AGENDA
BOARD OF SELECTMEN
MONDAY, SEPTEMBER 9, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
To honor our troops who have died in defending our country, and all those serving our country in the armed forces.
MINUTES
August 19, 2013 – Regular Session Meeting Minutes
APPOINTMENTS & HEARINGS
6:30 Public Comment
Windchime – Noise Complaint
6:40 Public Hearing: Dino’s Sports Bar – Change in Hours for Outside Operations
6:50 Craig Mayen-Treasurer/Collector–Authorization of Bond Anticipation Notes
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Mashpee Community Park Application – Mashpee Wampanoag Tribal Council
- Approval and Execution of October Town Meeting Warrant
NEW BUSINESS
- Position Vacancy Request – DPW/Heavy Equipment Operator
- Acceptance of Resignation – Zoning Board of Appeals
- Acceptance of Resignation – M C A T
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
- Proposed Contract – Town Manager
Board of Selectmen
Minutes
September 9, 2013
Present: Selectman Cahalane, Selectman Richardson,
Selectman O’Hara, Selectman Sherman
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Absent: Selectman Taylor
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, August 5, 2013 Regular & Executive Sessions:
Motion made by Selectman Richardson to approve the Regular and
Executive Session minutes of Monday, August 5, 2013 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, absent Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
Windchime Noise Complaint:
As a result of receiving a petition regarding a noise complaint, the Board motioned as follows;
Motion made by Selectman Sherman to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, absent Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
September 9, 2013
Public Comment:
Windchime Noise Complaint: (continued)
Representatives from the Windchime Condominium Association were in attendance to discuss the matter of a noise complaint related to The Lanes Bowl & Bistro, Greene Street, Mashpee with members of the Board of Selectmen.
Maria Wiser spoke on behalf of the Windchime Condominium Association Board of Trustees regarding a petition against the excess noise emanating from outdoor entertainment held at The Lanes located in the Mashpee Commons shopping complex situated in close proximity to the condominium development. The condominium association has been working with the Mashpee Police Department, and the Chief of Police was noted to be in support of the petition. Ms. Wiser is requesting The Lanes conform to the Town’s Noise Ordinance bylaw.
Ms. Wiser related concern with respect to the high noise level caused by the outside entertainment heard at the neighboring condominium complex even with closed windows. To allow for peace and quiet in the area neighborhood, Ms. Wiser suggested the entertainment be restricted to indoors only.
In support, Joyce Mason, the Town Manager recommended for the remainder of the year, the entertainment should be required to be held indoors. At the time of renewals in early December, the Board could adequately address this matter at their scheduled Public Hearing for license renewals. It was agreed the Windchime Association would be notified in advance of the hearing.
6:32 p.m. Selectman O’Hara present.
Selectman O’Hara stated that he also resides within the area of discussion, and indicated The Lanes is currently working on a solution. Possible time limits regarding outdoor entertainment were considered.
Upon further review, the Board of Selectmen agreed to accept the recommendation of the Town Manager. The Lanes Bowl & Bistro will be required at this time and for the remainder of the season to limit future entertainment to indoors only. All solutions will be reviewed to make the appropriate determination for the community, and the matter will be addressed at the Annual Liquor License Renewals Public Hearing at the end of the year.
Board of Selectmen
Minutes
September 9, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Dino’s Sports Bar – Change in Hours for Outside Operations:
The Board of Selectmen opened the Public Hearing on the application of Barnstable Pizza & Pasta Company, Inc., d/b/a Finally Dino’s, 401 Route 151, John’s Pond Center, Mashpee, MA, Constantinos Mitrokostas, Manager, to extend the hours for outside dining and live entertainment, for property located at 401 Route 151, John’s Pond Center, Mashpee, MA.
The Hearing notice was read aloud into the record in accordance with posting procedures. Constantinos Mitrokostas, Manager was in attendance with his counsel Attorney Kevin Kirrane to request the Selectmen approve the use of the outside patio/deck area from April 15th to October 15th with the use of this area for outside general service to 12:00 p.m. on Friday and Saturdays only with live entertainment to 10:00 p.m.
Currently, the outside patio/deck area is permitted for use from May 15th through October 15th, seven days per week. The outside patio/deck area is limited to 10:00 p.m. for general service and live entertainment to 8:00 p.m. Live entertainment is limited to small ensembles, one to three persons while patrons dine on the patio/deck area.
Attorney Kirrane presented the required Notice to Abutters to the Board to comply with the mandates of the Public Hearing. It was disclosed that (2) notices were mailed, and only (1) was received as the notices were sent to the same person.
Mr. Mitrokostas requested approval to hold a number of special functions which include charity/fundraising events after the date of October 15th.
In reviewing this matter, the Town Manager indicated the liquor license as granted remains in effect without change as long as the applicant adheres to the occupancy permit by limiting the inside seating in order to accommodate the outside seating. There was no opposition from the Board of Selectmen with regards to the extended hours on Fridays and Saturdays only to include live entertainment until 10:00 p.m. on Fridays and Saturdays.
It was agreed the Board of Selectmen would review the entertainment hours at the time of the license renewal.
Being no further comment, the Board motioned to close the Public Hearing.
Board of Selectmen
Minutes
September 9, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Dino’s Sports Bar – Change in Hours for Outside Operations:
(continued)
Motion made by Selectman Sherman to close the Public Hearing.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Motion made by Selectman Richardson to approve the request of Barnstable Pizza & Pasta Company, Inc., d/b/a Finally Dino’s, 401 Route 151, John’s Pond Center, Mashpee, Constantinos Mitrokostas, Manager to extend the hours for outside dining and live entertainment as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Craig Mayen – Treasurer/Tax Collector – Authorization of Bond Anticipation Notes:
Craig Mayen, Treasurer/Tax Collector was before the Board to review details relative to bids received from the sale of the Bond Anticipation Notes (BAN) due on September 16, 2013. Three bids were received in response to the BAN sale on August 28, 2013. Mr. Mayen indicated the Town received an excellent interest rate. The Standards & Poor’s rating for the Town of Mashpee is AA+.
The most favorable bid was received from TD Securities for the sale of the $5,193,660, 1.0% general obligation Bond Anticipation Note. The short-term note is payable January 31, 2014 to TD Securities at par and accrued interest plus a premium of $16,256.16.
Board of Selectmen
Minutes
September 9, 2013
APPOINTMENTS & HEARINGS:
Craig Mayen – Treasurer/Tax Collector – Authorization of Bond Anticipation Notes: (continued)
Motion made by Selectman O’Hara to award the sale of the $5,193,660 BAN’s to TD Securities as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
The endorsed motion is included in the Town Clerk’s official copy.
COMMUNICATIONS & CORRESPONDENCE:
Hero Triathlon:
Correspondence received from Bill Burnett, Streamline Events relative to the first annual Hero Triathlon was read aloud by the Town Manager into the record. Mr. Burnett in his memorandum indicated the triathlon event held on September 8th with the assistance of the Town of Mashpee was “first class”, and all the hard work and planning has paid off.
Mr. Burnett expressed congratulations the Town of Mashpee for their support, and indicated he would like to gain feedback on the event, and work towards planning for the race in 2014. The Board of Selectmen recognized the participants and all of the volunteers who assisted to make the event successful.
The email as dated September 9, 2013 is enclosed in the official Town Clerk’s copy of the minutes.
Cape Cod Commission Representatives – Future Agenda:
A brief discussion followed with respect to the Cape Cod Commission, its assessment and benefits. It was agreed that Mashpee’s representative to the CCC, and Assembly of Delegates would be invited to attend the next Selectmen’s Meeting to update the Board of Selectmen on this matter.
Board of Selectmen
Minutes
September 9, 2013
OLD BUSINESS:
Mashpee Community Park Application – Mashpee Wampanoag Tribal Council:
The Board of Selectmen was in receipt of a Special Events Application from the Mashpee Wampanoag Tribe dated August 23, 2013 requesting to use the Community Park on Saturday, October 12, 2013 from 9:00 a.m. to 7:00 p.m. for their Annual Youth Sobriety Pow Wow.
It was noted the Board previously granted approval of this application. However, due to inclement weather, the event was cancelled.
The annual function includes speakers on the topic of sobriety. Traditional dancing and singers will also encompass the youth event. Lunch and snacks will be provided to the participants.
The application has been signed off by applicable regulatory authorities. Correspondence was received from the DPW Director dated September 3rd advising the Mashpee Archives and the overlook/ramp will be under construction during this time. Access to this portion of the property will be restricted. Additional conditions regarding portable restroom facilities, and removal of trash were defined in the communication. A certified food manager, a requirement of the Board of Health will be on-site supervising the food preparation and handling.
Motion made by Selectman Richardson to support the application of the Mashpee Wampanoag Tribal Council for use of the Community Park on October 12, 2013 with the conditions as outlined.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
September 9, 2013
OLD BUSINESS:
Approval and Execution of October Town Meeting Warrant:
Having made no changes or corrections to the final warrant dated September 5, 2013, the Board motioned as follows;
Motion made by Selectman Richardson to move forward with the Town Meeting Warrant of Monday, October 21, 2013 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
It was noted that Selectman Taylor and Selectman Sherman are scheduled to read the warrant into the Audible Ledger on September 18th.
NEW BUSINESS:
Position Vacancy Request – DPW/Heavy Equipment Operator:
A Position Vacancy Request for Heavy Equipment Operator was presented to the Board for advertisement at Step 1 of the intended pay scale. The date of the vacancy is August 1, 2013 for the full-time Heavy Equipment Operator to the Department of Public Works. In the process, the position would first be advertised in-house as a possible promotional opportunity.
Motion made by Selectman Sherman to approve the Position Vacancy Request for DPW/Heavy Equipment Operator for advertisement.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
September 9, 2013
NEW BUSINESS:
Acceptance of Resignation – Zoning Board of Appeals:
Correspondence was received from Jack Dorsey dated August 29, 2013 resigning from his position as a Zoning Board of Appeals member.
Motion made by Selectman Richardson to accept the resignation of Jack Dorsey from the Zoning Board of Appeals sending a letter of regret.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Acceptance of Resignation – MCAT:
Peter Cohen remitted a letter of resignation via email dated September 3, 2013 from the Mashpee Cable & Advanced Technology (MCAT) Board effective immediately.
Motion made by Selectman Richardson to approve the resignation of Peter Cohen from the MCAT Board sending a letter of regret.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
It was noted the MCAT Board was consulted regarding membership to the Mashpee TV Board of Directors. The decision will be presented to the full Board of Selectmen at their next meeting for appointment.
Board of Selectmen
Minutes
September 9, 2013
LIAISION REPORTS:
Mashpee Cares: Mashpee is partnering with the Town of Falmouth as $50,000 in grant funding has been obtained from the Kelley Foundation to promote youth wellness and awareness of the dangers of drugs and alcohol. Included in the grant is a prescription pill education program.
The Chamber of Commerce is also assisting to promote the Gun Return Program.
Special Events: The Christmas Parade Committee will hold its next meeting on Tuesday, September 10th @ 10:30 a.m.
Schools: The Town and Schools are working together on the Memorandum of Understanding relative to the Use of Schools.
Waste Management: It was agreed the Board would continue to move forward to secure a firm for waste management services. Presently, two firms are under consideration, Covanta SEMASS, the current operator and ABC Disposal. This matter will appear as an agenda topic of the Board of Selectmen at their next meeting. The Town’s contract with SEMASS is due to expire on December 31, 2014.
EXECUTIVE SESSION: Proposed Contract – Town Manager:
It was agreed the above referenced agenda topic would be deferred to a full voting Board at the next Selectmen’s Meeting.
Adjournment:
Motion made by Selectman O’Hara to adjourn at 7:11 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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