AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 1, 2004
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the Following:
Monday, September 27, 2004 Regular and Executive Sessions
Thursday, October 14, 2004 Regular and Executive Sessions
Monday, October 18, 2004 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Planet Restaurant, Inc., d/b/a Giovanni’s
6:50 Willowbend Development Corporation – Simon’s Road
7:00 Assistant Town Planner – Pre-Disaster Hazard Mitigation Plan
7:10 Human Services Director – Barnstable County Health and Human Services Advisory Council
7:20 Library Board of Trustees – Request for Acceptance of Shed
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Southcape Village Update
NEW BUSINESS
1) Request to Expend Funds - Harbormaster
2) Certification of Appointment Process – Assistant Assessor
3) Certification of Appointment Process – Local Inspector
4) Certification of Appointment Process – Site Coordinator – Kids Klub
5) Certification of Appointment Process – Teacher Substitute Kids Klub
6) Request for Appointment - Constable
7) Recommendation for Appointment – Leisure Services Advisory Council
8) Request for Retirement – Assistant Town Manager
9) Acceptance of Resignation – Human Services Committee
10) Request to Waive Fees – Habitat for Humanity
11) Request for Approval of Changer Order #006 – Senior Center
12) Certification of Appointment – Patrol Officer
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 1, 2004
Present: Selectman Cahalane, Selectman Green,
Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager Jim Marr
Absent: Selectman Marsters, Selectman Myers
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, September 27, 2004 Regular and Executive Sessions:
Motion made by Selectman Taylor to approve the Regular and
Executive Session minutes of Monday, September 27, 2004 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Thursday, October 14, 2004 Regular and Executive Sessions:
Motion made by Selectman Taylor to approve the Regular and
Executive Session minutes of Thursday, October 14, 2004 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Monday, October 18, 2004 Regular and Executive Sessions:
Motion made by Selectman Taylor to approve the Regular and
Executive Session minutes of Monday, October 18, 2004 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
APPPOINTMENTS AND HEARINGS:
Public Comment:
South Cape Beach Advisory Committee (SCBAC) member Bill Martiros suggested the Town consider naming the ten-acre parcel when attained in recognition and fairness towards the eleven-member SCBAC committee who have worked diligently in the land acquisition process. The Selectmen recommended the SCBAC bring forth a recommendation for consideration.
COMMUNICATIONS AND CORRESPONDENCE:
Use of Mitigation Funds for Bikepath and Road Improvements:
The Town Manger is working with the Director of Public Works to prioritize areas to be improved through mitigation funds secured by the Cape Cod Commission. The Selectmen will receive a report and recommendation for proposed bikepaths and road improvements at the next scheduled meeting.
OLD BUSINESS:
Southcape Village Update:
The Selectmen reviewed a draft letter from Don Megathlin dated October 27, 2004 regarding the Southcape Village project as a result of the recent Cape Cod Commission meeting. The Board indicated that they were pleased with the report of the sub-committee.
NEW BUSINESS:
MCLP re: Wastewater Connection System:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Correspondence was received from Mashpee Commons Limited Partnership (MCLP) dated October 27, 2004 relative to the installation of a wastewater connection system that would tie in the Fire, Police and new Senior Center onto the MCLP wastewater treatment plant as an alternative to the Town constructing an on-site septic system.
In order to proceed, it is necessary for MCLP to enter into agreement with the Town and to obtain sewer extension permitting and approval with the Department of Environmental Protection (DEP). Currently, Ms. Mason and Town Counsel are working to advance the agreement and the DEP permits.
It was noted that the wastewater collection system would be installed prior to the improvement project located along Rte. 151, at the intersection of Jobs Fishing Road and Frank Hicks Drive.
Motion made by Selectman Green to approve the concept as presented by MCLP to tie the Senior Center onto the MCLP WWTP as an alternative to the Town constructing an on site septic system.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Planet Restaurant, Inc., d/b/a Giovanni’s:
Selectman Cahalane opened the Public Hearing to afford the opportunity to show cause why the All Alcohol Restaurant License of Planet Restaurant, Inc. d/b/a Giovanni’s should be modified, suspended, revoked or cancelled.
The Town of Mashpee has received notice that Giovanni’s has been closed for business. The licensee, Kim Manoli received advanced notification of the hearing. It is documented that she is presently residing in the State of Florida. There was no representation to discuss this matter with the Board of Selectmen.
A Mashpee resident commented in support of the closure. Being no further discussion, 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. 3-0.
Motion made by Selectman Taylor to revoke the All Alcohol Restaurant License of Planet Restaurant, Inc. d/b/a Giovanni’s.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Request to Expend Funds – Harbormaster:
Correspondence was received from Perry Ellis; Harbormaster dated October 28, 2004 requesting to expend funds voted at the May 2004 Town Meeting for buoys. Funds presently exist in the Waterways Improvement Account and have been approved to be expended by the Waterways Commission.
Motion made by Selectman Taylor to approve the request of the Harbormaster to expend funds, not to exceed $5,500 for navigational aids as described.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Certification of Appointment Process – Assistant Assessor:
The Town Manager recommended the Board vote to certify the appointment of Stephen McDermott as Assistant Assessor. It was noted that all procedures relative to posting requirements and background verification have been met.
Motion made by Selectman Green to certify the appointment of Stephen McDermott as Assistant Assessor at the Step 1 pay scale.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Certification of Appointment Process – Local Inspector:
For the Selectmen’s approval was the hiring certification for the final candidate of Local Inspector. All procedures have been met in accordance with the hiring requirements for the certification of Charles Maintanis, Jr. at the recommended pay scale of Step 3.
Motion made by Selectman Taylor to certify the appointment process of Charles Maintanis, Jr. as (Assistant Building) Local Inspector at the Step 3 pay scale.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Certification of Appointment Process – Site Coordinator Kids Klub:
Certification of Appointment Process – Teacher Substitute Kids Klub:
Selectman Taylor evoked the rule of necessity to act on the above referenced agenda topics for quorum purposes.
The hiring process for Site Coordinator and Teacher Substitute to the Kids Klub was presented to the Selectmen for certification of the appointment process.
Motion made by Selectman Taylor to certify the appointment of Jodi Carpentier as Site Coordinator to the Kids Klub and Sarabeth Gall as Teacher Substitute to the Kids Klub Program as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
APPOINTMENTS AND HEARINGS:
Willowbend Development Corporation – Simon’s Road:
Representatives from the Willowbend Development Corporation were present to request the Selectmen’s approval to relocate an approximate 600’ section of Simon’s Road located entirely within Willowbend’s property, up to 40’ to the west as depicted on the plan prepared by VHB.
Rights of the public in the existing layout of Simon’s Road will be maintained in the relocated layout. It was noted that Simon’s Road, is a public road and considered an ancient way which would require the Selectmen’s approval.
Motion made by Selectman Taylor to approve the request of Willowbend Development Corporation to relocate an approximate 600’ section of Simon’s Road as detailed on drawing C-1, a plan prepared by Vanasse Hangen Brustlin, Inc. (VHB) dated September 20, 2004 subject to the approval of the Planning Board.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Assistant Town Planner – Pre-Disaster Hazard Mitigation Plan:
Eric Smith, the Assistant Town Planner was present to discuss the draft Town of Mashpee Pre-Disaster Hazard Mitigation Plan with the Board of Selectmen It was noted that FEMA has given preliminary approval subject to the Selectmen’s adoption.
Mr. Smith gave a detailed presentation to the Board of the pre-disaster mitigation plan that is now required to be in place by November 1, 2004 under the Federal Disaster Mitigation Act of 2000.
It was noted that such a plan will allow the Town to qualify for future Federal post-disaster mitigation grant funding.
Motion made by Selectman Taylor to approve the final draft of the Pre-Disaster Hazard Mitigation Plan for the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
APPOINTMENTS AND HEARINGS:
Human Services Director – Barnstable County Health and Human Services Advisory Council:
Human Services Director Louise Patrick was present to discuss the role of the Barnstable County Health and Human Services Advisory Council in planning for county funding for health and human services.
The Selectmen were invited to attend a Community Forum to gather input from Mashpee residents on their priorities for county funding in the area of health and human services. Services include health care, homelessness, discrimination, wages and jobs, transportation, child care, domestic violence, substance abuse, HIV/AIDS prevention, children, youth and families, senior citizen and mental health issues.
The Community Forum is scheduled to be held on Monday, November 8, 2004 at 7:00 p.m. at Mashpee Town Hall.
Library Board of Trustees – Request for Acceptance of Shed:
David Burton, Library Trustee Chair was present to request the Selectmen approve a temporary shed for the storage of books that would be sold when the Library holds its book sale, their largest fundraiser. For the Selectmen’s review were the building permit application, site plans and illustrative photographs of the proposed shed.
Motion made by Selectman Taylor to approve the Library Shed as presented and waive all fees associated to the building permit application.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Request for Appointment – Constable:
Robert Graham II of Mashpee submitted an application for appointment as Constable. It was noted that there are eleven Constables presently listed the Town. In accordance with the Town’s population, a maximum of fifteen could be eligible to provide service in the Town of Mashpee.
Motion made by Selectman Taylor to appoint Robert Graham II as Constable in the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Leisure Services Advisory Council:
For quorum purposes, Selectman Taylor evoked the rule of necessity regarding the above referenced agenda topic.
Correspondence was received from Lorraine Murphy dated September 27, 2004 requesting consideration to the appointed to the Mashpee Leisure Services Committee. A follow up letter was received from Gus Frederick, Director of Leisure Services recommending appointment.
Motion made by Selectman Green to appoint Lorraine Murphy to the Leisure Service Advisory Council.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Request for Retirement – Assistant Town Manager:
James Marr, Assistant Town Manger submitted a request for retirement with an approximate effective date of December 31, 2004.
Motion made by Selectman Green to accept with regret, the retirement of James Marr as Assistant Town Manager as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Acceptance of Resignation – Human Services Committee:
Correspondence was received from Orin Evans dated October 8, 2004 resigning from the Human Service Committee as a Member-At-Large.
Motion made by Selectman Green to accept the resignation of Orin Evans from the Human Service Committee with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Request to Waive Fees – Habitat for Humanity:
A memorandum was received from the Habitat for Humanity of Cape Cod dated October 5, 2004 requesting that all application, permit and inspection fees related to the Habitat for Humanity house on Asher’s Path be waived by the Town of Mashpee.
Motion made by Selectman Taylor to waive all fees associated to the construction of the Habitat for Humanity house on Asher’s Path as requested.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Request for Approval of Change Order #006 – Senior Center:
Senior Center Change Order #006 in the amount of $888.00 was presented to the Selectmen for approval. The change order represents a cost to add (3) light fixtures, (1) 20 amp receptacle in the storage room and (1) dimmer.
Motion made by Selectman Taylor to approve Senior Center Change Order #006 in the amount of $888.00 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Appointment of Patrol Officer:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Joyce Mason, Town Manager recommended the Selectmen vote to appoint James W. Dorman as Patrol Officer to fill the present vacancy in the department. It was noted that all hiring practices have been met. Mr. Dorman is a Mashpee resident and would begin the position at Step 1 of the intended pay scale.
Motion made by Selectman Taylor to approve and certify the appointment of James W. Dorman as Patrol Officer at Step 1 as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Adjournment:
Due to lack of full quorum, the Selectmen agreed to only discuss the matter of the FDIC in Executive Session. Motion made by Selectman Taylor to adjourn at 7:33 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing the value of real property. The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Roll Call Vote: Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, absent
Selectman Myers, absent Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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