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December 3, 2007
AGENDA
        BOARD OF SELECTMEN
MONDAY, DECEMBER 3, 2007


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

        MINUTES

        Approval of the following:
                Monday, November 19, 2007 Regular and Executive Sessions

APPOINTMENTS & HEARINGS
6:30    Public Comment
6:40    Request of New Seabury Country Club and Popponessett Inn
        to Temporarily Close for Annual Maintenance/ Renovations
6:50    Annual Liquor License Renewals
7:00    Public Hearing – Tax Classification Hearing

COMMUNICATIONS & CORRESPONDENCE

1)      Barnstable County Commissioners – NOAH Telethon
2)      Wind Tower Report

OLD BUSINESS

NEW BUSINESS

1)      Recommendation for Appointment – Affordable Housing Trust
-       EDIC Representative
-       Housing Authority Representative
-       Finance Committee Representative
-       Affordable Housing Committee
2)      Acceptance of Resignation – Board of Health Member


LIAISON REPORTS


EXECUTIVE SESSION

Board of Selectmen
Minutes
December 3, 2007

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

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

                MINUTES:

                Monday, November 19, 2007 Regular and Executive Sessions:

                Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, November 19, 2007 as presented.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

APPOINTMENTS AND HEARINGS:

Public Comment: None at this time.

COMMUNICATIONS & CORRESPONDENCE:

Barnstable County Commissioners – NOAH Telethon:

The Barnstable County Commissioners remitted correspondence to the Selectmen dated November 19, 2007 regarding the 4th Annual NOAH Telethon Give the Gift of Home for the Holidays.  On December 19th from 5-9 pm, the telethon will air live on local access channels and on the web at www.communitymediacenter.org.

NOAH Center is the only emergency shelter for those who find themselves homeless on Cape Cod and the Islands.  In January 2007, 904 citizens of the Cape region were counted as homeless.  A gift of $45 would care for one person for one day at the NOAH facility.

Wind Tower Report:

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

René Read, Assistant Town Manager distributed information to the Board relative to the Renewable Energy Research Laboratory report as it relates to sites most compatible for a wind tower location.

The Heritage Park recreational facility on Route 130 is noted to be a favorable site and most compatible with FAA restrictions.  Additional sites include the school site(s) and possibly Town Hall.

Motion made by Selectman Taylor to request MTC to complete a more detailed analysis on the three referenced sites for additional review and consideration.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Roads Not Plowed by the Town:

A listing of roads not plowed by the Town of Mashpee is posted on the Town’s website www.mashpeema.gov.  The Director of Public Works also remits notification to the residents who would not receive plowing services provided by the municipality.

NEW BUSINESS:

Recommendation for Appointment – Affordable Housing Trust:

Correspondence was received from the Town Manager dated November 29, 2007 relative to individuals expressing interest to serve on the Affordable Housing Trust.  The Affordable Housing Committee has recommended the establishment of a Trust to improve upon affordable housing and to generate interest in volunteerism.  It was noted the Blue Ribbon Comprehensive Committee also voted to support the creation of an Affordable Housing Trust.  The Trust, a nine member board would have the ability to sustain and disburse housing funds, a function the Town’s Affordable Housing Committee lacks the authority to do.

Motion made by Selectman Cahalane to appoint the following to the Affordable Housing Trust;
        Selectman Representative Theresa Cook
        Selectman Representative John Cahalane
        Selectman Representative Don Myers
        Selectman Representative Chuck Green
        Selectman Representative Wayne Taylor
        EDIC Representative Mary LeClair
        Housing Authority Representative Richard Halpern
        Finance Committee Representative Sandra Lindsey
        Affordable Housing Committee Representative Kalliope Egloff
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

The member-at-large position is presently being advertised.

Acceptance of Resignation – Board of Health Member:
        
A letter of resignation was received from Lewis Mantel resigning from the Board of Health effective November 2, 2007.

Motion made by Selectman Taylor to accept the letter of resignation from Lewis Mantel dated November 2, 2007 with regret.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0.

                APPOINTMENTS AND HEARINGS:

Request of New Seabury Country Club and Popponessett Inn to Temporarily Close for Annual Maintenance/Renovations:

Stephen T. Brennan, General Manager of New Seabury Properties was in attendance to request the Selectmen approve the closing of The Club at New Seabury on January 2, 2008 through February 14, 2008 for annual maintenance and the closing of the snack bar (lower level of clubhouse) from January 2, 2008 through March 31, 2007 for annual maintenance and renovations.

Additionally, Mr. Brennan requested the Selectmen approve the closure of the Popponessett Inn restaurant from January 1, 2008 through March 31, 2008 for annual maintenance.

Motion made by Selectman Cahalane to accept the request of New Seabury Country Club and Popponessett Inn to close for annual maintenance and renovations as specified.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

LIAISON REPORTS:

It was noted the School Department is conducting due diligence on the fiscal year 2009 budget.  The budget is anticipated to be submitted to the Town Manager on or before December 20, 2007.

There have been ongoing problems with the use of all terrain vehicles (ATV’s) on Town owned land.  The Police Department is expected to increase patrol and monitoring presence.

Discussion followed regarding the Land Steward Program.  The Environmental Oversight Committee (EOC) is evaluating the feasibility of creating a Town lands volunteer stewards corp.  Volunteers would work in conjunction with the Town to provide status information, conduct minor trail maintenance, identify problematic areas, etc for Town owned parcels of open space.

                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 in accordance with posting requirements.

The Selectmen were advised that all liquor license holders are in full compliance with the Police Department, Fire Department, Building Department, Board of Health and Tax Office as of December 3, 2007.
All liquor license holders have submitted proof of Workers’ Compensation Insurance as mandated by the State.

Package Store License – All Alcohol:

Andy’s Market
The Barn
Best Buy Beverage, Inc.
Liberty Liquors
Seabury Spirits

Motion made by Selectman Cahalane to approve the renewal of the above referenced Package Store Licenses – All Alcohol.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Package Store License – Wine & Malt:

Mashpee Mart

Motion made by Selectman Cahalane to approve the renewal of the above referenced Package Store License – Wine & Malt.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Annual All Alcohol Restaurant:

Bleu
Bobby Byrne’s
Café Trevi
Carbo’s Grille & Bar
Finally Dino’s
Heather
99 Restaurant
New Seabury County Club
Paper Moon
Quashnet Valley Country Club
Siena
Soprano’s
Taylor Family Restaurant

Motion made by Selectman Cahalane to approve the renewal of the above referenced Annual All Alcohol Restaurant Licenses.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

It was disclosed that Cherrystones Restaurant has not submitted a liquor license renewal request to date.

Annual Restaurant – Wine & Malt:

Zoe’s

Motion made by Selectman Cahalane to approve the renewal of the above referenced Annual Restaurant – Wine & Malt License.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

Annual All Alcohol Innholder:

Popponessett Inn
Zachary’s Pub

Motion made by Selectmen Cahalane to approve the renewal of the above referenced Annual All Alcohol Innholder Licenses.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Annual All Alcohol Commercial Club License:

Willowbend Country Club

Motion made by Selectman Cahalane to approve the renewal of the above referenced Annual All Alcohol Commercial Club License.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

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

With reference to occupancy limitations and the increase in wine tasting functions, the Selectmen agreed to remit correspondence to all retailers of occupancy related wine tasting regulations in effect.

Public Hearing – Tax Classification Hearing:

Selectman Cahalane stepped down for the above referenced Hearing.

The Board of Selectmen opened the Public Hearing on whether the Town of Mashpee should implement the Classification Act.  At the Hearing, the Selectmen shall hear testimony as to what will be the fiscal year 2008 residential factor which will determine the share of taxes each classification of property will pay, what will be open space factor, and whether there will be a residential exemption and/or a small business exemption.

The Hearing notice was read aloud in accordance with posting procedures.

Jason Streebel, Director of Assessing was in attendance for discussion purposes.  Correspondence was received from Mr. Streebel dated November 27, 2007 regarding the Tax Rate Classification.

Last year, the tax rate was $5.84 per $1,000 valuation.  The recommended tax rate for this year is $6.58 per $1,000 valuation.  It was noted the Water District has increased the tax rate by $0.01 to $0.18 per $1,000 valuation.  The recommended tax rate of $6.58 excludes the Water District tax.  

The Board of Assessor’s after careful review recommended the Selectmen adopt a tax rate factor of 1 for all classes of property with no residential exemption and no small business exemption.

Revenue to be raised in FY08 from the tax increase is $52,769,255.47.  An average single home assessment of $513,000 would be required to pay a tax in the amount of $3,375 at the single rate of $6.58 per $1,000.

It was agreed the Selectmen would conduct a workshop session on the Tax Rate and related Classification on a yearly basis six months prior to the annual tax classification public hearing.

Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  4-0.
Selectman Cahalane absent for vote.

Motion made by Selectman Myers to adopt a tax rate Factor of “1” for all classes of property with no Residential Exemption and no Small Commercial Exemption and set the rate at $6.58 per $1,000 property valuation subject to the review of the DOR.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.
Selectman Cahalane absent for vote.

Adjournment:

Motion made by Selectman Taylor to adjourn at 7:16 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing a litigation update and contract negotiations.  The Board will not resume in Open Session.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

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

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen