AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 21, 2006
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, August 7, 2006 Regular and Executive Session
Wednesday, August 9, 2006 Executive Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Proclamation – National GIS Day
6:40 Public Hearing – Café de la Terre – Violation of Liquor License
6:50 Request of Triad – Neighborhood Crime Watch Signs
7:00 Storm Water Report – Charles L. Rowley & Associates
7:10 Request of Friends of the Council on Aging – Thrift Shop Addition
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Annual Town Meeting Warrant Review
NEW BUSINESS
1) Request of the Mashpee Wampanoag Rod & Gun Club – Liquor License
2) Acceptance of Bid for Various Drainage Structures/Appurtenances
3) Acceptance of Resignation – Americans with Disabilities Act Committee
4) Recommendation for Appointment – Americans with Disabilities Act Committee
5) Recommendation for Appointment – Board of Assessors
6) Recommendation for Appointment – Conservation Commission
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 21, 2006
Present: Selectman Taylor, Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager Renè Read
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, August 7, 2006 Regular and Executive Session:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, August 7, 2006 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
Wednesday, August 9, 2006 Executive Session:
Motion made by Selectman Cahalane to approve the Executive
Session minutes of Wednesday, August 9, 2006 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Green abstained.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
APPOINTMENTS AND HEARINGS:
Proclamation – National GIS Day:
Tom Mayo, Assistant Town Planner made note of several activities planned for Geography Awareness Week, November 12 – 18, 2006. Geography Awareness Week promotes geographic literacy in the schools. A proclamation was presented to the Selectmen for approval to promote National Geographic Information Systems (GIS) Day.
The Town of Mashpee is committed to provide GIS services to the general public in an effort to further the Town’s mission of promoting advanced technology for the betterment of its citizens. The GIS is available to the general public on the Town’s website: www.ci.mashpee.ma.us.
Motion made by Selectman Cahalane to endorse the Proclamation designating November 15, 2006 as National GIS Day in the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – Board of Assessors:
Sheldon Holzer submitted a letter of interest to the Selectmen dated October 21, 2005 for appointment to the Board of Assessors. Correspondence was received from the Town Manager dated August 17, 2006 with respect to this regard. Mr. Holzer was recommended for appointment with a term to expire June 30, 2009.
Motion made by Selectman Cook to appoint Sheldon Holzer to the Board of Assessors for a three-year term as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Request of Mashpee Wampanoag Rod & Gun Club – Liquor License:
Selectman Cook stepped down for the above referenced agenda topic.
W. Courtenay Mills, Mashpee Wampanoag Rod & Gun Club was in attendance to request the Selectmen approve the date of September 3, 2006 for use towards their 2006 liquor license.
Motion made by Selectman Cahalane to approve the date of Sunday, September 3, 2006 to the Mashpee Wampanoag Rod & Gun Club 2006 liquor license.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
Acceptance of Bid for Various Drainage Structures/Appurtenances:
Gregory Taylor, Director of Public Works was present to recommend the Selectmen award the contract for various drainage structures/appurtenances to Acme Precast Co., Inc. of Teaticket, MA. It was noted the Town is under existing contract with this firm. The contract would be awarded for the remainder of FY07.
Motion made by Selectman Myers to accept the bid from Acme Precast Co., Inc. for the purchase of various drainage structures/appurtenances as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Americans with Disabilities Act Committee:
Correspondence was received from Ann Bradshaw; Superintendent of Schools dated August 2, 2006 advising she would no longer be able to serve on the ADA Committee.
Motion made by Selectman Green to accept the resignation of Ann Bradshaw from the Americans with Disabilities Act Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Americans with Disabilities Act Committee:
Robert Wooldridge, Secretary to the ADA Committee remitted communication to the Selectmen dated August 14, 2006 recommending the appointment of Ira Brown, Business Manager of the Mashpee Public Schools to the Americans with Disabilities Act Committee to fill the vacancy created by Ann Bradshaw.
Motion made by Selectman Cook to appoint Ira Brown, School Business Manager to the Americans with Disabilities Act Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Conservation Commission:
A letter of recommendation was received from Conservation Agent Steven Solbo dated August 9, 2006 relative to appointment to the Conservation Commission. John Rogers was the recommended candidate to become a full voting member to fill the vacancy created by Michael Talbot.
Motion made by Selectman Cahalane to appoint John Rogers to the Conservation Commission to fill the unexpired term of Michael Talbot.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Café de la Terre – Violation of Liquor License:
Selectman Cook stepped down for the above referenced Hearing.
The Hearing notice was read aloud in accordance to posting procedures and requirements. Michael Donaldson, Manager of Café de la Terre was in attendance to discuss violations relative to the liquor license and entertainment license of the establishment with members of the Board of Selectmen.
Correspondence was remitted to Mr. Donaldson via certified mail dated July 24, 2006 of the restaurant’s intention to expand the outside dining area on July 29, 2006 for the Mashpee Night at the Pops event. The liquor license for Café de la Terre is specified as 10’ x 40’ with seating for forty (40). In addition, the establishment was advertising entertainment until 10:00 p.m. The entertainment permit held by Café de la Terre states entertainment until 9:00 p.m. (outside only).
Mr. Donaldson regretfully discussed the violations related to the annual Mashpee Night of the Pops event, and apologized to the Selectmen for the fault of Café de la Terre restaurant. The Board of Selectmen reviewed the violations in detail with Mr. Donaldson and conveyed strong concern to the matter of reprimand.
Mr. Donaldson was requested to further delineate and enclose the outside seating area to identify the restrictions of the license premise. The license is deemed a privilege and not a right.
*Motion made by Selectman Green to authorize a one-day suspension with a stern warning to suspend the liquor license of Café de la Terre if the event were to re-occur.
Motion seconded by Selectman Myers.
VOTE: 2-2. Motion does not carry.
Motion made by Selectman Cahalane to give a strong warning to Café de la Terre to not allow the incident as referenced to re-occur.
Motion seconded by Selectman Taylor.
VOTE: 2-1. Motion carries.
Selectman Myers opposed, Selectman Green abstained, Selectman Cook absent.
Selectman Cook stepped down for the above referenced agenda topic.
Correspondence was received from Rodney Collins; Chief of Police dated July 31, 2006 regarding findings relative to the above named establishment.
The matter of outside entertainment after 9:00 p.m. was reviewed in detail with the licensee Michael Donaldson. The applicant expressed regret and apologized to the Selectmen for his actions. The Board articulated disappointment to the referenced matter.
Motion made by Selectman Cahalane to place the Entertainment License of Café de la Terre on probation. Live outside entertainment shall close at 9:00 p.m. and shall not be reviewed until one-year from this date (August 21, 2007). Any further violations shall mean forfeiture of said entertainment license.
Motions seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Request of Triad – Neighborhood Crime Watch Signs:
John MacLeod, Mashpee Triad was in attendance to request the Selectmen approve the installation of Neighborhood Crime Watch warning signs at the following locations;
One sign, in-bound to South Cape Beach on Great Oak Road,
One sign, in-bound at the Falmouth-Mashpee town line at Old Barnstable Road
It was noted the Chief of Police has supported the request of Triad. The Department of Public Works would offer assistance to install the signs at meaningful site locations.
Motion made by Selectman Myers to accept the placement of Neighborhood Crime Watch signs at the recommended site locations.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Storm Water Report – Charles Rowley & Associates:
Engineer Charles L. Rowley discussed the Storm Water Report on
Runoff to Mashpee and Santuit Rivers from Public Ways dated May 17, 2006. On-site inspection of existing storm water drainage facilities at the Santuit River Road crossings and Mashpee River Road crossings are reported to be in generally good condition.
Mr. Rowley discussed the report in detail with members of the Board of Selectmen. It was noted the report is intended to be a general overview of existing conditions. The Planning Board requested the report for their input to the Blue Ribbon Comprehensive Committee for discussion purposes regarding surface and groundwater quality issues.
The runoff from Route 130 at the Mashpee River and Herring Run is well controlled. The site is a subject of reconstruction in recent years with the use of grant funding to provide storm water remediation. Most of the runoff from Route 130 toward the Mashpee River does not enter the river directly.
On-site inspection made to the Santuit River at Quinaquisset Avenue located at the town line between the Towns of Mashpee and Barnstable were reviewed and studied. There is no control of storm water runoff from Quinaquisset Avenue on the Mashpee side of the Santuit River other than the collection system built with the bridge reconstruction. The grade of the road helps to attenuate the rapid flow of the runoff. No significant points of sediment buildup were observed, but there are no other control measures other than a soil berm on the water side of the road.
Mr. Rowley conducted a site visit to the Santuit River at Old Mill Road. He reported that drainage conditions on the Mashpee side of the Santuit River could be improved with the addition of catch basins and infiltration systems. Work to improve drainage discharges on the easterly side of the river would have to be done in cooperation with the Town of Barnstable.
Quinaquisset Avenue at the Mashpee River Woodlands area was observed. It was determined there is no direct sediment discharge to the Mashpee River from the paved waterways on Quinaquisset Avenue. There is no direct runoff from the drainage system in Route 28 that discharges directly to the Mashpee River. However, Mr. Rowley recommended that erosion control and maintenance be undertaken at the paved waterways on the southerly side of Quinaquisset Avenue to prevent washouts of the bank.
Photographs in the report detail the site inspections and observations conducted by Mr. Rowley. Priorities for improvement include the site location of Quinaquisset Avenue near Route 28 and the Old Mill Road location at the Santuit River.
The Town of Barnstable would be requested to maintain its catch basins at the shared waterways locations.
Request of Friends of the Council on Aging – Thrift Shop Addition:
The Friends of the Mashpee Council on Aging have requested the Selectmen support a 10’ x 10’ addition to the existing thrift shop on Frank Hicks Drive. The addition would be used for storage and sorting purposes.
Motion made by Selectman Cook to approve the request of the Council on Aging to construct a 10’ x 10’ addition to the existing Thrift Shop.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Annual Town Meeting Warrant Review:
The Board of Selectmen reviewed the draft Annual October Town Meeting warrant dated August 17, 2006 and made the following amendments;
To change the position of Administrative Clerk in the Department of Public Works to Administrative Secretary increasing the hours from 19 hours per week to 30 hours per week. It was the recommendation of Town Manager to increase the hours to 37.5 hours per week.
*Motion made by Selectman Myers to support the Department of Public Works change to Administrative Secretary 37.5 hours per week as recommended.
Motion seconded by Selectman Cook.
VOTE: 4-1. Motion carries.
Selectman Taylor in opposition.
(*Article withdrawn as noted below)
To fund part-time (18 hour) Clerk position and to appropriate a total of $7,462 to the Assessing Department part-time salary ($7,141) and Medicare ($321) account.
The Chair recommended the Board reconsider the above action and related requests to increase and fund hours in May during the regular budgetary process.
Motion made by Selectman Myers to withdraw the above motion and reconsider in May, the DPW and Assessing Department positions.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to remove the DPW and Assessing Department articles relative to increased departmental hours from the October Town Meeting warrant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The article relative to the Riverside Road project was HELD for additional information.
The article to continue participation in the Community Septic Management Program and the Massachusetts Water Pollution Abatement Trust for the purpose of making loans to residents in Town for repairing and/or upgrading residential septic systems was HELD for further information.
An article submitted by the Historical Commission to raise and appropriate the sum of $20,000 to the Archaeological Survey Account toward the completion of a Town-wide archaeological reconnaissance survey was removed from the warrant. The commission is expected to seek grant funding initiatives. A memorandum would be sent to the Tribal Council with respect to this regard. In the event grant funding is not attained, the article would be deferred to the May Annual Town Meeting. REMOVED.
A lengthy article submitted by the Waterways Commission relative to Use of Waterways was HELD for additional information. It was agreed that changes would be underlined for clarification purposes.
With regards to the Capital Improvement Program (CIP) Committee and recommendations for capital funding, the Selectmen agreed to hold an article for the warrant. A report of intended capital items to be funded would be presented to the Board at their next meeting for additional review and consideration.
An article to appropriate and transfer funds from the Overlay Surplus account to the Assessor’s Revaluation account was presented to the Selectmen for approval.
Motion made by Selectman Cook to place an Article on the October Town Meeting warrant relative to the transfer of funds from the Overlay Surplus account to the Assessor’s Revaluation account.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The Town Manager recommended the Board re-submit a May Town Meeting article that would earmark the sum of $100,350 to the School Department for the purpose of improving technology, purchasing new textbooks, and to fund additional professional development. It was noted the funding would derive from Chapter 70 state education aid.
Motion made by Selectman Cook to place an Article on the October Town Meeting warrant to earmark $100,350 to the Schools for professional development, technology and textbooks as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
The three new articles for the warrant include; the Capital Improvement Program (CIP), the Assessor’s Revaluation Account and the above referenced School funding article.
The Selectmen took the following action on the October Town Meeting warrant Petition Articles;
To layout the public way of Meadowbrook Road – APPROVED
To amend the Zoning Bylaw to change the zoning on a lot at the southeast corner of Route 28 and Orchard Road from a R-5 Residential to C-2 Commercial – REMOVED; ARTICLE DEEMED DEFECTIVE
To prepare a plan to lay-out and define Equestrian Avenue – APPROVED
The article would accept the provisions of MGL Chapter 41 Section 100B providing Indemnification of Retired Police Officers and Firefighters – OPPOSED; It was agreed, the process should go through contract negotiations.
Motion made by Selectman Cahalane to not support the Petition Article relative to the Indemnification of Retired Police Officers and Firefighters.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMPREHENSIVE COMMITTEE:
A flyer relative to water usage prepared by Ted Theis is anticipated to be distributed to voters at the Annual Town Meeting.
The Selectmen agreed to support the research of the BRCC regarding the concept to create an account such as the Land Bank for the placement of funds to be earmarked for future expenses associated to the sewer project.
Town Counsel would be consulted with respect to this regard.
MMR:
It was disclosed a report is forthcoming regarding the status of the clean-up and the effect of the plume on the Quashnet bogs.
Adjournment:
Motion made by Selectman Cook to adjourn at 8:38 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Myers.
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
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