AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 11, 2006
6:00 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, December 1, 2006 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:00 Town Counsel Re: Comment Letter
6:30 Public Comment
6:40 Public Hearings
Tax Classification Hearing
Annual Liquor License Renewals
6:50 New Seabury Country Club – Close for Annual Maintenance
6:55 Popponessett Inn – Close for Annual Maintenance
7:00 Watershed Agreement – Don Liptack, Shellfish Constable
7:10 Mashpee Woods Project Update
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Recommendation for Appointment – Board of Assessors
NEW BUSINESS
1) Request of Taylor’s Family Restaurant – Extended Hours for New Years’ Eve
2) Recommendation for Appointment – Blue Ribbon Comprehensive Plan Committee
3) Proclamation – Childhood Cancer Awareness Week
4) Approval of Verizon Petition 06-029
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 11, 2006
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 6:00 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, December 1, 2006 Regular and Executive Sessions:
Motion made by Selectman Myers to approve the Regular and
Executive Session minutes of Monday, December 1, 2006 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 3-0.
Selectman Cook, Selectman Green abstained.
APPOINTMENTS AND HEARINGS:
Town Counsel re: Comment Letter:
Town Counsel, Patrick Costello was in attendance to discuss the draft comment letter to the U.S. Department of the Interior, Bureau of Indian Affairs regarding proposed regulations relative to the implementation of Section 20 of the Indian Gaming Regulatory Act.
It was noted the Board authorized Town Counsel and Special Counsel Guy Martin of Perkins Coie to draft comments on behalf of the Town with respect to the proposed Section 20 regulations. The Bureau of Indian Affairs comment deadline is December 19, 2006. Each Selectman commented on the matter and agreed to defer the decision to formally make comment to the Selectmen’s Meeting on December 18, 2006.
Concern was related with respect to the potential impact of any gaming activities in the Town of Mashpee and on Cape Cod. At this time, the Town is working with the Tribe towards signing a binding agreement to not build a casino in Mashpee or on Cape Cod. The Selectmen have a good working relationship with the Tribe and agreed to request timely comment from the Tribe with respect to this matter.
Correspondence was received from Richard Terry dated December 11, 2006 with respect to this regard. (enclosed)
Public Comment:
Kerry Konstanty commented in support of the Library building project and requested the Board allow the voters to make the decision on what type of Library is most suitable for the needs of Town of Mashpee.
In response, the Town Manager gave an update to the Selectmen and interested public regarding the future Library building. Ms. Mason gave assurance the Town is taking the issue seriously and reviewing all available resources. A full report of findings will be publicly presented in early January.
Public Hearing – Tax Classification Hearing:
Selectman Cahalane stepped down for the above referenced Hearing.
The Board of Selectmen opened the Public Hearing continued from the November 27, 2006 meeting on the issue of allocating the local property tax levy among the five (5) classes of real property and personal property as set forth in Chapter 40, Section 58 of the Massachusetts General Laws for the fiscal year 2007.
The Hearing notice was read aloud in accordance to posting requirements.
Jason Streebel, Town Assessor was in attendance as was Tom Fudala, Water District Commissioner and the Water District’s representing counsel William Henchy.
It was disclosed the Department of Revenue certification was received and final approval is expected this week. The proposed tax rate for 2007 is $5.84 per $1,000 valuation. The proposed tax rate for the Water District is $.017 per $1,000 valuation.
Correspondence was received from the Mashpee Water District Commissioners dated December 11, 2006 indicating at their meeting of December 5, 2006, the Board of Water Commissioners for the Mashpee Water District voted unanimously with one abstention on the following motion relative to the Water District’s FY07 real estate tax classification;
1. Adopt a Residential Exemption of (1)
2. Not allow an Open Space Discount
3. Not allow a Small Business Exemption, and
4. Not allow a Residential Exemption.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cahalane stepped down.
Motion made by Selectman Cook to vote to adopt the following;
1. Adopt a Residential Exemption of (1)
2. Not allow an Open Space Discount
3. Not allow a Small Business Exemption, and
4. Not allow a Residential Exemption.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cahalane stepped down.
It was agreed a workshop session would be conducted in the spring after the budget process to further study the issue of a residential exemption.
OLD BUSINESS:
Recommendation for Appointment – Board of Assessors:
Motion made by Selectman Cook to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Correspondence was received from the Town Assessor via email dated December 7, 2006 regarding the appointment of Greg Frasier to the Board of Assessors. It was noted Mr. Frasier is continuing his services with the Town of Falmouth Board of Assessor’s until the candidates are approved and installed. The Mashpee Board of Assessor’s has recommended his appointment. A letter of interest was received from Mr. Frasier dated November 6, 2006 requesting consideration for appointment.
Motion made by Selectman Cook to appoint Greg Frasier to the Board of Assessors for a term to expire; June 30, 2007.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Annual Liquor License Renewals:
Selectman Cook stepped down for the above referenced Hearing. 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 to posting requirements. Correspondence was received from the Administrative Assistant dated December 5, 2006 relative to the license holders that have filed for renewal.
It was disclosed that all of the liquor license holders with the exception of Finally Dino’s have been inspected and approved by the Building and Fire Departments. All liquor license holders have had successful inspections with the Board of Health and have submitted proof of Workers Compensation Insurance as mandated by the State.
Motion made by Selectman Cahalane to approve and renew the following Package Store License – All Alcohol;
Andy’s Market
The Barn
Best Buy Beverage, Inc.
Liberty Liquors
Seabury Spirits
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Motion made by Selectman Cahalane to approve and renew the following Package Store License – Wine & Malt;
Mashpee Mart
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Motion made by Selectman Cahalane to approve and renew the following Annual All Alcohol Restaurant License;
Bleu
Bobby Byrne’s
Carbo’s Grille & Bar
Cherrystones
Finally Dino’s
Jade
99 Restaurant
New Seabury Country Club
Quashnet Valley Country Club
Siena
Soprano’s
Taylor’s Family Restaurant
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Motion made by Selectman Cahalane to schedule a Public Hearing on the Annual All Alcohol Restaurant License of Finally Dino’s on Monday, December 18, 2006 at 5:30 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Motion made by Selectman Cahalane to approve and renewal the following Annual Restaurant – Wine & Malt;
Zoe’s
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Motion made by Selectman Cahalane to approve and renew the following Annual All Alcohol Innholder;
Popponesset Inn
Zachary’s Pub
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Motion made by Selectman Cahalane to approve and renew the following Annual All Alcohol Commercial Club license;
Willowbend Country Club
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
NEW BUSINESS:
Request of Taylor’s Family Restaurant – Extended Hours for New Year’s Eve:
Selectman Cook stepped down for the above referenced matter.
Ellen Taylor, Taylor’s Family Restaurant was in attendance to request the
Selectmen grant an extension on the liquor license to allow the restaurant to remain open until 1:00 a.m. on New Year’s Eve, 2007.
There was no public comment.
Motion made by Selectman Green to grant a one-day liquor license extension to Taylor’s Family Restaurant to allow the facility to remain open on December 31, 2006 until 1:00 a.m. on January 1, 2007.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
APPOINTMENTS AND HEARINGS:
Public Hearing - New Seabury Country Club – Close for Annual Maintenance:
Selectman Cook stepped down for the above referenced agenda topic of discussion.
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 from January 2, 2007 through February 8, 2007 for annual renovations and repairs.
There was no one in attendance to discuss the closure request with the Board of Selectmen. There was no additional public comment.
Motion made by Selectman Cahalane to continue the Public Hearing to Monday, December 18, 2006.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Public Hearing – Popponesset Inn – Close for Annual Maintenance:
Selectman Cook stepped down for the above referenced agenda topic.
The Board of Selectmen, acting as the Licensing Board for the Town of Mashpee, opened the Public Hearing on the request of New Seabury Properties, LLC, d/b/a Popponesset Inn, Stephen T. Brennan, Manager, to close from January 1, 2007 through March 31, 2007 for annual renovations and repairs.
There was no representative to discuss the requested closure. There was no comment regarding the referenced matter.
Motion made by Selectman Cahalane to continue the Public Hearing to Monday, December 18, 2006.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook stepped down.
Watershed Agreement – Don Liptack, Shellfish Constable:
Representatives from the Cape Cod Conservation District, the Barnstable County Commissioners and Natural Resources Conservation Service were in attendance to discuss the Watershed Agreement between the respective parties that details plans of improvement for the Cape Cod Water Resources Restoration Project. Richard York, the Town’s Shellfish Constable was also present for discussion purposes.
Works of improvement for the project include land treatment practices and adaptive management. The cost sharing rate for the establishment of enduring land treatment practices is 75% of the actual cost of installing the enduring practices in the selected plan for the evaluation unit. Each respective town is to assume 25% of the cost in cash payment or in-kind services such as administrative support, DPW assistance, and police support services for traffic control.
Of the eighty sites in the proposed agreement, three are within the Town of Mashpee. There are two fish-way sites in the area of Santuit Pond and John’s Pond. The third site is storm water related in the shellfish areas of Shoestring Bay.
It was disclosed that all fifteen Cape towns are expected to sponsor the Watershed Agreement to allow the project to proceed. When funding is attained, a second agreement would then be presented to the Selectmen for final review and approval.
Motion made by Selectman Green to approve and execute the
Watershed Agreement as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Mashpee Woods Project Update:
Steven Giatrellis was in attendance with his counsel Kevin Kirrane to discuss the Mashpee Woods project, a Local Initiative Plan (LIP). George Baker, Fire Chief was present for discussion purposes.
The applicant is within the preliminary and conceptual stage of development and is scheduled to meet before the Zoning Board of Appeals on Wednesday, December 13, 2006 to review the comprehensive permit application.
As the project progresses, in-depth engineering plans as required by the ZBA will depict the proposed project in more detail.
The Fire Chief related concern regarding the size of the proposed units and the lack of adequate water pressure in the area for fire protection systems. It was noted the applicant has not met with the Water District to date to discuss how water would be brought to the site.
It was agreed that Chief Baker would remain involved in the process as more detailed plans are developed. The Selectmen would also be updated as further information develops.
NEW BUSINESS:
Proclamation – Childhood Cancer Awareness Week:
A proclamation was presented to the Board for approval to promote childhood cancer awareness.
Motion made by Selectman Cook to adopt and proclaim the week of January 2, 2007 through January 9, 2007 as Childhood Cancer Awareness Week.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Approval of Verizon Petition 06-029:
A Pole Hearing was held on December 7, 2006 to review Verizon Petition No. 06-029 to relocate one (1) joint pole on Jones Road. Correspondence was received from the Assistant Town Manager on the hearing date with respect to this regard.
Motion made by Selectman Cook to approve Verizon Petition No. 06-029 as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMMITTEE UPDATE:
At their last meeting, the Blue Ribbon Committee (BRCC) recommended the Board appoint Edward Baker as an at-large member to obtain active representation to the committee.
Motion made by Selectman Cahalane to appoint Edward Baker to the BRCC as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
It was noted the BRCC presently does not have representation from the Conservation Commission and Board of Health. The Selectmen agreed to draft a letter to the applicable boards requesting the chair or a designee to attend and represent their department the next BRCC meeting on January 18, 2007. An ad hoc EDIC member would also be requested to attend forthcoming meetings.
In other business, the Selectmen were updated on the BRCC’s recommended position of educational coordinator to coordinate environmental educational programs. It was disclosed the matter was presented to the School Committee; however the recommendation did not seem to fit within the purview of the School Department’s current positions so the matter was referred back to the Board of Selectmen.
It was agreed the classification and compensation study committee would consider the position in their report. Findings will be presented to the Selectmen for action and to obtain voter support at the May 2007 Town Meeting.
COMMUNICATIONS AND CORRESPONDENCE:
First Annual Christmas Parade:
The Selectmen expressed appreciation to the organizers of the first annual Christmas parade in the Town of Mashpee. The coordinators will be invited to attend the next Selectmen’s Meeting for recognition.
Adjournment:
Motion made by Selectman Cook to adjourn at 7:45 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing personnel matters and litigation. The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Myers, yes
Selectman Green, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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