AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 17, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Approval of the following:
Monday, December 3, 2012 Regular Session & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Application by Denise Leigh – Taxi License
6:50 Public Hearing – Application by Jack G. Carter, Jr., d/b/a 1056 Enterprises, Inc., - Class II Used Car Dealer’s License
OLD BUSINESS
NEW BUSINESS
- MMA Request to Delay Marijuana Dispensaries
- Request to Fill Vacancy – Patrol Officer
- Acceptance of Resignation – Design Review Committee
- Acceptance of Resignation – Waterways Commission
- Recommendation for Approval – Installation of One New Utility Pole on Old Barnstable Road (Pole #309/32)- New Service
COMMUNICATIONS & CORRESPONDENCE
ADDITIONAL TOPICS
- Appointment to Waterways Commission
- Approve Position Vacancy Request – ZBA Administrative Secretary
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 17, 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, December 3, 2012 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, December 3, 2012 as presented.
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 Comment: None at this time.
NEW BUSINESS:
MMA Request to Delay Marijuana Dispensaries:
Rodney Collins, Chief of Police was in attendance to discuss the matter of the medical marijuana law passed by the voters in November with members of the Board of Selectmen. Chief Collins indicated the Massachusetts Municipal Association (MMA) is advocating for the start date of the new law to be postponed to allow the Department of Public Health (DPH) and municipality’s sufficient time to implement and address the various law mandates and also to adopt local standards and bylaws.
Enclosed in the Selectmen’s informational packet was a copy of a letter from the Town of Sandwich encouraging the leadership on Beacon Hill to postpone the start date by six months. The law is slated to take effect on January 1st with no regulatory framework in place. There is also concern as citizens need adequate time to fully understand and become informed of the new law.
Chief Collins indicated that it is wise to move cautiously and advocate for the delay in the implementation of the new marijuana law.
Motion made by Selectman Cahalane to accept the recommendation of the Chief of Police to send communication to the MMA advocating for the postponement of the new medicinal marijuana law.
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
Chief Collins indicated he would also sign the letter and forward his comments regarding this concern.
NEW BUSINESS:
Request to Fill Vacancy – Patrol Officer:
In accordance with the Hiring Policy of the Board of Selectmen, Chief Collins recommended the Position Vacancy Request for the position of Police Officer to the Police Department be filled from the existing eligibility list. The date of the vacancy in the department is March 9, 2012.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for Police Officer 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
COMMUNICATION & CORRESPONDENCE:
Public Forum:
It was announced that a public forum is scheduled to be held on Wednesday, December 19, 2012 at 6:00 p.m. at the Mashpee High School to discuss safety and security in the Mashpee School District.
APPOINTMENTS & HEARINGS:
Public Hearing – Application by Denise Leigh – Taxi License:
The Board of Selectmen opened the Public Hearing on the application of Denise Ann Leigh, d/b/a Mashpee Taxi, 30 Flying Cloud Circle, Mashpee for the operation of (1) vehicle for taxi service.
The Hearing notice was read aloud into the record. Denise Leigh was in attendance to discuss the license application with the Board of Selectmen. It was noted the application was before the Design Review Committee. It was advised that Ms. Leigh meet with the Homeowners Association for approval. In response, the applicant indicated that neighborhood outreach was conducted. A letter of approval was submitted to the Office of the Town Manager and is included with the license application.
Ms. Leigh indicated that currently she plans on having an in-town taxi, (1) vehicle which would provide airport service. The vehicle is intended to be parked at the residential location.
The Board of Selectmen indicated they are pleased to have taxi service return to the Town of Mashpee. It was noted that necessary approvals are pending from the Police Department and Sealer of Weights and Measures. With the required inspections, the Mashpee Taxi service would be in operation by the end of this week.
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 issue a Taxi License to Denise Ann Leigh, d/b/a Mashpee Taxi, 30 Flying Cloud Circle, Mashpee for the operation of (1) vehicle for taxi service after filling necessary obligations.
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
NEW BUSINESS:
Acceptance of Resignation – Design Review Committee:
Correspondence was received from Walter Yarosh dated December 4, 2012 resigning from the Design Review Committee.
Motion made by Selectman Cahalane to accept with regrets, the resignation of Walter Yarosh from the Design Review Committee. It was also agreed the Board would remit a letter of appreciation to Mr. Yarosh for his service to the Town of 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
Mr. Yarosh served the Design Review Board as a Registered Architect. In accordance with the Town’s bylaw, a licensed architect or an engineer would be required to fill his seat.
Acceptance of Resignation – Waterways Commission:
A letter of resignation dated November 29, 2012 was received from Stephen Mone, Harbormaster resigning from the Waterways Commission. It was noted that Mr. Mone will continue to serve the Waterways Commission in an advisory capacity.
Motion made by Selectman Cahalane to accept the resignation of Stephen Mone from the Waterways Commission.
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:
Appointment to Waterways Commission:
Motion made by Selectman Cahalane to place the above referenced topic on the Selectmen’s agenda.
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
A letter of interest was received from Don McDonald to serve on the Waterways Commission. It is the recommendation of the Waterways Commission to move forward with the appointment. Mr. McDonald has been attending regular meetings of the WWC, and is a mooring holder having a boat in Mashpee/Wakeby Pond. Mr. McDonald expressed an interested in serving on the Waterways Commission while attending the launch of the Cape Cod Volunteer organization in Mashpee last month.
Motion made by Selectman Cahalane to appoint Don McDonald to the Waterways Commission 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
NEW BUSINESS:
Recommendation for Approval – Installation of One New Utility Pole on Old Barnstable Road (Pole #309/32) – New Service:
The Board of Selectmen reviewed Petition #2012C-28 from Verizon New England, Inc. and Nstar Electric Company to place new facilities, Pole 309-32 on Old Barnstable Road, Mashpee.
A Hearing was held on December 20th with no comment from the abutters. The new pole would be installed opposite to the entrance to 570 Old Barnstable Road, the Mashpee Housing Authority property.
Motion made by Selectman Sherman to approve Petition #2012C-28 to place a pole on Old Barnstable Road 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
APPOINTMENTS & HEARINGS:
Public Hearing – Application by Jack G. Carter, Jr., d/b/a 1056 Enterprises, Inc., Class II Used Car Dealer’s License:
Acting as the Licensing Authority for the Town of Mashpee, the Board of Selectmen opened the Public Hearing on the application of Jack G. Carter, Jr., d/b/a 1056 Enterprises, Inc., to operate a Class II Dealer’s License at 68E Nicolettas Way, Mashpee. The Hearing notice was read aloud in accordance with posting requirements. Jack Carter was in attendance to discuss the license application with the Board of Selectmen.
It was noted that Mr. Carter met with the Design Review Committee and Zoning Board of Appeals on the use of a contractor bay to specialize in antique used vehicle for retail sale. The application was reviewed by the Board of Health with the stipulation that no vehicle repair is permitted without the Board of Health’s approval. In accordance with the Zoning Board of Appeals Special Permit, the number of vehicles to be stored inside is limited to 6, no vehicles shall be stored or displayed outside, no vehicle repair will be conducted on the premises, and no flammables will be stored inside.
The Board of Selectmen discussed the mandates of the Special Permit with the applicant, Jack Carter.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Sherman to close the Public Hearing.
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
Motion made by Selectman Sherman to accept the application of Jack G. Carter, Jr., d/b/a 1056 Enterprises, Inc., to operate a Class II Dealers License at 68E Nicolettas Way, Mashpee as permitted by the Mashpee Zoning Board of Appeals.
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
NEW BUSINESS:
Approve Position Vacancy Request – ZBA Administrative Secretary:
With the recent promotion of Cynthia Bartos from Administrative Secretary to the Zoning Board of Appeals to the position of Benefits Administrator, the Town Manager recommended the Board approve the Position Vacancy Request for advertisement as soon as possible.
Motion made by Selectman Cahalane to place the above referenced 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
Motion made by Selectman Cahalane to approve the Position Vacancy Request for Administrative Secretary 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
LIAISON REPORTS:
Special Events Committee: It was reported the 7th Annual Mashpee Christmas Parade was another successful and fun event in Mashpee held without incident. The Parade Committee is scheduled to meet on Tuesday at 8:30 a.m.
Schools:With upcoming senior projects, it was noted that a Mashpee High School student is seeking to get involved in Town government. He is working with the School Superintendent on a program suitable for the project which may involve working with the Board of Selectmen. Mashpee Seniors will also be conducting mock interviews to assist them in future speaking endeavors.
LIAISON REPORTS:
EOC: Richard York, Mashpee’s Shellfish Constable recently gave a presentation to the Environmental Oversight Committee (EOC) on the propagation of shellfish to assist in cleaning coastal waters. The DEP is recognizing the beneficial use of shellfish for nitrogen removal. Shellfish aquaculture may result in substantial cost savings to the town when reviewing the overall sewer plan.
Mashpee Community Concert Committee: The Board of Selectmen expressed appreciation to the Mashpee Community Concert Committee for sponsoring the spectacular display of holiday lighting at the Mashpee Rotary.
Sewer Commission/Mashpee Water District: It was noted the final stages of legislation are moving forward for the merger of the town’s sewer and water.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:03 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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