AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 5, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, May 15, 2006 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Zella Elizenberry – Affordable Housing Committee Brochure
6:40 Cape Light Compact Representative
6:50 Richard Terry – Mashpee Woods Project
7:00 Public Hearing (cont’d) – Entertainment License - Café de la Terre
7:10 Public Hearing – Livery Service – ABD Coach & Limousine Service
7:20 Public Hearing – Change of Liquor License Type and Manager - Willowbend
7:30 Public Hearing – Wine/Malt Package Store -Bourne Petroleum Ltd.,
d/b/a Mashpee Shell
7:40 Public Hearing – Amend Fuel Permit - Little River Boat Yard
COMMUNICATIONS & CORRESPONDENCE
1) Reappointment List – Boards and Committees
OLD BUSINESS
1) Recommendation for Bid Acceptance – Paving
NEW BUSINESS
1) Handicapped Parking Fines
2) Recommendation for Policy Acceptance – South Cape Beach
3) Recommendation for Appointment – Special Events Committee
4) Recommendation for Appointment – Waterways Commission
5) Acceptance of Resignation – Board Secretary
6) Acceptance of Resignation – Historical Commission
7) Approval of Information Center – Mashpee Chamber of Commerce
8) GASB 45 – County Retirement Association
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 5, 2006
Present: Selectman Taylor, Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, May 15, 2006 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, May 15, 2006 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
Helen Edwards came before the Board to request action on property described as 73 Lovell’s Lane, Mashpee where illegal dumping is occurring on residential property. It was noted that eleven unregistered vehicles, washing machines and trailers are among the debris. Ms. Edwards indicated she discussed this matter with the Selectmen approximately five years ago.
In response, the Town Manager indicated she would conduct an immediate review of this matter. It was noted the Town bylaw permits one unregistered vehicle on residential property.
In other business, Zella Elizenberry Chair of the Affordable Housing Committee presented a brochure to the Selectmen, a part of the committee’s initiative to educate the community. Brochures are being disbursed in public buildings and forums that lobby for affordable housing in the Town of Mashpee.
Cape Light Compact Representative:
Arnold Wallenstein, Mashpee’s representative to the Cape Light Compact was in attendance to reaffirm the Selectmen’s position on the Cape Wind Associates project. It was noted the Cape Light Compact (CLC) is expected to vote at its June 14th meeting on whether to support or to oppose the Cape Wind project. The CLC has had presentations from the Cape Wind and from the project’s opponents.
Mr. Wallenstein indicated he was appointed by the Selectmen with the condition he take no vote or action to support the Cape Wind.
It was reaffirmed the Town as a whole voted not to support the project.
It is also the policy of the Board of Selectmen to not take sides on alternate proposals.
COMMUNICATIONS AND CORRESPONDENCE:
Reappointment List – Boards and Committees:
Correspondence was received from Kathleen Moore; Administrative Assistant dated June 1, 2006 regarding the annual reappointments. The Selectmen were requested to notify Ms. Moore of any comments or corrections.
The Selectmen will be requested to take action on the reappointments at their next meeting on June 19, 2006.
With respect to the Leisure Services Advisory Committee, it was noted that three members are appointed by the Board of Selectmen and three members are appointed by the School Committee.
The Board requested a listing of all boards and committees that have vacancies.
Update – Assessing Department:
The Selectmen were in agreement with the Town Manager’s recommendation to employ the services of an outside consulting firm to assist with the data collector/property listing duties in the Assessing Department. Interviews are currently being conducted to fill the vacancy in the department. The Town Manager would notify the Selectmen of the recommended candidate for employment. It was noted the first advertisement did not obtain a good response for qualified candidates.
Library Building Project:
The Town Manager recommended the Selectmen support the transfer of the Library building project to the Planning & Construction Committee effective September 30, 2006. It was disclosed the Friends of the Mashpee Public Library are in the process of conducting fund raising activities to support the ongoing project and are hoping to reach their goal by the end of September. The Selectmen were in agreement with the Town Manager’s recommendation in accordance with the Town Charter. It was noted the Planning & Construction Committee will begin preliminary review of the existing building.
GASB 45 – County Retirement Association:
Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
A brief discussion followed regarding the County Retirement Association and their bid for a GASB 45 actuary project to maintain increased records. The cost to the Town of Mashpee, a maximum sum of $3,000 is a considerable cost savings. If the Town were to fund the project alone, it is estimate to cost in the range of $40,000 - $60,000.
Motion made by Selectman Green to authorize the GASB 45 with the County Retirement Association.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
EDIC:
Interviews are currently being scheduled to appoint individuals to serve on the Board of Directors for the Mashpee Economic Development Industrial Corporation (EDIC). Of the eight candidates, one is unable to serve. Selectman Cook and the Town Manager are working on the subcommittee and will report to the full Board at the next meeting.
APPOINTMENTS AND HEARINGS:
Richard Terry - Mashpee Woods Project:
Laura Schufeldt, Development Consultant for Mashpee Woods was in attendance with developer Steve Giatrellis and his counsel Richard Terry to request the Selectmen support the next step into the process to allow the proponents to submit comment to the State.
Zella Elizenberry, Chair of the Affordable Housing Committee (AHC) was present with respect to this regard. It was noted that an updated presentation was given to the AHC on May 9, 2006. The Affordable Housing Committee voted unanimously to support the Mashpee Woods Project located on Route 130 as a Local Initiative Project (LIP).
The AHC gave approval subject to concerns regarding traffic and pedestrian safety. The AHC has recommended they be fully explored during the next stages of the approval/permitting process.
Fire Chief George Baker was in attendance and recommended the project go before the Site Review Committee as it develops for ease of inspectional review and to allow the applicant to meet with the different inspectional departments at one time.
Issues of concern related to fire safety that would be further reviewed during building schematics include building construction materials and water supply. It was noted the project has not met before the Water District to discuss this matter and there may be problems regarding water pressure in this area. In terms of response, the Town of Sandwich will also be requested to be the first responder on priorities and first response calls as a result of their close proximity to the project area.
Motion made by Selectman Cook to support the application of Mashpee Woods to move forward with the 40B project application to the State in support of a Local Initiative Project (LIP).
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Public Hearing (cont’d) – Entertainment License – Café de la Terre:
The Board of Selectmen opened the Public Hearing (continued) for Café de la Terre, 25 Market Street, Mashpee Commons, Michael A. Donaldson, Manager for an Inside Entertainment License for live music and amplification system to include Sunday entertainment.
The Public Hearing notice was read aloud in accordance to posting requirements. It was noted the Public Hearing was continued to answer questions regarding the inside portion of the entertainment license application.
Correspondence was received from the Inspector of Buildings and Deputy Fire Chief dated May 15 and May 16, 2006 with respect to this regard.
The applicant was not in attendance to discuss the license application with the Board of Selectmen.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to deny the Inside Entertainment License of Café de la Terre, 25 Market Street, Mashpee Commons, Michael A. Donaldson, Manager as property described as 25 Market Street, Mashpee Commons.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Public Hearing – Livery Service – ABD Coach & Limousine Service:
The Board of Selectmen acting as the Licensing Board opened the Public Hearing on the application of ABD Coach and Limousine Service, Lorna A. Johnson, Owner, for a Livery License for One (1) Vehicle to be exercised at 36 Papnomett Road, Mashpee.
The Public Hearing notice was read aloud. Lorna A. Johnson, owner and operator of the intended vehicle was in attendance to discuss the license application with the Board. It was noted that all necessary inspections have been conducted.
The Board opened the Hearing to solicit comment.
Robert Woolridge asked if the vehicle could accommodate handicap persons and if it is wheelchair accessible. The applicant indicated the trunk would accommodate a wheelchair if necessary.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve the application of ABD Coach and Limousine Service, Lorna A. Johnson, Owner for a Livery License for (1) Vehicle to be exercised at 36 Papnomett Road, Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Recommendation for Bid Acceptance – Paving:
The annual paving bid was presented to the Selectmen in a memorandum dated June 1, 2006 from the Director of Public Works. Greg Taylor, Director was in attendance to recommend the Board award the bid to Lawrence Lynch Corporation.
It was noted the Director conducted further research regarding the low bid firm, Todesca Equipment Co., Inc. The contract was deemed undesirable.
Motion made by Selectman Cook to accept the bid of Lawrence Lynch Corporation for the Annual Paving contract as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Handicapped Parking Fines:
Correspondence was received from the ADA Committee dated March 9, 2006 regarding handicapped parking fines of the Town of Mashpee as amended in October of 2005. The amendment authorizes the Selectmen to set the penalty for violations of handicapped parking in accordance with MGL. At present, the fine shall not be less than $100 and not more than $300.
ADA Committee member Robert Woolridge was in attendance with Rodney Collins, Chief of Police to discuss this matter with the Board of Selectmen. Chief Collins recommended the Board consider a fine much higher than $100.
Motion made by Selectman Cook to set a $200 penalty for handicapped parking in accordance with MGL, Chapter 40, Section 21.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
New ticket booklets are being ordered that would reflect the new increase.
Recommendation for Policy Acceptance – South Cape Beach:
Gus Frederick, Director of Leisure Services was present to recommend the Selectmen approve the updated application for use of parks and beaches in the Town of Mashpee.
The Selectmen requested the application as it pertains to rules and regulations remain consistent with John’s Pond and South Cape Beach. Item #5 Heritage Park shall be amended to delete the wording pertaining to beach. It was agreed the amended application would be copied to the Board of Selectmen.
Motion made by Selectman Myers to approve the Mashpee Leisure Service Application for Use of Town Facilities contingent upon the amendment of rules and regulations for use of facilities.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Change of Liquor License Type and Manager – Willowbend:
Selectman Cook stepped down for the above referenced agenda topic.
The Board of Selectmen acting as the Licensing Authority opened the Public Hearing on the request of Willowbend Country Club, David Southworth, Manager, to Change Manager to David Wood and to Change License Type from Restaurant License to Club License.
The Hearing notice was read aloud in accordance to posting requirements.
David Wood was in attendance with his counsel Jack McElhinney to discuss the license application with the Board of Selectmen. The change of manager and change of license type was briefly reviewed.
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 approve the request of Willowbend Country Club for Change of Manager from David Southworth to David Wood and to Change the License Type from Restaurant License to Club License.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Public Hearing – Wine/Malt Package Store – Bourne Petroleum Ltd., d//b/a Mashpee Shell:
The applicant withdrew his application regarding the above matter as reflected in correspondence dated June 2, 2006.
NEW BUSINESS:
Recommendation for Appointment – Special Events Committee:
Ted Theis submitted a letter of interest to serve on the Special Events Committee. Correspondence was received from Leisure Services Director Gus Frederick dated May 31, 2005 recommending the appointment.
Motion made by Selectman Cook to appoint Ted Theis to the Special Events Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Waterways Commission:
Perry Ellis was recommended for appointment as a full voting member of the Waterways Commission due to lack of quorum. Correspondence was received from Jim Hanks dated May 11, 2006 with respect to this regard.
A letter of interest was received from Mr. Ellis via email dated 6/2/06.
Motion made by Selectman Myers to appoint Perry Ellis as a full voting member of the Waterways Commission.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Board Secretary:
The Selectmen were in receipt of a letter of resignation dated May 21, 2006 from M. Anne Irwin as Board Secretary.
Motion made by Selectman Cook to accept the resignation of M. Anne Irwin as Board Secretary with regret.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Acceptance of Resignation – Historical Commission:
Correspondence was received from Joseph M. Slattery dated April 24, 2006 resigning on this date as a member of the Historical Commission.
Motion made by Selectman Green to accept the resignation of Joseph M. Slattery from the Historical Commission.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Approval of Information Center – Mashpee Chamber of Commerce:
Representatives from the Mashpee Chamber of Commerce were present to request the Selectmen support the agreement for the joint use of the former Heritage Park Kids Klub facility for operation as a visitor’s/welcoming center.
Motion made by Selectman Cahalane to enter into a joint three year agreement with the Mashpee Chamber of Commerce with property located at the Heritage Park facility for the operation of a Visitor’s Center pending Town Counsel’s review and subject to the signing of said license agreement, the Town Manager would oversee the operation on behalf of the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:30 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters. The Board will reconvene
in Open Session at 7:40 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Myers, yes
Selectman Green, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Meeting re-convened: 7:40 p.m.
APPOINTMENTS AND HEARINGS:
Public Hearing – Amend Fuel Permit – Little River Boat Yard:
The Board of Selectmen opened the Public Hearing on the application of Little River Boat yard to amend the Fuel Storage Tank License held at 15 Riverside Road as follows: Underground Storage of 3,500 gallons and Above Ground Storage maximum of 20,000 gallons.
The Hearing notice was read aloud in accordance to posting requirements.
Representatives from Little River Boat Yard were in attendance to discuss the license application with the Board of Selectmen. The Board was requested to amend the license application as follows: Underground Storage of 2,000 gallons and Above Ground Storage maximum of 21,500 gallons.
Fire Chief George Baker was also present to recommend the Selectmen approve the license application in an effort to work towards correcting compliance issues. It was noted, the plan as proposed meets the requirements of MGL, Chapter 148, Section 38H.
Correspondence was received from Wynn & Wynn dated March 22, 2006 regarding the requested modification of the gasoline storage license.
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. 5-0.
Motion made by Selectman Cahalane to amend the Fuel Storage Tank License of Little River Boat Yard as follows: Underground Storage 2,000 gallons and Above Ground Storage maximum of 21,500 gallons.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMMITTEE UPDATE:
Agenda Item Next Meeting:
Assistant Building Inspector re: Zoning Enforcement
Adjournment:
Motion made by Selectman Cahalane to adjourn at 8:48 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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