AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 15, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the following:
Monday, August 1, 2005 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – (cont’d) - Conversion of Private to Public Roads
- Lakewood Drive, Jones Road, Juniper Drive, Linden Road,
Maple Street, Melissa Avenue
6:50 Public Hearing –Class II Used Car License – D’Ambrosio
7:00 Public Hearing – Liquor License Application/ Entertainment License Application – Taylor Holdings, Inc.
7:10 Split Tax Rate Presentation – Director of Assessing
7:20 User Fees for Senior Center – Council on Aging Director
COMMUNICATIONS & CORRESPONDENCE
1) Annual Town Meeting Warrant – Draft #1
2) Special Town Meeting Warrant – Draft #1
OLD BUSINESS
1) Recommendation for Appointments – Community Preservation Act Committee
2) Blue Ribbon Committee
3) Orchard Road Update, Approval & Execution of Agreement
NEW BUSINESS
1) Bikeway/ Sidewalk Discussion
2) Recommendation to Extend Contract – Cleaning Services – Naratoone Building Services
3) Recommendation for Bid Acceptance – Affordable Housing – Habitat for Humanity
4) Sign Request - AFCEE
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 15, 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, August 1, 2005 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, August 1, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
News from Senator O’Leary’s office indicated he is very optimistic about the Chapter 70 bill that is going before the Senate in the fall. The bill as presented would change the education formula to better reflect median income. Information relative to the bill will be forwarded to the Selectmen for additional review.
COMMUNICATIONS AND CORRESPONDENCE:
Annual Town Meeting Warrant – Draft #1:
Special Town Meeting Warrant – Draft #1:
The Board of Selectmen reviewed Draft #1 of the Annual and Special Town Meeting warrant of Monday, October 17, 2005 and took action on the following articles:
Assessors’ Salary-Elected Account - $3,600 (3) Yearly Stipends:
Motion made by Selectman Cahalane to remove the Assessors’ Salary-Elected Account article from the Annual Town Meeting warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Human Services Longevity Salary Account - $275 Longevity Payment for the Director of Human Services for FY06:
Motion made by Selectman Myers to remove the Human Services Longevity Salary Account article from the Annual Town Meeting warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was suggested the Human Service Director consult the Finance Committee with regards to a reserve fund transfer to support the longevity payment request.
DPW Request to Transfer $247,068 from Funds Borrowed at the 2004 ATM for the Improvement and/or Repair of Secondary Public Ways:
Motion made by Selectman Taylor to remove the above referenced DPW article from the Annual Town Meeting warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was agreed that exact funding would be borrowed for improvement and/or repair of other secondary (i.e. neighborhood subdivision) public ways.
To Amend Bylaws – Chapter 150-5 – Temporary Repairs on Private Ways:
This proposed change submitted by the Americans with Disabilities Act Committee would permit the Town to install approved street signs on private ways where the Selectmen determine such action to be a public necessity for providing essential public safety.
Fire Chief George Baker will be requested to discuss this article at the next scheduled Selectmen’s Meeting.
Three Land Purchase Articles Submitted by Planning Board:
Motion made by Selectman Cahalane to authorize the referenced (3) land purchase articles to come under the auspices of the Community Preservation Act Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Recommendation for Appointments – Community Preservation Act Committee:
In response to advertisement, the following individuals submitted a letter of interest to serve on the Community Preservation Act Committee. Four vacancies exist for At-Large membership to the (9) member committee.
Diane Rommelmeyer
Douglas Fribush
Mary Elaine Waygan
Edward Larkin
Augustus Frederick
Evelyn Buschenfeldt
The following representatives were designated by their respective committee for appointment:
Beverly Kane – Planning Board
Richard Halpern – Housing Authority
Ralph “Bud” Shaw – Conservation Commission
Paula Peters – Historical Commission
Wayne Taylor - Board of Selectman Designee-Park Commissioner
The Selectmen appointed the following individuals to the Community Preservation Act Committee for a one year term to expire June 30, 2006.
Motion made by Selectman Cahalane to appoint Beverly Kane to the Community Preservation Act Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to appoint Richard Halpern to the Community Preservation Act Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to appoint Ralph “Bud” Shaw to the Community Preservation Act Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to appoint Paula Peters to the Community Preservation Act Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to appoint Wayne Taylor to the Community Preservation Act Committee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
At-Large Membership:
Motion made by Selectman Cahalane to appoint Edward Larkin to the Community Preservation Act Committee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Motion made by Selectman Taylor to appoint Evelyn Buschenfeldt to the Community Preservation Act Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to appoint Diane Rommelmeyer to the Community Preservation Act Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to appoint Augustus Frederick to the Community Preservation Act Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – (cont’d) – Conversion of Private to Public Roads;
Lakewood Drive, Jones Road, Juniper Drive, Linden Road, Maple Street, Melissa Avenue:
The Board of Selectmen opened the Public Hearing to consider the adoption of the proposed Town road layouts as shown on the following plans: “Easement Taking and Layout Plan of Jones Road, Juniper Drive, Lakewood Drive, Linden Road, Maple Street, Melissa Avenue”; all plans prepared by Eagle Surveying, Inc., dated December 27, 2000.
The Hearing on August 1, 2005 was continued to this date to obtain additional information. The following information was provided: The petition does contain the signatures required to include the two areas of concern on Melissa Avenue (non-paved driveway and Marsters property extension). A site review was conducted. It was agreed for Melissa Avenue at the north end, the non-paved driveway would not be included in the road taking. At the south end, the road would end at the last hydrant.
It was also agreed the Hearing would be continued to allow the Selectmen to consult Town Counsel and to allow for additional engineering.
The Selectmen opened the Hearing to solicit comment.
Kim Dugan, 9 Jones Road related support to the road conversion as referenced.
Lawrence Silva, 46 Jones Road requested clarification regarding the north and south ends of Melissa Avenue.
Being no further comment, the Board motioned to continue the Hearing.
Motion made by Selectman Cahalane to continue the Public Hearing regarding the conversion of the above referenced private to public roads to Monday, September 12, 2005 at 6:40 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Blue Ribbon Committee:
Selectman Cook stepped down for discussion regarding the above referenced agenda topic.
In response to the Selectmen’s action to not support the current DCPC, the establishment of a Blue Ribbon Committee was recommended to build coalition and cooperation.
Nine individuals comprised on representatives from the Planning Board (2), Conservation Commission (1), Board of Health (1), Zoning Board of Appeals (1), Board of Selectmen (2) and Public At Large (2) were considered by the Selectmen for the make-up of the committee.
It was noted the Planning Board commented without objection to the formation of the committee and suggested membership include a representative from the Sewer Commission.
After discussion regarding the task of the committee, the Selectmen agreed the new committee would focus on coordination and outreach. It was also agreed the committee would be update the Town’s Local Comprehensive Plan that was approved in 1998. The new committee would work with existing committee’s to address specific issues and utilize their valuable resource.
Motion made by Selectman Taylor to form an implementation committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Myers to name the implementation committee, The Blue Ribbon Comprehensive Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Cahalane to designate the scope of the referenced committee to focus on implementation, coordination and outreach for the Town of Mashpee.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Taylor to nominate Selectman George Green to serve as a Selectmen representative to the Blue Ribbon Comprehensive Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Green abstained, Selectman Cook absent.
Motion made by Selectman Cahalane to nominate Selectman Don Myers to serve as a Selectmen representative and coordinator of the newly established Blue Ribbon Comprehensive Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Selectman Myers abstained, Selectman Cook absent.
The Town Manager was requested to submit letters to the applicable departments requesting nominations to the Blue Ribbon Comprehensive Committee and to post public notice for the (2) Public At Large positions. The first meeting will be held in early September.
APPOINTMENTS AND HEARINGS:
Public Hearing – Class II Used Car License – D’Ambrosio:
Chairman Green opened the Public Hearing on the application of Dr. Hugo P. D’Ambrosio to operate a Class II Used Car Dealer’s License at 68 Nicoletta’s Way, Units C and D, Mashpee.
The Hearing notice was read aloud in accordance with posting requirements. Dr. D’Ambrosio was in attendance to discuss the license application with the Board of Selectmen.
Correspondence was received from the Town Planner dated August 5, 2005 indicating a car dealership is not allowed by zoning at 68 Nicoletta’s Way. The property in question is zoned I-1 Industrial.
Richard Stevens, Inspector of Buildings referenced the matter in a memorandum dated August 8, 2005. Mr. Stevens indicated that building permits issues for all of the units at 68 Nicoletta’s Way were for storage. When asked if housing an antique car awaiting its sale on e-bay would be allowed, his opinion considered this to storage and not a car dealership so it would be permitted.
Mr. D’Ambrosio stated that only one antique car at a time, transported by an auto carrier, not driven is intended to be bought and sold on e-bay as is with no warranties implied or given.
Mr. D’Ambrosio was informed by the Board that he could not meet the Town’s requirements for the Class II license to sell vehicles since he would have to warranty the vehicles and show the ability to access or to have a repair shop at the business location. It was agreed per general law; the matter should go before the Registrar of Motor Vehicles to obtain a variance.
There was no action taken. It was agreed the application would be deferred at this time.
APPOINTMENTS AND HEARINGS:
Public Hearing – Liquor License Application/Entertainment License Application – Taylor Holdings, Inc.:
Selectman Taylor and Selectman Cook stepped down for the above referenced Hearing. It was agreed the entertainment portion of the license application would be reviewed separately to allow Selectman Cook to participate in the review and discussion of the application.
The Board of Selectmen opened the Public Hearing on the application of Taylor Holdings, Inc., Ellen M. Taylor, Manager, for a Common Victualler All Alcohol Restaurant License at property located at 13 Lake Avenue described as: Two floors housing three dining areas, restrooms, small bar, entrance area, kitchen, basement, full cellar with storage, and lounge; main floor 58’ x 32’; Lot 46 Lake Avenue.
Ellen and Scott Taylor were present to discuss the license application with their counsel, F. Ford O’Connor.
It was recommended the Selectmen approve the license contingent upon the Board of Health’s inspection of the required denitrification unit to be installed on the subject premise.
Discussion followed with regards to the intended hours of operation for the all alcohol restaurant license.
Mr. Taylor requested the Selectmen consider the service of liquor at the family style restaurant to 12:00 a.m. midnight in conjunction with food service.
Being no comment, the Selectmen closed the liquor license portion of the Taylor Holding, Inc. application.
Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Cook absent.
Motion made by Selectman Myers to accept and grant a Common Victualler All Alcohol Restaurant License contingent upon satisfactory evidence of approval from the Board of Health, the application of Taylor Holdings, Inc., d/b/a Taylor Family Restaurant 13 Lake Avenue, Mashpee to serve liquor until 12:00 a.m. midnight.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Taylor, Selectman Cook absent.
Selectman Cook in attendance for discussion of the entertainment license application of Taylor Holdings, Inc.
Taylor Family Restaurant submitted an application for an Entertainment License for recorded, juke box, live music, and three musicians. The application was described with no live music before 9:00 p.m. or after 12:00 a.m. midnight. There would be no more than three live musicians.
At this time, Mr. Taylor requested the Selectmen defer the entertainment portion of the license application to obtain necessary fire and building inspections. It was noted the previous establishment held an entertainment license.
Being no comment, the Board voted to continue the entertainment portion of the Hearing.
Motion made by Selectman Myers to continue the Entertainment License application of Taylor Holdings, Inc., d/b/a Taylor Family Restaurant to Monday, September 12, 2005 at 6:50 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Cook abstained, Selectman Taylor absent.
APPOINTMENTS AND HEARINGS:
Split Tax Rate Presentation – Director of Assessing:
John Duffy, Director of Assessing presented an overview of the split tax rate for informational purposes. The residential and commercial factors were taken under consideration. It was not necessary for the Selectmen to take action at this time.
User Fees for Senior Center – Council on Aging Director:
James Long, Director of Council on Aging discussed the new fee structure and related classification of groups using senior center facilities. New rates and fees would go into effect immediately. All revenue would accrue to the general fund. It was agreed that Category A would contain municipal departments, boards and committee at no charge.
Motion made by Selectman Taylor to approve and adopt the Senior Center User Fee Schedule as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Orchard Road Update, Approval and Execution of Agreement:
The Agreement between the Town and Talanian Realty Co. Inc. and the Town and Commonwealth of Massachusetts relative to the transportation improvement project located on Route 28 at Quinaquisset Avenue and Asher’s Path/Orchard Road was reviewed.
A public meeting is scheduled on September 19, 2005 at 7:00 p.m. at the Mashpee Town Hall to solicit comment and review contract plans.
Roadwork is expected to commence in October.
Motion made by Selectman Myers to approve and execute the Agreement between the Town of Mashpee and C. Talanian Realty Co., Inc. and Commonwealth of MA, for the Transportation Improvement Project at Quinaquisset Avenue and Asher’s Path/Orchard Road.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Bikeway/Sidewalk Discussion:
Gregory Taylor, Director of Public Works discussed the subject of bikeway/sidewalks using mitigation funds on deposit with the Cape Cod Commission.
Upon review, the Selectmen agreed upon projects that have met permit requirements and design completion. It was noted that a special Selectmen’s article on the warrant would allow for necessary easements.
Motion made by Selectman Cahalane to support special articles for possible sidewalk projects along Route 130 Extension from Heritage Park to Pickerel Cove Road; $250,000 and along Great Neck South Extension from Godfrey Road to the Children’s Museum, Phase II; $100,000 and apply to the Cape Cod Commission to request the release of funds for said projects.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
The Selectmen also considered a resident petition for bikeway/sidewalk on South Sandwich Road and requested the DPW Director to conduct a review of the project proposal and related cost analysis for possible placement on the May Town Meeting warrant.
Recommendation to Extend Contract – Cleaning Services – Naratoone Building Services:
The cleaning contract between the Town and Naratoone Building Services, Inc. of Boston expired on June 30, 2005. The Selectmen were requested to vote to accept Option Year 3 in the amount of $70,696. An increase of $2,060 exists in the contract from last fiscal year due to the addition of the new Senior Center.
Motion made by Selectman Cahalane to extend the contract between the Town and Naratoone Building Services, Inc., Option #3 in the amount of $70,696 for one year to expire; June 30, 2006.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Bid Acceptance – Affordable Housing – Habitat for Humanity:
One bid was received from Habitat for Humanity for an affordable housing project in Mashpee for two units; one located at 562 Cotuit Road and the other located at 59 Quashnet Road. The respective properties were voted upon and approved at Town Meeting.
Motion made by Selectman Taylor to accept the bid from Habitat for Humanity for the development of on single family affordable housing unit on each of the two referenced Town-owned parcels, a total of (2) housing units.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Sign Request – AFCEE:
Correspondence was received from the Air Force of Environmental Excellence (AFCEE) dated August 8, 2005 requesting permission to place road signs in public right-of-ways announcing an Ashumet Pont Nutrients Advisory Group Meeting on Thursday, August 25, 2005.
It was determined the Town Manager would be the appropriate authority to grant approval of the signs requested to be placed at the three locations on August 22, 2005.
There was no objection from the Selectmen to the sign proposal. Signs must follow Town guidelines for signage. The signs were requested to be removed promptly after the date of August 25, 2005.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:01 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing a personnel matter. 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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