AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 6, 2004
6:30 P.M. – Convene Meeting – Conference Room 1
MINUTES
Acceptance of the Following:
Monday, November 1, 2004 Regular & Executive Sessions
Monday, November 15, 2004 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Renewal of Annual Liquor Licenses
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
7:15 Chamber of Commerce – License Plate Grant Program
COMMUNICATIONS & CORRESPONCE
OLD BUSINESS
1) Agreement with AFCEE for Cranberry Bog Management
NEW BUSINESS
1) Recommendation for Bid Extension – Landscaping Services
2) Recommendation for Appointment – Zoning Board of Appeals Associate Member
3) Recommendation for Appointment – Member at Large Capital Improvement Committee
4) Recommendation for Appointment – Selectmen Designee Capital Improvement Committee
5) Recommendation for Appointment – Historical Commission
6) Acceptance of Resignations – Council on Aging (2)
7) Recommendation for Appointment – Council on Aging (5)
8) Request for Approval – Change Orders #8 and #9 – Senior Center
9) Acceptance of Retirement – Police Sergeant
10) Review & Execution of Agreement for Designer Services – J. Stewart Roberts Architects
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 6, 2004
Present: Selectman Cahalane, Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Absent: Selectman Marsters, Selectman Myers
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1.
MINUTES:
Monday, November 1, 2004 Regular and Executive Sessions:
Motion made by Selectman Taylor to approve the Regular and
Executive Session minutes of Monday, November 1, 2004 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Monday, November 15, 2004 Regular and Executive Sessions:
The above referenced minutes were deferred for quorum purposes.
APPOINTMENTS AND HEARINGS:
Public Comment:
Edward Baker, Captain’s Row was present to request the Selectmen take an active role to improve the water quality of the Mashpee River. Mr. Baker indicated that the recently completed Popponesset Bay Estuary Report does not offer solutions to improve the water quality of the river. It was noted that water quality assessments showed a high level of nutrient related stress on the Mashpee River. He requested access to the data used to complete the study. In response, the Selectmen agreed to obtain a copy of the data file for Mr. Baker to review.
In other business, Ed Larkin of Kettle Lane remitted letters of support to the Board in favor of the appointment of Al Todino as Chief of Police. Mr. Larkin urged the police-search committee to make an expedited decision and propose Mr. Todino’s nomination to the Board of Selectmen.
Jerry Blumengarten, Red Cedar Road complimented the Town on its new website. He also suggested the Charter be reviewed for compliance.
Renee Lopes-Pocknett, Meetinghouse Road discussed the recent incident involving her husband, and the physical damage inflicted upon him by the police that were witnessed by her family members. Ms. Pocknett told the Board that she was recently harassed by members of the police department and is fearful for her safety.
Public Hearing – Renewal of Annual Liquor Licenses:
Joyce Mason, Town Manager opened the Public Hearing on the renewal of all annual liquor licenses in the Town of Mashpee.
Ms. Mason read aloud the Public Hearing notice as published and reported the following Town of Mashpee Liquor License Holders to the Board of Selectmen for approval;
Package Store License – All Alcohol:
Andy’s Market
The Barn
Liberty Liquors
Liquor Warehouse
Mashpee Wine & Spirits
Package Store License – Wine & Malt:
Fresch & Holsum’s
Annual Restaurant Wine & Malt:
Zoe’s
Annual Inn/Hotel All Alcohol:
Popponesset Inn
Zachary’s Pub
Annual Restaurant All Alcohol:
Bleu
Bobby Byrne’s Pub
Carbo’s Grille & Bar
Cherrystones
Finally Dino’s
The Flume
Jade
99 Restaurant & Pub
New Seabury County Club
Quashnet Valley Country Club
Siena
Willowbend
For disclosure, it was noted that all liquor license holders are in compliance with the Plumbing Inspector, Gas Inspector and Police Department.
All liquor license holders are in compliance with the Building Inspector except, the Popponesset Inn. (Inspection scheduled: 12/3/04)
All liquor license holders are in compliance with the Fire Inspections except, the Popponesset Inn. (Inspection scheduled: 12/3/04)
All liquor license holders have submitted proof of Workers’ Compensation Insurance as mandated by the State.
License renewal paperwork was not forwarded to Giovanni’s as the license was revoked by the Selectmen on November 1, 2004.
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. 3-0.
Motion made by Selectman Taylor to renew the above referenced Town of Mashpee Liquor License Holders as read by the Town Manager.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Motion made by Selectman Taylor to schedule a Public Hearing on the Popponesset Inn within (30) days. If the compliance matters have been corrected, the Public Hearing shall be cancelled.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Public Hearing – New Seabury Properties LLC to Close for a Period of more than 30 Days – New Seabury Country Club:
The Town Manager opened the Public Hearing and read aloud the notice on the request of New Seabury Properties, LLC, d/b/a New Seabury Country Club, Stephen T. Brennan, Manager, to close from January 2, 2005 through February 10, 2005 for annual renovations and repairs.
Stephen Brennan, general manager was present to discuss the request of New Seabury Country Club to close for annual renovations and repairs. Mr. Brennan noted that the facility has scheduled painting and the replacement of carpets during the requested closure.
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. 3-0.
Motion made by Selectman Taylor to approve the request of New Seabury Properties, LLC, d/b/a New Seabury Country Club, to close from January 2, 2005 through February 10, 2005 for annual renovations and repairs as disclosed.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Public Hearing – Request of New Seabury Properties LLC to Close for a Period of More than 30 Days – Popponesset Inn:
The Board of Selectmen acting as the Licensing Authority 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, 2005 through March 31, 2005 for annual renovations and repairs.
The Public Hearing notice was read aloud by Joyce Mason, Town Manager. Stephen Brennan, Manager was present to discuss the closure request on behalf of New Seabury Properties. Renovations to the facility include the installation of carpet and painting.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Green to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Motion made by Selectman Green to approve the request of New Seabury Properties, LLC, d/b/a Popponesset Inn, Stephen T. Brennan, Manager, to close from January 1, 2005 through March 31, 2005 for annual renovations and repairs.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Public Hearing – Tax Classification:
The Board of Selectmen met in joint convention with members of the Mashpee Water District Commission for the purpose of soliciting comments on the allocation of the tax levy by classification of property.
The Public Hearing notice was read aloud by the Town Manager. Selectmen Cahalane indicated that he would step down for the hearing. Due to lack of quorum, the Selectmen agreed to continue the Public Hearing.
Motion made by Selectman Taylor to continue the Public Hearing to hear public comments on the allocation of the tax levy by classification of property to Wednesday, December 8, 2004 at 6:30 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
The Mashpee Water District also voted in agreement to continue the hearing as referenced.
NEW BUSINESS:
Review and Execution of Agreement for Designer Services – J. Stewart Roberts Architects:
The Board of Selectmen was requested to approve the AIA Agreement between the Town of Mashpee and J. Stewart Roberts Associates, Inc. of Somerville, MA to provide architectural design services for the Mashpee Public Library.
It was noted that Town Counsel Patrick Costello has reviewed the agreement to form. It was recommended the Selectmen approve the agreement and authorize Part 1 of design services.
Part One services consist of program review and schematic design of a 21,500 square foot new library, and preparation of supporting materials for inclusion in a construction grant application to the Massachusetts Board of Library Commissioners.
Motion made by Selectman Taylor to approve and execute the Agreement for Designer Services between the Town and J. Stewart Roberts Associates, Inc. for Part One Services: Schematic Design – Tasks I & II as outlined in the RFP in the amount of $26,500 as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
COMMUNICATIONS AND CORRESPONDENCE:
MMA – Annual Conference:
January 7th & 8th, 2005
Selectmen interested in attending may register through the Selectmen’s Office.
OLD BUSINESS:
Agreement with AFCEE for Cranberry Bog Management:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Late-filed correspondence was presented to the Selectmen regarding the cranberry bog management agreement extension which has been approved by the Conservation Commission.
Motion made by Selectman Green to approve a one-year extension of the Agreement with AFCEE for cranberry bog management as outlined.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Copies of the agreement will be presented to the Selectmen for full disclosure.
APPOINTMENTS AND HEARINGS:
Chamber of Commerce – License Plate Grant Program:
Patrick Murphy, Mashpee Chamber of Commerce was present to request the Selectmen remit a letter of support for the Chamber’s Letter of Intent submitted to the Cape and Island’s License Plate Grant Program.
The Mashpee Chamber of Commerce has been selected to participate in the second phase of the review process. The deadline for submitting the proposals is December 15, 2004.
Motion made by Selectman Green to send a letter of support on behalf of the Mashpee Chamber of Commerce application submitted to the Cape and Island’s License Plate Grant Program.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Recommendation for Bid Extension – Landscaping Services:
Gregory Taylor, Public Works Director was present to recommend the Board approve the one-year bid extension for the landscaping of various Town buildings to The Capescaper.
The total bid with option #1 amounts to $25,700 for the period of 1/1/05 to 12/31/05. The Capescaper, Dom Crupi has worked favorably for the Town in the past.
Motion made by Selectman Taylor to approve the one-year extension of the Landscaping Bid for the period of 1/1/05 to 12/31/05 to The Capescaper in the amount of $25,700 as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Zoning Board of Appeals Associate Member:
Correspondence was received from the Zoning Board of Appeals dated November 18, 2004 recommending the appointment of Jonathan Furbush as associate member.
Motion made by Selectman Taylor to appoint Jonathan Furbush as an associate member of the Zoning Board of Appeals as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Member at Large Capital Improvement Committee:
Nancy Jo Goulart, former CIP member-at-large requested consideration to be appointed to the Capital Improvement Committee.
Motion made by Selectman Taylor to appoint Nancy Jo Goulart to the Capital Improvement Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Recommendation for Appointment – Selectmen Designee Capital Improvement Committee:
Motion made by Selectman Cahalane to designate Selectman Wayne Taylor as a member of the Capital Improvement Committee.
Motion seconded by Selectman Green.
VOTE: Unanimous. 2-0.
Selectman Taylor abstained.
Selectman Green offered to serve as an alternate member to the CIP Committee.
Recommendation for Appointment – Historical Commission:
Correspondence was received from Sunny Merritt dated July 19, 2004 expressing interest in becoming a member of the Historical Commission.
Ann Whitlow, Chair of the Historical Commission remitted a letter of recommendation to the Selectmen dated November 17, 2004 requesting her appointment.
Motion made by Selectman Green to appoint Sunny Merritt to the Historical Commission.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Acceptance of Resignations – Council on Aging (2):
The Board of Selectmen was in receipt of resignations from Mariam Mullin and Regina Godfrey from the Council on Aging.
Motion made by Selectman Taylor to accept with regret, the resignation of Mariam Mullin and Regina Godfrey from the Council on Aging.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
NEW BUSINESS:
Recommendation for Appointment – Council on Aging (5):
A special meeting of the Council on Aging held November 22, 2004 nominated five individuals to fill the vacancies on the Council on Aging.
Motion made by Selectman Taylor to appoint; Virginia McIntyre, Marilyn Brooks, Irving Goldberg, Rose Shanker, Arthur Eisenberg to the Council on Aging.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Request for Approval – Change Orders #8 and #9 – Senior Center:
Motion made by Selectman Taylor to approve Senior Center Change Order #8 in the amount of $3,465 as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Motion made by Selectman Green to approve Senior Center Change Order #9, a credit in the amount of $7,965.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Acceptance of Retirement – Police Sergeant:
Correspondence was received from Deputy Chief of Police Al Todino dated November 29, 2004 relative to the disability retirement of Police Sergeant Leo F. Perry, Jr.
The matter was received for notification purposes. The acceptance of retirement did not require action by the Board of Selectmen.
Adjournment:
The Selectmen agreed to defer Executive Session due to lack of full voting quorum.
Motion made by Selectman Taylor to adjourn at 7:20 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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