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January 22, 2007
AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 22, 2007

6:30 p.m. - Convene Meeting - Conference Room 1

        MINUTES

Approval of the following:

        Monday, January 8, 2007 Regular and Executive Sessions

APPOINTMENTS & HEARINGS
6:30    Public Comment
6:40    Public Hearing – Application of 25 Market Street, Inc., for Annual All Alcohol Restaurant License
7:00    Public Hearing (cont’d from 1/8/07) – Cayuga Avenue

COMMUNICATIONS & CORRESPONDENCE

1)      American Heart Association – Cape Cod Goes Red Campaign

OLD BUSINESS


NEW BUSINESS

1)      Request to Apply for Grant – Shellfish Constable
2)      Selection of Artwork for Annual Report
3)      Acceptance of Resignation and Appointment as Alternate – Affirmative Action Committee
4)      Recommendation for Appointment - Constable
5)      Request for Leave – Leisure Services Department

MMR ISSUES


BLUE RIBBON COMMITTEE UPDATE


EXECUTIVE SESSION


Board of Selectmen
Minutes
January 22, 2007

Present:        Selectman Taylor, Selectman Cook, Selectman Cahalane,
                Selectman Myers, Selectman Green
                Town Manager Joyce Mason
                Assistant Town Manager Renè Read

                Meeting Called to Order by Chairman Taylor at 6:30 p.m.
                Town Hall, Conference Room #1

                MINUTES:

                January 8, 2007 Regular and Executive Session:

                Motion made by Selectman Myers to approve the Regular and
                Executive Session minutes of Monday, January 8, 2007 as presented.
                Motion seconded by Selectman Cahalane.
                VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

                Public Comment: None at this time.

                COMMUNICATIONS AND CORRESPONDENCE:

                American Heart Association – Cape Cod Goes Red Campaign:

Correspondence was received from Melinda Gallant, Division Director of the American Heart Association (AHA) dated December 5, 2006 relative to the Cape Goes Red 2007 event, a women’s health initiative.

Since 1963, the month of February has been designated as National Heart Month.  To help raise community awareness of cardiovascular disease, Friday, February 2, 2007 has been selected as the AHA “National Wear Red Day for Women” Day.  During the weeks of February 2 – 15, 2007, the goal is to light up the Cape in red.  Monuments, buildings and historical sites across the Cape will be display a bright spotlight on the need for education and awareness about women’s risk for cardiovascular disease.

The Board of Selectmen was in support of the campaign efforts and to include the Town of Mashpee as a community partner in these efforts.

                Habitat for Humanity – New Home on Quashnet Road:

Selectmen Green announced his attendance at the recent Habitat for Humanity ceremony for the newly constructed affordable home built on Quashnet Road, a Town donated lot.  Community Preservation Act funding assisted with funding for the single-family home.  It was noted the Habitat depends on volunteer labor in virtually every aspect of its operations.  Each Habitat home is deed restricted to be affordable in perpetuity, thereby permanently adding to a town’s affordable housing resources and official affordable housing inventory.

Tribal Council Update:

It was disclosed the Selectmen have not received a response to date regarding requests to meet with the Mashpee Wampanoag Indian Tribal Council.

NEW BUSINESS:

Request to Apply for Grant – Shellfish Constable:

Richard York, Shellfish Constable was in attendance to request the Selectmen support a Letter of Intent to the Cape Cod Economic Development Council for a proposal to fund more oyster seed to remove nitrogen from the Mashpee River and to enhance economic development needs by creating a commercial oyster fishery.

The $25,000 proposal would allow the Shellfish Department to purchase 3 million oyster seed and support the purchase of additional materials for growing purposes.  It was noted the department intends on purchasing 1 million oyster seed this summer with funds derived from shellfish permit fees.  In two years, a minimum of 2 million oysters is anticipated to be harvested from the 4 million small seed.  Benefits to the local economy were also discussed.

Information based on the analysis of oysters targets the harvest of 2 million oysters to remove approximately 1,000 kilograms of nitrogen from the river.   This would be 20% of the target of 5,000 kg of nitrogen per year removal needed to clean-up the Mashpee River.

Motion made by Selectman Myers to approve the request of the Shellfish Constable to submit a Letter of Intent to the Cape Cod Economic Development council for $25,000 to fund oyster seed to support the economic development needs of the Town.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

APPOINTMENTS AND HEARINGS:

Public Hearing – Application of 25 Market Street, Inc., for Annual All Alcohol Restaurant License:

Selectman Cook stepped down for the above referenced agenda topic of discussion.

The Board of Selectman acting as the Licensing Board for the Town of Mashpee opened the Public Hearing on the application of 25 Market Street, Inc., John Reid, Jr., Manager, for an All Alcohol Restaurant License.  The property is described as: 1st floor: 1,160 sf, kitchen, bar, dining area, 2 entrance/exit, lavatory; 32 dining area seats, 15 bar stools, 20 standees (650 sf).  2nd floor: 401 sf, kitchen, lavatory, 1 entrance/exit.  Patio: 940 sf, 60 seats.  The Hearing notice was read aloud in accordance with posting requirements.

John Reid, Manager was in attendance with his counsel, Robert Mills to discuss the license application.  Notification to abutters as required via certified mail and a check to the Town for processing fees was presented at the hearing.  The site is noted as the former location of Café de la Terre.  

The application was requested by the applicant to be amended to reflect the intended name of the establishment; 25 Market Street d/b/a Café Trevi.

Mr. Reid is the noted owner of the Chapoquoit Grill in West Falmouth and has had former ownership and experience with similar all alcohol restaurant establishments on the Cape disclosed as the Mashnee Island Beach Club, Trabica and the Nimrod Restaurant.

Mr. Reid indicated that he intends to serve lunch and dinner at Café Trevi in a casual, relaxed atmosphere to be considered as a meeting place for the Mashpee community.  

Discussion followed regarding Café de la Terre, the past license holder and difficulties as it relates to outdoor dining at the subject site location.  It was agreed the applicant would develop a solution to control the outside dining area to further delineate and restrict egress from the outside patio prior to the upcoming outdoor dining season.

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 Green.
VOTE:  Unanimous.  4-0.
Selectman Cook absent.

Motion made by Selectman Cahalane to issue an All Alcohol Restaurant License to 25 Market Street, Inc., d/b/a Café Trevi, John Reid, Jr., Manager.  The applicant is also requested to present a solution to the Selectmen for control of the outside dining area prior to the upcoming outdoor dining season.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.
Selectman Cook absent.

NEW BUSINESS:

Selection of Artwork for Annual Report:

Artwork for the Town’s Annual Report has been submitted by students of the Mashpee Public Schools for the Selectmen’s review and consideration.  Judging will be conducted within the next few weeks.  Finalists will be selected by the Board of Selectmen at the next scheduled meeting.

Acceptance of Resignation and Appointment as Alternate – Affirmative Action Committee:

Affirmative Action Committee member Katherine Brown remitted correspondence to the Board dated December 28, 2006 indicating that she would like to step down as a regular Affirmative Action Committee member and be considered as an alternate.

Motion made by Selectman Cahalane to approve the resignation of Katherine Brown as a regular member of the Affirmative Action Committee, and change her appointment status to alternate.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Recommendation for Appointment – Constable:

Lyle Robert Hasley, the Police Chief’s recommended candidate for appointment as Constable was in attendance to discuss his application before the Selectmen for appointment.  Mr. Hasley is a Mashpee resident and expressed willingness to carry out the duties as Constable.

Motion made by Selectman Cook to appoint Lyle Robert Hasley as Constable in the Town of Mashpee.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Request for Leave – Leisure Services Department:

The Selectmen were in receipt of a request from Heidi McLaughlin, Program Supervisor of the Leisure Services Department dated January 9, 2007 for Family Medical Leave (FMLA) effective January 12, 2007.

Motion made by Selectman Cahalane to approve the maternity leave of Heidi McLaughlin to run concurrent with FMLA for twelve weeks effective January 12, 2007.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

                COMMUNICATIONS AND CORRESPONDENCE:

                MMA Annual Conference Update:

Governor Deval Patrick spoke at the Massachusetts Municipal Association (MMA) meeting earlier this month and cautioned municipalities to expect a modest increase in local aid next year.  The MMA is proposing a local option meal tax and a rental/room tax as a local initiative to generate additional revenue to cities and towns.  The Governor is considering the potential for gaming as a key source of municipal revenue.  Improving town and school relationships was also a focus of conference discussions.

APPOINTMENTS AND HEARINGS:

Public Hearing – (cont’d from 1/8/07) - Cayuga Avenue:

The Board of Selectmen opened the Public Hearing continued from Monday, January 8, 2007 on the private to public road conversion of Cayuga Avenue.  As shown on plans entitled “Easement Taking and layout Plan of Cayuga Avenue” prepared by Eagle Surveying, Inc., dated September 11, 2006.

The Hearing notice was read aloud in accordance to posting procedures and requirements.  It was noted the Hearing was continued to verify information relative to the correct number of abutters who would share the burden of betterment costs.  The original list of abutters was 42.  The actual list of abutters is 36.

A revised betterment cost estimate to be borne by 36 property owners is $7,906.06.  This is the maximum allowable charge by the Town for this betterment.

A second petition as required for Town Meeting was presented to the Selectmen containing 21 signatures in support of the private to public road conversion.

The Hearing was opened to solicit comment.  James Mahoney 30 Cayuga Avenue stated that he is not in favor of the conversion.  He noted that Mary Mahoney of the same address does not support the taking.  Mr. Mahoney stated that his neighbor, Carlos Leitao, a summer resident of 31 Cayuga is also not in favor the taking.

Being no further comment, the Board motioned to close the Public Hearing.

Motion made by Selectman Cook to close the Public Hearing on the private to public road conversion of Cayuga Avenue.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

If the second petition and related 21 signatures are certified, an article would be placed on the May 2007 Town Meeting warrant for the Cayuga Avenue road conversion.

Adjournment:

Motion made by Selectman Cook to adjourn at 7:08 p.m.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

                                        Respectfully submitted,

                                        Kathleen M. Soares
                                        Secretary to the Board of Selectmen