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April 23, 2007
AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 23, 2007


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

        MINUTES

Approval of the following:
        Monday, April 9, 2007 Regular and Executive Sessions

APPOINTMENTS & HEARINGS
6:30    Public Comment
        Margarete Maillho – Christmas Parade Planning Update
6:50    Cape Cod Rowing Club – Request to Hold Rowing Event
7:00    Public Hearing – Application for Limousine Service License –
        Cape and Islands Limousine, Inc., Donald J. MacEachern
7:10    Public Hearing – Application for Annual All Alcohol Restaurant License
        - H&M LLC, d/b/a Heather

COMMUNICATIONS & CORRESPONDENCE

1)      Correspondence from Steven Ball - Board of Health Member

OLD BUSINESS

1)      Recommendation for Appointment – Cape Cod Regional Solid Waste Contract Committee

NEW BUSINESS

1)      Mashpee Wampanoag Rod & Gun Club – Application for One-Day License
2)      Recommendation for Acceptance of Bids – Annual DPW
3)      Review and Execution - Discharge of Property
4)      Review and Execution – Easement to Verizon for Service to Cape Cod Free Clinic
5)      Recommendation for Award of Contract for Generator at Police Station

MMR ISSUES

BLUE RIBBON COMMITTEE UPDATE

EXECUTIVE SESSION


Board of Selectmen
Minutes
April 23, 2007

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

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

                MINUTES:

                Monday, April 9, 2007 Regular and Executive Sessions:

                Motion made by Selectman Myers to approve the Regular and
                Executive Session minutes of Monday, April 9, 2007 as presented.
                Motion seconded by Selectman Green.
                VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

                Public Comment:

                Margarete Maillho – Christmas Parade Planning Update:

                Margarete Maillho and Kevin Shackett were in attendance to request
                permission from the Board of Selectmen to schedule the second annual
Christmas parade on Saturday, December 8, 2007.  With the Town’s support, fundraising initiatives will commence to support the parade initiative.

Motion made by Selectman Cahalane to support the Town of Mashpee second annual Christmas Parade.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

COMMUNICATIONS AND CORRESPONDENCE:

Correspondence from Steven Ball – Board of Health Member:

Steven Ball notified the Selectmen in a memorandum dated April 12, 2007 that he would not be seeking another term on the Board of Health.  Mr. Ball’s three-year term will expire on June 30, 2007.  The Selectmen agreed to submit a letter or recognition to Mr. Ball for his dedicated service to the Town of Mashpee and move forward with the advertisement process to fill the position vacancy.

OLD BUSINESS:

Recommendation for Appointment – Cape Cod Regional Solid Waste Contract Committee:

The Selectmen placed the appointment to the Cape Cod Regional Solid Waste Contract Committee on hold at their last meeting for additional clarification regarding the Town’s representative and the number of communities participating.  

The Selectmen previously voted to designate Catherine Laurent as Mashpee’s representative since she has a comprehensive understanding of the SEMASS operation.  It was confirmed that Ms. Laurent would be able to serve as Mashpee’s envoy.  It was also noted that all of the Cape towns have expressed an interest in participating in the committee to review issues associated to the Cape’s existing contract with SEMASS.

COMMUNICATION AND CORRESPONDENCE:

Cape Paper Recycling Campaign:

Correspondence was received from Catherine Laurent dated April 19, 2007 relative to the kick-off of a year-long campaign to increase the recycling of paper fibers amongst residents and businesses.  Paper fibers include newspaper, magazines, catalogs, mixed paper, junk mail, chipboard and cardboard.

In addition to the benefit of recycling to the environment, the Town also saves money in disposal costs by diverting these materials from the waste stream.  The campaign begins Sunday, April 22, 2007, the 37th annual celebration of Earth Day.

Recycling initiatives will be included in the ongoing study of curbside collection.  To promote awareness, educational materials will be distributed through various media.  The Selectmen recommended Ms. Laurent consider a paper drive with the local Boy Scouts of America.

Cape Wind Project:

The Selectmen were in receipt of correspondence from Lisa Ali of San Francisco, CA dated April 8, 2007 regarding the Cape Wind project proposal.  In her letter, Ms. Ali voiced objection to the proposal from an economic and sociological standpoint and recommended an economist or consultant be employed to assess the economic ramifications of the turbine field on the surrounding Cape towns.

In response, the Selectmen agreed to take a proactive stance and request the Cape Cod Commission schedule a hearing on the economic and environmental impact of the wind turbines and involve the four Cape towns that will be affected by the proposal.

NEW BUSINESS:

Mashpee Wampanoag Rod & Gun Club – Application for One-Day License(s):

Courtenay Mills, Mashpee Wampanoag Rod & Gun Club was in attendance to request the Selectmen approve the following One-Day
Liquor Licenses;
April 21, 2007
April 28, 2007
June 30, 2007

It was noted that due to the holiday, the applicant was unable to give advance notification to the Selectmen regarding the April 21, 2007 function.

Motion made by Selectman Cahalane to ratify the Mashpee Wampanoag Rod & Gun Club One-Day Liquor License date of April 21, 2007 and approve the One-Day Liquor License dates of April 28, 2007 and June 30, 2007.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

APPOINTMENTS AND HEARINGS:

Cape Cod Rowing Club – Request to Hold Rowing Event:

Brett Fournier, head coach of the Cape Cod Rowing Club was in attendance to request the Selectmen approve the use of the town beach on Mashpee Wakeby Pond for the Cape Cod rowing race on Sunday, May 13, 2007.  The event will be held from 7:00 a.m. to approximately 2:00 p.m.

The Cape Cod Rowing organization will provide portable restroom facilities, trash collection, clean up of the beach area and police detail to control traffic along Route 130.  The Town Hall would be used for overflow parking if needed.  Three to four schools will be participating in the rowing event.

Motion made by Selectman Myers to approve the request of the Cape Cod Rowing Club to use the Town beach on Mashpee Wakeby Pond on Sunday, May 13, 2007 as described.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

NEW BUSINESS:

Recommendation for Acceptance of Bids – Annual DPW:

Greg Taylor, Director of Public Works was in attendance to recommend the Board award the contracts for the annual bid items.  The following bids, guardrail, pulverizing, street sweeping, paving/catch basin, and stone items were outlined in a memorandum addressed to the Selectmen dated April 11, 2007.

Motion made by Selectman Cook to award the Annual DPW Bid Items for FY08 as outlined in the memorandum of April 11, 2007.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Mr. Taylor also recommended the Selectmen extend contracts for annual bid items that include; catch basin cleaning, chip seal, cold planing, crack sealing, electrician, rental of various equipment, fencing, loam, micro surfacing, pavement markings, plumbing services, sand, reprocessed gravel, tree cutting and the rental of uniforms.

Motion made by Selectman Myers to approve the extension of the contracts for the Annual DPW Bid Items for FY08 as outlined in the memorandum of April 11, 2007.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Review and Execution – Discharge of Property:

The Selectmen reviewed the discharge of a mortgage from S. Joseph DiMaggio, dated November 19, 1991 encumbering real property in the Town of Mashpee.  

Motion made by Selectman Cahalane to Discharge the Mortgage dated November 19, 1991 with S. Joseph DiMaggio on this date, Monday, April 23, 2007.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

It was noted the Board of Health must also vote to execute the discharge document.

Review and Execution – Easement to Verizon for Service to Cape Cod Free Clinic:

The Selectmen were requested to grant an easement to Verizon to provide for facilities to the Cape Cod Free Clinic.  The land is known as 32 & 33 (Map 81, Lots 129 &130) Commercial Street, Mashpee.  It was noted that Town Counsel has reviewed and corrected the language authorizing the subject transfer.

Motion made by Selectman Cahalane to approve and execute the Agreement between the Town of Mashpee and Verizon for an Easement to provide service to the Cape Cod Free Clinic.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Recommendation for Award of Contract for Generator at Police Station:

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

On Friday, April 20, 2007 bids were received for the new generator at the Police Station.  Upon review, the DPW recommends the Selectmen award the contract to South Shore Generator in the amount of $39,770.  Upon issuance of the contract, the generator is anticipated to be installed in
10-12 weeks.

It was disclosed that $45,000 was approved for the Police generator that was initially contained in a request for proposal with the Town Hall generator to reduce cost constraints.  It was determined that it would be more advantageous to bid the generators separately.

The Selectmen agreed to defer the matter to the May 14, 2007 Selectmen’s Meeting to allow further review the late-filed documentation.

APPOINTMENTS AND HEARINGS:

Public Hearing – Application for Limousine Service License. Donald J. MacEachern:

The Board of Selectmen, acting as the Licensing Board for the Town of Mashpee opened the Public Hearing on the application of Cape and Islands Limousine, Inc., Donald J. MacEachern, for a Limousine License for one vehicle.  Office located at 11 Cape Drive, Suite #9, Mashpee.

The Hearing notice was read aloud in accordance with posting procedures.  Mr. MacEachern was in attendance to discuss the license request with members of the Board of Selectmen.

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

Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Motion made by Selectman Myers to grant a Limousine License to Donald J. MacEachern, d/b/a Cape and Islands Limousine, Inc. conditioned upon receiving a satisfactory report from the Police Department.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Recess: 7:08 p.m.  Meeting Resumed: 7:10 p.m.

Public Hearing – Application for Annual All Alcohol Restaurant License – H & M LLC, d/b/a Heather:

Selectman Cook stepped down for the above referenced Hearing.

The Board of Selectmen opened the Public Hearing on the application of H & M, LLC, d/b/a Heather, Matthew Conley, Manager, 20 Joy Street, Mashpee for an Annual All Alcoholic Restaurant License.

The Hearing notice was read aloud in accordance with posting requirements.  Matthew Conley, Manager was in attendance to discuss the license application of the fine dining restaurant with the Board of Selectmen.  It was noted the exterior terrace is adequately controlled and defined in accordance with the Selectmen’s mandate for outside seating.

The subject premise consists of approximately 4,740 square feet of first floor and seasonal outside space located in the South Cape Village.  The seating capacity is 120.  The estimated completion date is mid-August.

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

Motion made by Selectman Cahalane to approve the application of H & M, LLC, d/b/a Heather, Matthew Conley, Manager, 20 Joy Street, Mashpee for an Annual All Alcoholic Restaurant License.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  4-0.
Selectman Cook absent.

Adjournment:

Motion made by Selectman Myers to adjourn at 7:15 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing potential litigation.  The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Taylor, yes           Selectman Cook, yes
        Selectman Cahalane, yes         Selectman Myers, yes
        Selectman Green, yes            Opposed, none


Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen