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May 8, 2006

AGENDA
        BOARD OF SELECTMEN
MONDAY, MAY 8, 2006

6:30 p.m. - Convene Meeting - Conference Room 1

        MINUTES

Approval of the following:
                April 24, 2006 Regular Session
                May 1, 2006 Regular and Executive Sessions

APPOINTMENTS & HEARINGS
6:30    Public Comment
        Reorganization
6:40    Public Hearing – Application for Package Store Wine & Malt License
        - Mashpee Mart, Inc.
6:50    Public Hearing – Application for Entertainment License – Café de la Terre
7:00    Dredging Update

COMMUNICATIONS & CORRESPONDENCE

OLD BUSINESS

NEW BUSINESS

1)      Certification and Confirmation of Appointment - Assistant Town Manager
2)      Proclamation – Citizen of the Year – Heidi Trottier
3)      Acceptance of Engineering Proposal – Route 130 Bikepath
4)      Request to Transfer from Reserve Fund – Finance Committee
5)      Request to Extend Bylaw Review Committee through October 2006 Town Meeting
6)      Recommendation for Appointment – Conservation Commission
7)      Reappointments – Sewer Commission and Board of Health

MMR ISSUES

BLUE RIBBON COMMITTEE UPDATE

EXECUTIVE SESSION

Board of Selectmen
Minutes
May 8, 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, April 24, 2006 Regular Session:

                Motion made by Selectman Taylor to approve the Regular Session
                minutes of Monday, April 24, 2006 as presented.
                Motion seconded by Selectman Cook.
                VOTE:  Unanimous.  3-0.
                Selectman Myers, Selectman Cahalane abstained.

                Monday, May 1, 2006 Regular and Executive Sessions:

                Motion made by Selectman Cahalane to approve the Regular and
                Executive Session minutes of Monday, May 1, 2006 as presented.
                Motion seconded by Selectman Cook.
                VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

                Reorganization:

Chairman Green opened the nomination process for the purpose of reorganization of the Board of Selectmen.

Selectman Cahalane nominated Selectman Wayne Taylor to serve as Chairman of the Board of Selectmen.
Selectman Cook seconded the nomination.
Being no further nominations, the Selectmen voted in favor of Wayne Taylor to serve as Chairman.
VOTE:  Unanimous.  4-0.
Selectman Taylor abstained.

Selectman Taylor nominated Selectman Theresa Cook to serve as Vice-Chairman of the Board of Selectmen.
Selectman Myers seconded the nomination.
Being no further nominations, the Selectman voted in favor of Theresa Cook to serve as Vice-Chairman of the Board of Selectmen.
VOTE:  Unanimous.  4-0.
Selectman Cook abstained.

Selectman Taylor nominated Selectman John Cahalane to serve as Clerk of the Board of Selectmen.
Selectman Cook seconded the nomination.
Being no further nominations, the Selectmen voted in favor of John Cahalane to serve as Clerk of the Board of Selectmen.
VOTE:  Unanimous.  4-0.
Selectman Cahalane abstained.

On behalf of the Board of Selectmen, Wayne Taylor presented a gavel to Selectman Chuck Green for his leadership and service as past Chairman of the Board of Selectmen.

NEW BUSINESS:

Certification and Confirmation of Appointment – Assistant Town Manager:

The above referenced agenda topic was deferred to Monday, May 15, 2006.

Proclamation – Citizen of the Year – Heidi Trottier:

The Board of Selectmen reviewed the Proclamation naming Heidi Trottier as Citizen of the Year for her dedicated service to the Mashpee Chamber of Commerce for over ten years and for her leadership to the success of the Night of 100 Wines event.  Ms. Trottier is the co-owner of Mr. T’s Auto Repair in Mashpee.

Motion made by Selectman Cahalane to adopt the Proclamation naming Heidi Trottier as Citizen of the Year and proclaim May 9, 2006 as Heidi Trottier Day in the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Acceptance of Engineering Proposal – Route 130 Bikepath:

Greg Taylor, Director of the Department of Public Works was in attendance to recommend the Selectmen award the proposal for engineering services for the Route 130 bikeway extension to VHB, the low bidder for the project.  The bikeway will extend from Heritage Park to Pickerel Cove.

Motion made by Selectman Cook to accept the engineering proposal by VHB for the Route 130 Bikeway Extension as recommended.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

With regards to Route 130 and issues concerning safety, the Selectmen agreed to request an update from the Police Chief.

                NEW BUSINESS:

                Request to Transfer from Reserve Fund – Finance Committee:

Correspondence was received from the Finance Committee dated March 3, 2006 requesting the Selectmen approve a transfer from the reserve fund for the purpose of printing and mailing warrants.  The Finance Committee at their May 1, 2006 meeting voted to recommend the transfer of $7973 for this purpose.

Motion made by Selectman Cahalane to approve the request of the Finance Committee to transfer the sum of $7973 from the Reserve Fund for the purpose of printing and mailing warrants as outlined.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

APPOINTMENTS AND HEARINGS:

Public Hearing – Application for Package Store Wine & Malt License – Mashpee Mart, Inc.:

Selectman Cook stepped down for the above referenced Hearing.

The Board of Selectmen acting as the Licensing Board opened the Public Hearing on the application of Mashpee Mart, Inc., Muhammad Amin, Manager, for an Annual Package Store Wine and Malt License, Approximately 1400 square feet, 400 square feet of total area to be used to store wine and malt beverages located at 44 Falmouth Road, Unit A, Mashpee.

The Hearing notice was read aloud in accordance with posting requirements.  All necessary paperwork and payment was in order for the Selectmen’s approval.  Paul Tardif, attorney was present with the Manager of Record, Muhammad Amin to discuss the license application with the Board of Selectmen.

It was disclosed that a letter dated May 8, 2006 was received from Steve Kyros, landlord to Mashpee Mart in support of the license application.
The applicant has also received training from the ABCC program administered to MA Package Stores Associations.

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 Green.
VOTE:  Unanimous.  4-0.
Selectman Cook absent.

Motion made by Selectman Cahalane to grant an Annual Package Store Wine and Malt License to Mashpee Mart, Inc., Muhammad Amin, Manager, 44 Falmouth Road, Unit A Mashpee.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.
Selectman Cook absent.

Public Comment:

Susan Orbach, Senator O’Leary’s Office gave a brief update to the Selectmen and noted the Senator is looking to raise the floor for the minimum contribution from the State.  At this time, Mashpee is estimated to receive level funding or $101,350 in Chapter 70 Aid.

APPOINTMENTS AND HEARINGS:

Public Hearing – Application for Entertainment License – Café de la Terre:

The Board of Selectmen opened the Public Hearing on the application of Café de la Terre, 25 Market Street, Mashpee Commons, Michael A. Donaldson, Manager for an Entertainment License for live music and amplification system to include Sunday Entertainment.

The Hearing notice was read aloud for informational purposes.  Michael Donaldson, Manager was present to discuss the license request with the Board of Selectmen.

Entertainment is requested by the applicant in the outside patio until 9:00 p.m. and in the inside of the establishment until 11:00 p.m.  Live jazz and acoustic music shall not to exceed six musicians.

Discussion followed regarding the request to have entertainment in the inside of the establishment as it relates to seating capacity and stipulations as set forth by the Fire Department.  

There was no public comment regarding the entertainment license application.

Motion made by Selectman Cahalane to grant an outside patio entertainment license to Café de la Terre to include Sundays until 9:00 p.m.   The Board shall continue the remainder of the Public Hearing to May 15, 2006 to obtain necessary Fire Department inspections regarding the interior portion of the entertainment license request.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Dredging Update:

Jim Hanks, Waterways Commission gave an overview to the Selectmen regarding dredging related activities.  In particular, the Popponesset Bay channels which include the Mashpee River, Shoestring Bay, and the Ockway Bay were discussed.  The Waquoit Bay channel was also reviewed in the slideshow presentation.

Additional steps in the process include developing alternatives for the disposal of materials in the river.  The use of the Transfer Station is possible and dependent upon the material salinity and groundwater flow.  Improvement dredging disposal concepts include the potential to side-cast the material, build marsh or upland islands and/or to add dredging material to restore the marsh front. To consider the feasibility of upland disposal, the salinity of river sediments is required to be measured.

Testing for salinity for upland disposal is estimated to cost $125 for ten samples.  The Selectmen were in support and requested the testing be conducted as soon as possible.  It was agreed the matter would be presented to the Selectmen as an agenda topic at the July 9th meeting.

With regards to the potential to utilize the Transfer Station as a viable option that is dependent upon the material salinity and groundwater flow, Gregory Taylor, DPW Director indicated that it would be necessary to permit this procedure with the Department of Environmental Protection (DEP).

Modeling runs are planned to assess the effects of the dredging.  The sum of $9,000 is estimated for the three models and related three scenarios.  Funds exist in the Mashpee River/Ockway Bay permitting account.  The Selectmen were in support and requested the modeling project move forward as soon as possible.

                NEW BUSINESS:

Request to Extend Bylaw Review Committee through October 2006 Town Meeting:

Motion made by Selectman Cahalane to extend the Bylaw Review Committee through the October 2006 Town Meeting.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Recommendations for Appointment – Conservation Commission:

Correspondence was received from Steven Solbo; Conservation Agent dated May 1, 2006 recommending the appointment of John Rogers as Associate member.  The Selectmen were in receipt of a letter of interest from Mr. Rogers for appointment.

Motion made by Selectman Cook to appoint John Rogers as an Associate Member of the Conservation Commission as recommended.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

In the future, the Board requested to adhere to policy.  When filling appointments, a resume from the intended applicant(s) should be contained in the Selectmen’s informational packet prior to the appointment process.

                NEW BUSINESS:

                Re-appointments - Sewer Commission and Board of Health:

The Selectmen were in receipt of letters of interest from two individuals wishing to continue servicing their respective boards or commissions.

Motion made by Selectman Green to re-appoint the following;
        F. Thomas Fudala to the Sewer Commission
        L. Glenn Santos to the Board of Health
for a term to expire 6/30/06.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

Adjournment:

Motion made by Selectman Cook to adjourn at 7:30 p.m.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen