AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 10, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, March 27, 2006 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Request of Change of Location for Package Store License
– Seabury Spirits, Inc.
6:50 Public Hearing – Request of Mashpee Commons for Entertainment License
7:00 Public Hearing – Request of Little River Boatyard – Amend Fuel Storage License
COMMUNICATIONS & CORRESPONDENCE
1) Budget/ Town Meeting Forum
OLD BUSINESS
NEW BUSINESS
1) Boat Ramp Fees - Harbormaster
2) Request of Leisure Services Advisory Council to Amend Council Bylaw
3) Request of Mashpee Community Concert Committee, Inc., - One Day Wine & Malt License for Mashpee Night at the Pops
4) Request of Law Dawgs Motorcycle Club – Memorial Ride
5) Talanian Realty – Mitigation Discussion
6) Donation of Shed – Friends of Mashpee Public Library
7) Acceptance of Resignation – Mini-Van Driver
8) Acceptance of Resignation – Board Secretary
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 10, 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, March 27, 2006 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Monday, March 27, 2006 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS AND CORRESPONDENCE:
Budget/Town Meeting Forum:
The Town Manager announced a public meeting scheduled on Tuesday,
April 25, 2006 at 6:30 p.m. to discuss the omnibus budget, the Town Meeting Warrant and related procedures prior to the May 1st Annual Town Meeting. The public forum will be posted in the event there is a quorum of the Board of Selectmen.
House Ways & Means Budget:
It was noted the House Ways & Means Budget has been posted. At this time it is level funded. The Town Manager indicated she would keep the Selectmen informed of any changes.
NEW BUSINESS:
Boat Ramp Fees – Harbormaster:
Correspondence was received from Perry Ellis, Harbormaster dated March 31, 2006 regarding a fee policy for the use of the Town’s boat ramps located at Mashpee Neck, Ockway Bay and Great River. It was noted that the Mashpee Wakeby boat ramp is owned by the state, but managed by the Town. A fee of $3.00 is imposed for MA registered vehicles and a charge of $9.00 for out of state vehicles.
Discussion followed with respect to the use of the boat ramps and the preference towards citizens of the Town of Mashpee. The following action was taken.
Motion made by Selectman Cahalane to institute a resident permit sticker at the cost of $5.00, effective immediately. Appropriate signage is recommended to read: Parking by Permit Only; Memorial Day to Labor Day.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to authorize the Chairman of the Board of Selectmen to create a sub-committee to delineate where the boat ramp parking stickers would be required.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
It was noted the Harbormaster, Police and Fire Chief’s would be consulted with respect to this regard.
APPOINTMENTS AND HEARINGS:
Public Hearing – Request of Change of Location for Package Store License – Seabury Spirits, Inc.:
Selectman Cook stepped down for the above referenced Hearing.
The Board of Selectmen opened the Public Hearing on the Petition for License Transaction of Seabury Spirits, Inc., Michael G. Ellis, Manager for a Change of Location from 684 Falmouth Road to Route 28, South Cape Village, Unit C-1, Mashpee, MA
The Public Hearing notice was read aloud in accordance to posting procedures and requirements. Michael G. Ellis, Manager was in attendance to discuss the license application with the Board. The notification to abutters was presented to the Town Manager at the meeting.
All necessary paperwork was in order for the Selectmen’s approval. It was noted there is no change to the present license with the exception of the subject site location.
It was noted that a small wine bar is located to the rear of the new facility. The wine bar is depicted on the plan in a controlled area for wine tasting only on Friday evenings from 5:00 to 7:00 p.m.
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 Cahalane to approve the request of Seabury Spirits, Inc., Michael G. Ellis, Manager to a Change of Location from 684 Falmouth Road to Route 28, South Cape Village, Unit C-1, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
APPOINTMENTS AND HEARINGS:
Public Hearing – Request of Mashpee Commons for Entertainment License:
The Board of Selectmen acting as the licensing authority opened the Public Hearing on the application of Mashpee Commons Limited Partnership to provide entertainment to the public from June 3, 2006 through December 31, 2006. Entertainment to be held in Mashpee Commons, Mashpee, MA.
The Hearing notice was read aloud in accordance to posting procedures and requirements. Correspondence was received from Lissa Lindsley; Mashpee Commons LP dated April 10, 2006 indicating that a representative would be unable to attend tonight’s Selectmen’s Meeting.
There was no public comment at this time.
Motion made by Selectman Taylor to continue the Public Hearing – Request of Mashpee Commons for Entertainment License to Monday, April 24, 2006.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request of Leisure Services Advisory Council to Amend Council Bylaw:
Gus Frederick, Director of Leisure Services was present to request the Selectmen amend the membership of the Leisure Service Advisory Council (LSAC) to omit Section C (4) One building principal appointed on a rotating basis and insert the following to Section C (4) One High School Student, preferably a junior to serve through graduation from high school.
Mr. Frederick indicated that the committee does not have much success with the attendance of principals. Discussion followed. It was noted the School Committee would also be required to approve the amendment.
Motion made by Selectman Myers to amend the bylaws for the Leisure Services Advisory Committee to replace the requirement for one building principal to be appointed on a rotating basis to: Section C (4) One High School Student, a liaison position to be appointed by a member of the Student Advisory Committee on a two-year basis.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
The LSAC was requested to make minor changes to their policy handbook that would include the appropriate names of the schools and change of executive secretary to Town Manager.
APPOINTMENTS AND HEARINGS:
Public Hearing – Request of Little River Boatyard – Amend Fuel Storage License:
The Board of Selectmen opened the Public Hearing on the application of Little River Boatyard to amend the Fuel Storage Tank License held at 15 Riverside Road as follows: Underground Storage of 3,500 gallons and Aboveground Storage maximum of 20,000 gallons.
The Hearing notice was read aloud in accordance to posting procedures and requirements. Correspondence was received from Wynn & Wynn, PC dated April 10, 2006 requesting the Selectmen continue the Hearing to May 8, 2006 to allow for a new site plan for the Deputy Fire Chief’s review.
Motion made by Selectman Taylor to continue the Public Hearing – Request of Little River Boatyard – Amend Fuel Storage License to May 8, 2006 at 6:40 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request of Mashpee Community Concert Committee, Inc., - One Day Wine & Malt License for Mashpee Night at the Pops:
Correspondence was received from the Mashpee Community Concert Committee dated April 1, 2006 regarding the 15th annual Mashpee Night at the Pops to be held on Saturday, July 29, 2006 at Mashpee Commons.
There was no representative present to discuss the license request. The Board motioned to defer the request.
Motion made by Selectman Taylor to defer the request of the Mashpee Community Concert Committee to Monday, April 24, 2006.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
NEW BUSINESS:
Request of Law Dawgs Motorcycle Club – Memorial Ride:
Benjamin Perry was in attendance to request the Selectmen allow the Law Dawgs Motorcycle Club International hold a fund raising event on Sunday, June 11, 2006. The event in its third year would follow the same arrangements as last year staging the memorial motorcycle ride and blessing in Mashpee with a reception at the Barnstable County Fairgrounds in the Town of Falmouth.
The Law Dawgs is a club comprised of law enforcement officials and former Marines. It is held in memory of William A. Paolini, Sr., a twenty-five year veteran of the Mashpee Police Department. Scholarships are awarded to graduating Mashpee students’.
Motion made by Selectman Taylor to approve the Law Dawgs Motorcycle Club memorial ride on Sunday, June 11, 2006.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Talanian Realty – Mitigation Discussion:
Don Megathlin, Talanian Realty was present to discuss the allocation of safety mitigation funds for the Town of Mashpee with members of the Board of Selectmen. His discussion was outlined in a memorandum dated April 4, 2006.
Joyce Mason, the Town Manager recommended the funds be used for the installation of opti-com detectors to retrofit existing traffic signals, a recommendation of the Capital Improvement Program Committee and Planning & Construction Committee.
The opti-com detectors allow emergency vehicles to avoid delay at the signals during response. Signals are desired at the following locations; Route 151 at Old Barnstable Road, Route 151 at Mashpee Commons, Route 130 at Great Neck Road North and Donna’s Lane at Route 28.
Mr. Megathlin discussed the funds received from the Talanian South Cape Village project for mitigation, and the expenditures and improvements Talanian has made to improve Orchard Road.
It is the Selectmen’s decision as to how the $27,539 would be spent before a certificate of occupancy can be granted for Marshall’s, a department store located at the South Cape Village. The amount available would fund two opti-com systems, one proposed at the intersection of Route 151 and Old Barnstable Road and the other at the Route 130 Great Neck Road North intersection.
Mr. Megathlin suggested the Selectmen consider the use of said funds for safety improvements to Orchard Road.
In response, the Selectmen agreed to remit a letter to the Cape Cod Commission requesting consideration to re-allocate the safety mitigation funds towards the purchase of opti-com detector systems.
Motion made by Selectman Taylor to request the Cape Cod Commission to re-allocate safety mitigation funds for the purchase of opti-com detector systems as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Donation of Shed – Friends of Mashpee Public Library:
The Friends of the Mashpee Public Library submitted communication to the Selectmen dated March 29, 2006 regarding the donation of a shed to the Town for the continued use of book storage.
Motion made by Selectman Taylor to accept the shed as a donation from the Friends of the Mashpee Public Library.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Acceptance of Resignation – Mini-Van Driver:
Michael D. Sargent remitted his resignation in a memorandum dated March 30, 2006 from the Council on Aging as mini-van driver effective April 5, 2006.
Motion made by Selectman Cahalane to accept with regret, the resignation of Michael D. Sargent from the Council on Aging.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Board Secretary:
Kristine Esdale submitted her resignation as Board Secretary to the Finance Committee effective March 27, 2006.
Motion made by Selectman Myers to accept the resignation of Kristine Esdale as Board Secretary with regret.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMMITTEE UPDATE:
It was announced that Douglas Storrs, Mashpee Commons Limited Partnership and BRCC member discussed at the April 6, 2006 meeting of the Blue Ribbon Comprehensive Committee, land uses and zoning. The Selectmen were encouraged to attend the next meeting on April 27th for continued discussion of land use and zoning methodologies. The meeting will be televised.
The BRCC also discussed the recent action of the Board of Selectmen regarding the Town Meeting article that would prohibit the feeding of waterfowl within the Town of Mashpee. The BRCC voted 5-2 with 1 abstention to recommend the Selectmen re-consider their position due to environmental impacts. The bylaw, if approved at Town Meeting would fine any person violating the procedures as outlined in the article, a fine of $50. The waterfowl as defined includes, ducks, geese and swans. Enforcement issues and signage were discussed.
BLUE RIBBON COMMITTEE UPDATE:
Additionally, it was noted that a few applications have been received in response to advertisement for the re-establishment of the Economic Development Industrial Corporation (EDIC).
The BRCC is also collecting information from the Falmouth Friendly Lawn program. A brochure and options are being considered for Mashpee in conjunction with the School Department as is the designation of an educational coordinator and related funding for environmental education programs. It was noted that the use of organic fertilizers is encouraged in future Town landscape contracts. The Committee has met with the DPW regarding nitrogen loading and limiting pesticide usage at Town facilities.
The Waterways Commission is scheduled give an update to the Selectmen in May regarding dredging activities.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:55 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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