AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 16, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Approval of the following:
Monday, December 2, 2013 – Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing for 2014 Tax Rate Classification
6:50 Public Hearing – Review of Outside Entertainment License for The Lanes
7:00 Public Hearing: Request of New Seabury Country Club to Temporarily Close for Annual Repairs/Maintenance
7:05 Public Hearing: Request of Popponesset Inn to Temporarily Close for Annual Repairs/Maintenance
7:10 Public Hearing – 2014 Annual Entertainment Renewals
COMMUNICATIONS & CORRESPONDENCE
- Request for Letter of Support – Massachusetts Coastal Coalition
- Adoption of Street Naming and Street Numbering Policies
OLD BUSINESS
- Board of Selectmen Workshop Discussion
NEW BUSINESS
- Chief Rodney Collins - Handicap Placards
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Discussion – Chief of Police
Board of Selectmen
Minutes
December 16, 2013
Present: Selectman Cahalane, Selectman Richardson, Selectman O’Hara,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Waquoit Meeting Room
MINUTES:
Monday, December 2, 2013 – Regular Session:
Motion made by Selectman Sherman to approve the Regular Session
minutes of Monday, December 2, 2013 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
Board of Selectmen
Minutes
December 16, 2013
COMMUNICATIONS & CORRESPONDENCE:
Request for Letter of Support – Massachusetts Coastal Coalition:
The Board of Selectmen reviewed communication from Joe Rossi of the Massachusetts Coastal Coalition dated December 4, 2013 requesting a letter in support of H.R. 3370 to pause Biggert-Water flood insurance (BW-12).
As of October 1, 2013, the increases from BW-12 have caused some homeowners to abandon their homes because they cannot afford the premiums added to their mortgage payment. Favorable support of H.R. 3370 will bring back affordability to residents and businesses now devastated with the mandates of BW-12.
Motion made by selectman O’Hara to send a letter to Washington in support of H.R. 3370 to pause Biggert-Water flood insurance rates.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
December 16, 2013
COMMUNICATIONS & CORRESPONDENCE:
Adoption of Street Naming and Street Numbering Policies:
It was agreed that all street names proposed in the Town of Mashpee or considered a safety hazard by the Mashpee Police Chief of Mashpee Fire Chief after May 12, 2012 would be subject to the proposed Street Naming Policy.
It was also determined that all addressing proposed in the Town of Mashpee or considered a safety hazard by the Mashpee Police Chief or Mashpee Fire Chief after August 1, 2012 would be subject to the proposed Street Numbering Policy.
Additional comments were received from Selectman Richardson dated November 22, 2013 with respect to this regard. It was noted the GIS Coordinator is in agreement that all matters associated to the street naming and street numbering policies have been addressed.
Motion made by Selectman Taylor to adopt the Street Naming and Street Numbering Policies as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
OLD BUSINESS:
Board of Selectmen Workshop Discussion:
At their last meeting, the Board of Selectmen decided to move forward with a workshop session to review goals and objectives to be achieved for the upcoming year. It was agreed the visioning session conducted last year would be examined for its content and format. It is the intention of the Board to remain on task to define and target specific purposes to accomplish within designated timelines.
Board of Selectmen
Minutes
December 16, 2013
NEW BUSINESS:
Chief Rodney Collins – Handicap Placards:
An ad hoc committee comprised of Selectman Sherman, Selectman Taylor, Rodney Collins Chief of Police and Robert Woolridge ADA Chairman convened to review matters associated to the misuse of handicap parking spaces and the display of disability placards for handicap parking in the Town of Mashpee.
This initiative to curb this type of abuse has been identified by the Registry of Motor Vehicles and the Attorney General’s Office as widespread abuse of the State’s handicap parking program.
Under MGL, the first offense for the fraudulent use of a disability placard is $500. A $1,000 fine is issued for a subsequent offense. Mashpee bylaws have also established a fine of $200 for handicap parking violations. The wrongful use of a handicap placard may result in suspension of the right to operate for thirty days for a first offense, and 90 days for a second offense.
Chief Collins was in attendance to review this matter with the Board of Selectmen. Robert Woolridge was also present for discussion purposes.
With the establishment of a master list of all parking spaces, designated handicap parking spaces shall be regularly checked by the police department. The Mashpee ADA Committee and Mashpee Police Department strongly advocate this initiative. To enhance public awareness it was recommended this matter be duly publicized. The Board of Selectmen was requested to endorse pro-active enforcement of such violations.
Motion made by Selectman Richardson to vote in support of the Project Placard concept as identified.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing for 2014 Tax Rate Classification:
The Board of Selectmen opened the Public Hearing continued from December 2, 2013 on whether the Town of Mashpee should implement the Classification Act. At the Hearing, the fiscal year 2014 residential factor, which will determine the share of taxes each classification of property will pay, what will be the open space factor and whether there will be a residential exemption and/or a small business exemption would be heard.
The Hearing is held after the Assessors have determined final values and classified all properties, and reported this information to the Department of Revenue. After reviewing the data, the Board of Assessors recommends that a single tax rate be adopted with no residential exemption and no small business exemption.
The decision was based on the consideration the commercial classes of properties to be too small to absorb the burden of a tax rate shift or small commercial exemption and it would have a negative impact on growth. A residential exemption would unfairly shift the tax burden to homeowners who use the least amount of services and would also adversely affect the housing market.
Jason Streebel, Director of Assessing was in attendance to discuss the classification of all real property with members of the Board of Selectmen.
Mr. Streebel indicated the FY14 single tax rate is $9.20 per $1,000 valuation. This represents an approximate $24 increase per median home. In fiscal year 2013, the single tax rate was $9.09 per $1,000 valuation.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing for 2014 Tax Rate Classification: (continued)
Motion made by Selectman Taylor to adopt a tax rate Faction of “1” for all classes of property with no discount for Open Space, no Residential Exemption and no Small Commercial Exemption.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
LIAISON REPORTS:
Special Events: The Board of Selectmen expressed appreciation to those who participated in the annual Christmas parade. The enthusiasm of community spirit was spectacular. Over forty town employees participated in the annual town float of which, the Town of Mashpee achieved first prize for “Holiday Spirit”. The Board publicly thanked the DPW Director and her staff, the town employees, and to those who were involved in the parade this season.
Schools:
Senior Class Project: Two high school seniors are participating with a keen interest in town government projects which include recycling initiatives and the development of the community calendar.
School Superintendent: Brian Hyde has been exhibiting his school spirit shown recently by participating in recent Mashpee TV programming.
Town Budgets: The budget process is moving forward with Town Departments.
Community Involvement: Selectman Sherman and Selectman Richardson are involved in the annual Credit for Life program at the Mashpee High School partnering with the Cape Cod Five bank.
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Review of Outside Entertainment License for The Lanes:
The Board of Selectmen, acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing to review the outside entertainment license of Skittles, Inc., d/b/a The Lanes, Jeffrey Moore, Manager, locate at 9 Greene Street, Mashpee Commons, Mashpee, MA.
The Hearing notice was read aloud into the record in accordance with posting requirements. Jeffrey Moore, Manager of The Lanes was in attendance to discuss the entertainment license with the Board of Selectmen. Several residents of the Windchime Condominium community were also present for discussion purposes.
The Hearing to re-evaluate this matter was prompted after receiving a noise complaint and a petition from the Windchime homeowners regarding disturbing noise emanating from outdoor bands last summer.
Jeffrey Moore, owner and manager of The Lanes indicated that after receiving notice of the Windchime complaint, the newly opened establishment has been working as a good neighbor to alleviate this concern. At the direction of the Board of Selectmen, the outdoor entertainment was moved inside.
Mr. Moore apologized to the neighbors and indicated that when the outdoor area was designed it was not realized the sound would travel as far to create such a disturbance. In the spirit of cooperation Mr. Moore stated that a wall and a canopy over the outside bar area will be installed in an effort to deflect the sound. Mr. Moore also indicated the The Lanes establishment would be amenable to change the style of the outdoor music and limit the type of entertainment.
Joseph Mooney was before the Board representing the Windchime Condominium Association. Mr. Mooney indicated that in response to the loud and disturbing outdoor noise, a petition opposed to any outdoor entertainment was signed by over forty residents. The music was noted to be played until 1:00 a.m. up to three nights per week.
Joe Mullin a resident of Windchime stated that he obtained a computer generated map of the location. The Windchime Condominium complex is located approximately 600 yards in a straight direction from The Lanes. In his opinion, there is nothing that can be done to correct the problem.
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Review of Outside Entertainment License for The Lanes:
(continued)
Lorraine Brown, a resident of Windchime indicated that with closed windows, the music can be heard. Ms. Brown stated that it sounds like there is a party going on in Mashpee Commons.
To compromise, Mr. Moore stated he would be amiable to no amplified music or bands. This would allow The Lanes to have some form of nightly entertainment outdoors. It was explained the brick wall would separate the patio from the parking lot. Sound will travel until it hits something, and hopefully the wall will help to alleviate this concern. The Lanes is currently reviewing the inside of the building with professional sound engineers. There are no plans for the outdoors thus far, as this matter is under determination by the Board of Selectmen.
Windchime resident Jim McCann stated that he has no problem with the music, but he has concern regarding the length of time the music is played. If the music stops at a reasonable hour, he has no issue with The Lanes.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
In an effort to reach a compromise, the Board of Selectmen re-discussed this matter amongst the representing groups.
The Windchime Condominium Association indicated they feel strongly the outside noise is upsetting for the majority of 156 residents citing impacts to health.
Mr. Moore indicated that all bands that played last summer were full bands. He suggested the Board consider a trial period with non-amplified music or having a single acoustical guitar no later than 10:00 p.m.
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Review of Outside Entertainment License for The Lanes:
(continued)
In concern the Board of Selectmen indicated the wall and canopy an undertaking to be constructed, is a reasonable attempt by The Lanes to reach a compromise, and having non-amplified and acoustical music until 10:00 p.m. is a rational approach as business sales would be limited. In cooperation, the Board of Selectmen stated that if the matter remains an issue, the residents of Windchime are encouraged to return to re-evaluate this matter with the Board of Selectmen.
Motion made by Selectman Richardson to grant the Outside Entertainment License to The Lanes, non-amplified and acoustical music until 10:00 p.m. and further to encourage the Windchime Condominium Association to meet with the Selectmen at a later date to re-evaluate this matter with the Board of Selectmen.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Public Hearing – Request of New Seabury Country Club to Temporarily Close for Annual Repairs/Maintenance:
The Board of Selectmen opened the Public Hearing continued from December 2, 2013 on the request of New Seabury Country Club to temporarily close for annual repairs and maintenance from January 2, 2014 to March 28, 2014. The Hearing notice was read aloud into the record.
Stephen Brennan, General Manager was in attendance to discuss the closure request with the Board of Selectmen. Mr. Brennan indicated that additionally, the snack bar located on the lower level of the clubhouse will be closing January 5, 2014 through April 4, 2014. During the closure, a few scheduled meetings and events are scheduled on the dates of; January 7, January 21, January 25 and January 30, February 4, February 8, February 18, March 4 and March 18, 2014. It is anticipated the kitchen would be completely renovated prior to January 7, 2014. During the gaps of the specified events, the renovation would continue.
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Request of New Seabury Country Club to Temporarily Close for Annual Repairs/Maintenance: (continued)
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Taylor to approve the request of New Seabury Country Club to Temporarily Close as referenced for annual repairs and maintenance.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Public Hearing – Request of Popponesset Inn to Temporarily Close for Annual Repairs/Maintenance:
The Board of Selectmen opened the Public Hearing continued from December 2, 2013 on the request of the Popponesset Inn to temporarily close from January 1, 2014 through March 31, 2014 for annual repairs and maintenance. The Hearing notice was read aloud for informational purposes.
Stephen Brennen, General Manager was present to discuss the closure request with members of the Board of Selectmen.
Beginning on April 1, 2014 the restaurant will be open for function business and in May, a la carte business will resume. As the new season approaches the hours of operation would expand.
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Request of Popponesset Inn to Temporarily Close for Annual Repairs/Maintenance: (continued)
Being no comment, the Board of Selectmen motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Taylor to approve the request of the Popponesset Inn to close the restaurant from January 1, 2014 through March 31, 2014 for annual repairs and maintenance.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
December 16, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – 2014 Annual Entertainment Renewals:
Acting as the Licensing Authority for the Town of Mashpee, the Board of Selectmen opened the Public Hearing to review the 2014 Annual Entertainment License Renewals. The Hearing notice was read into the record.
The Selectmen reviewed the list of Annual Entertainment License renewals as provided by the Selectmen’s Administrative Secretary in a memorandum dated December 11, 2013.
Licenses for establishments having outstanding violations will be held for re-inspection in the spring of 2014.
It was disclosed that in accordance with the Town’s bylaw, all outside entertainment shall cease at 10:00 p.m. This includes the Lohr at the Popponesset Inn.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Taylor to approve the 2014 Annual Entertainment Licenses as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
VOTE: Unanimous. 4-0-1. *Bleu and Oak & Ember only.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes – abstained; Bleu and Oak & Ember only Selectman Taylor, yes Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
December 16, 2013
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:20 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. Following discussion, the Board may return in Open Session.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
IN THE MATTER OF EXECUTIVE SESSION
DATE: 12/16/13
It is MOVED by: Selectman Taylor
That this governmental body hold an Executive Session.
A Roll was Called (see attached Roll Call).
The Clerk of this Executive Session was designated as:
Selectman O’Hara
A quorum being present and a Majority having voted to go into Executive Session, the Chair states that:
1. This meeting Convened in Open Session and
A. Notice and Posting of the Meeting was Given. OR (X)
B. The Meeting is an Emergency Meeting. ( )
2. After the Executive Session, the Meeting
A. Will Reconvene. (X) B. Will Not Reconvene.
( )
3. The Purpose or Purposes of this Executive Session are:
A. To deliberate upon matters involving Individuals where the Individuals involved have been notified in writing of the meeting and have not requested an open meeting, and regarding:
1. The Reputation and Character of the Individual. ( )
2. The Physical Condition and Mental Health of the Individual. ( )
3. The Discipline or Dismissal of a Public Officer,
Employee, Staff Member or Individual. ( )
4. A Complaint or Charge brought Against a Public
Officer, Employee, Staff Member or individual. ( )
B. To Deliberate upon Matters which, if done in Open Meeting, could Detrimentally Affect the Position of the City, and regarding:
1. Collective Bargaining. (X)
2. Strategy with respect to Collective Bargaining. ( )
3. Strategy with respect to Litigation ( )
4. The Purchase, Exchange, Lease or Value of Real
Property. ( )
C. To Deliberate Matters regarding:
1. The Deployment of Security Personnel Devices ( )
2. Allegations of Criminal Misconduct ( )
D. To Comply with the Provisions of a General Law or Special Law or
Federal Grant in Aid Requirement, the Specific Law being:
( )
4. All of the foregoing is hereby made part of the official Minutes of this Body. (X)
Board of Selectmen
Minutes-Executive Session
December 16, 2013
Present: Selectman Cahalane, Selectman Richardson, Selectman O’Hara,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Attendees: Chief of Police Rodney Collins
Meeting Called to Order by Chairman Cahalane at 7:22 p.m.
Town Hall, Waquoit Meeting Room
Discussion relative to contract negotiations:
Contract Discussion – Chief of Police:
The Board of Selectmen met with Rodney Collins, Chief of Police for the purpose of reviewing his contract with the Town of Mashpee. A brief discussion followed. It was noted that all terms and conditions remain the same for the three-year contract.
Motion made by Selectman Taylor to approve the three-year Agreement with Rodney Collins, Chief of Police as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes-Executive Session
December 16, 2013
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:33 p.m.
The Board will enter into Open Session at this time.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Board of Selectmen
Minutes-Executive Session
December 16, 2013
Meeting Resumed: 7:34 p.m.
Contract Discussion – Chief of Police:
After reviewing the above referenced matter in Executive Session, the Board motioned as follows;
Motion made by Selectman Taylor to approve and ratify the three-year Agreement between the Town of Mashpee and Rodney Collins, Chief of Police.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Adjournment:
Motion made by Selectman Sherman to adjourn at 7:35 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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