AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 10, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Planet Restaurant, Inc., d/b/a Giovanni’s
- Change of Officers, Transfer of Stock, Change of Manager
COMMUNICATIONS & CORRESPONDENCE
1) Town of Kingston – Chapter 40B – Manufactured Housing
OLD BUSINESS
1) Certification of Appointment Process – Chief of Police
NEW BUSINESS
1) Certification of Appointment Process – Finance Director
2) Recommendation for Appointments (2) – Mashpee Cable and Advanced Technology Board
3) Recommendation for Acceptance of Proposal – Classification and Compensation Study
4) DCPC Discussion
5) Wastewater Management Agreement - MCLP
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 10, 2005
Present: Selectman Green, Selectman Taylor,
Selectman Marsters, Selectman Myers
Town Administrator Joyce Mason
Absent: Selectman Cahalane
Meeting Called to Order by Vice-Chairman Green at 6:30 p.m.
Town Hall, Conference Room #1.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS AND CORRESPONDENCE:
Town of Kingston – Chapter 40B – Manufactured Housing:
Correspondence was received from the Town of Kingston dated December 28, 2004 relative to manufactured housing development as it relates to the current formula for Chapter 40B housing.
The term, low and moderate income housing as defined in Chapter 40B, Section 20 does not include all “manufactured homes” which are referred to as mobile home parks. The Town of Kingston has voted to place a non-binding question on their election ballot to address concerns regarding this matter.
The correspondence was taken under advisement and will be forwarded to the Affordable Housing Committee for comment.
NEW BUSINESS:
Recommendation for Appointments (2) – Mashpee Cable and Advanced Technology Board:
The MCAT at their meeting of December 14, 2004 voted unanimously to recommend the appointment of Maxine S. Wolfset and James F. Moroney to serve as members of the Mashpee Cable and Advanced Technology Board. Letters of interest from the perspective candidates were presented to the Selectmen for review.
Motion made by Selectman Myers to appoint Maxine S. Wolfset and James F. Moroney to the Mashpee Cable and Advanced Technology Board (MCAT) as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Recommendation for Acceptance of Proposal – Classification and Compensation Study:
Three proposals were received for the Classification and Compensation Study and Organizational Review for the Town of Mashpee. Government Consulting Group, Inc. of Franklin, MA was the recommended firm based upon their interview and technical proposal.
Motion made by Selectman Marsters to accept the proposal from Government Consulting Group, Inc. and authorize the Town Manager to conduct final contract negotiations on behalf of the Board of Selectmen.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
It was noted that the consulting group will meet with the Board of Selectmen and appropriate individuals prior to the onset of the study.
Adjournment:
Motion made by Selectman Marsters to adjourn at 6:34 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. The Board will resume in Open Session following discussion.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, absent Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, yes
Selectman Myers, yes Opposed, none
Respectively submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Meeting re-convened: 7:08 p.m.
OLD BUSINESS:
Certification of Appointment Process – Chief of Police:
Motion made by Selectman Marsters to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
The Board of Selectmen reviewed the contractual agreement between the Town and Rodney C. Collins as Chief of Police.
It was noted that all hiring practices in accordance with the Town Charter have been met for the Selectmen’s confirmation and certification.
Correspondence was received from Selectman Cahalane dated January 5, 2005 in agreement with the proposed contract between the Town and Rodney C. Collins for the position of Police Chief.
Motion made by Selectman Taylor to confirm and certify the appointment of Rodney C. Collins as Chief of Police for the Town of Mashpee and, ratify his employment contract on this 10th day of January, 2005 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Certification of Appointment Process – Finance Director:
The Hiring Certification for the final candidate, Judith A. Hunter to the position of Finance Director was presented to the Selectmen for approval. It was noted that all practices regarding the hiring process have been met in accordance with the Town Charter.
Motion made by Selectman Taylor to confirm and certify the appointment of Judith A. Hunter as Finance Director and ratify her employment contract on this 10th day of January 2005.
Motion seconded by Selectman Marsters.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Planet Restaurant, Inc., d/b/a Giovanni’s Change of Officers, Transfer of Stock, Change of Manager:
The Board of Selectmen opened the Public Hearing on the application of Planet Restaurant, Inc., d/b/a Giovanni’s for the following: Change of Officers, Transfer of Stock and Change of Manager, for the All Alcohol Restaurant Liquor License held at 681 Falmouth Highway, Mashpee.
For disclosure, the Public Hearing notice was read aloud. Correspondence was received from Richard Dalton, Attorney at Law dated January 7, 2005 on behalf of Planet Restaurant requesting the hearing be rescheduled to January 24, 2005.
Being no comment, the Selectmen motioned to continue the hearing.
Motion made by Selectman Marsters to continue the Public Hearing of Planet Restaurant, Inc., d/b/a Giovanni’s to Monday, January 24, 2005 at 6:40 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Wastewater Management Agreement:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
The Board of Selectmen reviewed the Wastewater Management Agreement between the Town of Mashpee and Mashpee Commons Limited Partnership that would service the new Senior Center and Police and Fire Departments. It was noted that the Agreement has been reviewed and approved by Town Counsel to form.
Motion made by Selectman Taylor to approve and execute the Wastewater Management Agreement between the Town and Mashpee Commons Limited Partnership as presented.
Motion seconded by Myers.
VOTE: Unanimous. 4-0.
Motion made by Selectman Taylor to authorize the Vice-Chairman to execute said Wastewater Management Agreement in the absence of the Chairman of the Board of Selectmen.
Motion seconded by Selectman Marsters.
VOTE: Unanimous. 4-0.
DCPC Discussion:
Selectman Marsters stepped down for the above referenced discussion.
Tom Fudala, the Town Planner was present to discuss his comments of January 7, 2005 relative to the DCPC Nomination. Mr. Fudala submitted a twelve page summary of comments that included a map of Mashpee developments and DCPC exemptions, a map of properties not exempt from a DCPC and a list of Mashpee developments permitted or proposed as of 12/04.
Mr. Fudala noted that Draft #4 which has been circulated is not the full nomination form. Items 1 through 9 include a variety of information about the Town and the proposed district.
The Selectmen requested a complete copy of the DCPC Nomination Form.
Mr. Fudala discussed his concerns, and constraints of his department. In particular, Mr. Fudala indicated that there is no specific timeline in the application. He has concern that there is no indication in the application of what would happen the day after the nomination was to be accepted.
There would also be two moratoriums. The first of which would occur when the Cape Cod Commission and Barnstable County of Delegates would consider the nomination. The first moratorium could last up to 285 days. The second moratorium would occur if the nomination is accepted. It would last at minimum, twelve months.
Mr. Fudala indicated in his opinion, the current DCPC nomination is not ready for submission. He feels that it needs a broader community consensus. Additional funding was also a noted matter to support outside consulting assistance to gather more statistical information.
It is the consensus of the Selectmen to conduct a workshop session with the Planning Board on this matter and request an extension of approximately one month for the Selectmen’s comment period. A memo will be submitted to the Planning Board with respect to this regard.
Adjournment:
Motion made by Selectman Myers to adjourn at 8:12 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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