AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 6, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, January 23, 2006 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Director Department of Public Works
– Route 130
– Cape Drive
6:50 Public Hearing – cont’d - Private Road Conversion –
- Grant Breen Drive/ Quashnet Woods Drive
7:00 Sheldon Gilbert – Library Building Committee Update
7:20 Public Hearing – Application for Annual All Alcoholic Restaurant License – Taylor Holdings, Inc.
7:30 Giatrelis Proposal
7:40 Public Hearing – Application for Transfer of Retail Package Store License –
Mashpee Wine & Spirits, Inc. to Best Buy Beverage, Inc.
COMMUNICATIONS & CORRESPONDENCE
1) Town of Kingston – Removal of Cap on Lottery Distribution to Cities and Towns
OLD BUSINESS
1) Appointment to Regional Technology Development Center (RTDC) Advisory Committee
NEW BUSINESS
1) Assistant Director – Department of Public Works – Landscaping Services
2) Recommended Amendments for Permits/Passes for Transfer Station & Beaches
3) Recommendation for CORI Policy – Personnel Administrator
4) Acceptance of Resignation – Zoning Board of Appeals
5) Recommendation for Appointment – Zoning Board of Appeals
BLUE RIBBON COMPREHENSIVE COMMITTEE
1) Draft Public Notice – Mashpee EDIC Board of Directors
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 6, 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 23, 2006 Regular Session:
Motion made by Selectman Myers to approve the Regular Session
minutes of Monday, January 23, 2006 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
Director Department of Public Works:
Route 130:
Gregory Taylor, Director of Public Works and Joseph Magni of Vanasse Hangen Brustlin (VHB) gave a presentation to the Selectmen on the requirements of Massachusetts General Law regarding speed laws. A proposal for traffic engineering services was submitted by the firm to perform a speed zone study on Route 130 between the Sandwich town line and Route 28. The scope of services is detailed for a fee of $20,000 with a completion date of four to six months.
Rodney Collins, Chief of Police was in attendance to review the proposal that would re-examine speeds along the Route 130 corridor. A majority of accidents have occurred in the corridor of the proposed study where speed has been the determining factor.
Mr. Magni reviewed a case study recently conducted in the Town of Yarmouth regarding speed zoning protocol, laws and posted speed limits. The 85th percentile speed is the distribution principle value used to determine and establish speed controls.
It was noted that it has been several decades since a speed zone study was performed in the Town of Mashpee. As a result of the time duration, modified roadway conditions and increased traffic volume, it was agreed the Chief of Police would obtain additional information related to the study and report to the Selectmen at the next meeting. The possibility of conducting a safety assessment review was considered by the Board as a potential and effective alternative the Route 130 speed and evaluation study proposal.
Cape Drive:
Greg Taylor submitted a preliminary estimate of construction costs for the reconstruction of Cape Drive. The project scope, an approximate ½ mile is estimated to cost $180,000 to $220,000. The pricing estimate and range reflects FY07 and FY08 costs.
The Selectmen agreed to defer the matter to October to obtain definitive cost estimates. Cape Drive in its present condition represents a public safety issue. To date, the Selectmen have not received correspondence from the condominium association regarding repairs to the private road.
Public Hearing – cont’d – Private Road Conversion – Grant Breen Drive/Quashnet Woods Drive:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of the following roads: Grant Breen Drive and Quashnet Woods Drive as shown on plans entitled “Easement Taking and Layout Plan of Grant Breen Drive and Quashnet Woods Drive” prepared by Eagle Surveying, Inc., dated September 28, 2005.
The hearing notice was read aloud in accordance with posting requirements. It was noted the hearing was continued due to technicalities regarding notification to abutters. All abutters have been properly notified.
The estimated cost, the maximum allowable charge by the Town for this betterment is $3,014.17 to be borne by 28 property owners.
The Selectmen opened the hearing to solicit comment.
William Cook, 12 Quashnet Woods Drive indicated that he was representing the neighborhood association and asked several questions on their behalf. The DPW Director responded to his inquiry regarding the installation of a new layer of 1- 1 ½ inch asphalt topcoat and gave information regarding the timeframe of the betterment process. Payment options were clarified by the Town Manager.
When asked about the installation of a berm, the DPW Director indicated in his opinion, it is not necessary to install a new berm.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
To move the article forward for the May Town Meeting, it is necessary for the petitioners to present a petition signed by 50% of the property owners on or before the date of Monday, February 13th for placement on the spring warrant.
Sheldon Gilbert – Library Building Committee Update:
Library Building Committee member Sheldon Gilbert updated the Selectmen on the progress of the proposed Mashpee Library project.
Mr. Gilbert indicated that several fundraising initiatives are scheduled to assist with the fund raising program. The Friends of the Mashpee Public Library, a non-profit organization is responsible to generate additional funds required for construction by organizing fund raising activities. It was
noted that Melinda Gallant has been retained to forefront the fund raising effort. Ms. Gallant is supported by active members of the Friends of the Mashpee Library, the Library Board of Trustees and members of the Library Building Committee. Requests for foundation grants to support the fund raising program have also been submitted to respective agencies.
The formal commencement of the fund raising effort will begin on March 9, 2006 with the unveiling of a model of the proposed new facility. When sufficient funds become available, the Town will be requested to authorize the architect to proceed with the preparation of plans, specifications and bid documents.
Public Hearing – Application for Annual All Alcoholic Restaurant License – Taylor Holding, Inc.:
Selectman Taylor, Selectman Cook stepped down for the above referenced agenda topic.
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the application of Taylor Holdings, Inc., d/b/a Taylor Family Restaurant, Ellen Taylor, Manager, 13 Lake Avenue for an Annual All Alcoholic Restaurant License.
The Hearing notice was read aloud in accordance with the requirements of the Public Hearing. Ellen Taylor, Manager was present with her counsel, J. Ford O’Connor to discuss the license application. Glen Taylor, the sole proprietor of the establishment was in attendance.
The subject property is located at the former location of The Flume Restaurant. Requirements of the Board of Health regarding replacement of the existing septic system are noted to be ongoing and progressing. An entertainment license is not requested at this time.
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 Myers.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Cook absent.
Motion made by Selectman Cahalane to award the All Alcoholic Restaurant License for the retail sale of liquor to Taylor Holdings, Inc., d/b/a Taylor Family Restaurant, Ellen Taylor, Manager, 13 Lake Avenue restricting the closing hour to twelve (12:00) midnight and subject to full release and approval from the Board of Health before the license is granted by the Town to the subject applicant.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Cook absent.
Giatrelis Proposal:
Laura Shufelt, Director of Development Falmouth Housing Authority was present on behalf of her clients’, Stephen Giatrelis and Jay Miller to informally discuss the affordable housing project entitled Mashpee Woods located off Route 130, Mashpee.
It was noted the project proposal has been modified as a result of previous discussions with the Town of Mashpee. A total of 120 units to be constructed in five, three-story buildings are proposed at the subject site location 68 Nicoletta’s Way, Mashpee.
Forty-eight units or 40% of the project is incorporated into the project proposal to add .86% to Mashpee’s inventory of the affordable housing count. Of the ninety-six two-bedroom homeownership condominiums, twenty-four are noted as affordable, and of the twenty-four units of two-bedroom rental housing, six are affordable.
All units are proposed to be connected to a wastewater treatment facility. The project description includes nineteen acres reserved for future recreation needs of the Town.
ADA Committee member Robert Wooldridge made several comments on handicap accessibility. He was invited to attend the upcoming meeting on the Giatrelis Proposal that will be discussed with the Affordable Housing Committee.
Public Hearing – Application for Transfer of Retail package Store License – Mashpee Wine & Spirits, Inc. to Best Buy Beverage, Inc.:
Selectman Cook stepped down for the above referenced agenda topic.
The Board of Selectmen opened the Public Hearing on the application of Mashpee Wine & Spirits, Inc. for a Transfer of Annual All Alcoholic Package Store License to Best Buy Beverage, Inc., Arthur DePaul, Manager located at 16 Echo Road, Mashpee.
The Hearing notice was read aloud in accordance with posting requirements. Arthur DePaul was present to discuss the transfer request that involves a name change only.
Being no comment, the Board motioned to close the Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Cahalane to approve the application of Mashpee Wine & Spirits, Inc. for a Transfer of Annual All Alcoholic Package Store License to Best Buy Beverage, Inc., Arthur DePaul, Manager, 16 Echo Road, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Assistant Director – Department of Public Works – Landscaping Services:
Catherine Laurent, Assistant DPW Director was present to recommend the
Board award the contract for Landscaping Services at various Town buildings to The Capescaper for calendar year 2006.
Amendments to the scope of work include provisions for mowing, the purchase of new plant material, the use of organic fertilizers and the work to be performed at the new Senior Center. The original bid price of $25,700 will remain unchanged.
Motion made by Selectman Cahalane to award bid year 3 of the contract for Landscaping Services to The Capescaper as recommended for the bid price of $25,700.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommended Amendments for Permits/Passes for Transfer Station & Beaches:
Amendments (1-6) to the Policy for the purchase and use of permits/passes for the Mashpee Transfer Station and beaches were outlined by the Assistant Director of Public Works in a memorandum dated January 31, 2006. The Selectmen commented on the following amendments as proposed;
Amendment #2: Typo – Sentence’s to read:
This amendment limits the number of Transfer Station permits
this may be issued to a single household/property to two.
Regulations for the Transfer Station…
Amendment #4: The amendment requires payment of an additional fee at
the Transfer Station gate for disposal of more than (8) 33-gallon
bags of household trash per week. A $1.00 fee is proposed.
Amendment #5: The amendment allows a per trip fee to be charged for
the composting of excessive amounts of yard waste. It was noted that at this time, only one licensed landscaper has purchased a commercial permit for compost disposal. The Selectmen agreed to track illegal use.
A $5.00 discount for mail-in applications for certain permits is proposed again this year. The process has been effective and has reduced lines allowing for more efficient use of the staffing in the Sticker Office.
Amendments to the Policy include under item 3; The following persons shall be eligible for resident permits, Section (e); A person showing ownership of a time-share residence in the Town of Mashpee (Beach Permit Only). Under the topic Beach, Section (18), A portable sticker would be considered for residents using rental cars.
Recommended amendments to the Regulations for Use and Operation of the Transfer Station include the use of credit cards. The fee schedule and list of recycling materials is included in the draft regulations.
In response to the recommendations, the Selectmen agreed to allow for public comment. It was determined that written comment would be submitted to the Assistant DPW Director for a period of two weeks. The matter will appear as a future agenda topic of the Board of Selectmen. Information regarding this matter will be posted on the Town’s website.
COMMUNICATIONS AND CORRESPONDENCE:
Town of Kingston – Removal of Cap on Lottery Distribution to Cities and Towns:
Correspondence was received from the Town of Kingston dated January 18, 2006 seeking support to petition each state legislator to remove the current cap on Lottery distribution to the cities and towns.
The Selectmen were in support and agreed to remit communication to applicable legislative agencies regarding this concern.
Workshop Session:
The Board agreed to schedule a vision setting, strategic planning
workshop session separate from a Selectmen’s Meeting after the May Town Meeting.
Recommendation for CORI Policy – Personnel Administrator:
A model policy recommended by the Criminal History Systems Board to conduct Criminal Offender Record Information (CORI) was presented to the Selectmen in a memorandum from the Personnel Administrator dated January 23, 2006.
*The Selectmen agreed to adopt the policy and forward it to the School Department for their consideration.
Motion made by Selectman Cook to adopt the CORI Policy as presented with the requirements as proposed by the Personnel Administrator as contained in the memorandum of January 23, 2006.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Zoning Board of Appeals:
The Selectmen were in receipt of a resignation from Evano Cunha dated January 26, 2006 from the Zoning Board of Appeals.
Motion made by Selectman Myers to accept the resignation of Evano Cunha from the Zoning Board of Appeals with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Zoning Board of Appeals:
Communication was received from the ZBA dated January 26, 2006 recommending the appointment of senior associate member, Jonathan Furbush to fill the vacancy created by the resignation of Evano Cunha.
Motion made by Selectman Taylor to appoint Jonathan Furbush to the Zoning Board of Appeals as a full-voting member.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
*The Selectmen agreed to adhere to Policy regarding the Appointment Process. In particular, recommendations for appointment by respective board’s and committee’s should be submitted to the Selectmen in rank order.
BLUE RIBBON COMPREHENSIVE COMMITTEE:
At their last meeting, the Board of Selectmen agreed to include
as a regular agenda topic, the Blue Ribbon Comprehensive Committee.
Draft Public Notice – Mashpee EDIC Board of Directors:
Motion made by Selectman Myers to place the above referenced
topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
A draft public notice to establish a public body known as the Mashpee Economic Development and Industrial Corporation, Board of Directors for the purpose of implementing local economic development projects in accordance with an economic plan was presented to the Selectmen for approval. Said Board of Directors shall consist of seven (7) members representing at least one (1) member from each of the following categories:
Industrial or Commercial Development
Finances
Real Estate
Municipal Government
Low Income Community
Copies of the legislation outlining the duties of the Board of Directors are available in the Office of the Board of Selectmen/Town Manager.
Motion made by Selectman Cahalane to accept the draft public notice seeking individuals to serve on the EDIC Board of Directors.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Regional Technology Development Center (RTDC) Advisory Committee:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
The Board of Selectmen, at their last meeting was requested to nominate a representative to serve on the RTDC Committee. A letter of interest was received from John Miller to serve on the regional non-profit organization.
Motion made by Selectman Cahalane to appoint John Miller to the Regional Technology Development Center (RTDC) Advisory Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 9:05 p.m.
The Board will enter into Executive Session for the purpose of discussing personnel matters, a grievance and potential litigation. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Green, yes Selectman Taylor, yes
Selectman Myers, yes Selectman Cahalane, yes
Selectman Cook, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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