AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 8, 2010
5:30 p.m. - Convene Meeting – Executive Session - Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, January 25, 2010 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
5:30 Executive Session – Finance Committee/ School Committee
6:30 Public Comment
6:40 Public Hearing – Café Trevi – Application for Entertainment License
6:50 Public Hearing – Wicked – Application for Entertainment License
COMMUNICATIONS & CORRESPONDENCE
1) Sewer Commission – Use of Mitigation Funds
OLD BUSINESS
1) Disclosure of Financial Interest
NEW BUSINESS
1) Request for Permit Increases – Inspections Department
2) Special Events Application – Life, Inc. – Road Race
3) Recommendation for Appointment – Zoning Board Of Appeals Associate Member
4) Acceptance of Resignation – Sewer Commission
5) Review & Execution of Quitclaim Deeds – Habitat for Humanity – Fox Hill Road, Lakewood Drive, Timberlane Drive
6) Intermunicipal Agreement - Mashpee Water District
7) Comprehensive Water Management Plan Citizens Advisory Committee
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 8, 2010
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Meeting Called to Order by Chairman Myers at 5:30 p.m.
Town Hall, Conference Room #1
EXECUTIVE SESSION:
Board of Selectmen/Finance Committee/School Committee:
Motion made by Selectman Cook to adjourn at 5:31 p.m.
The Board will enter into Executive Session for the purpose of
discussing negotiations. The Board will return to Open Session at approximately 6:30 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Myers, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Richardson, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Board of Selectmen
Minutes
February 8, 2010
The Meeting was Called to Order by Chairman Myers at 6:42 p.m.
Town Hall, Conference Room #1
Due to technical difficulties, the meeting was not taped.
MINUTES:
Monday, January 25, 2010 Regular and Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, January 25, 2010 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
Public Hearing – Café Trevi – Application for Entertainment License:
The Board of Selectmen opened the Public Hearing on the application of 25 Market Street, Inc., d/b/a Café Trevi, John Reid, Manager, 25 Market Street, Mashpee for an Entertainment License to include; Live Music.
The Hearing notice was read aloud to conform to posting requirements. Susan Musto, authorized agent for Café Trevi was present to discuss the license application for live acoustical entertainment, 1 – 4 musicians.
Correspondence was received from the Fire Chief dated February 8, 2010 with respect to this regard. Chief Baker is not opposed to the issuance of an entertainment license providing the following restrictions are mandated by the Board of Selectmen;
1. Due to space limitations, limit to (1) performer with no amplification.
2. Performers, equipment and wiring shall not block any and all marked egress doors and pathways (minimum 48 inches).
With respect to the Fire Chief’s concerns, Ms. Musto indicated she is not opposed to the restrictions.
Additional communication was received from the Building Inspector dated January 21, 2010 without objection. Mr. Stevens in his memorandum indicated the applicant has given him a floor plan showing the location and means of egress. It was noted the occupant load is 58 and the building is fully sprinkled.
Being no comment the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to approve the application of 25 Market Street, Inc., d/b/a Café Trevi, John Reid, Manager, 25 Market Street, Mashpee for an Entertainment License to include; Live Music (1) performer with no amplification, performers, equipment and wiring shall not block any and all marked egress doors and pathways (minimum 48”).
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Special Events Application – Life, Inc. – Road Race:
The Selectmen were in receipt of a Special Events Application for a 5k road race/walk on Saturday, May 8, 2010 on behalf of Life, Inc., a non-profit organization; Living Independently Forever serving adults with learning disabilities. Corinne Wickel was in attendance to request the Selectmen’s approval. Applicable Town agencies were noted to have signed off on the event application. An open house is scheduled to be held following the race at the Life, Inc. building located at 175 Great Neck Road South, Mashpee. The race starts at 9:00 a.m. and the event is open to the public.
Motion made by Selectman Cook to approve the Special Events Application of Life, Inc. to hold a Road Race in Mashpee on May 8, 2010 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Cape Cod Ocean Management Plan:
A public hearing is scheduled on February 11, 2010 at the Nathaniel Wixon Middle School in South Dennis to discuss the Ocean Management Plan, a plan created by the State to promote certain types of development within Massachusetts ocean waters. The plan anticipates that the two State regional planning agencies with regulatory powers, the Cape Cod Commission and Martha’s Vineyard Commission will coordinate additional planning and regulation for these waters through a District of Critical Planning Concern (DCPC).
Selectman Richardson will attend the hearing on behalf of the Board of Selectmen. It was agreed he would consult the Waterways Commission with respect to this regard. The Barnstable County Commissioners nominated the Ocean Management Plan DCPC on December 16, 2009. The Cape Cod Commission recently voted to accept the DCPC nomination, with a revised boundary map.
COMMUNICATIONS AND CORRESPONDENCE:
May 2010 Town Meeting Warrant:
The Board of Selectmen will review the first draft of the May Town Meeting warrant at their next meeting. Petition articles received by the February 8th deadline will also be reviewed to form.
OLD BUSINESS:
Disclosure of Financial Interest:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Board of Selectmen reviewed communication received from Edward Baker of Captains Row dated January 7, 2010. Mr. Baker is a member of the Environmental Oversight Committee (EOC) and there is the potential for a “Conflict of Interest” as a result of his advocacy for environmental improvements to the Mashpee River since his property value would be enhanced by completion of the project.
At the last meeting, the Selectmen agreed pending Town Counsel’s approval that Mr. Baker as a member of the EOC disclose his advocacy and his financial interest to the Town Clerk. This action was not supported, as a result, the Selectmen were requested to reconsider their position.
Town Counsel has recommended the Board set policy/practice for appointed Board/Committee members to recuse themselves from discussions where there is a potential for financial gain.
Discussion followed. It was noted the EOC is an advisory committee to make recommendations to the Board of Selectmen and the improvement of the Mashpee River provides benefit to the entire Mashpee community.
The Selectmen have the option to approve the State Ethics Commission Determination Form which would determine the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee, Edward Baker.
Motion made by Selectman Cahalane to execute the disclosure as provided on the State Ethics Commission Determination Form.
Motion seconded by Selectman Myers.
VOTE: 2-3. Motion does not carry.
Selectman Cook, Selectman Taylor, Selectman Richardson opposed.
The disclosure is not accepted by the Board of Selectmen.
APPOINTMENTS AND HEARINGS:
Public Hearing – Wicked – Application for Entertainment License:
The Board of Selectmen opened the Public Hearing on the application of Wicked Restaurant, Inc., d/b/a Wicked, 35G South Street, Mashpee, Robert Catania, Manager, for an Entertainment License to include; Live Music.
For informational purposes, the Hearing notice was read into the record. Robert Catania, Manager of Wicked was in attendance to discuss the license request with the Board of Selectmen. Music would include 1-2 piece, acoustic guitar and singing in a corner of the restaurant out of any walkways or traffic paths.
Correspondence was received from George Baker, Fire Chief dated February 8, 2010 recommending the following restrictions be mandated by the Board of Selectmen;
1. Lighting shall not be dimmed during any amplified performance unless the amplification system is tied into the fire alarm system as to shut off the amplification system and bring the lights up in the case of fire alarm activation.
2. Performers, equipment and wiring shall not block any and all marked egress doors and pathways (minimum 48 inches).
3. Performers shall be limited to a maximum of (3).
It was noted that verbal communication was received from the Building Inspector with respect to this regard. It was the recommendation of Mr. Stevens to have a floor plan on file to depict the location and means of egress. There are no objections from the Building Inspector.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to approve the application of Wicked Restaurant, Inc., d/b/a Wicked, 35G South Street, Mashpee, Robert Catania, Manager for an Entertainment License to include; Live Music with the following mandate:
1. Lighting shall not be dimmed during any amplified performance unless the amplification system is tied into the fire alarm system as to shut off the amplification system and bring the lights up in the case of fire alarm activation.
2. Performers, equipment and wiring shall not block any and all marked egress doors and pathways (minimum 48 inches).
3. Performers shall be limited to a maximum of (3).
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request for Permit Increases – Inspections Department:
Correspondence was received from the Building Inspector dated January 26, 2010 requesting the Selectmen approve fee increases for Building, Electrical and Plumbing/Gas permits. The current fee structure has been in place since 2003, and does not accurately reflect permit costs relative to the value of work performed.
Due to present economics, the Town Manager recommended the Board defer action to the next budget round. The Selectmen were in agreement to suspend action at this time. It was suggested Mr. Stevens provide an estimate of the financial gain relative to the permit increases. Also, the Board requested to further review the number of permits filed and the projected increase that would result in an elevated fee structure.
Recommendation for Appointment – Zoning Board of Appeals Associate Member:
Robert Nelson, Chair of the ZBA remitted communication to the Selectmen dated February 2, 2010 recommending the appointment of Ronald Bonvie as an Associate Member.
Motion made by Selectman Cook to accept the recommendation of the ZBA and appoint Ronald Bonvie to the Zoning Board of Appeals as an Associate Member.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Sewer Commission:
A letter of resignation was received from Donald Desmaris dated January 27, 2010 resigning from the Sewer Commission.
Motion made by Selectman Cahalane to accept the resignation of Donald Desmaris from the Sewer Commission.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Review and Execution of Quitclaim Deeds – Habitat for Humanity – Fox Hill Road, Lakewood Drive, Timberlane Drive:
Correspondence was received from Donald Dickinson of Habitat for Humanity of Cape Cod dated January 27, 2010 relative to (3) Habitat for Humanity sites; 67 Fox Hill Road, 19 Lakewood Drive and 38-44 Timberlane Drive.
Mr. Dickinson has disclosed the permitting process for the Nitrate Aggregation Loading Plans is complete. With the work completion, the title to the three parcels may be conveyed to Habitat at this time.
Motion made by Selectman Cahalane to endorse the following Quitclaim Deeds to Habitat for Humanity of Cape Cod;
67 Fox Hill Road, Mashpee
19 Lakewood Drive, Mashpee
38 & 44 Timberlane Drive, Mashpee
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
It was noted the (3) affordable housing units are subject to a perpetual affordable housing restriction.
Intermunicipal Agreement – Mashpee Water District:
The Board of Selectmen was in receipt of an Intermunicipal Agreement between the Town of Mashpee and Mashpee Water District. The current agreement is due to expire on June 30, 2010. Under the terms of the agreement, the District has agreed to compensate the Town $22,500 per year for the next three years.
It was agreed the matter would be deferred to the next meeting. It will appear as an Executive Session topic of discussion.
NEW BUSINESS:
Comprehensive Water Management Plan Citizens Advisory Committee:
The Town of Barnstable has formed a Comprehensive Wastewater Management Plan Citizens Advisory Committee and has requested representation from the Town of Mashpee.
Motion made by Selectman Taylor to appoint Selectman Michael Richardson to serve as Mashpee’s representative to the Comprehensive Wastewater Management Plan Citizens Advisory Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Richardson abstained.
COMMUNICATIONS AND CORRESPONDENCE:
Future Agenda Topics:
Recycling Program Update – February 22, 2010
Road Taking Policy – March 8, 2010
School Committee Discussion:
After attending a recent School Committee meeting involving budget discussions, the Selectmen members present related concern with respect to this regard. It was noted there was a sense of unfairness at the meeting as it relates to the 2% budget reduction imposed by the Board.
In concern for the upcoming budget it was disclosed that a petition article has met the deadline for placement on the May 2010 warrant requesting authorization to appropriate and transfer $450,000 from the Town’s stabilization fund to the School budget. The requested sum would allow the School Department to fill the gap imposed by the 2% reduction. Although the petition article was initiated by private citizens, the School Committee voted to sign the petition. It was noted that a member of the Finance Committee attended the meeting and is aware of this action. The Selectmen related concern to the use of stabilization funds during a time of dire economics. It was noted that several years ago the sum of $750,000 was taken from stabilization to assist in the funding of
the School budget, and the funds have not been replaced.
The Selectmen related concern towards the School Committee’s attitude handling the 2% budget reduction. In fairness to all Town employees, it was noted that several departments are also realizing the constraints of a level service budget and as a result, several departments are not filling positions. When preparing a Town budget, all facets are realized. Costs include insurance premiums, current debt, utilities, energy items and other common budgetary review practices.
Sewer Commission – Use of Mitigation Funds:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Selectmen reviewed late-filed correspondence from the Town Planner on behalf of the Sewer Commission requesting to apply for mitigation funds on file with the Cape Cod Commission. The Sewer Commission is requesting $3,000 to retain the services of consultants assisting with the development of a Watershed Nitrogen Management Plan.
Motion made by Selectman Taylor to approve the request of the Sewer Commission to apply for mitigation funds held by the Cape Cod Commission.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:22 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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