AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 9, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, June 18, 2012 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Application from Better Food LLC, d/b/a/ Siena, Steeple Street, Mashpee Commons, for Alteration of Premises – Request to Increase Outside Dining
6:50 Special Event Application - Community Park – Baptist Church Service
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Reappointments to the Shellfish Commission
- Board of Selectmen Liaison Assignments for 2012-2013
NEW BUSINESS
- Certification & Confirmation of Hiring Process – Patrol Officer
- Position Vacancy Request – Firefighter Paramedic/EMT (2)
- Recommendation for Bid Acceptance – Elevator Inspections & Service
– Fire Suppression Inspection Services
- Request to Fill Vacancy – Library Circulation Assistant
- Acceptance of Resignation – Special Events Committee
- Adoption of Updated Affirmative Action Policy (Appendix 3 – Equal Opportunity Policy)
- Cape Cod Commission – Seek Authority to Expend Mitigation Funds for Sewer Commission
- Massachusetts Water Pollution Abatement Trust – Replacement Loan
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
July 9, 2012
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
MINUTES:
Monday, June 18, 2012 Regular & Executive Session Minutes:
The minutes were amended on page 4 to correct a typo in the motion, and on page 6; the motion was made by: Selectman Taylor.
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, June 18, 2012 as amended.
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
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
Safe Prescription Return Program: It was noted thatequipment has been ordered for the safe prescription return program which will soon be available in the Town of Mashpee for unused or expired medication.
Community Picnic: The Board of Selectmen commended the DPW, Police and Fire Departments for their organized effort to ensure the success of the 11th annual Mashpee Community Picnic & Fireworks held on July 2nd.
Mashpee Fallen Hero’s Memorial: The Selectmen recently received an email from Julie Brady requesting the Board consider a Mashpee’ Fallen Hero’s Memorial at the Community Park to honor the Mashpee soldiers who died in the Afghanistan and Iraq wars. The Selectmen were receptive of this request and recommended the Mashpee Veteran’s Organization and Mashpee Community Park Committee be consulted with respect to this regard.
APPOINTMENTS & HEARINGS:
Special Event Application – Community Park – Baptist Church Service:
The Board of Selectmen was in receipt of an application from the Mashpee Baptist Church for use of the Community Park on Sunday, August 12, 2012 from 9:00 a.m. to 3:00 p.m. to conduct “A Church without Walls” event. It is estimated that 100 persons would attend the outdoor service for the Family Church Picnic.
Motion made by Selectman Cahalane to accept the application of the Mashpee Baptist Church for use of the Community Park as referenced on August 12, 2012 waiving the $150 permit fee for use of the park.
Motion seconded by Selectman O’Hara.
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:
Reappointments to the Shellfish Commission:
Correspondence was received from Kathleen Moore Administrative Assistant to the Board of Selectmen dated June 26, 2012 with respect to the annual reappointments to the Shellfish Commission.
Motion made by Selectman Taylor to appoint Perry Ellis and Peter Thomas as full voting members and John Guerriere and Albert Bridges as associate members to the Shellfish Commission.
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
Board of Selectmen Liaison Assignments for 2012-2013:
The Board of Selectmen reviewed the updated list of Selectmen Liaison Assignments for 2012 through 2013 and related Guidelines for Board of Selectmen Liaisons; Policy No. 031.
Motion made by Selectman Sherman to adopt the Official 2012-2013 Board of Selectmen Liaison Assignment List as presented.
Motion seconded by Selectman O’Hara.
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:
Certification & Confirmation of Hiring Process – Patrol Officer:
Rodney Collins, Chief of Police was in attendance to recommend the Board certify and confirm the appointment of Alexander Xiarhos of Yarmouth Port to the position of Police Officer under the Patrol Officers Unit.
It was disclosed the applicant has satisfied all requirements associated to the department’s hiring policy. Mr. Xiarhos has attended and graduated from the Police Academy. His proposed start date is July 17, 2012.
Motion made by Selectman Taylor to certify and confirm the appointment of Alexander Xiarhosas Police Officer at Step 1 of the intended pay scale.
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
APPOINTMENTS & HEARINGS:
Public Hearing – Application from Better Food LLC, d/b/a Siena, Steeple Street, Mashpee Commons, for Alteration of Premises – Request to Increase Outside Dining:
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the liquor license application of Better Food LLC, d/b/a Siena, 17 Steeple Street, Mashpee Commons to alter the premises as follows: Increase Outside Seating from 40 Seats to up to 96 Seasonal Seats.
The Hearing notice was read aloud in accordance with posting requirements. It was disclosed that additional correspondence was contained in the Selectmen’s informational packet from the Chief of Police dated June 27, 2012 in support of any modifications that Siena is seeking. The Building Commissioner/Zoning Officer Richard E. Morgan remitted communication dated July 9, 2012 relative to the site visits conducted during the period June 22, to July 9, 2012. For additional review, Mr. Morgan listed the Mashpee restaurants, and their indoor and outdoor seating capacities.
In his memorandum of July 9th, the Building Commission/Zoning Enforcement Officer has recommended to allow 53 outdoor seats based on the egress requirements of the Massachusetts State Building Code.
Additional correspondence was received from George Baker, Fire Chief dated July 3, 2012 recommending the Selectmen deny the request of Better Food LLC, d/b/a Siena to increase the patio seating from 40 to 96. Chief Baker in his memorandum indicated he is not opposed to increasing the outdoor seating to 54, restricting the seating from under the canopy and requiring a minimum of 36” wide aisle length throughout the seating area with an emergency outlet to the common area.
Graham Silliman, the licensee was in attendance to discuss this matter with the Board of Selectmen and interested public. John Renz representing Mashpee Commons LLC was also present for discussion purposes.
An in-depth discussion ensued with respect to the proposal to increase the seating capacity and building code, and its requirement to allot 15 square feet per person while adhering to the 153 square foot corridor for egress requirements.
It was disclosed the Building Commissioner conducted a site visit of Siena on June 22nd, and found a total of 79 seats outside. On June 22nd, the manager was advised to remove the additional seating beyond the 40, and apply to the Selectmen with a professional plan to depict the seating proposal. The Building Commissioner conducted an additional site visit on July 9th and found 74 outdoor seats at the subject establishment.
The discussion continued on the matter of non-compliance and the seating that would be allowed within the 15 square foot seating formula while maintaining the 153 square foot formula for egress.
Upon re-examination of the allowable code,it is the recommendation of the Building Commissioner to maintain a 44” wide aisle for the exit passageway, and allow 52 outdoor seats; the maximum allowed seating at the Siena location. If this is supported by the Board of Selectmen, the applicant is requested to furnish a revised seating plan to the Board of Selectmen.
The Selectmen opened the Hearing to solicit comment.
John Renz, Mashpee Commons LLC asked if the building were to be sprinkled in this area, would there be a difference in the seating capacity. The Fire Chief indicated there would be no difference in the seating capacity. Mr. Renz requested the Selectmen consider granting as much outdoor seating as possible for Siena, and in looking toward the future for other establishments that may be cited at this particular location.
The general manager of the Regal Cinemas stated that he is against the proposed seating arrangement in the matter of safety.
Being no further comment, the Board motioned as follows:
Motion made by Selectman O’Hara 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 Taylor to hold the outdoor seating at Siena to 40, and allow the applicant to bring forth a renovation change to apply for next year.
Motion seconded by Selectman Sherman.
VOTE: 1-4. The motion did not carry.
Roll Call:
Selectman Richardson, no Selectman Sherman, no
Selectman Taylor, yes Selectman Cahalane, no
Selectman O’Hara, no Opposed (4)
Motion made by Selectman Cahalane to Increase the Outside Seating of Siena from 40 Seats to a maximum of 52 Seasonal Seats; effective immediately to include a revised seating plan and gate to be approved by the Building and Fire Departments with the option, the applicant may return to request additional seating if it is legal and within applicable building codes.
Motion seconded by Selectman O’Hara.
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:
Position Vacancy Request – Firefighter Paramedic/EMT (2):
The Board of Selectmen were requested to approve the Position Vacancy Request for the employment of (2) Firefighter Paramedic/EMT’s; 42 hours per week. The positions were approved by a vote of the May 2012 Town Meeting.
Motion made by Selectman Taylor to approve, and move forward with the Position Vacancy Request for (2) Firefighter Paramedic/EMT’s.
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
Recommendation for Bid Acceptance – Elevator Inspections & Service;
Fire Suppression Inspection Services:
Catherine Laurent, Director of Public Works was in attendance to recommend the Board award the Elevator Inspection & Service bid to United Elevator Company and the Fire Suppression Sprinkler Inspection Service bid to Canco Fire Sprinkler Services, and the Fire Extinguisher Inspection bid to Ralph J. Perry Inc. These bids are the first year of a two-year bid. Correspondence contained in the Selectmen’s informational packet from the DPW Director dated July 2, 2012 outlined the annual bid costs for FY13.
Motion made by Selectman Taylor to approve the recommendation of the DPW Director and approve the bids for Elevator Inspections & Service and Fire Suppression Inspection Services (2) as referenced.
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
Request to Fill Vacancy – Library Circulation Assistant:
Kathleen Mahoney, Librarian presented a Position Vacancy Request to the Board of Selectmen for the position of Circulation Assistant; 19 hours per week.
Motion made by Selectman Taylor to approve the Position Vacancy Request for a Library Circulation Assistant, non-standard part-time as referenced.
Motion seconded by Selectman O’Hara.
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
Acceptance of Resignation – Special Events Committee:
The Board of Selectmen was in receipt of a resignation from Kate Watts dated June 19, 2012 from the Special Events Committee.
Motion made by Selectman Taylor to accept the resignation of Kate Watts from the Special Events Committee with regrets.
Motion seconded by Selectman O’Hara.
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
Adoption of Updated Affirmative Action Policy (Appendix 3 – Equal Opportunity Policy):
Correspondence was received from the Human Resources Director dated June 8, 2012 requesting the Selectmen adopt the amended Discriminatory Harassment Policy. It was noted the Policy has been amended as a result of recent changes in Massachusetts General Laws under 151B; Protected Categories.
Motion made by Selectman Taylor to adopt the Amended Affirmative Action Policy (Appendix 3 – Equal Opportunity Policy) as recommended.
Motion seconded by Selectman O’Hara.
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
Cape Cod Commission – Seek Authority to Expend Mitigation Funds for Sewer Commission):
The Board of Selectmen was requested to approve the Memorandum of Agreement between the Town and Cape Cod Commission for use of mitigation funds to be used for nitrogen reduction strategies in Mashpee. The mitigation funds not to exceed $8,615 are intended to be used for the Town’s SMAST work, water quality testing with UMass Dartmouth. The request for use of mitigation funds was submitted by the Mashpee Sewer Commission.
Motion made by Selectman Cahalane to approve and execute the Memorandum of Agreement between the Town of Mashpee and Cape Cod Commission for the use of mitigation funds as referenced.
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
Massachusetts Water Pollution Abatement Trust – Replacement Loan:
The above referenced agenda topic was deferred to the next Board Meeting.
LIAISON REPORTS:
EDIC: Selectman Sherman has been working with the Assistant Town Manager on a business package that is expected to be presented to the EDIC Board at their next meeting.
Affordable Housing: The Affordable Housing Committee is working diligently on properties suitable for affordable housing in the Town of Mashpee.
Mashpee Cares: It was reported the Rachel’s Challenge initiative is underway as initial funding (40%) has been paid for the program expected to commence in Mashpee in early October. Additional fundraising is anticipated to offset costs associated to the program. This matter will be brought to the Board of Selectmen for support.
Waterways Commission: The Waterways Commission is continuing their endeavors this summer season.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:26 p.m.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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