AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 22, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, February 8, 2010 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Paul Niedzwiecki – Cape Cod Commission Update
6:50 Public Hearing – Combined Charities of Cape Cod, Inc. – Michael Sacchetti, Principal Application for Class II License
7:00 Public Hearing – Cape Cod Restaurants, Inc., d/b/a Starfish, Tyler P. Hayes, Manager – Application for Annual All Alcohol Restaurant License, Application for Entertainment License to include Sunday Entertainment
COMMUNICATIONS & CORRESPONDENCE
1) Preliminary Budget Review
2) Special & Annual Town Meeting Warrant – Draft #1
3) Mashpee VFW Post 5489 – Affordable Housing Proposal
OLD BUSINESS
NEW BUSINESS
1) Request for Approval – Mashpee High School Student Project – Creation of Trail from Ash Street to Shoestring Bay
2) Request for One-Day Liquor License – Mashpee Wampanoag Rod & Gun Club
3) Request for Letter of Support – Community Builders
4) Acceptance of Resignation – Environmental Oversight Committee
5) Acceptance of Resignation – Community Advisory Committee
6) Request for Street Betterment Abatement
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 22, 2010
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, February 8, 2010 Regular and Executive Sessions:
The minutes were amended to reflect on page fifteen; last paragraph. To delete the sentence deemed an incorrect statement: It was noted that a member of the Finance Committee attended the meeting and is aware of this action.
Motion made by Selectman Cook to approve the minutes of Monday,
February 8, 2010 Regular and Executive Sessions as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Peter White, lobbyist in support of petition Article 18 of the May Annual Town Meeting warrant asked the Selectmen to place the article relative to the opposition of the wars in Iraq and Afghanistan as the first petition article on the May warrant. Mr. White also requested the Selectmen’s endorsement of petition Article 18. The petition article if approved would allow a directive to legislative officials to vote no on further funding for the wars, and to work for the speedy withdrawal of all troops. As the article states, the majority of Americans oppose the wars for oil in the Middle East, and do not want any more troops sacrificed or tax money wasted.
In response, the Selectmen indicated that petition articles appear on the Town Meeting warrant in the order to which they are submitted.
Paul Niedzwiecki – Cape Cod Commission Update:
Paul Niedzwiecki Executive Director of the Cape Cod Commission (CCC) was in attendance with Patty Daley, CCC Technical Services Manager and Mashpee’s representative to the Commission Ernest Virgilio to update the Selectmen on activities the Cape Cod Commission has been involved in this past year and of future project endeavors.
Of particular note was the updated Cape Cod Regional Policy Plan, a planning and regulatory document required by the Cape Cod Commission Act to develop a growth policy for Cape Cod. The Regional Policy Plan (RPP) identifies key resources of local importance, and provides a framework for Cape Cod towns and their local comprehensive planning efforts. As a regulatory document, the plan presents minimum performance standards that are required of all Developments of Regional Impact (DRIs) that fall within the Commissions jurisdiction. The plan is updated every five years. The current Regional Policy Plan became effective in January 2009.
In addition to the growth Regional Policy Plan, the Commission has worked with Cape towns to create a Land Use Vision Map for Cape Cod.
The mapping identifies areas for increased growth and economic activity and areas where additional development should be discouraged.
Also, the Comprehensive Economic Development Strategy (CEDS) is a document and process to plan and generate new economic development activity and improve community infrastructure and services. Certification of the CEDS document will allow for the qualification of funding for economic development from the Economic Development Administration (EDA). The Cape Cod Commission staff will be working with the Town to update Mashpee’s Local Comprehensive Plan and also with the Mashpee EDIC. The annual update of the CEDS is anticipated to be submitted to the EDA in early April.
Objectives for 2010 include wind and wastewater. The Barnstable County Commissioners and Cape Cod Commission have nominated the Ocean Management Planning DCPC. A DCPC is a planning tool that allows communities to put in place a time-limited moratorium on certain activities. Areas designated as DCPC’s require new regulations or planning measures that otherwise cannot be addressed adequately through existing regulations.
The DCPC nomination is before the Assemble of Delegates for designation. The Ocean Management Planning DCPC nomination covers the ocean waters which include the land below and the air space above surrounding Cape Cod. If the DCPC is designated, a Cape-wide effort is necessary to reach consensus regarding ordinances to govern. Mr. Niedzwiecki made note of the importance of local representation. Presently, Selectman Richardson is attending meetings on behalf of the Town of Mashpee. If the DCPC is designated, all Cape towns have up to one year to define standards with the Commission for the development in the ocean waters surrounding the Cape Cod coastline.
With regards to wastewater, the Cape Cod Commission is presently working on a regional wastewater management plan and is in support of the Cape Cod Wastewater Protection Collaborative.
When asked of the enforcement of the orders of condition for draft projects, Mr. Niedzwiecki indicated that enforcement is contained in the currently regulatory program. Enforcement is deemed a work in progress and the CCC is attempting to write decisions that are more self-policing in nature to better enforcement practices.
The Selectmen expressed appreciation to the Cape Cod Commission for their efforts and assistance to the Town of Mashpee.
NEW BUSINESS:
Request for One-Day Liquor License – Mashpee Wampanoag Rod & Gun Club:
Mashpee Rod & Gun Club representative Courtenay Mills was present to request the Selectmen authorize the use of their One-Day Liquor License on Saturday, March 6, 2010.
Motion made by Selectman Cahalane to approve the Mashpee Wampanoag Rod & Gun Club One Day Liquor License on Saturday, March 6, 2010.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Request Letter of Support – The Community Builders:
Communication was received from the The Community Builders dated February 10, 2010 via email requesting a letter of support from the Board of Selectmen for Phase II renovations planned for the Mashpee Village Apartments. The Community Builders is applying to the Department of Housing and Community Development (DHCD) for funding assistance.
The renovations in Phase II will focus on the replacement of the onsite septic system, interior work within the multifamily units and comprehensive site and community space upgrades, all of which are planned toward energy efficiency and conservation. The Mashpee Village is a 145 unit rental community servicing low and moderate income families in Mashpee.
A draft letter of support to the DHCD dated February 22, 2010 was presented to the Selectmen for endorsement to support the request of The Community Builders for Low Income Housing Tax Credits and Section 8 Vouchers for the second phase of renovations.
Motion made by Selectman Richardson to approve the letter of support to DHCD on behalf of The Community Builders for the second phase of renovations for the Mashpee Village Apartments.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Combined Charities of Cape Cod, Inc. – R. Michael Sacchetti, Principal Application for Class II License:
The Board of Selectmen acting as the Licensing Board for the Town of Mashpee opened the Public Hearing on the application of Combined Charities of Cape Cod, Inc., R. Michael Sacchetti, Principal Officer, to operate a Class II Class License at 10 Echo Road, Unit 5, Mashpee.
The Hearing notice was read aloud to conform to posting requirements. R. Michael Sacchetti was in attendance to discuss the license request with the Board of Selectmen. Mr. Sacchetti indicated the principal use of business activity is the pick-up and sale of used autos which are donated to charities almost entirely at the wholesale level. Mr. Sacchetti explained there is a garage and office space with paved parking at the subject location 10 Echo Road, Mashpee.
Mr. Sacchetti indicated he does not intend to sell cars to the public or conduct any repairs on site. It was noted the office space is a necessary component of the Class II License to transfer ownership of title. Mr. Sacchetti stated that proceeds for the sale of vehicles at the wholesale level other than his handling fees for services support charities.
It was disclosed the Board of Appeals previously voted to grant a Special Permit which includes retail, wholesale, storage and an accessory office to retail in a C-2 Zoning District.
However, it is necessary for the Applicant to obtain a Special Permit from the Planning Board with respect to this regard.
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 Richardson to approve the application of Combined Charities of Cape Cod, Inc., R. Michael Sacchetti, Principal Officer, to operate a Class II Class License at 10 Echo Road, Unit 5, Mashpee, with no public display of vehicles, and based upon approval from the Planning Board for a Special Permit.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Acceptance of Resignation – Environmental Oversight Committee:
Acceptance of Resignation – Community Advisory Committee:
Correspondence was received from Edward Baker dated February 12, 2010 resigning from his appointments to the Environmental Oversight Committee and the Community Advisory Committee.
Motion made by Selectman Cahalane to accept the resignation of Edward Baker from the Environmental Oversight Committee and the Community Advisory Committee with regrets. The Selectmen agreed to remit a letter of appreciation to Mr. Baker citing all of his attributes and service to the Town of Mashpee.
Motion seconded by Selectman Cook.
VOTE: 3-2. Motion carries.
Selectman Myers and Selectman Cahalane opposed.
Maria Martone, 163 Captains Row, a neighbor of Edward Baker stated the public strongly regrets that his resignation has moved forward. Ms. Martone indicated she does not feel that Mr. Baker participates in committees to better his home value. She stated that it is honestly for a good cause. Ms. Martone asked who would take up this cause, and who would be the voice because as a property owner, she would benefit as well.
APPOINTMENTS AND HEARINGS:
Public Hearing – Cape Cod Restaurants, Inc., d/b/a Starfish, Tyler P. Hayes, Manager – Application for an Annual All Alcoholic Restaurant License and Application for Entertainment License:
The Board of Selectmen opened the Public Hearing on the application of Cape Cod Restaurants, inc., d/b/a Starfish, Tyler P. Hayes, Manager, 20 Joy Street, Mashpee for an Annual All Alcoholic Restaurant License for establishment described as: Located at 20 Joy Street, SouthCape Village, Mashpee. Premises consist of approximately 5,299 sf of first floor dining with seating for 100, seasonal outside dining with seating for 20, 2 restrooms; 8 entrances, exits.
Attorney Mark Gildea was present on behalf of Cape Cod Restaurants, formerly Heather with Tyler Hayes, Manager to discuss the license application with the Board of Selectmen. It was noted William Zammer, Beach Road Mashpee is the principal owner of the subject establishment. Mr. Zammer is the present owner of The Flying Bridge and Coonamessett Inn in Falmouth and is the current manager of The Harbor Club, Inc. d/b/a Tugboats Hyannis, MA. Mr. Zammer formerly managed the Popponesset Inn, Shore Drive, Mashpee.
Attorney Gildea indicated that Mr. Hayes is TIP certified and well qualified to run the Starfish establishment. Prior to the opening of the subject premise in April, the applicant is expected to obtain inspections from applicable Town agencies and also conform to the requirements pertaining to the Night Club Security Act.
Correspondence was received from Fire Chief George Baker dated February 22, 2010 relative to outstanding issues with regards to the liquor/entertainment license application of Starfish. Chief Baker in his memorandum indicated he is not opposed to the Selectmen approving the license request pending the completion of the following outstanding issues;
1) Documentation of inflammability is required for the new interior finish/decorations.
2) Floor plan has yet to be submitted for review and final occupancy count.
3) A full site inspection is required.
APPOINTMENTS AND HEARINGS:
Public Hearing – Cape Cod Restaurants, Inc., d/b/a Starfish, Tyler P.Hayes, Manager – Application an Annual All Alcohol Restaurant License and Application for an Entertainment License: (continued)
The application of the subject premise of approximately 5,299 square feet of first floor and seasonal outside space in SouthCape Village requests a seating capacity of 125, and a total occupancy of 175. It was disclosed the Selectmen have the ability to increase the seating and total occupancy based upon the Building Commissioner’s approval.
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 Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve the application of Cape Cod Restaurants, Inc. d/b/a Starfish, Tyler P. Hayes, Manager for an Annual All Alcohol Restaurant License, 20 Joy Street Mashpee, SouthCape Village contingent upon the following stipulations as recommended by the Fire Chief;
1) Documentation of inflammability is needed for the new interior finish/decorations.
2) Floor plan has yet to be submitted for review and final occupancy count.
3) A full site inspection is required.
And, subject to the Building Commissioner’s approval to increase the total occupancy to 175 from 120.
The approval of the application of Cape Cod Restaurants, Inc. d/b/a Starfish includes Weekday Entertainment; dancing by patrons, recorded music, live, 3 musicians, no show.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Motion made by Selectman to approve the application of Cape Cod Restaurants, Inc. d/b/a Starfish 20 Joy Street, Mashpee to include Public Entertainment on Sunday; dancing by patrons, recorded music, live, 3 musicians, no show.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request for Approval – Mashpee High School Student Project – Creation of Trail from Ash Street to Shoestring Bay:
Rhiannon Maher 25 Devon Street, Mashpee was in attendance with several members of the Mashpee Wampanoag Tribal Youth Council to request the Selectmen support the creation of a trail from Town owned land at the end of Ash Street to Shoestring Bay. Ms. Maher explained this is her senior project. This project was selected after discovering the land had public access to the bay, but lacked a path to access Shoestring Bay. Entry to the bay will allow the public to swim, kayak and fish as they please.
In addition to creating the path, Ms. Maher requested the Selectmen’s consideration to name the path “Fast Turtles Run” in honor of her grandfather Russell “Fast Turtle” Peters, Sr. With the Board’s approval, Ms. Maher stated she would commence the work with volunteer support in the early spring as weather dictates.
It was noted the land was donated by Willowbend as a public access way to Shoestring Bay. The Conservation Agent and Director of Public Works are in support of the pathway. With the Selectmen’s approval, the DPW will mark the trail appropriately. The remainder of the work would be completed by Ms. Maher, students and volunteers.
Motion made by Selectman Cahalane to endorse the recommendation of Rhiannon Maher to create a trail from Town owned land at the end of Ash Street to Shoestring Bay, and name the path “Fast Turtles Run” in honor of Russell Peters, Sr.
Motion seconded by selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Preliminary Budget Review:
Joyce Mason, the Town Manager updated the Selectmen with respect to her preliminary budget proposal for fiscal year 2011. Mrs. Mason’s recommendations were outlined in a memorandum to the Board of Selectmen dated February 16, 2010. The proposed budget is reflective of a 6% reduction anticipated in State Aid, fixed cost increases and vacant positions. Key vacant positions include 4 in Police, 3 in Fire, 1 in DPW and 1 in Administration. Overall, general government spending is reflective of a $3.05% decrease from last year’s adjusted budget.
The Selectmen were not remiss in recognizing the efforts of the Department Heads in reducing their budgets. Many departments have reduced their budgets by more than 2% to alleviate the additional burden to the taxpayer. The budget requests of the Town Departments by line item were presented in MUNIS format to the Board from the Town Accountant for additional review.
Not reflected in the proposed budget is the potential Arbitration Award for the Patrolmen, and contract negotiations. The budget does not include $145,000 contained in the Capital Improvement Program (CIP) for the committed lease purchase vehicle program for the Police Department and $300,000 required for the budget overlay.
At this time, the School Committee has not officially submitted their budget request for FY2011. The Selectmen related concern that the School budget has not been submitted in a timely manner. Although it is not in writing, the Town Manager attending School budget committee discussions indicated the School Committee has identified the need for an additional $1.6 million to maintain current staffing and practices. Also, based on the Town Manager’s recommendation for a 2% overall budget reduction, the School Committee through a citizen petition, is seeking $450,000 from the Town’s Stabilization Account. The petition appears as Article 23 on the May 2010 Town Meeting warrant.
During this difficult economic climate, Mrs. Mason indicated she does not recommend an override. However, if there is no resolution with the School Committee, the Selectmen may want to consider a Proposition 2 ½ override to fund a level budget for the community.
The Selectmen agreed to review the MUNIS 2011 budget by line item at the next meeting. It was noted the Selectmen have scheduled a budget meeting with the Finance Committee on March 22, 2010 at 6:00 p.m.
Special & Annual Town Meeting Warrant – Draft #1:
The first draft of the Special and Annual Town Meeting warrant of Monday, May 3, 2010 was presented to the Selectmen for review.
With respect to petition Article #23, to appropriate $450,000 from the Stabilization Fund to the School Committee to offset budget reductions, the Selectmen agreed to request the School Committee Chair further explain the request for appropriation, as to how the funds are intended to be expended, and if funding were attained, what budget items would revert back to the School’s budget.
The warrant will be further reviewed by the Selectmen at their next meeting.
Mashpee VFW Post 5489 – Affordable Housing Proposal:
The Selectmen were in receipt of communication from the Mashpee VFW Post 5489 relative to an affordable housing proposal. The Board was receptive of the proposal to utilize the Town owned site of the future VFW post for affordable housing for veterans. It was agreed Town Counsel would forward a list of requirements necessary to move forward with the proposed project. The matter will be placed as a future agenda topic for further review.
Carbo’s Grille and Bar:
It was disclosed that Carbo’s Grille and Bar 681 Falmouth Road; Mashpee has recently closed its doors. Not having written notice, the Selectmen believe it may be the owners’ intention to re-establish the facility as a Mexican restaurant. It was agreed that a certified letter would be issued to the owner E. Riccardi with respect to this regard.
COMMUNICATIONS AND CORRESPONDENCE:
Operation Boss Lift - Fort Sill, Oklahoma:
Selectmen Richardson participated in a program which brought 30 Massachusetts employees to Fort Sill, Oklahoma to see what life is like for their employees who are training with the National Guard to serve in Iraq. The two-day trip was coordinated by the Employer Support of the Guard Reserve (ESGR). Soldiers with less than five years of cumulative service in the armed forces retain their jobs, seniority, pay and benefits while they are deployed.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
The Environmental Oversight Committee will be conducting review of the Santuit Pond draft in early March. Following review, a report will be submitted to the Board of Selectmen.
NEW BUSINESS:
Request for Street Abatement:
Correspondence was received from the Town Manager dated February 4, 2010 relative to a street abatement request requesting further review of two parcels owned by Mary L. Marsters identified as Map 28, Lot 67A and Map 28 Map 54C.
Upon further review, the Town Manager has determined that Map 28 Lot 67A does not have direct frontage on the improved roadway. To correct this, Mrs. Mason recommended the Selectmen vote to approve the street betterment abatement in the amount of $1,808.47 for Map 28, Lot 67A. Regarding Map 28, Lot 54C, the Town Manager recommended the Selectmen remain with their previous decision to deny the abatement request for this parcel. This determination was based on the opinion of Town Counsel that the applicant had failed to establish legal basis for entitlement to the abatement.
Motion made by Selectman Cook to approve the abatement of Map 28, Lot 67A, an assessment of $1,808.47 as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:36 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Richardson.
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
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