AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 6, 2005
6:30 P.M. – Convene Meeting – Town Hall Conference Room 1
MINUTES
Acceptance of the following:
Monday, May 16, 2005 Regular Session
Monday, May 23, 2005 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 The Flume Restaurant
6:50 Request of Ed Larkin – Extend Bylaw Review Committee
7:00 Joint Appointment – School Committee
7:10 Barnstable County Assembly of Delegates – Home Rule Charter Discussion
COMMUNICATIONS & CORRESPONCE
1) Town of Brewster – Potential Legislation for Taxation of Seasonal Rental of
Residential Units
2) Town of Provincetown – Cape Cod Regional Technical School District
Assessments
OLD BUSINESS
1) Recommendation for Annual Reappointments – Board of Selectmen
NEW BUSINESS
1) Recommendation for Appointments – Board of Selectmen
2) Recommendation for Bid Acceptance – Beach Concessions
3) Execution of Agreement – Sealer of Weights & Measures
4) Acceptance of Resignation – Affirmative Action Committee
5) Acceptance of Resignation – Bylaw Review Committee
6) Board & Committee Stipends
7) Herring Warden Discussion
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 6, 2005
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, May 16, 2005 Regular Session:
Motion made by Selectman Cahalane to approve the Regular
Session minutes of Monday, May 16, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
Monday, May 23, 2005 Regular Session:
Motion made by Selectman Cahalane to approve the Regular
Session minutes of Monday, May 23, 2005 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Approximately twenty-five residents of the Mashpee-Wakeby Pond area were present to voice concern over the high pond water levels that have caused shoreline erosion and damage to residential property.
Several members of the Mashpee-Wakeby Lake Management Committee were also in attendance to request the Selectmen implement a plan to manage the water levels of the pond.
Mashpee resident Wayne Carloni indicated that he lives on the pond in a hundred-year old home that was a former boathouse. He discussed the problems that he is having on the land and pleaded with the Selectmen to lower the pond levels for the sake of the shoreline and lake property owners.
Lake Management Committee member Barbara Nichols related concern with respect to the lack of Town representation at their meeting of May 24th. It was noted however that Town representatives attended the Lake Management Committee meeting of May 19, 2005 to discuss this concern.
Ms. Nichols indicated that the Harbormaster/Herring Warden, Perry Ellis removed one 2x4 from the flume on May 13th, but the lake is still 9.5” over the maximum level. Ms. Nichols added that the pond could easily withstand the removal of another board. It was noted that Horsely & Witten, a firm hired to study the water levels of the pond determined the dam at the pond could be used to effectively protect shoreline properties. Ms. Nichols also stated that the water skis and jet boats are now adding to the erosion of the shoreline.
Gerald Stanney, Melissa Avenue stated that he has never seen the lake this high in over forty-five years. He presented photographs to the Selectmen depicting various damaged areas of the pond and also related concern with regards to the wave damage that is occurring with increased boaters. For the record, it was noted that Mr. Stanney presented a letter to the Selectmen from Peter Salenius dated June 5, 2005 with respect to this regard.
Lake Management Committee chair William Marsters indicated that the Lake Management Committee should be involved in the management of the lake. His concern with the problem of the lake has been ongoing for the past ten years. Maryanne McGonagle voiced support for the Lake Management Committee. Personally she is losing two sides of a wall at her home due to shoreline erosion.
Nancy Jo Goulart asked the Selectmen who is to pay for the property damage and shoreline erosion. She questioned the decision of the Herring Warden to allow the boards to remain at their present level.
William Martiros indicated that he has lived on John’s Pond since 1968. He asked why the Town does not follow the same rules that are laid out for the maintenance of the flume at John’s Pond. Mr. Martiros made note of the initial permit which pre-determined the height level in the pond.
Ralph Marcelli suggested that a committee be formed to manage the level of water flow at the pond.
In response, Selectman Green indicated the Town is taking prudent steps to lower the water levels as fast as possible. It was noted that 926,000 cubic feet of water flows out of the pond and into the river daily. The Mashpee Wakeby Pond is in the middle of a water zone of contribution that encompasses 4018 acres, which means the pond is collecting water from areas outside of Mashpee.
The Selectmen did not get into further detail as the matter was not an agenda topic for discussion. Perry Ellis, Harbormaster/Herring Warden was present, but did not comment at this time.
Joyce Mason, the Town Manager stated that Mr. Ellis would remove an additional 2x4 board on Tuesday or Wednesday of this week once the Department of Public Works has removed the sand build-up that is partially blocking the dam.
For the record, it was stated the Harbormaster/Herring Warden maintains control of the water level at the ponds.
APPOINTMENTS AND HEARINGS:
The Flume Restaurant:
Selectman Cook stepped down for the above referenced agenda topic of discussion.
The Board of Selectmen met with Kenneth McNulty of McNulty Management, Inc., d/b/a the Flume to discuss matters relative to the closure of the business beyond the extension of April 30, 2005.
Correspondence was received from the Board of Health Agent dated March 21, 2005 regarding the status of the Flume Restaurant. The letter indicates that Mr. McNulty met with the Board of Health in January 2004 to determine a timeline of the installation of a retrofitted denitrification unit required per Regulation #70 of the Board of Health. Two requests for extension of the installation were approved due to the condition of financial hardship.
On May 12, 2005, Mr. McNulty received a letter from the Board of Health regarding their vote to revoke/deny a 2005 food establishment permit for the facility due to noncompliance of Regulation #70, and due to the lack of the installation of the required denitrification system.
Mr. McNulty was offered the opportunity to show cause why the All Alcohol Restaurant License should not be modified, suspended, revoked or cancelled.
It was noted that Mr. McNulty did not respond to the Office of the Board of Selectmen on the matter of closure beyond the extension date of April 30, 2005.
Mr. McNulty indicated that he was unable to secure financing for the installation of a denitrification system at the subject restaurant facility. Mr. McNulty stated that he has a potential buyer for the property and the liquor license is part of the sale of the property. To date, a purchase and sale agreement has not been secured with the perspective buyer.
The Board of Health has not received any filing regarding the upgrade of the septic system to date.
Motion made by Selectman Myers to revoke the All Alcohol Restaurant License of McNulty Management, Inc., d/b/a The Flume effective immediately.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Request of Ed Larkin – Extend Bylaw Review Committee:
Ed Larkin read aloud the following for the record:
WHEREAS the committee established pursuant to the requirement of section 8-5(a) of the Mashpee home rule charter was additionally assigned the responsibility to review all of the special laws applicable to Mashpee (in order to meet the requirements of the second paragraph of MGL chapter 43B, section 12), and
WHEREAS the report of the committee established under section 8-5(a) of the Mashpee home rule charter as contained in articles 13 and 14 of the warrant for the 2005 annual meeting of the town was not affirmatively acted upon by the said town meeting, and
WHEREAS it is essential to the smooth operation of the government of the Town of Mashpee that said special laws and by-laws be revised, updated and brought into conformity with the home rule charter approved by the voters at the town election in 2004, and
WHEREAS the Board of Selectmen believe that it is in the best interests of the Town of Mashpee that the existing committee continue to perform the review and revision work which was assigned to it a year ago and to be available to advocate the necessary changes at a future town meeting,
NOW THEREFORE the Board of Selectmen does hereby, pursuant to the authority granted to it by section 8-5(b) of the Mashpee home rule charter revive, extend and continue the said committee established in {May 2004} pursuant to the provisions of section 8-5(a) of the Mashpee home rule charter until such time as the said committee has completed its assignment and requested that it be discharged.
Motion made by Selectman Cahalane to extend the Bylaw Review Committee as presently constructed. A timeline has been placed on the extension to; May 2006.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Bylaw Review Committee Membership:
Wayne Taylor
Don Myers
Ed Larkin
Ruth Maney
Curtis Frye
Deborah Dami
Vacancy (Ann Whitlow resigned)
Joint Appointment – School Committee:
Due to lack of quorum, the agenda topic to fill a one-year vacancy was deferred to Friday, June 10, 2005 at 9:00 a.m.
NEW BUSINESS:
Execution of Agreement – Sealer of Weights & Measures:
The Board of Selectmen met with Ray E. Bowman of Mashpee to discuss his personal services agreement for the position of Sealer of Weights & Measures.
Mr. Bowman respectfully requested an increase in compensation to his present personal services agreement to support an increased workload and added insurance costs. Discussion followed with respect to fees charged by the State of Massachusetts for this type of service. It was noted that presently, the contract in renewed on a yearly basis. To increase fees, it would be necessary to advertise the position of sealer of weights & measures in the public bid process.
The Town Manager recommended the Board vote to re-bid the contract.
Motion made by Selectman Myers to advertise for open bid, the position of Sealer of Weights & Measures from July 1, 2005 through June 30, 2006.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Town of Brewster – Potential Legislation for Taxation of Seasonal Rental of Residential Units:
Correspondence was received from the Town of Brewster dated May 12, 2005 relative to potential legislation for taxation of seasonal rental of residential units. The majority of the Brewster Board of Selectmen is seeking support in investigating various strategies for expanding local revenues. In particular, the possibility of requesting Special Legislation to expand the hotel & motel room tax to include the seasonal and short-term rental of other residential structures such as cottages, condominiums, apartments and single family homes.
It was agreed the correspondence would be forwarded to the Tax Collector for input and review. The impact of such a law if it were passed would also be taken under consideration. The matter was tabled at this time.
Town of Provincetown – Cape Cod Regional Technical School District Assessments:
Correspondence was received from the Town of Provincetown dated May 5, 2005 regarding the Cape Cod Regional Technical School assessment formula that would reallocate the sum of the member towns’ contribution to the CCRT High School District in accordance with the Regional Agreement rather than the Education Reform Formula.
The matter was reviewed for informational purposes and taken under advisement. There was no action to pursue the recommendation.
OLD BUSINESS:
Recommendation for Appointments – Board of Selectmen:
The Board of Selectmen reviewed the annual reappointment list. Amendments to the list include the removal of Ray E. Bowman as Sealer of Weights & Measures, Americans with Disabilities Act Committee to insert the newly appointed School Superintendent Ann Bradshaw.
Motion made by Selectman Cahalane to approve the Selectmen Reappointment List as amended. Reappointment dates July 1, 2005 through June 30th as noted. (enclosed)
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Committee Appointment List – Approval deferred to June 20, 2005.
NEW BUSINESS:
Recommendation for Bid Acceptance – Beach Concessions:
Gus Frederick, Director of Leisure Services presented the bid proposals for the operation of the Concessions at Town Beaches to the Selectmen for approval. Cool Licks Concessions of New Bedford submitted the low bid that is combined for South Cape Beach and Attaquin/John’s Pond Parks.
Motion made by Selectman Cahalane to award the Beach Concessions bid to Cool Licks Concession in the amount of $4,579.84.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Affirmative Action Committee:
Myrna E. Nuey submitted her resignation as Ex-officio to the Affirmative Action Committee in a memorandum to the Board dated May 26, 2005.
Motion made by Selectman Myers to accept the resignation of Myrna E. Nuey as an Ex-officio member of the Affirmative Action Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Acceptance of Resignation – Bylaw Review Committee:
Ann Whitlow presented correspondence to the Selectmen dated April 15, 2005 resigning from the Bylaw Review Committee.
Motion made by Selectman Myers to accept the resignation of Ann Whitlow from the Bylaw Review Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Board & Committee Stipends:
The agenda topic was deferred to the next Selectmen’s Meeting. A survey of area towns with respect to stipend amounts and eligibility for insurance was distributed for additional review.
APPOINTMENTS AND HEARINGS:
Barnstable County Assembly of Delegates – Home Rule Charter Discussion:
The Assembly of Delegates withdrew the agenda topic of discussion at this time.
Herring Warden Discussion:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Board of Selectmen met with Perry Ellis, Harbormaster/Herring Warden to discuss issues pertaining to the lake levels of Mashpee Wakeby Pond.
Mr. Ellis indicated that the Massachusetts Department of Marine Fisheries requires towns to reserve extra water for the spring herring season. As per the requirement, Mr. Ellis added two 2x4 boards in mid-March.
Mr. Ellis stated that he removed one of the 2x4 boards two weeks ago. After the DPW has adequately removed the sand damage, Mr. Ellis indicated that he will remove another board that will allow more than 8” of water over the dam. It was noted that it takes approximately 7-10 days for the pond to drop 2 to 3” to maintain an 8” solid flow. It takes an estimated 34 days for the pond to drop 12” in the absence of rain.
It was noted that the Herring Warden monitors the pond weekly during the winter months and the Department of Public Works measures and monitors the depth of both ponds on a weekly basis. The Selectmen requested to review a copy of the DPW records regarding the pond levels.
It was also agreed that the Conservation Agent would be consulted regarding conservation issues. Mr. Ellis was requested to update the Selectmen on this matter at the next scheduled Selectmen’s Meeting.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:05 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Green, yes Selectman Taylor, yes
Selectman Myers, yes Selectman Cahalane, yes
Selectman Cook, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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