AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 25, 2005
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Acceptance of the following:
Monday, March 28, 2005 Regular Session
Monday, April 11, 2005 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Planet Restaurant, Inc., d/b/a Giovanni’s
Application for Entertainment License
6:50 Mashpee Chamber of Commerce – Night of 100 Wines
7:00 MMR – Lynda Wadsworth – Environmental Update
7:15 Request of Senior Center Building Committee – Lightning Protection
7:20 Public Hearing – Café de la Terre
- Application for Annual Wine & Malt License and Entertainment License
7:40 Cape Cod Free Clinic and Community Health Center – Status Report
7:50 Public Hearing – Shellfish Regulations
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Approval of Betterment Assessments
- Seabrook Village
- Algonquin Avenue
NEW BUSINESS
1) DPW Request for Extension of Contract – Operation of Transfer Station
(We Care Transportation, Inc.)
2) DPW – Recommendation for Award of Contract – Installation of Guardrail
3) Acceptance of Resignation – Board Secretary/ South Cape Beach State Park Advisory Committee
4) Acceptance of Resignation – Zoning Board of Appeals
5) Acceptance of Resignations (2) – Affirmative Action Committee
6) Senior Center Building Committee – Disbandment
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 25, 2005
Present: Selectman Cahalane, Selectman Green, Selectman Taylor,
Selectman Marsters, Selectman Myers
Town Manager, Joyce Mason
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1.
On behalf of the Board, Selectman Cahalane presented Selectman Ken Marsters with a plaque in appreciation for his dedicated service to the Town of Mashpee serving as a Selectman for the past nine years. Rodney Collins, Chief of Police also presented Selectman Marsters with a certificate of appreciation for his dedicated service as Selectman liaison to the Mashpee Police Department.
Motion made by Selectman Green to designate Selectman Marsters to serve as Acting Chairman of the Board of Selectmen on this date.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Marsters abstained.
MINUTES:
Monday, March 28, 2005 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, March 28, 2005 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
Monday, April 11, 2005 Regular Session:
Motion made by Selectman Myers to approve the Regular Session minutes of Monday, April 11, 2005 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Barnstable County Commissioners – Available Funds:
In response to the Barnstable County Commissioners memorandum of March 28, 2005 relative to the availability of surplus funds, the Selectmen agreed to request the funds on a cash basis. Based upon the allocation methodology, the Town of Mashpee would receive $15,902 in fiscal year 2005.
APPOINTMENTS AND HEARINGS:
Public Comment:
Rodney Collins, Chief of Police was present to introduce to the Board of Selectmen, John Hanafin; the department’s newly promoted Police Sergeant.
Public Hearing – Planet Restaurant, Inc., d/b/a Giovanni’s Application for Entertainment License.
The Board of Selectmen opened the Public Hearing on the application of Planet Restaurant, Inc., d/b/a Giovanni’s (hearing for change of d/b/a to Soprano’s scheduled and approved on April 11, 2005), 681 Falmouth Road, Mashpee for an Entertainment License to include Piano Entertainment and Live Music.
The hearing notice as read aloud in accordance with requirements associated to posting procedures. Edmond Richardi, owner and manager of said establishment was present to discuss the license application with the Board of Selectmen.
Correspondence was received from the Fire Chief and the Building Inspector dated April 22, 2005 regarding issues of compliance. The Selectmen requested the applicant further delineate the entertainment portion of the application to specify no dancing, and the number of musicians intended to perform entertainment music at the Soprano’s establishment. As a result of pending issues, it was agreed the matter would be continued.
Motion made by Selectman Taylor to continue the Public Hearing on the application of Planet Restaurant, Inc., d/a/b Soprano’s, 681 Falmouth Road, Mashpee for an Entertainment License to include Piano Entertainment and Live Music to Monday, May 16, 2005.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Mashpee Chamber of Commerce – Night of 100 Wines:
Heidi Trottier, Mashpee Chamber of Commerce was present to request the Selectmen approve the Chamber’s application for a one-day liquor license on Saturday, June 4, 2005 from 5:30 p.m. to 8:30 p.m. under the Festival tent at Mashpee Commons. The Night of 100 Wines event would benefit the Mashpee Chamber’s scholastic awards and its community projects.
Motion made by Selectman Cahalane to approve the application of the Mashpee Chamber of Commerce for a one-day wine and malt license on Saturday, June 4, 2005 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Approval of Betterment Assessments:
Seabrook Village:
Selectman Marsters stepped down for the matter regarding Seabrook Village. Selectman Cahalane presided and requested a vote from the Selectmen to approve the betterment assessments.
Motion made by Selectman Myers to approve the Certification of Betterment Assessment for the Seabrook Village Subdivision, said improvements to cost $184,680.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Marsters abstained.
OLD BUSINESS:
Approval of Betterment Assessments:
Algonquin Avenue:
The Selectmen reviewed the betterment assessment for Algonquin Avenue. The amount of betterment assessed per parcel shall be an equal share of the cost to each parcel of land listed on Schedule A.
Motion made by Selectman Myers to approve the Certification of Betterment Assessment for Algonquin Avenue, said improvements to cost $162,524.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
DPW Request for Extension of Contract – Operation of Transfer Station:
(We Care Transportation, Inc.)
Catherine Laurent, Assistant DPW was present to recommend the Board extent the contract with We Care Transportation, Inc. for the operation of the Transfer Station and the hauling of recyclables for fiscal year 2006. The base bid price is a 2.5% increase from FY05. Specifications were outlined in a memorandum addressed to the Selectmen dated April 19, 2005.
Motion made by Selectman Green to extend the contract with We Care Transportation, Inc. for fiscal year 2006 as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
DPW Recommendation for Award of Contract – Installation of Guardrail:
DPW Assistant Director Catherine Laurent indicated that while attempting to schedule the replacement of guardrail on Route 130, the DPW was notified that Steidler Construction, the vendor for the annual contract is no longer in business.
Motion made by Selectman Taylor to terminate the contract between the Town of Mashpee and Steidler Construction, Inc.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
The second low bidder for the project, Bartlett Consolidated, Inc. has agreed to honor their bid. It was noted that Bartlett did the annual work for this contract previously.
Motion made by Selectman Taylor to award the contract for the installation of guardrail to Bartlett Consolidated, Inc. for the remainder of this fiscal year to include the extension of the contract for fiscal year 2006.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Acceptance of Resignation – Board Secretary South Cape Beach State Park Advisory Committee:
Correspondence was received from Barbara Gannon dated April 14, 2005 resigning from her position as Board Secretary effective June 30, 2005.
Motion made by Selectman Green, to accept with regret, the resignation of Barbara Gannon from the South Cape Beach State Park Advisory Committee effective June 30, 2005.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Acceptance of Resignation – Zoning Board of Appeals:
Richard Guerrera submitted his notification of resignation as a member of the Zoning Board of Appeals effective immediately.
Motion made by Selectman Myers to accept the resignation of Richard Guerrera from the Zoning Board of Appeals on this date with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Acceptance of Resignations (2) – Affirmative Action Committee:
Correspondence was received from Elaine Good dated April 10, 2005 resigning from the Affirmative Action Committee effective April 12, 2005.
Motion made by Selectman Taylor to accept the resignation of Elaine Good from the Affirmative Action Committee effective April 12, 2005.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Jan Strickland, Chair to the Affirmative Action Committee submitted his resignation on April 4, 2005 effective April 12, 2005.
Motion made by Selectman Taylor to accept the resignation of Jan Strickland from the Affirmative Action Committee effective April 12, 2005 with deep regret.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Request of the Senior Center Building Committee – Lightning Protection:
Irving Goldberg, Chair to the Senior Center Building Committee was present to request the Selectmen add lightning protection to the senior center building in the matter of safety and protection. The low bid was received from Baker Electrical Contracting in the amount of $11,000 for this purpose.
Motion made by Selectman Taylor to approve the request of the Senior Center Building Committee to add lightning protection, and award the bid to Baker Electrical Contracting for a sum not to exceed $11,000.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Senior Center Building Committee – Disbandment:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
In an effort to close-out the Senior Center building project, the Town Manager recommended the Selectmen vote to disband the committee. It was noted that the remainder of funds associated to the project would be authorized by the Office of the Board of Selectmen.
Motion made by Selectman Taylor to disband the Senior Center Building Committee as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
The last meeting of the Senior Center Building Committee is May 11, 2005.
MMR – Lynda Wadsworth – Environmental Update:
The Board of Selectmen met with representative from the Massachusetts Military Reservation (MMR) to receive an update on base activities. Information relative to the Environmental & Readiness Center can be found on the website www.eandrc.org.
It was noted that the Annual Report during Training Year 2004 is completed. The report details the nature and extent of military training and activities, environmental management program activities, and the status of compliance with the Environmental Performance Standards and applicable federal, state and Department of Defense environmental laws and regulations.
The environmental management programs operated by the Massachusetts Army National Guard have achieved substantial compliance with environmental performance standards.
Information relative to the plumes and their boundaries was also reviewed. A map detailing the Installation Restoration Program will be placed in Town Hall for public review.
Questions on the Training Year 2004 State of the Reservation Report can be addressed to William Sullivan, Operations Manager, MMR Environmental & Readiness Center, Camp Edwards, MA. His email address is William.Sullivan@ma.ngb.army.mil.
APPOINTMENTS AND HEARINGS:
Public Hearing – Cafe de la Terre – Application for Annual Wine & Malt License and Entertainment License:
The Board of Selectmen opened the Public Hearing on the application of Café de la Terre, 25 Market Street, Mashpee Commons, Michael A. Donaldson, Manager, for the following licenses: Annual Common Victualler Wine & Malt Restaurant License and Entertainment License for live music and amplification system to include Sunday Entertainment.
Joyce Mason, Town Manager read aloud the Public Hearing notice. Michael Donaldson, manager was present to discuss the license application with the Board of Selectmen.
The establishment intends to serve full breakfast and lunch. In the evening hours, high end wines and beers from around the world would be served with a light dinner fare. Live jazz or acoustical entertainment is proposed.
It was noted that the establishment will be located in the newly developed Mashpee Commons building that is zoned for mixed use. An outdoor courtyard is proposed for live music, no dancing. There was concern with regards to noise at it relates to the residential area of the building.
It was agreed that Entertainment license would be restricted at this time until 9:30 p.m. An increase of entertainment hours would be considered if the establishment operates without incident. A barrier and/or shrubbery with a gate would be required and shall be contained on said license to delineate the alcohol service area. Specifications relative to the number of intended musicians was not fully defined on the application. It was agreed that the applicant would amend the application to read; a maximum of (6) musicians. It was noted that it would be necessary for the Fire Chief to sign off on the entertainment portion of the license application.
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. 5-0.
Motion made by Selectman Cahalane to approve the application of Café de la Terre, 25 Market Street, Mashpee Commons, Michael A. Donaldson, Manager for the following license: Annual Common Victualler Wine & Malt Restaurant License.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to continue the Public Hearing relative to the Entertainment License of Café de la Terre to May 16, 2005, subject to the Fire Chief’s written approval.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Cape Cod Free Clinic and Community Health Center – Status Report:
The Board of Selectmen received an update on the Cape Cod Free Clinic and Community Health Center, an independent, non-profit health clinic that provides access to health care services to the uninsured and underserved who would otherwise go without those services.
The clinic opened in 1998 in the Town of Falmouth, and opened a second site in Mashpee Commons in June 2004. To date the clinic has served over 5,000 patients and has provided over 1,200,000 in free medications over the last four years. The Cape Cod Free Clinic and Community Health Center is currently financed by community donations, local businesses, area churches, fraternal organizations, and grants from local and state government and private foundations and special fundraising activities.
Representatives from the clinic have recently met with the Town Planner to review potential parcels of Town owned land as future site considerations for the Mashpee facility.
Adjournment:
Motion made by Selectman Taylor to adjourn at 6:40 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing potential land acquisition. The Board will reconvene in Open Session at 6:50 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, yes
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Adjournment:
Motion made by Selectman Myers to adjourn at 6:49 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Green, yes
Selectman Taylor, yes Selectman Marsters, yes
Selectman Myers, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Meeting reconvened: 6:50 p.m.
APPOINTMENTS AND HEARINGS:
Public Hearing – Shellfish Regulations:
Selectman Green stepped down for the above referenced agenda topic.
The Board of Selectman opened the Public Hearing on the proposed Shellfish Regulations for the Year 2005. The hearing notice was read aloud for informational purposes.
Richard York, Shellfish Constable was present to discuss the amendment as proposed;
No person shall plant, transplant or introduce seed or adult shellfish into any waters of the Town of Mashpee without first obtaining a special permit from the Director of the Massachusetts Division of Marine Fisheries.
The purpose of this section is to prevent the introduction of shellfish diseases.
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 Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cahalane to approve and adopt Section 20 added to the Mashpee Shellfish Regulations under Article III, and approve the Mashpee Shellfish Regulations for 2005 effective April 30, 2005 as amended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:55 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
| 
