AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 24, 2011
4:00 p.m. – Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, January 10, 2011 Regular Session
EXECUTIVE SESSION
4:00 Labor Counsel Interviews
6:00 Collective Bargaining – Administrators Unit
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – application for an Annual All Alcoholic Restaurant
License – Bistro Three Six
6:50 Public Hearing – Private to Public road Conversion – Great Hay Estates
7:00 MMR Update
7:15 Public Hearing – Class II Dealers License – Alan Morra, d/b/a Classics First
7:25 Public Hearing – (cont’d from December 6, 2010) – Seabury Spirits, Inc., Request to Change Location and Change of Manager for Annual All Alcohol
Package Store License
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- Recommendation for Appointment – Zoning Board of Appeals
ADDITIONAL TOPICS
This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
- Policy for Purchase & use of Permits/Passes for Mashpee Transfer Station and Mashpee Beaches
LIAISION REPORTS
Board of Selectmen
Minutes
January 24, 2011
Present: Selectman Cook, Selectman Cahalane, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cook at 4:00 p.m.
Town Hall, Conference Room #1
EXECUTIVE SESSION:
Motion made by Selectman Taylor to adjourn at 4:01 p.m. The Board will enter into Executive Session at this time for the purpose of discussing preliminary interviews for Labor Counsel. The Board will resume in Open Session at 6:30 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
The Town of Mashpee sought proposals from qualified firms to appoint on an at-will basis, a highly qualified attorney/law firm to serve as labor counsel. In accordance with the RFP, the successful appointee should meet or exceed the qualifications herein and, in general, should be readily accessible to authorized public officials, exceptionally experienced in labor law, scrupulous in adhering to required standards of professional conduct and ethics, and committed to rendering sound legal advice with suitable objectivity and professional detachment.
In response to the Request for Proposal, (4) attorney/law firms were interviewed by the Board of Selectmen in Executive Session.
Recess: 6:26 p.m. Meeting Resumed: 6:30 p.m.
MINUTES:
Monday, January 10, 2011 Regular Session:
Motion made by Selectman Richardson to approve the minutes of Monday, January 20, 2011 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, abstained
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
Snead Drive resident Bob Crowley discussed the matter of snowplowing damage occurring during two recent winter storm events. Mr. Crowley indicated that on two occasions, his mailbox has been knocked down by snowplows. In concern, Mr. Crowley stated that he has asked the drivers to slow down. Of the seventeen mailboxes on Snead Drive more than one-half have been damaged this year. Mr. Crowley placed the Selectmen on advisement with respect to this matter.
COMMUNICATIONS & CORRESPONDENCE:
Comcast – Contractual Agreement:
It was agreed the final contractual agreement with Comcast would be presented to the Board of Selectmen at their February 14th meeting. It was noted the draft agreement deemed confidential has one outstanding matter relative to regional offices to resolve.
MA Municipal Conference:
The Town Manager and several members of the Board of Selectmen attended the MA Municipal Conference in Boston. It was agreed for those working in municipal government, it is a valuable, and educational experience.
NEW BUSINESS:
Recommendation for Appointment – Zoning Board of Appeals:
Correspondence was received from Judy Horton dated December 14, 2010 expressing an interest to serve as an associate member of the Zoning Board of Appeals. The current members of the Zoning Board of Appeals are in unanimous support of her appointment.
Motion made by Selectman Richardson to appoint Judy Horton as an Associate Member of the Zoning Board of Appeals.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Application for an Annual All Alcoholic Restaurant License – Bistro Three Six:
The Board of Selectmen opened the Public Hearing on the application of Bistro Three Six, LLC d/b/a Bistro Three Six, Barbara Hatzmann, Manager, 36 South Street, Mashpee for an Annual All Alcoholic Restaurant License.
The Hearing notice was read into the record in accordance with posting procedures. Barbara Hatzmann, Manager was in attendance with her counsel Karen Simão to discuss the license application located at 36 South Street, Southcape Village, Mashpee. Ms. Hatzmann has been employed for the past ten years in the Town of Mashpee serving as general manager of Carbo’s Grille & Bar and Soprano’s Risorante.
It was noted the restaurant, main bar and dining room consists of 4,030 square feet with indoor seating for 111 occupants and for 24 occupants in the outdoor lower terrace seating. Additional egresses are located on Joy Street and in the alley way. The applicant was noted to be upgrading the space from the prior tenant’s formal plan. As shown on the plan, construction includes the addition of a new bar and entry way as well as new patio awning and other updates to the décor transferring the facility into a neighborhood style bistro.
A new floor plan representing new seating, having the same number of seats for occupants as noted above was presented to the Selectmen for approval. (enclosed in Selectmen’s Official Office Copy)
A sample menu was attached. It is the intention of the establishment to open from Monday through Sunday from 11:30 a.m. until 1:00 p.m.
The Notification to the Abutters via certified mail was presented at the meeting.
Being no 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 Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Cahalane to approve the application of Bistro Three Six d/b/a Bistro Three six, Barbara Hatzmann, Manager, 36 South Street, Mashpee for an Annual All Alcoholic Restaurant License to include the new seating plan as outlined.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
ADDITIONAL TOPICS:
Policy for Purchase & Use of Permits/Passes for Mashpee Transfer Station and Mashpee Beaches:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
The Policy for the Purchase & Use of Permits/passes for the Mashpee Transfer Station and Mashpee Beaches as amended on 3-13-06 was before
the Selectmen for additional review.
In particular, Item 7 under the General Policy was discussed; the price of the permits, passes, and other associated fees are set by the Board of Selectmen. The full price of the permit shall be charged regardless of when during the year the permit is purchased, except that, for the Transfer Station, permits purchased after April 1st may be purchased at fifty percent (50%) of the full price purchase.
At a time of budgetary constraints, the Town Manager recommended the Selectmen consider amending the policy to reduce the price of the permit to 50% as of January 1, 2011 for this year only.
Transfer Station Permits and passes are valid for the current fiscal year (July 1st through June 30th of the following year). Beach Permits are required between June 27th and Labor Day each year.
ADDITIONAL TOPICS:
Policy for Purchase & Use of Permits/Passes for Mashpee Transfer Station and Mashpee Beaches:
Motion made by Selectman Cahalane to accept the recommendation of the Town Manager, and amend the referenced Policy to read effective January 1, 2011; Transfer Station permits purchased as of January 1, 2011 may be purchased at fifty percent (50%) of the full purchase price for this year only.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
It was agreed that a rebate would be issued to those who purchased permits on January 1, 2011 through January 24, 2011.
APPOINTMENTS & HEARINGS:
Public Hearing – Private to Public Road Conversion – Great Hay Estates:
The Public Hearing relative to the private to public road conversion of the following roads: Taurus Drive, Polaris Drive (#97 to start of Taurus Drive), and Gemini Drive (#19 and ending at Taurus Drive) as shown on plans entitled “Road Easement Taking Plan “Holland Mills” subdivision in Mashpee dated December 13, 2000 prepared by The BSC Group was read aloud into the record.
It was announced the estimated betterment cost is $153,289.15. The maximum cost to be borne by 35 property owners is $4,379.69. A homeowner has the ability to spread the cost over a twenty-year period at a maximum interest rate of 5%.
The Board opened the Hearing to solicit comment.
Carol Ouellette, 79 Taurus Drive presented a second petition to the Board of Selectmen representing ample signatures to proceed with the process of Town Meeting. It was noted in order to move forward, the petition is required to be verified with regards to the list of petitioners and the number of abutters required producing a majority of voters.
Motion made by Selectman Taylor to close the Public Hearing.
Motions seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
MMR Update:
Lynda Wadsworth, Community Outreach Manager of the Massachusetts National Guard E&RC, Camp Edwards at the Massachusetts Military Reservation (MMR) was in attendance with several Commanders of the MMR to update the Selectmen on current and future activities.
During the PowerPoint presentation, Commanders of the major installations of Otis Air National Guard Base, Coast Guard Air Station Cape Cod, Camp Edwards Training Site and the Air Force 6th Space Warning Squadron PAVE PAWS Radar Site briefed the Selectmen on areas of their expertise.
The MMR today encompasses 22,000 acres. It is the largest piece of undeveloped land on Cape Cod. The northern portion of the base is the home for a variety of habitats. Also contained in the MMR is an underground aquifer which supplies drinking water to the Upper Cape.
The military commands at the MMR protect the land, sea and air of the northeastern United States. Many military units and service member’s work and train at the MMR, and are participating in missions around the world.
The PowerPoint presentation is contained in the Official Copy of the minutes located in the Selectmen’s/Town Managers Office.
APPOINTMENTS AND HEARINGS:
Public Hearing – Class II Dealers License – Alan Morra, d/b/a Classics First:
Selectmen Sherman recused herself from participating in the above referenced agenda topic of discussion.
Acting as the licensing authority for the Town of Mashpee, the Board of Selectmen opened the Public Hearing on the application of Alan Morra, d/a/b Classics First, to operate a Class II Dealer’s License at 78 Industrial Drive, Unit 1, Mashpee.
The Hearing notice was read aloud into the record. Alan Morra was in attendance to discuss the license application with members of the Board of Selectmen. Mr. Morra indicated that he has been before the Planning Board and Zoning Board of Appeals for a special permit to conduct a wholesale business and storage in a roofed structure to allow a wholesale auto sales operation to include vehicle storage in Unit 1 of a 16,500sq. ft. industrial building.
Mr. Morra indicated that he requests a Class II License for the sale of (10) total antiques, consisting of classic, specialty cars and trucks. No cars of any kind would be displayed outdoors unless in transit. The facility room indoors would house up to (5) cars. There would be no repair or restoration services at the facility. Mr. Morra indicated he intends to specialize with cars ready for sale to serve past, current and future customers.
Mr. Morra explained that a Purchase & Sale Agreement has been developed with a local bank that is subject to the Board of Selectmen’s approval.
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 Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, absent Opposed, none
Motion made by Selectman Cahalane to grant a Class II Dealer’s License to Alan Morra, d/b/a Classics First; (5) cars only indoors, with no outdoor display of any kind at 78 Industrial Drive, Unit 1, Mashpee, MA.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, absent Opposed, none
Public Hearing – (cont’d from December 6, 2010) Seabury Spirits, Inc., Request to Change Location and Change of Manager for Annual All Alcohol Package Store License:
The Board of Selectmen opened the Public Hearing continued from the December 6, 2010 Selectmen’s Meeting on the application of Seabury Spirits, Inc. request to change the location and change the manager for its annual all alcohol package store license.
Correspondence was received from Gordon Mark Libbey, Manager dated January 20, 2011 withdrawing the petition to change the location and appoint a new manager at this time. There was no public comment.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
LIAISON REPORTS:
Environmental Oversight Committee:
It was reported the grant application for two Solar Bees to improve circulation at Santuit Pond was denied. It was disclosed the Friends of Santuit Pond may approach the Community Preservation Committee for the use of CPA open space funding or perhaps place a petition article on the May warrant to secure the funds through a debt exclusion. It was agreed that an opinion would be obtained from Town Counsel with respect to the use of CPA funds for this type of project.
The Mashpee Blue Book is now in pre-draft form, and it is expected to be mailed to all Mashpee residents the first week in July. The EOC is presently reviewing cost assumptions associated to the printing and mailing of the environmental booklet.
Recycling Committee:
The curbside collection process and associated costs is under review by the Town’s Recycling Committee.
Library:
Efforts are being made to continually build upon the Library training program.
Affordable Housing Committee:
Town-owned land is under review by the Affordable Housing Committee for affordable housing needs. It was also reported, the Community Preservation Committee voted to approve property on Russell Road for an affordable housing project. The matter is pending approval from the ZBA for a comprehensive permit. The plan if approved will go before the voters at the May Town Meeting.
Cape Cod Collaborative: The collaborative is continuing to review water issues.
CVEC: Wind turbines are under review by the Cape Electric Cooperative.
LIAISION REPORTS:
Affirmative Action:
To better learn and understand diversity, Maddie Wilson, a Mashpee High School student has initiated a MHS Multicultural Celebration as her senior project. To promote awareness, a special event is scheduled on Thursday, January 27th at 1:00 p.m. in the MHS auditorium. Scheduled activities include poetry reading, music and native dance by the students.
Mashpee Cares:
Approximately 30 students and parents attended the recent Mashpee Cares program. This week is No Name Calling Week, an initiative which began with the Mashpee Kiwanis and students in Grades 6 – 8 formerly called No Dissing.
Adjournment:
Motion made by Selectman Sherman to adjourn at 7:45 p.m. The Board will enter into Executive Session for the purpose of discussing collective bargaining. The Board will not reconvene in Open Session.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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