AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 7, 2015
6:30 p.m. – Convene Meeting in Open Session – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Approval of the following: Monday, November 16, 2015 Regular Session
APPOINTMENTS & HEARINGS
- 6:30 – Public Comment
- 6:35 – Acceptance of Secondary Salt Bid
- 6:40 – Public Hearing: Renewal of Annual Licenses, 2016 Alcohol and Entertainment
Package Store – All Alcohol
Andy’s Market
The Barn
Best Buy Beverage, Inc.
Liberty Liquors
South Cape Wine & Spirits
Package Store – Wine & Malt
Mashpee Mart
Commons Convenience
Restaurant – All Alcohol & Entertainment
Asia Palace TV & Recorded Music
Bleu Live and Recorded Music
Bobby Byrne’s Recorded Music
Café Trevi Recorded Music
Estia TV & Recorded Music
Finally Dino’s Live & Recorded Music & Dancing
Video Games, Billiard Tables
The Lanes Live & Recorded Music & Dancing
99 Restaurant TV & Recorded Music
New Seabury Country Club TV, Live & Recorded Music, & Dancing
El Colibri TV, Live & Recorded Music
Quashnet Valley Country Club Live & Recorded Music & Dancing
Siena Live & Recorded Music
Soprano’s TV, Live & Recorded Music, & Dancing
Wicked TV & Recorded Music
Restaurant – Wine & Malt
Bangkok Thai Cuisine No Entertainment
Burrito Bistro Mashpee No Entertainment
Zoe’s Recorded Music
Innholder – All Alcohol
Popponesset Inn TV, Live & Recorded Music, & Dancing
Zachary’s Pub Live & Recorded Music, Jukebox, Light Show, Video Games, Billiard Tables,
Dancing by Patrons, Theater
Commercial Club – All Alcohol
Willowbend Country Club Live & Recorded Music & Dancing
General on Premises – Wine & Malt
Artfully Yours No Entertainment
- 6:45 – Public Hearing: Request for Temporary Closure for Deep Cleaning and Staff Training, El Colibri Restaurant
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Review and approval of Tribal Memorandum of Understanding
NEW BUSINESS
- Approval of appointment to the Special Events Committee, Rodney Collins
- Approval of appointment to the Historic District Commission, Bradford Pittsley
- Approval of Special Events Application, Mashpee Holiday Parade on December 12, 2015
- Approval of Special Events Application, Hero Triathlon on June 19, 2016
- Discussion of available funds regarding inter-municipal agreement and shared responsibility for nutrient clean-up of Waquoit and Popponesset Bays
- Budget Review Schedule
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 7, 2015
Present: Selectman Cahalane, Selectman Sherman, Selectman Gottlieb,
Selectman O’Hara, Selectman Cotton
Town Manager Rodney C. Collins
Assistant Town Manager Thomas Mayo
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Mashpee Town Hall, Waquoit Meeting Room
MINUTES
Monday, November 16, 2015 Regular Session:
Motion made by Selectman Sherman to approve the minutes of Monday, November 16, 2015 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
APPOINTMENTS & HEARINGS
Public Comment:
Town Manager Collins congratulated the Mashpee Falcons for culminating the year and securing the MIAA Division 6 State Championship title. Last Saturday, the Mashpee Falcons celebrated their Super Bowl victory over St. Bernard’s by a score of 28-8. This is the second Super Bowl championship for Mashpee in the past five years, a job well done!
Board of Selectmen
Minutes
December 7, 2015
APPOINTMENTS & HEARINGS:
Acceptance of Secondary Salt Bid:
At the Board’s November 2nd meeting, the DPW Director recommended the Town solicit a second bid for the purchase of Road Salt. Last season, there were issues in obtaining adequate resources for salt. To alleviate this concern, it was suggested the Town secure their own salt bid.
Through the bid process for a second source of salt it was recommended the Board award a contract with Saltine Warrior, Inc. in the amount of $68.93 per ton. Previously, the Selectmen awarded a contract with Mid-American Salt, LLC at a cost of $71.95 for the purchase of road salt.
Motion made by Selectman Gottlieb to award a contract to Saltine Warrior, Inc. as a second source of road salt in the amount of $68.93 per ton.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Public Hearing: Renewal of Annual Licenses, 2016 Alcohol and Entertainment:
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the 2016 Annual Liquor License and 2016 Annual Entertainment License renewals in the Town of Mashpee.
The Hearing notice was read aloud by Selectman Sherman into the record in accordance with posting procedures. It was disclosed that all license holders are current regarding tax payments. The Chief of Police has indicated there are no violations to date. With respect to police responses, it was reported the offenses have been minor, and for the most part, the liquor license holders are adhering to their license requirements.
All liquor license holders have been inspected and have passed inspection by the Building, Health and Fire Department. It was noted that Artfully Yours had an issue regarding emergency lighting not functioning. This matter has been rectified.
All liquor license holders have submitted proof of workers’ compensation insurance as mandated by the State, as well as proof of liquor liability insurance as required.
Board of Selectmen
Minutes
December 7, 2015
APPOINTMENTS & HEARINGS:
Public Hearing: Renewal of Annual Licenses, 2016 Alcohol and Entertainment: (continued)
The Board of Selectmen opened the Hearing to solicit comment. Being none, the following action was taken;
Motion made by Selectman Sherman to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
The following Liquor & Entertainment Licensees were identified orally into the record;
Package Store – All Alcohol:
Andy’s Market
The Barn
Best Buy Beverage, Inc.
Liberty Liquors
South Cape Wine & Spirits
Motion made by Selectman Cotton to approve the above referenced 2016 Annual Liquor License for Package Store – All Alcohol.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
December 7, 2015
Public Hearing: Renewal of Annual Licenses, 2016 Alcohol and Entertainment: (continued)
Package Store – Wine & Malt:
Mashpee Mart
Commons Convenience
Motion made by Selectman Gottlieb to approve the above referenced 2016 Annual Liquor License for Package Store – Wine & Malt.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Restaurant – All Alcohol & Entertainment:
Asia Palace TV & Recorded Music
Bleu Live and Recorded Music
Bobby Byrne’s Recorded Music
Café Trevi Recorded Music
Estia TV & Recorded Music
Finally Dino’s Live & Recorded Music & Dancing
Video Games, Billiard Tables
The Lanes Live & Recorded Music & Dancing
99 Restaurant TV & Recorded Music
New Seabury Country Club TV, Live & Recorded Music, & Dancing
El Colibri TV, Live & Recorded Music
Quashnet Valley Country Club Live & Recorded Music & Dancing
Siena Live & Recorded Music
Soprano’s TV, Live & Recorded Music, & Dancing
Wicked TV & Recorded Music
Motion made by Selectman Gottlieb to approve the above referenced 2016 Annual Liquor License for Restaurant - All Alcohol & Entertainment as stipulated.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
December 7, 2015
Public Hearing: Renewal of Annual Licenses, 2016 Alcohol and Entertainment: (continued)
Restaurant – Wine & Malt:
Bangkok Thai Cuisine No Entertainment
Burrito Bistro Mashpee No Entertainment
Zoe’s Recorded Music
Motion made by Selectman Gottlieb to approve the above referenced 2016 Annual Liquor License for Restaurant – Wine & Malt & Entertainment as stipulated.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Innholder – All Alcohol:
Popponesset Inn TV, Live & Recorded Music, & Dancing
Zachary’s Pub Live & Recorded Music, Jukebox, Light Show, Video Games, Billiard Tables,
Dancing by Patrons, Theater
Motion made by Selectman O’Hara to approve the above referenced 2016 Annual Liquor License for Popponesset Inn; Innholder – All Alcohol & Entertainment as stipulated.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Motion made by Selectman O’Hara to approve the above referenced 2016 Annual Liquor License for Zachary’s Pub; Innholder – All Alcohol & Entertainment as stipulated.
Motion seconded by Selectman Cotton.
VOTE: 4-1. Motion carries.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, no Selectman O’Hara, yes
Selectman Cotton, yes Opposed, (1)
Board of Selectmen
Minutes
December 7, 2015
Public Hearing: Renewal of Annual Licenses, 2016 Alcohol and Entertainment: (continued)
Commercial Club – All Alcohol:
Willowbend Country Club Live & Recorded Music & Dancing
Motion made by Selectman O’Hara to approve the above referenced 2016 Annual Liquor License for Commercial Club – All Alcohol & Entertainment as stipulated.
Motion seconded by Selectman Gottlieb.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
General on Premises – Wine & Malt:
Artfully Yours No Entertainment
Motion made by Selectman O’Hara to approve the above referenced 2016 Annual Liquor License for General on Premises – Wine & Malt, no Entertainment as stipulated.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Public Hearing: Request for Temporary Closure for Deep Cleaning and Staff Training, El Colibri Restaurant:
The Board of Selectmen opened the Public Hearing on the request of Oak and Ember, Inc., d/b/a El Colibri, Dan Callinan, Manager, to close for deep cleaning of the premises and retraining of staff, effective immediately, and to re-open on March 1, 2016.
On behalf of the Board, Selectman Sherman read aloud the Hearing notice into the record. Dan Callinan, Manager of El Colibri was in attendance to discuss the closure request with the Board of Selectmen.
The Hearing was opened to solicit public comment. Being none, the Board took the following action;
Board of Selectmen
Minutes
December 7, 2015
Public Hearing: Request for Temporary Closure for Deep Cleaning and Staff Training, El Colibri Restaurant: (continued)
Motion made by Selectman O’Hara to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Motion made by Selectman O’Hara to approve the Temporary Closure request of El Colibri for deep cleaning as referenced.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
OLD BUSINESS
Review and approval of Tribal Memorandum of Understanding:
After several weeks of discussions and negotiations the Memorandum of Understanding (MOU) between the Town of Mashpee and Mashpee Wampanoag Tribe for the provision of Fire Protection, Emergency Medical Services and Law Enforcement Mutual Aid Assistance was recommended for preliminary approval. It was disclosed the MOU has not been vetted nor approved by the Tribal Council to date, and there may be revisions or amendments to the document. Representing counsels were noted to be in agreement with the terms and conditions of the Memorandum of Understanding.
Mark Forest, the Tribes legal counsel was in attendance to review the MOU document to be agreed upon by the respective parties. The Tribal Council is expected to review this matter at their meeting on Wednesday, and it was noted that possibly there may be additional amendments forthcoming. In discussion, Selectman Gottlieb indicated it is prudent for the Board of Selectmen to approve the MOU in the event there is an occurrence which may require assistance. If the MOU is not approved, it would be deferred to the next BOS meeting on December 21, 2015. Deferment would leave the town vulnerable if there is an incidence the Town cannot provide response to.
It was agreed the Town of Mashpee has worked cooperatively with the Tribe thus far. Approval of the document would not change the current provision for assistance unless the MOU takes effect.
Board of Selectmen
Minutes
December 7, 2015
OLD BUSINESS
Review and approval of Tribal Memorandum of Understanding: (continued)
Rodney Collins, Town Manager indicated the ongoing process is clear with the Tribal Council and extensively negotiated by the Washington attorneys. This is a document the Town Manager is comfortable placing before the Board of Selectmen for approval.
Motion made by Selectman O’Hara to approve and execute the Memorandum of Understanding (MOU) between the Town of Mashpee and Mashpee Wampanoag Tribe for the provision of Fire Protection, Emergency Medical Services and Law Enforcement Mutual Aid Assistance.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
NEW BUSINESS
Approval of appointment to the Special Events Committee, Rodney Collins:
Motion made by Selectman Sherman to appoint Rodney Collins or his designee to the Special Events Committee.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
December 7, 2015
NEW BUSINESS
Approval of appointment to the Historic District Commission, Bradford Pittsley:
Correspondence was received from Earl Mills dated November 23, 2015 recommending the appointment of Bradford Pittsley to the Historic District Commission. For additional review was a letter of interest from Mr. Pittsley dated September 22, 2015 expressing an interest to serve on the Historic District Commission.
Motion made by Selectman Gottlieb to appoint Bradford Pittsley to the Historic District Commission as recommended.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Approval of Special Events Application, Mashpee Holiday Parade on December 12, 2015:
A Special Events Application was before the Board from the Mashpee Chamber of Commerce requesting permission to hold the annual Mashpee Holiday Parade on Saturday, December 12, 2015 from 5:30 p.m. to 7:00 p.m. The parade route begins in Mashpee Commons near the Library and travels to Job’s Fishing Road, across Route 28 to the South Cape Village.
All regulatory officials have signed off on the Special Events Application.
Motion made by Selectman O’Hara to approve the Special Events Application of the Mashpee Chamber of Commerce for the annual Mashpee Holiday Parade on December 12, 2015.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
December 7, 2015
NEW BUSINESS
Approval of Special Events Application, Hero Triathlon on June 19, 2016:
The Board of Selectmen reviewed the Special Events Application for the 4th annual Hero Triathlon scheduled to be held on June 19, 2016 at John’s Pond. The swim, bike and run will include Olympic and Sprint distance courses including an aqua bike category for the Olympic race (swim/bike only).
The race venue will be held at the John’s Pond parking lot were food and other refreshments will be served during the event.
The Barnstable County Fairground will be used to park and shuttle athletes and spectators. All regulatory officials have signed off on the Special Events Application.
Motion made by Selectman Sherman to approve the 4th Annual Hero Triathlon on June 19, 2016 as presented.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Discussion of available funds regarding inter-municipal agreement and shared responsibility for nutrient clean-up of Waquoit and Popponesset Bays:
Correspondence was received from Eric Turkington; Chair of the Falmouth Water Quality Management Committee dated November 24, 2015 relative to the watershed of Waquoit Bay. As noted, an identified contributor to the degradation of the bay is the Quashnet/Moonakis River. Mashpee, in their Comprehensive Wastewater Management Plan (CWMP) cites this location is in need of more intensive study. This would include additional analysis on restrictions relative to flushing and tidal change as well as shoaling that can be remedied.
Selectman Gottlieb indicated the Town of Falmouth concurs with the recommendation of the Town of Mashpee as water quality is required to be achieved with the assistance of both towns.
The Town of Falmouth approached the Cape Cod Water Protection Collaborative to request funding for the SMAST study. The CCWPC agreed to contribute $20,000 towards the cost of the $42,000 study providing the Towns of Mashpee and Falmouth would each contribute ¼ toward the cost.
Board of Selectmen
Minutes
December 7, 2015
NEW BUSINESS
Discussion of available funds regarding inter-municipal agreement and shared responsibility for nutrient clean-up of Waquoit and Popponesset Bays: (continued)
Selectman Gottlieb explained that funding is available for this endeavor by a recent vote of the October Town Meeting. Additionally, a funding contribution has been secured from the Mashpee Environmental Coalition (MEC) in the amount of $500 for this purpose. It was noted the Falmouth Citizens for the Protection of Waquoit Bay have also contributed $2,500 for the study.
The Board of Selectmen was requested to enter into an inter-municipal agreement with Barnstable County and the Town of Falmouth for the purpose of funding the Quashnet/Moonakis River study.
To avoid the potential for an appearance of conflict, Selectman Gottlieb indicated he would abstain from voting on this matter as he is employed by the Cape Cod Water Protection Collaborative.
Motion made by Selectman O’Hara to enter into an Inter-Municipal Agreement with Barnstable County and the Town of Falmouth as referenced for the SMAST study of the Quashnet/Moonakis River.
Motion seconded by Selectman Cotton.
VOTE: 4-0-1.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, abstained Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
December 7, 2015
NEW BUSINESS
Budget Review Schedule:
December dates were identified by the Town Manager for preliminary review of FY17 municipal budget. Board of Selectmen members are welcome to attend. However, it was recommended that respective liaisons to each department attend the preliminary discussions. It was noted the Finance Committee liaisons and the Finance Director will also be in attendance. Meetings are scheduled to be held upstairs in Administrative Conference Room.
With regards to the general budget, Selectman Gottlieb in discussing this matter with the Town Manager recommended the Board review the potential to reserve assets to fund future capital infrastructure. Upcoming disbursements include a costly window project for the schools, the DPW facility addition, the approved road maintenance plan, and the sewer project, a $46 million investment in year four and five. With debt commitments due to expire, it was recommended the funding currently built into the debt structure be maintained and set aside the future. As debt obligations recede, it gives the appearance that monies are available. Selectman Gottlieb recommended the town maintain the same level of debt service, and not use the reserves to fund the operational budget. While keeping this in
mind, it was recommended the Town move forward with this endeavor while maintaining a reasonable tax rate.
It was noted the Capital Improvement Program (CIP) is expected to begin their review of capital improvement requests and estimated disbursements in January and February.
LIAISON REPORTS
School Committee – Several Mashpee high school students recently demonstrated their senior projects. The state-of-the-art presentation offered by the students was deemed impressive and of high regard. Additionally it was noted, the Mashpee School district has improved with respect to standardized test scoring. According to a recent release of PARCC scores, Mashpee 7th and8th graders have shown a dramatic improvement. Further testing results are soon to be released.
Waste Management Committee – The committee is awaiting figures from the Base with regards to studies. Additional information is anticipated to be provided to the Board at the next meeting.
Affordable Housing – Results from the 950 Falmouth Road feasibility study appear favorable. It is projected the site would sustain affordable housing, up to 63 housing units.
Community Preservation Committee – With regards to the proposed Housing Assistance Program proposed to be administered by the Mashpee Housing Authority, it was recommended the Board address any questions regarding the administration of the program in advance of the warrant.
Board of Selectmen
Minutes
December 7, 2015
LIAISON REPORTS
Mashpee Rotary – The Board of Selectmen expressed appreciation to the Mashpee POP’s Committee for presenting the Town of Mashpee with another beautiful rotary for the holidays.
Mashpee Holiday Parade - As a reminder, the annual Holiday parades is scheduled to be held on Saturday, December 12, 2015.
Waterways – The dredging associated to the Popponesset Bay inside channel is ongoing, and the County dredge is expected to return to Mashpee in February to continue dredging. The Waterways Commission is working on obtaining a comprehensive permit, a requirement of the Army Corps of Engineers to maintain the outside channel. It is hopeful the permitting will be obtained soon to reach the objective to dredge the outside channel before the onset of the next boating season.
Mashpee Community Park - Over 200 people attended the first holiday tree lighting held at the Mashpee Community Park.
Adjournment:
Motion made by Selectman Sherman to adjourn at 7:10 p.m.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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