AGENDA
BOARD OF SELECTMEN
MONDAY, MAY 14, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, April 23, 2007 Regular and Executive Sessions
Monday, May 7, 2007 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Reorganization of the Board of Selectmen
6:50 Hearing – Jade Restaurant – Closed for Business
7:00 Public Hearing – Entertainment Application - Mashpee Commons
7:10 Public Hearing – Entertainment Application – Starbucks Coffee
7:20 Public Hearing – Application for Seasonal Retail Package Store Transfer
Morning Glories Food, Inc., d/b/a Country Store to Seasonal Enterprises, LLC
7:30 Mashpee Cable & Advanced Technology Advisory Board
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Recommendation for Bid Acceptance – Police Station Generator
NEW BUSINESS
1) Request of Mashpee Community Concert Committee, Inc., -
- One Day Wine & Malt License for Mashpee Night at the Pops/ Fee Waiver
2) Review & Execution –
- Mass. Technology Collaborative (MTC) Municipal Wind Turbine Site Survey
3) Recommendation for Bid Acceptance – Fire Substation Design Services
4) Recommendation for Bid Acceptance – Equipment Rental
5) Recommendation for Bid Acceptance – Drainage Structures
6) Recommendation for Bid Acceptance – Food & Drink Concession at Mashpee Beaches
7) Acceptance of Resignation – Affordable Housing Committee
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
May 14, 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:
Monday, April 23, 2007 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, April 23, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Monday, May 7, 2007 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Monday, May 7, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Susan Orbach was in attendance on behalf of Senator Robert O’Leary
to discuss matters before the Senate Ways and Means Committee’s budget. Of particular importance is a proposed rate freeze to deal with the homeowner insurance crisis and remedies which include the establishment of a state catastrophic event fund.
Also, input from the Selectmen was requested regarding the potential meal tax increase option. Ms. Orbach indicated she would disseminate to the Board, a copy of the municipal partnership act as proposed by the Governor to assist with their decision.
Other legislative issues to be reconsidered include the wastewater legislative collaborative and higher education reform.
APPOINTMENTS AND HEARINGS:
Reorganization of the Board of Selectmen:
Selectman Taylor opened the nomination process for the purpose of
reorganization of the Board of Selectmen.
Motion made by Selectman Cahalane to nominate Selectman Theresa Cook to serve as Chairman of the Board of Selectmen.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook abstained.
Motion made by Selectman Myers to nominate Selectman John Cahalane to serve as Vice-Chairman of the Board of Selectmen.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cahalane abstained.
Motion made by Selectman Cook to nominate Selectman Don Myers to serve as Clerk of the Board of Selectmen.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
COMMUNICATIONS AND CORRESPONDENCE:
Meeting Notice – Cape Cod Commission:
Correspondence was received from the Cape Cod Commission (CCC) regarding a meeting notice on the Cape Wind Energy Project. The CCC will hold a meeting at 1:30 p.m. on Thursday, May 17, 2007 at the Barnstable Town Hall, Hearing Room #2 for the purpose of receiving comment as to the Commission’s jurisdiction and scope of review over the proposed Cape Wind project in Nantucket Sound.
Closure of the Transfer Station:
In the future, the Selectmen requested that advance notification be presented to the citizens of the Town of Mashpee regarding the closure of the Transfer Station. It was noted the Transfer Station was recently closed on Mother’s Day, and was not adequately announced to the general public.
OLD BUSINESS:
Recommendation for Bid Acceptance – Police Station Generator:
At the last meeting, the Selectmen requested further clarification regarding the purchase of a generator for the Mashpee Police Station. Correspondence was received from Catherine Laurent; Assistant DPW Director dated May 10, 2007 relative to the bid process.
It was noted original bids for the Town Hall and Police Station generators were obtained. The bid for the Town Hall generator exceeded the available budget. Rather than delay replacement of the generator at the Police Station since there has been concerns regarding reliability, the DPW recommended the police generator project move forward.
During the interim, it was disclosed the DPW is working with the Town’s contract electrician to determine methods to bring the Town Hall generator within budget.
Motion made by Selectman Myers to accept the award of a contract to South Shore Generator in the amount of $39,770 for the Police Station Generator as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Request of Mashpee Community Concert Committee, Inc., - One Day Wine & Malt License for Mashpee Night at the Pops:
Chris Ball, Mashpee Community Concert Committee was in attendance to request the Selectmen approve the 16th annual Mashpee Night at the Pops to be held on Saturday, July 28th with a rain date of July 29th, 2007 at Mashpee Commons.
The Selectmen were requested to waive all Town fees associated with the event with the exception for the cost of Police and Fire personnel. This is a free concert by the Cape Symphony Orchestra that is followed by an outstanding fire works display.
Motion made by Selectman Green to approve the One Day Wine & Malt License for the Mashpee Community Concert Committee on July 28th with a rain date of July 29th as requested, and waive all Town fee’s with the exception of the Police and Fire personnel.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
It was agreed that area businesses would be notified of the Selectmen’s concern regarding overcrowding. Capacity would be duly enforced.
Review & Execution – Mass. Technology Collaborative (MTC) Municipal Wind Turbine Site Survey:
Ira Brown, School Business Administrator was present to request the Selectmen support the School Department’s application for a Municipal Wind Turbine Site Survey. The survey is offered free of charge from the Massachusetts Technology Collaborative (MTC) and does not obligate the Town or School Department to pursue a wind turbine.
Motion made by Selectman Cahalane to endorse the application for a Municipal Wind Turbine Site Survey and encourage the potential for wind generation as a renewable energy initiative in Mashpee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Hearing – Jade Restaurant – Closed for Business:
The Board of Selectmen opened the Public Hearing to address the cessation of the licensed business, Jade Restaurant, Kamtong Tam, Manager to show why the Board should not cancel the license.
The hearing notice was read in accord to posting requirements. Kamtong Tam was in attendance to discuss the abandonment of the Jade Restaurant premise with members of the Board of Selectmen.
Ms. Tam affirmed the restaurant is restructuring and is presently closed for business. A new restaurant firm is expected to submit necessary paperwork for a license transfer request within the next few weeks.
Motion made by Selectman Cahalane to continue the Public Hearing of Jade Restaurant to Monday, June 4, 2007 at 6:50 p.m. At which time, the Board of Selectmen will act on this matter.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was agreed the new owners intending to operate at the location of the Jade Restaurant in Mashpee Commons would be requested to meet before the Town Manager to discuss their intentions and to review matters of compliance relative to the license transfer prior to the next Selectmen’s Meeting.
NEW BUSINESS:
Recommendation for Bid Acceptance – Fire Station Design Services:
The Selectmen were in receipt of a recommendation from the Fire Station Selection Committee for architectural and design services for the South Mashpee Fire Substation.
Four prospective firms remitted proposals. In accordance with the criteria set forth in the evaluation and qualification-based selection process, the architectural firm of Durland Van Voorhis of New Bedford was unanimously recommended as the most qualified firm to meet the needs of the Town of Mashpee.
Motion made by Selectman Green to select the firm of Durland Van Voorhis and authorize the Town Manager to enter into contract negotiations with Durland Van Voorhis for the purpose of serving as the architect/designer for the South Mashpee Fire Substation project.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Equipment Rental:
Recommendation for Bid Acceptance – Drainage Structures:
Greg Taylor, Director of Public Works was in attendance to recommend the Selectmen approve the services of Lawrence Lynch Corporation for equipment rental services and the Acme Precast Company for drainage structures for the Mashpee DPW in FY08.
Motion made by Selectman Green to award the DPW FY08 bids to the Lawrence Lynch Corporation and Acme Precast Company as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Recommendation for Bid Acceptance – Food & Drink Concession at Mashpee Beaches:
Correspondence was received from Kathleen Moore, Administrative Assistant to the Selectmen and Town Manager dated May 10, 2007 relative to the bid for beach concessions.
One company responded to the bid proposal for the operation of the concessions at the Mashpee Town beaches. The bid was a combined bid for concessions at South Cape Beach and Attaquin/John’s Pond Parks.
Hyannis Ice Cream was recommended for the concession contract pending the Health Department inspection.
Motion made by Selectman Cahalane to award the Beach Concession bid to Hyannis Ice Cream in the amount of $2,500 as recommended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Affordable Housing Committee:
The Selectmen were in receipt of a resignation from Charlotte A. Garron dated May 1, 2007 from the Mashpee Affordable Housing Committee.
Motion made by Selectman Cahalane to accept with regret, the resignation of Charlotte A. Garron from the Affordable Housing Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Entertainment Application – Mashpee Commons:
The Board of Selectmen opened the Public Hearing on the application of Mashpee Commons Limited Partnership to provide entertainment to the public from June 3, 2007 through December 31, 2007. Entertainment to be held in Mashpee Commons, Mashpee, MA.
Lissa Lindsley was in attendance to discuss the annual entertainment license request that includes live musical and dance performances, outdoor movie nights, and live theater performances. A calendar of events for 2007 was presented to the Board for additional review.
Being no comment, the Board voted to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve the application of Mashpee Commons Limited Partnership to provide entertainment to the public from June 3, 2007 through December 31, 2007 in the Mashpee Commons.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Entertainment Application – Starbucks Coffee:
The Board of Selectmen opened the Public Hearing on the application of Starbucks Coffee, 6 Market Street, Mashpee Commons, for an Entertainment License to include live music, vocals, and amplification provided by 1 to 4 musicians.
The Hearing notice was read aloud in accordance with posting requirements. Bryan Jesienski, Manager was in attendance to discuss the entertainment license request proposal. A compliance certificate was issued and approved by the Fire Department and Building Department in accordance with 780 CMR, Chapter 1 and Chapter 304 of the Acts of 2004.
The applicant intends to have entertainment for the enjoyment of the customers visiting Starbucks. The request is for a maximum of four musicians.
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 Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to grant an Entertainment License to Starbucks Coffee, 6 Market Street, Mashpee Commons to include live music, vocals, and amplification provided by 1 to 4 musicians (only) until 11:00 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Mashpee Cable & Advance Technology Advisory Board:
Andrew Eliason, Mashpee Cable & Advance Technology Advisory (MCAT) Board member was in attendance to discuss the Town’s position on a pending state-wide cable franchising bill. The legislation if passed would allow Verizon to bypass local officials completely. A single state issued franchise agreement would allow Verizon to select the communities and neighborhoods they would serve.
Correspondence was received from Verizon dated May 10, 2007 urging the Town to reject inaccurate claims surrounding the proposed Massachusetts cable franchise legislation.
Mr. Eliason indicated that it is important to continue local franchising control of cable TV services. A list of projects supported and funded by the MCAT Board from local franchise agreements include the reverse 911 system, training monitor televisions, upgrades and repairs, and aerial mapping support that has provided benefit to the police, fire, town, and school departments. (enclosed)
The bill would significantly alter the ability of local government to enter into or enforce local cable franchise agreements, and to manage and collect fees for the use of local rights of way.
It was agreed a letter would be remitted to the Joint Committee on Telecommunications, Utilities and Energy and to other legislative officials in opposition to the pending statewide cable franchising bill.
Motion made by Selectman Myers to remit a letter, modeled from the Town of Brewster memorandum in opposition to the proposed state-wide cable franchising bill to include the Proclamation and Resolution in relation to maintaining local licensing authority of cable television.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Public Hearing – Application for Seasonal Retail Package Store Transfer Morning Glories Food, Inc., d/b/a Country Store to Seasonal Enterprises, LLC:
Selectman Cook stepped down for the above referenced Hearing.
Vice-Chairman Cahalane presided.
The Hearing notice opened by the Board of Selectmen was read aloud on the application of Seasonal Enterprises, LLC d/b/a The Country Store, Joseph Anastos, Manager, for a transfer of the Seasonal All Alcohol Retail Package Store License from Morning Glories Food, Inc., d/b/a Country Store Antoinette Lambert, Manager. The location is 259 Rock Landing Road, Mashpee.
Joseph Anastos, Manager was in attendance to discuss the license transfer with the Board of Selectmen. It was noted the owner of the subject premise vacated the property approximately two weeks ago. During the interim, Mr. Anastos has begun renovations. It was noted that all necessary paperwork is in order for the Selectmen’s approval.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Myers to approve the application of Seasonal Enterprise, LLC d/b/a The Country Store, Joseph Anastos, Manager for a transfer of the Seasonal All Alcohol Retail Package Store License from Morning Glories Food, Inc. d/b/a Country Store, Antoinette Lambert, Manager.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Adjournment:
Motion made by Selectman Green to adjourn at 7:30 p.m.
The Board will enter into Executive Session for the purpose of discussing contract negotiations and potential litigation. The Board will not reconvene in Open Session.
Motion seconded by Selectman Taylor.
VOTE: 4-1. Motion carries.
Selectman Cahalane in opposition.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, no
Selectman Myers, yes Selectman Taylor, yes
Selectman Green, yes Opposed, (1)
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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