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December 5, 2005

AGENDA

BOARD OF SELECTMEN

MONDAY,  DECEMBER 5, 2005


6:30 P.M. – Convene Meeting – Town Hall Conference Room 1

MINUTES

        Acceptance of the following:
        
        Monday, November 21, 2005 Regular and Executive Sessions
        Monday, November 28, 2005 Executive Session

APPOINTMENTS & HEARINGS

        6:30    Public Comment
        6:40    Public Hearing – Annual Liquor License Renewals
        6:50    Public Hearing – Request of New Seabury Properties LLC
                to Close for a Period of More than 30 Days – New Seabury Country Club
        6:55    Public Hearing – Request of New Seabury Properties LLC
                to Close for a Period of More than 30 Days – Popponesset Inn
        7:00    Public Hearing – Tax Classification Hearing
        7:15    Barnstable County Human Services – “Baby Boomers”
        
COMMUNICATIONS & CORRESPONCE
        
        1) Human Services Awards

OLD BUSINESS


NEW BUSINESS

1)      Confirmation & Certification of Appointment Process – Assistant Conservation Agent  
2)      Execution of Deed – Peck Property
3)      Order of Taking – Mashpee Place

MMR ISSUES

EXECUTIVE SESSION


Board of Selectmen
Minutes
December 5, 2005

Present:        Selectman Green, Selectman Taylor,
                Selectman Cahalane, Selectman Cook
                Town Manager Joyce Mason

Absent: Selectman Myers

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

                MINUTES:

                Monday, November 21, 2005 Regular and Executive Sessions:

                Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, November 21, 2005 as presented.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

Monday, November 28, 2005 Executive Session:

Motion made by Selectman Cahalane to approve the Executive
Session minutes of Monday, November 28, 2005 as presented.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

APPOINTMENTS AND HEARINGS:

A recent Tribal Council letter concerning the pending federal recognition petition raised questions from Bill Martiros, Cranberry Avenue.  The letter to town residents acknowledged the Tribe is not interested in taking private property from citizens, but it did not state anything about the taking of Town land.  Mr. Martiros had questions regarding the land suit and the potential for the Tribe to pursue Town land and building a casino off Cape.  In response, the Selectmen indicated that a public forum on this matter was scheduled in late November, but was canceled due to scheduling conflicts.  The forum is anticipated to be rescheduled after the holiday season.  Presently, the Town is conducting informal negotiations with the Tribal Council.  Information regarding the recognition process would be available for the public at the open forum.  Mr. Martiros was encouraged to submit questions regarding this concern to the Selectmen.

                COMMUNICATIONS AND CORRESPONDENCE:

                Human Services Awards:

Dino Mitrokostas and Michael and Joan Forde will be recognized by the Human Services Committee at the annual Thanks-for-Giving ceremony on Wednesday, December 7, 2005 at the Mashpee Town Hall.

APPOINTMENTS AND HEARINGS:

Public Hearing – Annual Liquor License Renewals:

Selectman Cook stepped down for the above referenced agenda topic.

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 Office of the Town Manager dated December 1, 2005 listing the Mashpee liquor license holders that have filed for renewal.  Additional correspondence was received from the Building Department, Fire Department and Police Department outlining compliance and/or any current violations with the respective establishments.  Outstanding tax bill payments on several establishments were also disclosed in the memorandum.

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:  3-0.
Selectman Cook absent.

Motion made by Selectman Cahalane to renew the Annual Liquor Licenses of the following establishments:

Package Store License – All Alcohol
Andy’s Market
The Barn
Liberty Liquors
Mashpee Wine & Spirits
Seabury Spirits

                Annual Restaurant Wine & Malt
                Café de la Terre
                Zoe’s

                Annual Inn/Hotel All Alcohol
                Popponesset Inn
                Zachary’s Pub

                Annual Restaurant All Alcohol
                Blue
                Bobby Byrne’s Pub
                Carbo’s Grille & Bar
                Cherrystones
                Finally Dino’s
                Jade
                99 Restaurant & Pub
                New Seabury Country Club
                Quashnet Valley Country Club
                Siena
                Soprano’s
                Willowbend
                
Motion as made to approve the above referenced renewals shall stipulate; issues regarding non-compliance, violations and/or outstanding tax payments due that have not been corrected by the date of December 31, 2005, a Public Hearing would be scheduled to show cause as to why the license should be modified or revoked.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.
Selectman Cook absent.

Confirmation and Certification of Appointment Process – Assistant Conservation Agent:

The Board of Selectmen reviewed the Hiring Certification for the final candidate, Andrew McManus for the position of Assistant Conservation Agent.  Correspondence was received from the Conservation Agent dated November 29, 2005 in support of the appointment.

Motion made by Selectman Cook to confirm and certify the appointment of Andrew McManus to the position of Assistant Conservation Agent.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  4-0.

Execution of Deed – Peck Property:

Correspondence was received from the Town Planner dated November 18, 2005 regarding a 10,000 sq. ft. parcel of land located at 374 Quinaquisset Ave that was offered to the Conservation Commission.  The land is adjacent to other conservation and Town tax taking land and would be a useful addition to the Santuit River conservation area.  It was noted the land is not buildable and the intended donors owe back taxes in the amount of $119.05.  

It was agreed the Selectmen would develop policy regarding land donations that would alleviate additional costs to the Town to acquire any future property.

Motion made by Selectman Taylor to approve and execute the Peck property land donation as shown on Assessors Map 70, Block 77.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Order of Taking – Mashpee Place:

Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  4-0.

Motion made by Selectman Cahalane to approve the Order of Taking for the Mashpee Place property.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  4-0.

APPOINTMENTS AND HEARINGS:

Public Hearing – Request of New Seabury Properties LLC to Close for a Period of More than 30 Days – New Seabury Country Club:

Selectman Cook stepped down for the above referenced Hearing.

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, 2006 through February 10, 2006 for annual renovations and repairs.

The Hearing notice was read aloud in accordance with Public Hearing requirements.  Stephen Brennan was in attendance to discuss the closure request.

Being no comment, the Selectmen motioned to close the Public Hearing.

Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.
Selectman Cook absent.

Motion made by Selectman Cahalane to approve the request of New Seabury Properties, LLC, d/b/a New Seabury Country Club, Stephen T. Brennan, Manager, to close from January 2, 2006 through February 10, 2006 for annual cleaning and renovations.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.
Selectman Cook absent.

Recess: 6:52 p.m. – Meeting Resumed: 6:55 p.m.

Public Hearing – Request of New Seabury Properties LLC to Close for a Period of More than 30 Days – Popponesset Inn:

Selectman Cook stepped down for the above referenced agenda topic.

The Board of Selectmen 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, 2006 through March 31, 2006 for annual renovations and repairs.

The Hearing notice was read aloud in accordance with Hearing requirements.  Stephen Brennan, Manager was in attendance.

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.  3-0.
Selectman Cook absent.

Motion made by Selectman Cahalane to approve the request of New Seabury Properties, LLC, d/b/a Popponesset Inn, Stephen T. Brennan, Manage, to close from January 1, 2006 through March 31, 2006 for annual renovations and repairs.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  3-0.
Selectman Cook absent.

Public Hearing – Tax Classification Hearing:

Selectman Cahalane stepped down for the above referenced agenda topic.

The Board of Selectmen opened the Public Hearing to hear comment on the allocation of the tax levy by classification of property.  The purpose of said Hearing is to solicit comment on whether each classification of property should have a different tax rate or whether the tax rate should be the same for all classifications.

The Hearing notice as read aloud.  John Duffy, Director of Assessing was in attendance for discussion purposes.  It was disclosed, the Mashpee Water District at their meeting of November 3, 2005 voted to adopt a residential factor of 1, and not allow an open space exemption, and not allow a small business exemption, and not allow a residential exemption.  The Board of Assessors also voted to adopt the single tax rate at their last meeting.

If approved, the single tax rate would be $6.34 per $1,000 valuation.  Last year, the rate was $6.49.

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 Cook.
VOTE:  Unanimous.  3-0.
Selectman Cahalane absent.

Motion made by Selectman Taylor to adopt a Residential factor of 1 (Single Tax Rate), and not allow an open space exemption, and not allow a small business exemption, and not allow a residential exemption.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  3-0.
Selectman Cahalane absent.

Barnstable County Human Services – “Baby Boomers”:

James Long, Council on Aging Director was present with Warren Smith Human Services Data Analyst and Steven Brown Department of Human Services Community Coordinator to discuss senior/elder projections in Barnstable County over the next twenty years.

Information regarding the “baby boomers” or persons born between 1946 and 1964 was distributed.  In the year 2008, it is projected that 210 persons would be turning age 60 and become eligible for council on aging services.  

Discussion followed regarding programs and services that could be provided by council on aging services to assist the “baby boomers” to sustain and maintain their health.  Programs such as preventative health screenings, active recreation and housing initiatives were considered.

Adjournment:

Motion made by Selectman Cahalane to adjourn at 7:28 p.m.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  4-0.

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen