AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 5, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, November 21, 2011 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Representative Vieira
6:50 Public Hearing – Annual Liquor License Renewals
Package Store All Alcohol
- Andy’s Market
- The Barn
- Best Buy Beverage
- Liberty Liquors
- South Cape Wine & Spirits
Package Store Wine & Malt
- Mashpee Mart
- Rapid Refill
Restaurant All Alcohol
- Asia
- Bistro 36
- Bleu
- Bobby Byrne’s
- Café Trevi
- Carbo’s Grille & Bar
- Finally Dino’s
- 99 Restaurant
- New Seabury Country Club
- Quashnet Valley Country Club
- Siena
- Soprano’s
- Wicked
Restaurant Wine & Malt
Innholder All Alcohol
- Popponesset Inn
- Zachary’s Pub
Commercial Club All Alcohol
7:00 Public Hearing – Tax Rate Classification
7:10 Public Hearing – Request of New Seabury Country Club for Temporary Closing
7:15 Public Hearing – Request of Popponesset Inn for Temporary Closing
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESSs
- Determination of Project Eligibility Under the Local Initiative Program (LIP), 6 Park Place Way and 9 Park Place Way
NEW BUSINESS
- Request for Approval of Change Orders #4 and #5 – Corolla Contracting – Roof Projects
- Request for Approval of Change Order #1 – Mercury Mechanical Services – HVAC Project
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
- Pending Litigation – Aquaculture Permit
Board of Selectmen
Minutes
December 5, 2011
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, November 21, 2011 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
minutes of Monday, November 21, 2011 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
The Board of Selectmen opened the meeting by congratulating the Mashpee Falcons, Division 4 Super Bowl Champions as Mashpee ousted Cardinal Spellman in the title game held at Gillette Stadium last Saturday.
The Selectmen complimented the good sportsmanship of the players, coaches and spectators which remarked favorably on the success of the Mashpee community.
APPOINTMENTS & HEARINGS:
Representative Vieira:
David Vieira, State Representative 3rd Barnstable District was in attendance to give a legislative update to the Board and to gain feedback from the Selectmen on issues of importance to the Town of Mashpee.
With the future re-districting, Representative Vieira will be representing the entire Town of Mashpee. Presently, he shares this responsibility with Representative Randy Hunt. It was agreed that one representative is preferable for the Town.
Of note, the State Primary will be held on the first Thursday in September next year.
When discussing the State budget for municipal health reform, in particular, the GIC (Group Insurance Commission) option for municipalities, the Town Manager indicated the Cape Cod Municipal Health Group has voted to adopt plans similar to the GIC. As a result, the Town of Mashpee will remain with the collective Cape group, and it is anticipated a savings would be realized through lower premium rates. The Board of Selectmen is expected to review the proposal at their December 19th meeting, and take action on this matter in January.
The Board in concern with unfunded State mandates, requested Representative Vieira continue to act as avoice for the Town of Mashpee. Mr. Vieira indicated the first step in the Governor’s creation of the budget is a consensus review hearing. Representative Vieira in conversation stated he it is cautious that federal monies may not be incorporated into the budget and this represents uncertainties as to the funding the State would receive. In support of the Town of Mashpee, Representative Vieira indicated he would be a strong voice for Mashpee, to request a number so the Town may develop a sound financial plan. Presently, Mashpee receives approximately 11% in State Aid.
Also of note is the Selectmen’s concern to the funding formulas used for Cape Cod as is related to Chapter 70 funds and non-State aid. There is a need to close the gap. Currently, the median income of the Cape is 10-14% less than the State, and there is a disparity between income and property levels. It was agreed the 17.5% funding commitment made by the State three years ago has not been achieved.
With regards to the decline in the Community Preservation Trust, funding which derives from fees charged at the Registry of Deeds, the average State match is now 26%. Representative Vieira indicated there is support in the legislature for the Act to Sustain Community Preservation which would increase the Trust fund revenue and support CPA rehabilitation projects on existing recreational land. Although there is support of the Act, there have been no fee increases to support the State Trust fund match. The Selectmen requested Representative Vieira target special legislation to separate the recreational aspect of the Act if the bill does not pass through the House.
In the matter of wastewater, the issue of regionalizing was giving consideration to build upon the economy and create jobs. Representative Vieira stated this is a huge issue that involves the river watersheds as well as the coastal watersheds. There has been ongoing dialogue with the scientific community to seek alternative techniques of sewering. Under review is a state-wide infrastructure commission that would research methods to create resources to provide match funding. There have also been discussions to involve the DEP in a more direct role. If the capacity were at the state level, it may be more effective in addressing
the local issues.
The Board of Selectmen expressed appreciation to Representative Vieira for his representation to the Town of Mashpee and to the Cape. It was agreed that quarterly meetings and emails would help to maintain an open line of communication.
APPOINTMENTS & HEARINGS:
Public Hearing – Annual Liquor License Renewals:
The Board of Selectmen opened the Public Hearing on the renewal of all annual liquor licenses in the Town of Mashpee. The Hearing notice was read aloud into the record in accordance with posting requirements.
It was disclosed that all liquor license holders are current regarding tax payments with the exception of Carbo’s Grille & Bar. It was also reported South Cape Wine & Spirits is not currently open. The Selectmen were requested to approve the renewal of South Cape Wine & Spirits pending approval of Police & Fire Inspections.
Correspondence from Kathleen Moore, Administrative Assistant dated December 1, 2011with respect to this regard and it was noted the Police Chief forwarded notification there has been no reported violations. All liquor license holders have submitted proof of Workers’ Compensation Insurance as mandated by the State with the exception of South Cape Wine & Spirits, currently closed.
It was disclosed Taylor’s Restaurant has decided not to renew its license which is due to expire December 31, 2011. The following liquor license holders have not passed inspection, but are working with the Building and Fire Departments to correct violations;
Bistro 36
Café Trevi
Rapid Refill
South Cape Wine & Spirits (currently not in operation)
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the following PackageStore License – All Alcohol:
Andy’s Market
The Barn
Best Buy Beverage, Inc.
Liberty Liquors
And, South Cape Wine & Spirits pending approved Fire & Building Inspections.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the following Package Store License – Wine & Malt:
Mashpee Mart
Rapid Refill
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the following Annual All Alcohol Restaurant Licenses:
Asia
Bistro 36
Bleu
Bobby Byrne’s
Café Trevi
Finally Dino’s
99 Restaurant
New Seabury Country Club
Quashnet Valley Country Club
Siena
Soprano’s
Wicked
And, Carbo’s Grille & Bar pending payment of outstanding taxes.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, abstained Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the following Annual Restaurant – Wine & Malt License:
Zoe’s
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the following Annual All Alcohol Innholder Licenses:
Popponesset Inn
Zachary’s Pub
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the following Annual All Alcohol Commercial Club License:
Willowbend Country Club
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Tax Rate Classification:
The Board of Selectmen opened the Public Hearing to determine the percentages of the local tax levy to be borne by each class of real property and personal property for the next fiscal year. The Hearing notice as published was read aloud into the record.
Jason Streebel, Director of Assessing was in attendance for discussion purposes. In accordance with MGL, municipalities must decide whether (1) to tax all classes of property at their full and fair cash valuation share of the tax levy, which results in a single tax rate, or (2) to reduce the share of the tax levy paid by the residential and open space property owners and shift those taxes to commercial, industrial and personal property taxpayers, which results in a split tax rate.
It is the recommendation of the Board of Assessors and Director of Assessing to adopt the single tax rate, a Factor of “1”. Being no public comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to move that the Town of Mashpee adopt a tax rate Factor of “1” for all classes of property with no discount for Open Space, no Residential Exemption and no Small Commercial Exemption.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
With the vote of the Board of Selectmen, the FY12 tax rate is $8.51 per $1,000 valuation. The cost to an average single family home in FY12; $450,397 is $3,833. The $0.14 increase is due to the Mashpee Library building project. Last year the rate was $8.37 per $1,000 valuation.
The rate does not include the 3% CPA Tax; $0.26 per $1,000 valuation. (The CPA rate was $0.25 last year), and the Water District Tax $0.19 per $1,000 valuation. (The Water District rate was $0.20 last year).
NEW BUSINESS:
Request for Approval of Change Orders #4 & #5 – Corolla Contracting – Roof Projects:
Catherine Laurent, Director of Public Works was present to review the Change Orders voted by the Planning & Construction Committee for unplanned repair work associated to the Quashnet School, the Coombs School and the Mashpee High School. Work is anticipated to be completed by Corolla Contracting, the low bidder for roof replacement and repairs.
Change Order No. 4 is for $3,363 to replace the gas pipe at the Coombs School. The contract originally specified the re-use of the existing pipe (deemed in poor condition). In addition to the upgrade, there is a change in the project scope to repair two leak areas detected at the Quashnet School.
Change Order No. 5 amounts to $3,800 to repair the lightening protection system at the Mashpee High School. The repair includes re-securing the cable to the roof and the roof-mounted mechanical units.
It was disclosed the use of the existing contractor deemed the low bidder represented a cost savings to the Town alleviating the need to mobilize a new firm. All work conforms legally to the open bid process.
For clarification purposes, Change Order No. 1 approved by the Board at their November 7th meeting allocated $78,084 to Corolla Contracting to replace the seams on the roof membranes at the middle/high school where the solar panels were being installed. All work is within budget. Funding shall derive from the capital bond earmarked for infrastructure improvements.
Motion made by Selectman Richardson to approve Change Order No 4 and Change Order No. 5 to the contract with Corolla Contracting for roof replacement and/or repair at the Town Hall, Coombs School, Quashnet School and High School.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request for Approval of Change Order No. 1 – Mercury Mechanical Services – HVAC Projects:
The Board of Selectmen reviewed Change Order No. 1 for HVAC improvements to the Coombs School. The change order, $1,300 will allow for a project upgrade of additional thermostats for the new air handler units at the Coombs School. This will offset energy consumption. With the change order, the total cost for the Police Station and Coombs School HVAC improvements is $101,188. Once the new thermostats are installed, the project is complete.
Motion made by Selectman Richardson to approve Change Order No. 1 to the contract with Mercury Mechanical Services for HVAC improvements at the Police Station and Coombs School.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Request of New Seabury Country Club for Temporary Closing:
The Board of Selectmen opened the Public Hearing on the request of New Seabury Properties, LLC d/b/a New Seabury Country Club, Stephen T. Brennan, Manager to close for maintenance, renovations and repairs as follows; Restaurant: January 2, 2012 through March 16, 2012 (Restaurant will re-open on Fridays and Saturdays only March 16th) Snack Bar: January 5, 2012 through March 31, 2012.
A representative of New Seabury Country Club was in attendance for discussion purposes. Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the request of New Seabury Properties, LLC d/b/a New Seabury Country Club to close for annual maintenance, renovations and repairs, and to re-open as stated.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Request of Popponesset Inn for Temporary Closing:
The Board of Selectmen acting as the Licensing Authority opened the public hearing on the request of New Seabury Properties, LLC, d/b/a Popponesset Inn, Stephen T. Brennan, Manager, to close for maintenance, renovations, and repairs as follows: Restaurant: January 1, 2012 through March 31, 2012 (Restaurant will re-open for functions beginning April 1, 2012)
A representative of Popponesset Inn was in attendance for discussion purposes. Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Richardson to approve the request of New Seabury Properties, LLC d/b/a Popponesset Inn to close for annual maintenance, renovations and repairs, and to re-open as requested.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Holiday Lighting Display at Rotary:
The Board of Selectmen expressed appreciation to Jim Vaccaro and Chris Ball on behalf of the Mashpee Community Concert Committee for the impressive holiday lighting display at the Mashpee Rotary.
Affordable Housing Trust/Affordable Housing Committee Workshop:
A workshop is scheduled on Tuesday, December 6, 2011 with the Affordable Housing Trust, the Affordable Housing Committee and Paul Ruchinskas of the Cape Cod Commission to discuss affordable housing and the use of mitigation funds. The meeting begins at 6:30 p.m. in conference room #1 of the Mashpee Town Hall.
OLD BUSINESS:
Determination of Project Eligibility Under the Local Initiative Program (LIP), 6 Park Place Way and 9 Park Place Way:
Correspondence was received from Victoria Goldsmith, Executive Director of Habitat for Humanity of Cape Cod dated November 14, 2011 announcing the Town’s application for the determination of project eligibility under the Local Initiative Program (LIP) for the proposed 2012 Scattered Site Housing-Mashpee project has been approved for the development of (2) homeownership units. The project addresses are 6 and 9 Park Place Way, Mashpee.
Motion made by Selectman Cahalane to acknowledge and accept the approval letter for the Local Initiative Program as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISON REPORTS:
School: Appreciation was given to the Mashpee High School football team for their tremendous season. Preliminary budget discussions began today.
Mashpee Cares:An initiative to address the many challenges facing youth. The mission statement is complete, and the survey has been disseminated to gain solid data based on community opinion.
Library: A brunch sponsored by the Friends of the Mashpee Public Library will be held on December 15th. A dinner dance is planned by the Library Trustee’s in February. Further information is forthcoming.
Waterways Commission: Discussion ongoing with regards to the aquaculture farm and its location and also with regards to the development of certain criteria and sites for the development of future of aquaculture farms in the Town of Mashpee.
WBNERR: A workshop was recently conducted to seek interest and methods to promote community education. In addition to scheduling instruction sessions at WEBNERR, the use of town websites, and web seminars was considered as a method of disseminating information.
EDIC: The EDIC Board is scheduled to meet jointly with the Town of Falmouth and Community Opportunities Group on December 14th to review the draft Five-Year Business Plan.
Special Events: The Christmas Parade is scheduled to begin at 5:30 p.m. at the Mashpee Library on Saturday the 10th. The MHS football team will have a float this year. In addition to the football team win, there has been a lot of enthusiasm to the Mashpee Rotary holiday lighting display.
Adjournment:
Motion made by Selectman O’Hara to adjourn at 7:25 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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