AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 31, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Monday, January 3, 2005 Regular and Executive Sessions
Monday, January 10, 2005 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:00 Executive Session - Government Consulting Group, Inc.
6:30 Public Comment
6:40 Public Hearing – Zoe, Inc., Change of Location
6:50 Public Hearing (cont’d) – Planet Restaurant, Inc., d/b/a Giovanni’s
- Change of Officers, Transfer of Stock, Change of Manager
- Request to Temporary Close – Planet Restaurant, Inc.
7:00 Canal Project Management Corporation – Mashpee Woods Proposal
7:10 DPW Director
- Update on Coombs School Parking Lot
- Road Bond Projects
- Route 151 and Old Barnstable Traffic Signal
- Route 28 and Orchard Road Traffic Signal Update
- Request for Authorization to Expend Funds – Snow and Ice Account
- Schedule of Values for Labor and Equipment
- Agreement –Weekly Trash Pickup
7:20 Public Hearing – Harbor Ridge Road
COMMUNICATIONS & CORRESPONDENCE
1) Mashpee Commons Limited Partnership - DCPC
OLD BUSINESS
NEW BUSINESS
2) Request of Rod & Gun Club – Liquor License
3) Recommendation for Appointment – Affordable Housing Committee
4) Recommendation for Appointment – Americans with Disabilities Act Committee (Alternate)
5) Review and Execution of Agreement – Flagship Storage
6) Review and Execution of Amendment to Agreement – STG Consultant Services
7) Trout Pond Culvert Discussion
8) Grant Application – Santuit Pond Dam
9) Approval of Senior Center Change Order #11
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 31, 2005
Present: Selectman Cahalane, Selectman Green,
Selectman Taylor, Selectman Myers
Town Manager Joyce Mason
Absent: Selectman Marsters
Meeting Called to Order by Chairman Cahalane at 6:05 p.m.
Town Hall, Conference Room #1.
Executive Session – Government Consulting Group, Inc.:
Motion made by Selectman Green to adjourn at 6:06 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 approximately 6:30 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, absent
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Adjournment:
Motion made by Selectmen Taylor to adjourn at 6:49 p.m.
The Board will enter into Open Session at this time.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, absent
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Meeting re-convened: 6:50 p.m.
MINUTES:
Monday, January 3, 2005 Regular and Executive Sessions:
Motion made by Selectman Green to approve the Regular and
Executive Session minutes of Monday, January 3, 2005 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Monday, January 10, 2005 Regular and Executive Sessions:
Motion made by Selectman Myers to approve the Regular and
Executive Session minutes of Monday, January 10, 2005 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Selectman Cahalane abstained.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
Public Hearing – Zoe, Inc., Change of Location:
Joyce Mason, Town Manager opened the Public Hearing on the Petition for License Transaction of Zoe, Inc., Thomas Poole, Manager for a change of location from 7 Market Street, Unit 106 to 38 Bates Road, Mashpee.
The Public Hearing notice was read aloud into the record. Thomas Poole, Manager was present to discuss the license application with the Board of Selectmen. It was noted that the Hearing was continued from January 24, 2005 due to the recent snow storm.
Mr. Poole presented necessary paperwork that included notification to abutters. He was requested to remit to the Office of the Town Manager, a corrected lease showing the new premise site location upon approval from the ABCC.
Being no comment, the Selectmen motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Motion made by Selectman Myers to approve pursuant to Chapter 138 of MGL, the Petition for License Transaction of Zoe, Inc., Thomas Poole, Manager for a change of location from 7 Market Street, Unit 106 to 38 Bates Road, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Public Hearing (cont’d) – Planet Restaurant, Inc., db/a Giovanni’s
Change of Officers, Transfer of Stock, Change of Manager:
The Town Manager opened the Public Hearing on the application of Planet Restaurant, Inc., d/b/a Giovanni’s for the following: Change of Officers, Transfer of Stock and Change of Manager, for the All Alcohol Restaurant Liquor License held at 681 Falmouth Highway, Mashpee.
The Hearing notice was properly posted in the paper for public notification purposes. Attorney Richard Dalton was present with Edmond Richardi, Jr. President and Manager of Planet Restaurant, Inc. to discuss the license application with the Board of Selectmen. All applicable documents supporting the Change of Officers, Transfer of Stock and Change of Manager were in order for the Selectmen’s approval.
When asked for proof of the extension of the lease, Attorney Dalton stated that it is not a requirement to receive confirmation to exercise notification of intent to extend the lease term. It was noted however, that a letter, from former counsel representing the previous manger, Kim Manoli dated December 10, 2002 made note of her intent to exercise the option to extend the lease term for an additional five-year period commencing March 1, 2003. Attorney Dalton indicated that after the date of March 1, 2003, rent checks and correspondence has been directed to Mr. Richardi as tenant of the noted premises. Bills have been paid which indicate an ongoing relationship between the owner and the tenant.
Being no comment, the Selectmen motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Motion made by Selectman Green to approve the application of Planet Restaurant, inc., d/b/a Giovanni’s for the following: Change of Officers, Transfer of Stock and Change of Manager from Kim Manoli to Edmond M. Richardi, Jr., for the All Alcohol Restaurant Liquor License held at 681 Falmouth Highway, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Request to Temporary Close – Planet Restaurant, Inc.
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Mr. Richardi requested the Selectmen approve the temporary closure of Giovanni’s for maintenance and remodeling purposes. He anticipates reopening the restaurant on or about March 1, 2005.
Correspondence was received from the Board of Health dated January 31, 2005 regarding the status of the Giovanni Restaurant food establishment permit. It was noted that the 2005 food establishment permit has not been issued, and will not be issued by the Board of Health until a decision has been made regarding septic compliance.
Motion made by Selectman Green to approve the closure of Planet Restaurant, Inc., d/b/a Giovanni’s for repairs and maintenance to April 1, 2005.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Canal Project Management Corporation – Mashpee Woods Proposal:
Roland Dupont, Canal Project Management Corporation gave an in-depth presentation on the proposed mixed-use subdivision to be located at 588 Main Street, Route 130 Mashpee.
The project proposal was presented by Mr. Dupont on behalf of his client ABKJJT, LLC and the applicant developers Stephen Giatrellis and Jay Miller. Project proponent, Giatrellis was in attendance to assist in presenting the proposal to the Board of Selectmen.
A component of the subdivision includes a residential development with 120 rental apartment units in five three story buildings on a site of 6 acres.
Twenty-five percent of the units (30) would be affordable. Five percent of the units (6) would be handicap accessible.
The lot size is an area of 48.1 acres which would include ten commercial-industrial lots at an estimated 1 acre to 1.5 acres to be used as contractor buildings and storage units for businesses.
The proposal includes the development of a 200 seat restaurant on 1.87 acres, and a four unit office medical building, approximately 9,900 square feet.
Passive and active recreational open space is presented to encompass 6.3 acres. It was noted that the subject property abuts 15 acres of open space.
For disclosure, Mr. Dupont read aloud a letter from Robert Murray, Executive Director of the Falmouth Housing Authority in support of the development of the Mashpee Woods project proposal.
Correspondence was also received from Zella Elizenberry, Chair of the Mashpee Affordable Housing Committee dated January 19, 2005 indicating their unanimous vote of support to the ABKJJT, LLC’s Mashpee Woods 120-unit 40B apartment development. The vote was conditional based upon some concerns outlined in the letter addresses to Selectman Cahalane.
It was noted that Mashpee Fire Chief George Baker also remitted comments to the site plan review.
DPW Director:
Update on Coombs School Parking Lot:
Gregory Taylor, Director of Public Works gave a presentation to the Board regarding the Coombs School Parking Lot reconstruction project. It was noted that the renovation project to improve traffic flow and maintain safety was approved by voters at the May Town Meeting as part of a $1.2 million dollar road bond project.
The project will be presented to the School Committee this week. The bulk of the construction to substantial completion includes paving, drainage and lighting is anticipated to last five weeks beginning in the early summer. Bids in response to the request for proposal are due on March 7, 2005.
Road Bond Projects:
Mr. Taylor presented a list of road areas slated for improvement this year and in fiscal year 2006 with road bond funds. The following roads will receive surface treatment: Timberland Drive, Jackson Road, Quaker Run Road, Dove Lane, James Circle, Florence Avenue, Owl Lane, Pond Circle, Robin Lane, Terry Avenue and Sunset Circle.
Roads slated for reconstruction include; Lovell’s Lane, Quashnet Road, Lowell Road, the DPW Parking Lot and the Transfer Station.
Route 151 and Old Barnstable Traffic Signal:
A study of the signal timing with the actual traffic counts has established that the phasing and program is appropriate with the traffic flow at the traffic signal and intersection of Route 151 and Old Barnstable Road. A minor adjustment was made to change the gap time by one second.
Route 28 and Orchard Road Traffic Signal Update:
Mr. Taylor recommended the Board of Selectmen remit communication to applicable legislative agencies to urge the State to move forward with the signalization project at the Orchard Road and Route 28 intersection. At this time, the actual design is not in place.
Request for Authorization to Expend Funs – Snow & Ice Account:
As a result of increased snow and ice operations for fiscal year 2005, Mr. Taylor requested the Selectmen authorize his department to deficit spend for public safety. A detailed breakdown of departmental expenditures through January 17, 2005 was presented to the Selectmen for additional review.
Motion made by Selectman Taylor to authorize the Department of Public Works to deficit spend the Snow & Ice budget for public safety.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Schedule of Values for Labor and Equipment:
A comparison Schedule of Values used by the Department of Public Works to assess labor and equipment costs when the Town performs work on private property was presented to the Selectmen for review.
It was noted that the Schedule of Values was last updated in 1999 for calendar year 2000. Due to increases in wages, insurance costs, fuel, equipment and repair costs, it was recommended the Selectmen approve the increased value proposed by the DPW Director.
Motion made by Selectman Myers to accept effective immediately, the DPW Labor and Equipment Schedule of Values for 2005 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Agreement – Weekly Trash Pickup:
The above referenced agenda topic was deferred at this time.
Public Hearing – Harbor Ridge Road:
The Selectmen opened the Public Hearing to consider the adoption of a proposed Town road layout as shown on a plan entitled “Easement Taking and Layout Plan of Harbor Ridge Road” prepared by Eagle Surveying, Inc., and dated November 16, 2000.
A betterment reflecting the maximum allowable charge by the Town of Mashpee was presented for review. The maximum sum of $4,677.11 is estimated to be borne by 11 property owners. The total estimated cost including construction, legal/engineering and interest costs is $51,448.25.
For disclosure, it was noted that correspondence was received from the Rothberg’s and McConnell’s, residents of #3 and #7 Harbor Ridge in objection to the proposed betterment cost schedule.
Mary Ellen Raab, 22 Harbor Ridge Road discussed the petition process with the Selectmen and requested the Town re-inspect the road, take an additional core sample and report the findings to the homeowners association of Harbor Ridge Road. It was agreed that the DPW Director would review the site and take 2-3 additional samples in the spring.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Grant Application – Santuit Pond Dam:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Eric Smith, Assistant Town Planner was present to request the Selectmen support the grant application to repair the Santuit Pond Dam. The grant is part of FEMA’s Pre-Disaster Mitigation Program. A 25% match is required. If attained, the Town would contribute $100,000 towards the $400,000 estimated repair. It was agreed the Town of Barnstable would be consulted with respect to this regard.
Motion made by Selectman Green to approve the request to submit an application to FEMA for grant funds to assist with the repair of the Santuit Pond Dam.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
COMMUNICATIONS AND CORRESPONDENCE:
Mashpee Commons Limited Partnership – DCPC:
For informational purposes the Selectmen were in receipt of a memorandum from Douglas Storrs, Mashpee Commons Limited Partnership addressed to the Planning Board dated January 21, 2005 relative to the proposed DCPC.
Mr. Storrs indicated in his letter that he feels strongly that, based upon the Planning Board’s “call to action” that the Town is willing and capable of addressing the issues raised by the board in its draft DCPC application without the need for a DCPC.
It was noted that the Planning Board has granted the Selectmen an extension of their comment period. The matter is expected to appear before the Board at their next scheduled meeting.
Request of Rod & Gun Club – Liquor License:
Correspondence was received from the Mashpee Wampanoag Rod and Gun Club dated January 13, 2005 presenting twenty-four dates in 2005 to use for their monthly liquor license. It was noted that the Club pays the Town $25 per event. Discussion followed with regards to the liability insurance requirement for this type of license. Copies shall be retained on file in the Office of the Town Manager.
Motion made by Selectman Taylor to approve the request of the Mashpee Wampanoag Rod & Gun Club for twenty-four one-day liquor licenses as referenced in the memorandum of 1/13/05 with the condition that liability insurance is secured.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Affordable Housing Committee:
A letter of interest was submitted from Julius Rosales for appointment to the Affordable Housing Committee. Communication was received from the Affordable Housing Committee dated January 12, 2005 recommending the appointment.
Motion made by Selectman Taylor to appoint Julius Rosales to the Mashpee Affordable Housing Committee as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Americans with Disabilities Act Committee (Alternate):
Charles Maintanis, the Town’s Local Inspector was recommended by the ADA Committee for appointment as an Alternate Member.
Motion made by Selectman Green to appoint Charles Maintanis as an Alternate Member of the Americans with Disabilities Act Committee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Review and Execution of Agreement – Flagship Storage:
The additional agenda topic was deferred for additional information.
Review and Execution of Amendment to Agreement – STG Consulting Services:
Copies of a revised amendment to the Agreement between the Town of Mashpee and STG Consultant Services relative to the FY03 Community Development Fund Grant were presented to the Selectmen for approval. The amendment extends the contract and increases the compensation as a result of the extended time period of the grant. The grant is extended to 6/30/05. Grant funds are available to support the amendment.
Motion made by Selectman Taylor to approve and execute Amendment No. 2 to the contract Agreement between the Town and STG Consultant Services in the amount of $4,560 relative to the FY03 Community Development Fund Grant.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Trout Pond Culvert Discussion:
The Selectmen were in receipt of communication from Mashpee Commons Limited Partnership dated January 5, 2005 regarding the current status of the outfall at Trout Pond. The culvert that serves as the outfall to the pond under River Road is in the state of near failure and water is periodically overflowing causing erosion to the road.
It was recommended that boulders be placed at each end of this section of the road so that vehicles cannot access this portion of the roadway. It is an interim solution. It was agreed that the Fire Chief would be consulted with respect to this regard.
Motion made by Selectman Myers to approve the placement of boulders as referenced on River Road subject to the Fire Chief’s approval.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Approval of Change Order #11 – Senior Center:
Motion made by Selectman Green to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Motion made by Selectman Taylor to approve Senior Center Change Order #11 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:28 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing potential litigation and contract negotiations.
The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, yes
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:50 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Roll Call Vote: Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, absent
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
| 
