnet Woods Drive:
The Board of Selectman opened the Public Hearing on the private to public road conversion of the following roads: Grant Breen Drive and Quashnet Woods Drive.
Due to technicalities regarding notification to abutters, the Selectmen were requested to continue the hearing to February 6, 2006.
Motion made by Selectman Taylor to continue the Public Hearing – Private Road Conversion; Grant Breen Drive/Quashnet Woods Drive to Monday, February 6, 2006.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Public Hearing – Taylor Holding, Inc., d/b/a Taylor Family Restaurant – Annual All Alcohol Restaurant License:
In accordance to posting requirements, the Board of Selectman opened the Public Hearing notice and read aloud information regarding the application of Taylor Holding, Inc., d/b/a Taylor Family Restaurant, Ellen M. Taylor, Manager for an Annual Common Victualler All Alcohol Restaurant license at property located at 13 Lake Avenue.
As a result of technicalities regarding notice to abutters, the hearing notice is re-advertised and will be re-scheduled to February 6, 2006.
Certification and Confirmation of Hiring Procedure – Assistant Town Accountant:
The Selectmen were in receipt of the Hiring Certification for the final Assistant Town Accountant candidate Lisa Frye. Dawn Thayer, Town Accountant remitted a letter of recommendation to the Selectmen dated January 6, 2006 in support of Ms. Frye’s appointment. Ms. Frye has been performing the duties of Assistant Town Accountant for the past nine months.
Motion made by Selectman Cahalane to certify and confirm the appointment of Lisa Frye as Assistant Town Accountant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Cell Phone Policy Approval:
The Board of Selectmen reviewed the draft Cell Phone Policy dated January 18, 2006 with Finance Committee member Christopher Avis.
It was agreed that all references to Finance Director would be amended to read: Town Manager. Discussion followed regarding the policy as it relates to use of cell phones and contract coordination.
Motion made by Selectman Myers to approve the Town of Mashpee Cell Phone Policy dated January 18, 2006 with amendments that reference Finance Director to read: Town Manager.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Appointment to Americans with Disabilities Act Committee:
Correspondence was received from the Americans with Disabilities Act Committee (ADA) dated January 13, 2006 recommending the appointment of Mert Sapers to fill the present vacancy.
Motion made by Selectman Taylor to appoint Mert Sapers to the Americans with Disabilities Act Committee as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Mashpee Housing Authority – Leila Botsford:
Leila Botsford, Executive Director of the Mashpee Housing Authority was present to recommend the Board sponsor a Town Meeting article to amend the deed on property located at 570 Old Barnstable Road, Mashpee to allow for up to nine bedrooms on the property. It was noted when the town voted to transfer and convey the property to the Housing Authority, the deed restricted the property to six units of low income housing.
The proposal was outlined to the Selectmen in a memorandum dated December 1, 2005. It was noted the Housing Authority has submitted an application to the Community Preservation Committee to assist with the proposed Breezy Acres expansion project currently managed and operated by the Housing Authority.
Motion made by Selectman Cahalane to sponsor an article for the May 2006 Town Meeting to change the Quitclaim Deed to allow for up to nine additional bedrooms on the property located at 570 Old Barnstable Road, Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:01 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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