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March 22, 2010
AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 22, 2010

6:00 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall

MINUTES

Approval of the following:
        Monday, March 8, 2010 Regular Session

APPOINTMENTS & HEARINGS

6:00    Public Comment
        Joint Meeting – Finance Committee
Town Meeting Warrant Review & Execution
7:00    Public Hearing – Seasonal Liquor License Renewals
        Seasonal Population
7:10    Public Hearing – Capital Improvement Program

COMMUNICATIONS & CORRESPONDENCE

OLD BUSINESS

1)      Transfer Station – Pay as You Throw

NEW BUSINESS
        
1)      Request to Fill Vacancy – Department of Public Works – Maintainer I
2)      Request to Fill Vacancy – Administrative Secretary – Zoning Board of Appeals
3)      Request to Increase Transfer Station Fees
4)      Request of Boston College Alumni Association – One-Day Permit
5)      Request of Cape Cod Rowing, Inc. – Youth Rowing Race on May 2, 2010
6)      Request from Joyce Lyons, Owner, Picnic Box – BYOB
7)      Acceptance of Resignation – Design Review Committee
8)      May Town Meeting – Ballot Question

MMR ISSUES

ENVIRONMENTAL OVERSIGHT COMMITTEE

EXECUTIVE SESSION

Board of Selectmen
Minutes
March 22, 2010

Present:        Selectman Myers, Selectman Cook, Selectman Cahalane,
                Selectman Taylor, Selectman Richardson
                Town Manager Joyce Mason

                Meeting Called to Order by Vice-Chairman Cook at 6:00 p.m.
                Town Hall, Conference Room #1

                MINUTES:

                Monday, March 8, 2010 Regular Session:

                Motion made by Selectman Cahalane to approve the Regular
                Session minutes of Monday, March 8, 2010 as presented.
                Motion seconded by Selectman Richardson.
                VOTE:  Unanimous.  4-0.
                Selectman Myers was absent for the vote.

                APPOINTMENTS AND HEARINGS:

                Public Comment: None at this time.

                NEW BUSINESS:

                Request of Boston College Alumni Association – One-Day Permit:

Robert Huber was in attendance on behalf of the Boston College Alumni Association requesting the Selectmen approve a one-day beer and wine license on Friday April 23, 2010 at the Christ the King function hall.  The social event is scheduled to be attended by 90 – 100 alumni members between the hours of 12:00 p.m. and 4:00 p.m.  The alumni event will include a luncheon and a guest speaker.

Motion made by Selectman Cahalane to approve the request of the Boston College Alumni Association for One-Day Liquor License; beer and wine only on April 23, 2010 as referenced.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  4-0.
Selectman Myers was absent for the vote.

                Request to Fill Vacancy – Department of Public Works – Maintainer I:

Correspondence was received from the DPW Director dated March 17, 2010 requesting the Selectmen fill an unexpected vacancy created in the Department of Public Works.  Not filling this vacancy will significantly impact the daily operations of the DPW.  It was noted in fiscal year 2011; the DPW will not be filling seasonal positions due to budgetary constraints.

Motion made by Selectman Richardson to fill the unexpected vacancy in the DPW as an exception to the hiring freeze, and approve the position of DPW Maintainer I at Step 1 of the intended pay scale.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  4-0.
Selectman Myers was absent for the vote.

Selectman Myers present:

Request to Fill Vacancy – Administrative Secretary – Zoning Board of Appeals:

Joyce Mason, the Town Manager remitted communication to the Selectmen dated March 18, 2010 requesting the Selectmen move forward with filling the position of Administrative Secretary to the Zoning Board of Appeals.  The position has been vacant for some time.  The ZBA is a regulatory board, and it is necessary for administrative support to handle the day-to-day operations of the zoning board.  It was noted the 37.5 hour position requires secretarial support at the ZBA meetings which is included in the new job description.

With the hiring of an administrative secretary, a cost savings would be realized as the previous employee held the position of administrative assistant.  Under the new reorganization, the position was restructured to have direct supervision under the Building Commissioner.

Motion made by Selectman Cook to approve the hiring of an Administrative Secretary to the Zoning Board of Appeals for this important regulatory department.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

                Joint Meeting – Finance Committee:
                Town Meeting Warrant Review & Execution:

The Board of Selectmen met jointly with members of the Finance Committee for the purpose of reviewing the May 3, 2010 Special and Annual Town Meeting Warrants.

Finance Committee members in attendance included; Sandra Lindsey, Oskar Klenert, and Christopher Avis.  It was disclosed the Finance Committee previously voted their recommendations which appeared on the draft warrant under consideration by the Board of Selectmen.  The Board of Selectmen deliberated as follows;

Special Town Meeting Warrant:

Article #1:     $129,910 from the Ambulance Receipts Account to the
Fire Salary/Wage Account to fund the Firefighter’s Contract.  The balance $88,000 will be funded with existing funds from the FY2010 Fire Salary/Wage Account.
Total appropriation: $217,910.

Motion made by Selectman Cahalane to approve Article #1 of the Special Town Meeting warrant as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #1 by a unanimous vote.

Article #2:     $122,877 to fund the Patrolmen’s Contract using $40,000 from the Selectmen’s Salary/Wage Account and $82,877 from Free Cash.  $50,000 will be funded using existing funds from the FY2010 Police Salary/Wage Account.  Total appropriation: $172,877.

Motion made by Selectman Cahalane to approve Article #2 of the Special Town Meeting warrant as presented.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #2 by a unanimous vote.

                Special Town Meeting Warrant:

                Article #3:     $53,000 from the DPW Salary/Wage Account to the
Snow & Ice Account to fund a deficit in the Snow & Ice Account.

Motion made by Selectman Cahalane to approve Article #3 of the Special Town Meeting warrant as presented.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #3 by a unanimous vote.

Article #4:     $145,729 from the Health Insurance Account to the Unemployment Account to fund unemployment claims that exceeded the budget.    
Motion made by Selectman Cook to approve Article #4 of the Special Town Meeting warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #4 by a unanimous vote.

Article #5:     $239,070 from the Waterways Improvement Fund Account to the Waterways Maintenance Account.  The explanation of the article was improved by adding the expenses by line item.  To date, the availability of actual funds is not known.

Motion made by Selectman Taylor to defer action on Article #5 to the May Special Town Meeting.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

As funding becomes available, it was agreed the line items would reflect the true appropriations or possible lack of funds in the event of budgetary constraints.

The Finance Committee voted to defer action on Article #5.

                Special Town Meeting Warrant:

Article #6:     $75,000 from Community Preservation Act Funds to Habitat for Humanity of Cape Cod.  To assist in the funding of (3) affordable home construction projects located at 67 Fox Hill Road, 19 Lakewood Drive and 38-44 Timberlane Drive; $25,000 per home.

Motion made by Selectman Cook to approve Article #6 of the Special Town Meeting warrant as presented.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #6 by a unanimous vote.

Motion made by Selectman Cook to approve and execute the May 3, 2010 Special Town Meeting warrant.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

Annual Town Meeting Warrant:

Article #1:     To accept the 2009 Annual Town Report.

Motion made by Selectman Cook to approve Article #1 of the Annual Town Meeting warrant as presented.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #1 by a unanimous vote.

                Article #2:     To fund the annual operating budgets for various
                                Town Departments.

It was disclosed the School Committee voted on this date to request for fiscal year 2011, a budget of $18,264,433 that was noted to be the School Department’s agreed upon budget figure from the onset of budget deliberations.  In response, the Finance Committee Chair indicated they had no idea this was the School Committee’s agreed upon budget, and the lack of communication in this tight economy is deemed rather insulting to the Finance Committee as they have been diligently working on the budget for several months.  The budget request is now consistent with the recommendation of the Town Manager and Finance Committee for FY2011, the figure was noted to include approximately $300,000 in prepayments for FY11.  There was also concern the budget was not submitted in a timely fashion as with other Town departments.  In the future, it was agreed that all department budget requests should be placed in writing to the Town Manager and in MUNIS format on or before the scheduled due date.  In accordance with the mandates of the Town Charter, budget requests for the May warrant should be submitted to the Town Manager in early October.

There was also concern with respect to the petition article on the May warrant requesting $450,000 from stabilization funding to offset the School budget.  It was agreed the process for petition articles would be further reviewed by the Board of Selectmen.

At the last meeting, it was suggested that all paid board positions contained in the FY2011 appropriation be reduced to $1.00 per person subject to not having any adverse effects on Town employment and/or benefits.  Upon consideration of this matter, it was agreed the Selectmen would not act on the recommendation at this time.

                Motion made by Selectman Cook to approve Article #2 of the Annual
                Town Meeting warrant as presented.
                Motion seconded by Selectman Taylor.
                VOTE:  Unanimous.  5-0.

                Annual Town Meeting Warrant:

                Article #3:     The FY2011 Capital Improvement Program Budget (CIP).
                                The article voted by the CIP Committee earmarks funding
$145,000 from Free Cash to allow for the continuation of the lease/purchase of police vehicles; 10 vehicles (year 3 of 3) and 4 vehicles (year 2 of 3) The article also contains a phone system upgrade Town-wide, $230,264 funded by the Mashpee Cable and Advanced Technology board and $37,500 from the Overlay Surplus Account to be released by the Board of Assessors for (5) new voting machines.
                
Motion made by Selectman Cook to approve Article #3 of the Annual Town Meeting warrant as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #3 by a unanimous vote.

Article #4:     To approve the annual school district budget of the Cape Cod Regional Technical High School District for the fiscal year beginning July 1, 2010 in the amount of $12,463,448, and appropriate $886,926 to meet Mashpee’s share of the budget.  There are 62 students from Mashpee attending the school.  The budget is reflective of a 1.73% increase from last year.

Motion made by Selectman Cahalane to defer action on Article #4 to the May Town Meeting.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee voted to defer action on Article #4.

                Annual Town Meeting Warrant:

Article #5:     $460,000 to provide for road improvements under the Chapter 90 program, funds will be reimbursed 100% by the Commonwealth.

Motion made by Selectman Cook to approve Article #5 of the Annual Town Meeting warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

Article #6:     $45,000 from the Community Preservation Fund Budgeted Reserve Account to the Community Preservation Act Committee Administrative and Operating Expense Account to fund secretarial support, legal and technical fees, costs associated to the repair of the Santuit Pond Dam, Community Preservation Coalition dues, signage and other project costs associated to and incidental to the Community Preservation Act Committee.  Up to 5% of the annual CPA funds may be spent on the operation and administration costs of the Community Preservation Committee.  Funding would derive from the CPA’s Budgeted Reserve Account.

Motion made by Selectman Richardson to approve Article #6 of the Annual Town Meeting warrant with an increased explanation.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee deferred action on Article #6.

Annual Town Meeting Warrant:

Article #7:     $289,820 for the operation of the Kids Klub Enterprise Fund for FY2011, a self-sufficient, self-funded operation.

Motion made by Selectman Cook to approve Article #7 of the Annual Town Meeting Warrant as presented.    
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #7 by a unanimous vote.

Article #8:     To re-authorize the Council on Aging Revolving Account, and to establish the limit on expenditures to $15,000.          
Motion made by Selectman Cook to approve Article #8 of the Annual Town Meeting Warrant as presented.    
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #8 by a unanimous vote.

Article #9:     To amend the bylaw to change the membership of the Affordable Housing Committee from (9) to (5) members.

Motion made by Selectman Richardson to strongly approve Article #9 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #9 by a unanimous vote.

Annual Town Meeting Warrant:

Article #10:    To authorize the Board of Selectmen to sell, through auction, properties received through tax foreclosure.  This action will return the properties to the tax roles thus increasing the Town’s revenue stream.  The language of the article is expected to be modified by Town Counsel with respect to the intended use of said funds.

Motion made by Selectman Cook to approve Article #10 of the Annual Town Meeting Warrant with modifications.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #10 by a unanimous vote.

Article #11:    To transfer title to three parcels at 9 Park Place Way, 6 Park Place Way and 10 Tri-Town Circle previously taken for non-payment of taxes, to persons or agencies that would construct affordable homes or apartments, to be permanently restricted for use as affordable housing.

Motion made by Selectman Cook to approve Article #10 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #11 by a unanimous vote.

Petition Articles:
Article #12:    To prepare a plan laying out and defining all of Taurus Drive and the partial layout of Polaris Drive; $5,000 to the Great Hay Estates Roadways Account.

Motion made by Selectman Cook to support Petition Article #12 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Article #12 by a unanimous vote.

Annual Town Meeting Warrant – Petition Articles:

Article #13:    To allow (1) school bus, which must be used to transport Mashpee students, to be parked on a regular basis, including overnight, at any residential or other property in Mashpee.

        With respect to the article, the Board agreed the Town Planner should be involved in zoning amendments.  It was agreed Town Counsel would address this article on Town Meeting floor.

Motion made by Selectman Cook to not support Petition Article #13 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

The Finance Committee voted 4-1 to not take a position on Petition Article #13.

Article #14:    To amend the zoning to C-2 Commercial, from R-3 Residential on a 1.3 acre house lot surrounded on two of its sides by developed commercial and industrial zoned land (Trinity Place and the former Augat building).
        
As with any zoning changes, the Selectmen agreed the process should go though the proper channels.

A motion to not support the article was made which lacked a second vote to continue deliberations.

Motion made by Selectman Taylor to take no position on Petition Article #14 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE:  4-1.  Motion carries.
Selectman Cook in opposition.

The Finance Committee voted 4-1 to not take a position on Petition Article #14.

Annual Town Meeting Warrant:

Article #15:    To prepare a plan laying out and defining roads within The South Cape Civic Association, Inc., $5,000 for appropriation.

Motion made by Selectman Cook to support Petition Article #15 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Petition Article #15 by a unanimous vote.

Article #16:    To see if the Town will vote to direct legislative representatives to vote no on any more funding for the wars in Iraq and Afghanistan, and to work for the speedy withdrawal of all troops from those countries.

        The Selectmen agreed the petition article with its explanation for Town Meeting lacks the proper forum.

Motion made by Selectman Cook to defeat Petition Article #16 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

The Finance Committee by vote of 4-1 recommended defeat of Petition Article #16.

Article #17:    To accept the layout of Horseshoe Bend Way as a public way, to appropriate $227,834 to the Horseshoe Bend Way Roadways Account.

Motion made by Selectman Taylor to support Petition Article #16 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.
The Finance Committee approved Petition Article #17 by a unanimous vote.

Article #18:    To accept the layout as public ways; Dover Road, Oxfordshire Place, Windermere Way, Kings Court, Cransbourne Circle and Nancy Lane, to appropriate $267,066 to the Highlands Roadways Account.

Motion made by Selectman Taylor to support Petition Article #18 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee approved Petition Article #17 by a unanimous vote.

Article #19:    To acquire by purchase, the Dacey Properties; $5,619,300; 16 parcels consisting of approximately 38 acres.

        It was agreed the Town lacks the funding mechanism to purchase the referenced property.

Motion made by Selectman Cahalane to deny Petition Article #18 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee by unanimous vote recommended the defeat of Petition Article #19.

Article #20:    To accept the layout of Snead Drive, Miller Circle, Nelson Circle, Hogan Drive, Great Hay Road, Player Circle, and Palmer Road as public ways, $264,172 to the Quashnet Valley Estates Account.

Motion made by Selectman Taylor to support Petition Article #20 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee by unanimous vote recommended approval of Petition Article #20.

Annual Town Meeting Warrant:

Article #21:    To appropriate $450,000 from the Stabilization Fund to the School Committee to offset budget reductions.

        The Board of Selectmen reiterated their concern to this article and the use of stabilization funds which are traditionally used for extraordinary and unforeseen expenditures.  As with previous boards of selectmen, the sum of $3.1 million was to be earmarked for stabilization for the referenced purposes.  The Town’s bond rating is heavily reliant on the percentage of funds contained within stabilization.  There was concern with regards to the new Library and the possibility of increased interest rates if the stabilization fund were reduced.  The burden of the debt over the next ten years was also discussed.

        To date, the School Committee has not itemized the intended use and purpose of the need for the stabilization funds.

        It was agreed the Town Manager would draft an explanation of the ramifications to discuss prior to the article being moved on Town Meeting floor.

        In concern, the Finance Committee indicated they would also make a presentation prior to the moving of the article on Town Meeting floor.

Motion made by Selectman Taylor to not support Petition Article #21 of the Annual Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The Finance Committee deferred action on Petition Article #21.

APPOINTMENTS AND HEARINGS:

Town Meeting Warrant Execution:

Motion made by Selectman Taylor to approve and execute the Annual Town Meeting Warrant of Monday, May 3, 2010 with the modifications agreed upon.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

NEW BUSINESS:

Request to Increase Transfer Station Fees:

Catherine Laurent, Director of Public Works was in attendance to recommend the Selectmen increase the household Transfer Station permit fee to $90.  The current fee, $85 funds approximately 40% of the operational budget.  If the same percentage were maintained in FY2011, it is necessary for the fee to be increased to $90 per permit.  If the users were to fund 100% of the cost, the fee would need to be $165.

Permit fees from comparable towns were included in the justification for the fee increase.  Mashpee’s fee of $90 is significantly less than similar Cape towns.  The fee structure and funding sources for the FY2011 Transfer Station budget were included in the memorandum from Ms. Laurent to the Board dated March 17, 2010.

Motion made by Selectmen Cahalane to increase the household Transfer Station permit fee to $90 to maintain the status quo for fiscal year 2011.
Motion seconded by Selectman Cook.
VOTE:  3-2.  Motion carries.
Selectman Myers, Selectman Taylor in opposition.

Public Hearing – Seasonal Liquor License Renewals:

Selectman Taylor stepped down for the above referenced agenda topic.

The Board of Selectmen, acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the renewal of all seasonal liquor licenses in the Town of Mashpee.  The Hearing notice was read aloud in accordance with posting procedures.

Correspondence was received from Kathleen Moore; Administrative Assistant dated March 18, 2010 advising the Board of the following;

Cooke’s has met all fee, tax, and inspection requirements.
Marketplace Café has met all fee, tax, and inspection requirements.
Raw Bar has met all fee, tax and inspection requirements.
The Country Store has met fee and tax requirements and is in the process of scheduling its annual inspection.

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.  4-0.
Selectman Taylor abstained.

Motion made by Selectman Cahalane to approve the Seasonal All Alcohol Restaurant License of;
Azzaro Mashpee, Inc., d/b/a Cooke’s
L.N.R.R. Corporation d/b/a Marketplace Café w/ Entertainment License
Raw Bar, Inc., d/b/a Popponesset Marketplace w/ Entertainment License to include Sunday Public Entertainment
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.
Selectman Taylor abstained.

Motion made by Selectman Cahalane to approve the Seasonal All Alcohol Package Store License of Kassandra Bucuvalas d/b/a The Country Store based upon the favorable results of the inspection.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  4-0.
Selectman Taylor abstained.

APPOINTMENTS AND HEARINGS:

Seasonal Population.

Correspondence was received from the Town Planner dated February 22, 2010 regarding the “overnight” July 10, 2010 population estimate for submission to the Alcoholic Beverages Control Commission.  The Planning Department estimate is 31,247 persons.

Motion made by Selectman Cahalane to approve the summer population projection of 31,247 for July 10, 2010 as estimated.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

With the completion of the 2010 census, the Town Planner will be requested to update his basis for the summer population.

NEW BUSINESS:

Request of Cape Cod Rowing, Inc. – Youth Rowing Race on May 2, 2010:

Brett Fournier representing Cape Cod Rowing was in attendance to request the Selectmen approve a rowing regatta on Sunday, May 2, 2010 at John’s Pond.  The successful event was held in Mashpee last year with nine schools from Massachusetts participating.  This year, the regatta is expected to follow the same format.  The beach would be used all day on Sunday, until late afternoon.  A certification of insurance and other responsible requirements would be assumed by the Rowing organization.  The event was held last season without incident.

Motion made by Selectman Cook to approve the request of the Cape Cod Rowing, Inc. to use John’s Pond for a rowing regatta on Sunday May 2, 2010 as referenced.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

NEW BUSINESS:

Request from Joyce Lyons, Owner, Picnic Box – BYOB:

Selectmen Taylor stepped down for the above referenced agenda topic of discussion.

Joyce Lyons, owner and operator of the Picnic Box was present with her son, Tom Lyons to request permission to advertise and allow patrons to bring their own alcoholic beverages to the establishment during the hours of 5:00 p.m. to 9:00 p.m.  During this time, the restaurant will sell sushi and sashimi.

It was noted the Board of Health approved the added operation of the restaurant business under their Food Establishment License.  The Picnic Box does not have a liquor license.

The Selectmen asked Mr. Lyons why he did not pursue a regular liquor license.  His response was that it was a new idea, and it is the priority of the food facility to serve fresh fish, and soup, etc. to its patrons.  It was noted the drinking of alcoholic beverages would be contained inside the building at the subject premise.

If an establishment does not have a liquor license, they must verify with the city or town in which the establishment is located to learn if there is any local law dealing with the bringing of one’s own beer, wine or other alcoholic beverage onto an establishment for personal consumption.

There is no ordinance in place in the Town of Mashpee for the Selectmen to prohibit an establishment to allow their patrons to bring their own alcoholic beverages to the food establishment.

As a result, the Board of Selectmen did not take any action regarding this proposal.

Public Hearing – Capital Improvement Program:

The Board of Selectmen opened the Public Hearing in conjunction with the Capital Improvement Program (CIP) Committee on the proposed Capital Improvement Plan for FY2011.

The Hearing notice was read into the record.  CIP Committee members in attendance were Joyce Mason, Theresa Cook and Nancy Jo Goulart.

Due to budgetary constraints, the Capital Improvement Program Committee has recommended a limited CIP budget for FY2011 consisting of the continuation of the lease/purchase of police vehicles; $145,000 as obligated under the CIP program funding year 3 of 3, $105,000 (10) police vehicles and year 2 of 3, $40,000 (4) unmarked police vehicles approved in FY08.  The article will be funded using Free Cash.

The CIP Program also includes a Town-wide phone system upgrade for all Town and School phone systems.  The sum of $230,264 is earmarked for funding from the Mashpee Cable and Advanced Technology (MCAT) Board.  With the use of Overlay Surplus funds; $37,500 is expected to be released from the Board of Assessors to support the capital purchase under the CIP Program to fund 5 new voting machines.  The total Capital Improvement Program budget for FY2011 is $412,764.

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 Cahalane to approve the FY2011 Capital Improvement Program budget in the amount of $412,764 as defined.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

In other business, the CIP Committee voted to approve past minutes.
Motion made by Mrs. Goulart to approve the CIP Minutes of Thursday, March 4, 2010 as presented.
Motion seconded by Mrs. Cook.
VOTE:  Unanimous.  3-0.

The CIP Committee adjourned their meeting at 7:15 p.m.

NEW BUSINESS:

May Town Meeting – Ballot Question:

Motion made by Selectman Cahalane to place the above referenced agenda topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

At their last meeting, the Board of Selectmen voted to place a non-binding referendum question on the May 2010 Election Ballot regarding the purpose of the Town’s Stabilization Fund.

For the Selectmen’s review was a draft Ballot question prepared by Town Counsel for additional consideration.

This question is non-binding.  Shall the Town limit the purpose for which the Stabilization Fund may be appropriated to extraordinary and unanticipated expenses of the Town, including funding of unanticipated capital needs.

Explanation: This question seeks public policy input from the voters of the Town on the scope of use of the Town’s Stabilization Fund.  Currently, the Stabilization Funds may be appropriated by Town Meeting for “any lawful purpose”; however, pursuant to G.L.c. 40§5B, the Town Meeting may vote to alter or otherwise specify the purpose(s) for which the stabilization fund may be use.

The Selectmen agreed to accept the Ballot question, with an improved explanation regarding the specific uses of the stabilization fund.

Motion made by Selectman Taylor to accept the above referenced question for the May 2010 Election Ballot, adding a modification of the explanation.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.


NEW BUSINESS:

Acceptance of Resignation – Design Review Committee:

Correspondence was received from Walter Yarosh dated March 15, 2010 resigning from the Design Review Committee effective April 1, 2010.

Motion made by Selectman Taylor to accept with regret, the resignation of Walter Yarosh from the Design Review Committee.
Motion seconded by Selectman Richardson.
VOTE:  Unanimous.  5-0.

It was agreed a letter of gratitude would be remitted to Mr. Yarosh for his dedicated service to the Town of Mashpee.

OLD BUSINESS:

Transfer Station – Pay as You Throw:

At the last meeting, the Board of Selectmen discussed in detail, the Pay as You Throw (PAYT) program.  It was agreed the Town would continue efforts to educate the public on the benefits of recycling and further review aspects related to the PAYT and in particular, a commercial PAYT program.

More communities are participating in the PAYT in conjunction with the single stream recycling program.  Users have the ability to control their disposal costs by recycling.

ENVIRONMENTAL OVERSIGHT COMMITTEE:

Results of the Santuit Pond Study will be reviewed by the EOC at their April 8th meeting.

Adjournment:

Motion made by Selectman Cook to adjourn at 7:29 p.m.
The Board will enter into Executive Session for the purpose of discussing pending litigation.  The Board will not reconvene in Open Session.
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