AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 4, 2013
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing– Application of Christine Wagner, d/b/a Artfully Yours, 6 Joy Street, Unit C2, for an Annual General On-Premises Wine & Malt License
COMMUNICATIONS & CORRESPONDENCE
- Town Manager FY14 Budget Recommendations
OLD BUSINESS
- Discussion Relative to US Fish & Wildlife Request
NEW BUSINESS
- Recommendation for Bid Acceptance & Contract Award – Santuit Pond Dam Rehabilitation Project
- Acceptance of Resignation – Sewer Commission
- Letters of Interest to Serve on Mashpee Town Charter Review Committee
- Request of Mashpee Wampanoag Rod & Gun Club, 215 S Sandwich Road, Mashpee Special Permit for February 23, 2013 and March 16, 2013
- Approval of One-Day Wine & Malt License – Woodruff’s Art Center
ADDITIONAL TOPICS
- Change of Date for Annual Town Election
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 4, 2013
Present: Selectman Richardson, Selectman Sherman, Selectman Taylor,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Richardson at 6:30 p.m.
Town Hall, Conference Room #1
APPOINTMENTS & HEARINGS:
Public Hearing:
Presentation to Eagle Scout Daniel Rooney Colomey – BSA Troop 36:
The Board of Selectmen publicly acknowledged Daniel Rooney Colomey, Boy Scouts of America, Troop 36, Mashpee for the distinguished honor of achieving The Eagle Scout Award. An official Citation commending the services Mr. Colomey provided to the vision and reading impaired residents of the Cape and Islands and a large section of Southeastern Massachusetts was acknowledged.
Communication from Robert Wooldridge, Chair of the Americans with Disability Act (ADA) Committee recognized Daniel Colomey for his work with the Audible Local Ledger, coordinating and managing the production of more than 20 hours of programming featuring, “Boys Life” magazine. Mr. Woolridge’s letter dated January 13, 2013 was read aloud into the record by the Board of Selectmen Chair Michael Richardson. It was noted the programs will be aired on Thursdays at 8:00 p.m. through the Audible Local Ledger broadcast network.
The Board of Selectmen applauded Daniel Colomey for his leadership. It was noted that very few individuals achieve The Eagle Scout Award.
Enclosure: Letter from Mr. Wooldridge dated 1/13/13 - Official Town Clerk’s copy
ADDITIONAL TOPICS:
Town Clerk – Change of Date for the Annual Town Election:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Deborah Dami, the Town Clerk was in attendance to request the Selectmen vote to change the Town of Mashpee Annual Town Election from Saturday, May 18, 2013 to Tuesday, April 30, 2013.
Mrs. Dami indicated that Special Legislation was passed this week to allow any city or town to combine the Town’s Annual Town Election with either of the two Special Elections scheduled respectively in April and June. Combing the two elections would save the Town of Mashpee approximately $1,500.
Correspondence from Michelle Tassinari, Director/Legal Counsel of the Elections Division has confirmed if a municipal election is scheduled within 30 days either before or after April 30th or June 25th, the Town may vote to change the date of that election to coincide with the special election.
An opinion was obtained from Town Counsel, Patrick Costello stating that if prior to the election, the Town Clerk were to schedule the administration of oaths of newly elected officers for a time certain after Town Meeting any perceived conflict would be eliminated.
The following Election Schedule was outlined by the Town Clerk for the Selectmen’s review;
Tuesday, April 30, 2013 Saturday, May 18, 2013
Nomination Papers Available Tuesday, February 5, 2013 Monday, February 4, 2013
Deadline to Submit Nom. Papers Monday, March 11, 2013 Friday, March 29, 2013
Last Date to Withdraw Wednesday, March 27, 2013 Tuesday, April 16, 2013
Last Day to Register to Vote Wednesday, April 10, 2013 Friday, April 26, 2013
(Both Town & State)
Swearing-In Ceremony Thursday, May 9, 2013 Monday, May 20, 2013
Motion made by Selectman Taylor to approve the Change of Date for the Annual Town Election from Saturday, May 18, 2013 to Tuesday, April 30, 2013 as outlined.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Application of Christine Wagner, d/b/a Artfully Yours, 6 Joy Street, Unit C2, for an Annual General On-Premises Wine & Malt License:
The Board of Selectmen opened the Public Hearing on the application of Christine W. Wagner, d/b/a Artfully Yours, for an Annual §12 General On-Premises Wine & Malt License. Property described as 1,214 square foot facility located on 6 Joy Street, Unit C2, Mashpee, two entrances/exists, art instructional studio.
In accordance with posting requirements, the Hearing notice was read aloud into the record. Christine Wagner, Manager/Owner was in attendance with her counsel Attorney Mark Gildea to discuss the license application with members of the Board of Selectmen. As per the license requirement, a copy of the Notice to Abutters was submitted. Ms. Wagner was requested to submit a copy of her birth certificate to complete the license application.
Ms. Wagner indicated she intends to operate the new business as a high quality instructional art studio. It is her intention to serve beer, wine and soda at the art studio for her patrons. The establishment would be open on a year round basis, having a 50 person seating capacity for adults and children. Ms. Wagner stated she is excited to bring a new venue to the Mashpee and the Southcape shopping area. Interested participants would learn to paint on a 16x20 canvas.
Ms. Wagner disclosed she has worked for New Seabury Resources serving as the Popponesset Inn Food & Beverage Manager for the past twenty years.
The Board opened the Hearing to solicit comment.
David Burton stated that he has no financial interest in the referenced venture. Mr. Burton indicated he has known Ms. Wagner for the past fifteen years and spoke favorably on her behalf having worked with her in the food service operation in the past.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Cahalane to approve the application of Christine M. Wagner, d/b/a Artfully Yours, for an Annual §12 General On-Premises Wine & Malt License at 6 Joy Street, Unit C2, Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Town Manager – FY14 Budget Recommendations:
Joyce Mason, the Town Manager presented her budget recommendations for fiscal year 2014 to the Board of Selectmen. Mrs. Mason indicated the overall budget is reflective of a 2.7% increase or $1,323,101 as follows;
General Government $413,453
School Department $473,235
Fixed Costs $436,413
The balanced budget includes the addition of several key positions which includes;
Police – Full-time Police Officer
Fire – Full-time Firefighter
Library – (2) Part-time Cataloguers
Library – (2) Part-time Circulation Assistants
Library – Increase hours for Reference Librarian
DPW – Increased hours for Facilities Maintenance Worker
The budget does not include funding for wage settlements.
Barnstable Street Crime Unit:
The Town of Barnstable Street Crime Unit has added a member of the Mashpee Police Department K-9 unit to its ranks. The plain-clothes policemen work to curb drug trafficking. The Town of Mashpee is taking a stance to become proactive in the regional approach against crime.
Farmer’s Market:
A brief discussion followed regarding an inquiry to hold a Farmer’s Market in the Town of Mashpee. It was agreed it is a popular venue, and would be suitable at the Community Park, a Community Preservation Act project proposed for re-development at the May 2013 Special Town Meeting.
NEW BUSINESS:
Recommendation for Bid Acceptance & Contract Award – Santuit Pond Dam Rehabilitation Project:
Sixteen bids were received in response to the RFI for the Santuit Pond Dam rehabilitation project. Weston and Sampson, the Town’s consulting engineer for the dam project has recommended a contract be awarded to the Lawrence Lynch Corp., the second low bidder. Catherine Laurent, Director of Public Works was in attendance to concur with Weston and Sampson’s opinion.
It was noted the low bidder did not have the qualifications and work experience for the project. The Lawrence Lynch Corporation has had a successful track record with the Town having completed storm water improvement, paving and other road construction projects successfully in Mashpee for the past ten years.
Motion made by Selectman Taylor to accept the recommendation and award the contract for the Santuit Pond Dam Rehabilitation project to Lawrence Lynch Corp. in the amount of $364,499.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
OLD BUSINESS:
Discussion Relative to U.S. Fish & Wildlife Request:
At the last meeting, the Board of Selectmen reviewed a request from the U.S. Fish & Wildlife Service to enter into a Fish and Wildlife Habitat Restoration Agreement to work on town-owned land; 147 Lovell’s Lane to conduct work associated to the preservation of the New England Cottontail habitat.
The Board had questions with respect to this regard, and obtained an opinion from Town Counsel on this matter. Of importance was whether or not the Board could enter into a ten year agreement without further action of town meeting. As per Town Counsel’s opinion, the agreement with the federal government does not involve a transfer of interest in town property nor does it require the retaining of contractor services to perform work at the expense of the town and therefore would not require town meeting action. If the town were to terminate the agreement, the maximum obligation to the town would
be $5,000.
Discussion followed with regards to the beneficial aspects of the project proposal.
Motion made by Selectman Taylor to approve the Agreement between the Town of Mashpee and the Partners for Fish & Wildlife for the Fish & Wildlife Restoration project on Town-owned land as referenced pending the Agreement would reference the $5,000 termination clause.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS
Acceptance of Resignation – Sewer Commission:
Correspondence was received from Oskar Klenert dated January 26, 2013 resigning from the Sewer Commission effective immediately.
Motion made by Selectman Taylor to accept the resignation of Oskar Klenert from the Sewer Commission with regret.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
It was agreed a letter of appreciation would be sent to Mr. Klenert for his dedicated service.
Letters of Interest to Serve on Mashpee Town Charter Review Committee:
Correspondence was received from the Town Manager dated January 31, 2013 relative to the following representatives to the Charter Review Committee;
Finance Committee (2 designees) Chuck Gasior, Theresa Cook
Planning Board (1 designee) Mary Waygan
School Committee (2 designees) Jose Franco, Scott McGee
Moderator (to appoint 2 persons)
Board of Selectmen (2 designees)
It was noted the Board of Selectmen has not appointed its representatives to date. Two letters of interest from Selectman Taylor and Selectman Richardson were attached to the Town Manager’s memorandum.Selectman O’Hara in concern indicated he did not receive a letter seeking participation and stated that he is also interested in serving on the Charter Review Committee. In discussing this matter, Selectman Cahalane indicated he has an interest in serving as well. Discussion followed regarding this matter in addition to communicating amongst Board Members. Under the mandates of the Charter, the respective boards and committees may appoint their members, but it is not a requirement. It was agreed that an effort would be made to open the line of communication between
Board Members, and if additional Selectmen members are interest in serving on the Charter Review Committee, they would submit their letters of intent.
NEW BUSINESS:
Request of Mashpee Wampanoag Rod & Gun Club, 215 S. Sandwich Road, Mashpee – Special Permit for February 23, 2013 and March 16, 2013:
Michael Hope, Secretary to the Rod & Gun Club was in attendance to request the Selectman approve the use of their liquor license on the dates of February 23, 2013 and March 16. 2013.
Motion made by Selectman Taylor to approve the request of the Mashpee Wampanoag Rod & Gun Club to use their Liquor License on Saturday,
February 23, 2013 and Saturday, March 16, 2013.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Approval of One-Day Wine & Malt License – Woodruff’s Art Center:
Motion made by Selectman Taylor to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Approval of One-Day Wine & Malt License – Woodruff’s Art Center: (continued)
Woodruff’s Art Center, 1 North Market Street, Mashpee submitted an application for Wine & Malt to the Board for (4) One-Day Workshop events on the following dates: February 7, 2013, February 28, 2013, March 7, 2013 and March 14, 2013. Food would be served at the art center where guest artists would perform.
Motion made by Selectman Taylor to approve the request of Woodruff’s Art Center 1 North Market Street, Mashpee for (4) One-Day Wine & Malt Licenses on February 7, 2013, February 28, 2013, March 7, 2013 and March 14, 2013.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISON REPORTS:
EDIC: On behalf of the EDIC, Selectman Sherman expressed appreciation to the Town Manager for extending the EDIC’s liability insurance.
Volunteerism Program: A member of the Finance Committee is expected to be interviewed for the upcoming article in the Mashpee Enterprise on volunteerism in the Town of Mashpee.
Gun Return Program: It was reported the Chief of Police is working on the Gun Return Program initiative.
Shellfish Constable – Shellfish Propagation/Estuary Restoration Project:
It was agreed Richard York, the Shellfish Constable would be invited to attend an upcoming Selectmen’s Meeting to review his shellfish propagation/estuary restoration project proposal. The topic of oyster bio-remediation to mitigate excess nitrogen load was briefly discussed. It was decided that Community Preservation Act funding should be considered to assist with this endeavor.
Adjournment:
Motion made by Selectman Sherman to adjourn at 7:15 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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