AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 5, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, January 22, 2007 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Paula Schnepp – Update on Cape Cod Free Clinic
6:40 Finally Dino’s (cont’d from 12/18/06)
6:50 Public Hearing – Tree Removal on Great Neck Road South
7:05 Public Hearing – Tree Removal on Route 130
7:20 Public Hearing – Taylor’s Family Restaurant
Application for Entertainment License
COMMUNICATIONS & CORRESPONDENCE
1) Massachusetts Motorcycle Association – State Motorcycle Safety Awareness
- Proclamation
- Request for Sign Placement
OLD BUSINESS
1) Waterways Commission Report – Update on Mashpee River
NEW BUSINESS
1) Affirmative Action Committee – Proclamation - No Place for Hate
2) NSTAR – Jeff Luce
3) Law Dawgs – Annual Memorial Ride
4) Recommendation for New Policy – #52 Mileage Reimbursement
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 5, 2007
Present: Selectman Taylor, Selectman Cook,
Selectman Cahalane, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager Renè Read
Absent: Selectman Myers
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, January 22, 2007 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
Minutes of Monday, January 22, 2007 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Paula Schnepp – Update on Cape Cod Free Clinic:
Due to scheduling conflicts Paula Schnepp was unable to meet with the Board of Selectmen. It was noted the Cape Cod Free Clinic and Community Health Center is continuing its capital campaign to fund the new 10,000 square foot facility in Mashpee. Construction is anticipated to begin this spring at the Commercial Street location.
NEW BUSINESS:
Law Dawgs – Annual Memorial Ride:
Representatives from the Law Dawgs Motorcycle Club were in attendance to request the Selectmen approve the fourth annual memorial motorcycle ride and blessing held in the name of the late Corporal William Paolini, Sr., a veteran of the Mashpee Police Department.
The fund raising event is scheduled to be held on Saturday, May 5, 2007 following the same arrangements as last year, staging the event at the Mashpee High School with a reception to follow at the end of the ride.
In the event of rain, the function will be held on Saturday, May 12, 2007.
Motion made by Selectman Cahalane to approve the annual fund raising event of the Law Dawgs Motorcycle Club on Saturday, May 5, 2007 contingent upon proper regulatory approvals with a rain date of May 12, 2007.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
NSTAR – Jeff Luce:
For informational purposes, Jeff Luce, NSTAR Community Relations & Economic Development Specialist was in attendance to discuss plans to provide system balance at the substation off Orchard Road, Mashpee. Additional work to the existing substation is intended to provide good, safe and reliable energy strictly for system reliability and balance.
It was noted that preliminary meetings have been held with the Fire Chief and Director of Public Works with respect to this regard. Material safety data was also disseminated to the Selectmen for additional review.
APPOINTMENTS AND HEARINGS:
Finally Dino’s (cont’d from 12/18/06)
The Board of Selectmen opened the Public Hearing continued from December 18, 2006 on the annual liquor license renewal of Barnstable
Pizza & Pasta Co., Inc. d/b/a Finally Dino’s, Constantinos Mitrokostas, Manager to show cause why the Board should not suspend, revoke or cancel the annual alcohol restaurant license renewal application.
The Hearing notice was read aloud in accordance with posting requirements. Constantinos (Dino) Mitrokostas was in attendance as was Fire Chief George Baker to discuss the matter of non-compliance with members of the Board of Selectmen. The Massachusetts Fire Safety Act passed in November 2004 requires all nightclubs, dance halls, bars and similar venues with occupancy over 100 to install automated fire suppression systems. The Act has given establishments three years for compliance.
It was noted that Selectmen Cook invoked the rule of necessity to hear and discuss the referenced matter on December 18, 2006 due to lack of voting quorum. As a result, Selectman Cook remained seated to continue this discussion.
The Selectmen at their meeting of December 18, 2006 agreed to renew the annual all alcoholic restaurant license of Finally Dino’s until the date of February 5, 2007. A temporary license was granted by the Board of Selectmen on the condition that Mr. Mitrokostas achieve substantial progress in the required sprinkler installation work.
Mr. Mitrokostas was in receipt of plans from the fire suppression firm hired to conduct the necessary work. Mr. Mitrokostas indicated the permitting process was a misunderstanding on his part. In response, Fire Chief Baker reviewed the permit process in detail with Mr. Mitrokostas.
Chief Baker indicated that he would not sign off on an occupancy permit until he is in receipt of the permit application and related permitting fee. Mr. Mitrokostas was noted to be working on some firewall remedies that also need to be inspected successfully before an occupancy permit is issued.
Mr. Mitrokostas noted that he filed an appeal with the State Fire Marshall’s Office on February 1, 2007, however, the appeal was denied since the matter of reference is beyond the 45 day filing requirement.
It was noted Finally Dino’s is presently closed for annual clean-up purposes and is scheduled to re-open on Thursday if issues regarding the permitting process have been successfully completed and approved by the Fire Chief.
Motion made by Selectman Cook to continue the Public Hearing on Finally Dino’s to Monday, February 26, 2007 at 6:40 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Public Hearing – Tree Removal on Great Neck Road South:
The Board of Selectmen opened the Public Hearing for the purpose of receiving comments relative to the removal of shade trees from a public way in conjunction with the construction of a bikeway/walkway on Great Neck Road South.
The Hearing notice was read aloud in accordance with posting procedures. Greg Taylor, Director of Public Works was present to discuss the assessment of shade trees proposed to be removed along the 2.5 mile bike path length. The pathway will span from the existing pavement along Great Neck Road South at Godfrey Road to the Children’s Museum. One large tree, 14.9” pitch pine, deemed tree number #42 is recommended for removal from the pathway footprint.
Margaret Fitzgibbon, 701 Great Neck Road South asked if the Town has plans to continue the bikeway/walkway to Red Brook Road. If the bikepath were to be extended, Ms. Fitzgibbon requested consideration to erect a stone wall in front of her property to retain the elevated soil. It was noted that future plans for the bikeway/walkway extension remove a tree in front of her property. In response, it was noted the bikeway/walkway was pre-designed using mitigation funds through the Cape Cod Commission. Plans to continue the bikeway/walkway have not been designed to date.
Being no more comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cahalane to endorse the construction of a
bikeway/walkway along Great Neck Road South, Mashpee as a continuation from Godfrey Road to the Children’s Museum.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Public Hearing – Tree Removal on Route 130:
The Board of Selectmen opened the Public Hearing for the purpose of receiving comments relative to the removal of shade trees from a public way in conjunction with the construction of a bikeway/walkway on Route 130 in Mashpee.
The Hearing notice was read aloud. Copies of the plans and list of trees to be removed are on file in the Office of the Board of Selectmen. The Director of Public Works was in attendance with a representative from VHB design. Two large trees are proposed for removal along the intended route.
The recommended bikeway/walkway plan in the area of Heritage Park would cross to the east side of Route 130 at Nicoletta’s Way and continue along the eastern side of the road to Pickerel Cove Road.
Business owner Robert Maffei of Nicoletta’s Way related safety concerns with respect to the crossing of the bikeway/walkway at Nicoletta’s Way. Mr. Maffei indicated that he is concerned with the safety of children as large trucks exit from this area.
In response, Greg Taylor indicated the crossing on Route 130 at the present location is the safest site for the crossing according to VHB design engineers.
Peter Thomas, Bass Cove Circle spoke on behalf of the residents of Pickerel Cove. Mr. Thomas indicated that 99% of the residents prefer the placement of the bikeway/walkway on the east side of Route 130. The area as depicted for the crossing is deemed a controlled and safe area. Mr. Thomas indicated the experts have chosen a safe place to cross Route 130 and the project is long overdue. It was noted the west side of the road contains mainly commercial sites.
Abutters of 575 Main Street stated that Route 130 is a very dangerous road. There are a lot of accidents and many commercial vehicles traverse the road. The western side of the road was recommended as the preferred site location for the new pathway. A resident of Sturgis Lane cited great benefit to the bikepath and crosswalk as proposed. Issues regarding safety for a sidewalk in the area of Nicoletta’s Way and access to the Heritage Park facility were noted to be favorable for the area residents having children.
Mr. Maffei also suggested that brick be used in front of his facility to not detract from the landscape in front of the Maffei building. Mr. Maffei indicated he is willing to work with the Town to protect the area for the safety of the children.
Correspondence was received from Janet and Domingo Tiexeira 567 Main Street and Henry and Kay Desrosiers 561 Main Street in support for the bikepath proposal on the eastern side of the road. 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 Green.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cook to endorse the construction of a bikeway/walkway along Route 130 as presented, and give the DPW leverage to make modifications at the crosswalk if it were to make a difference.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Public Hearing – Taylor’s Family Restaurant – Application for
Entertainment License:
Selectman Taylor stepped down for the above referenced Hearing.
Vice-Chairman Cook presided. The Board of Selectmen opened the Public Hearing on the application of Taylor Holdings, Inc., Ellen Taylor, Manager, 13 Lake Avenue, Mashpee for an Entertainment License to include: 2 televisions, recorded music, live music (no more than 2 musicians).
The Hearing notice was read aloud according the posting requirements.
Ellen Taylor, Manager of Taylor’s Family Restaurant was present to discuss the entertainment license request with the Board of Selectmen.
Ms. Taylor indicated that she would like to offer entertainment for special events and functions. Due to limited space in the restaurant, there would not be more than two musicians at the facility.
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 Green.
VOTE: Unanimous. 3-0.
Selectman Taylor absent.
Motion made by Selectman Cahalane to grant an Entertainment License to Taylor Holdings, Inc., d/b/a Taylor Family Restaurant, Ellen Taylor, Manager. The addition of an Entertainment License shall include live music, no more than 2 musicians, 2 televisions, and recorded music.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Selectman Taylor absent.
NEW BUSINESS:
Affirmative Action Committee – Proclamation – No Place for Hate:
Affirmative Action Committee member Steven Peters was in attendance to request the Selectmen support a Proclamation to pledge the Town of Mashpee would maintain a policy of zero tolerance for hate crimes and will do its best to interrupt prejudice and stop those who, because of hate, would hurt, harass, or violate the civil rights of anyone.
Mr. Peters indicated the committee meets the fourth Tuesday of each month. Several events are being planned to help promote a recognition towards re-certifying the Town of Mashpee as a “No Place for Hate” and to encourage diversity.
Motion made by Selectman Cook to adopt the Proclamation to declare Mashpee as a Town of “No Place for Hate”.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
COMMUNICATIONS AND CORRESPONDENCE:
Massachusetts Motorcycle Association – State Motorcycle Safety Awareness: Proclamation/Request for Sign Placement:
Correspondence was received from the Massachusetts Motorcycle Association dated January 18, 2007 requesting the Selectmen Proclaim to participate in the State’s Motorcycle Safety and Awareness period, the last week of March through the last week of April, appoint a public safety official to work in coordinating this effort, and allow the placement of a 2’x8’ sign at a location to be determined.
Motion made by Selectman Cahalane to proclaim March 26, 2007 through April 23, 2007 to be Motorcycle Awareness Period, support the sign’s placement in accordance with the Town’s Code and appoint a public safety official as requested, subject to the endorsement of the Mashpee Chief of Police.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
OLD BUSINESS:
Waterways Commission Report – Update on Mashpee River:
Correspondence was received from Jim Hanks; Chair of the Waterways Commission dated January 20, 2007 regarding the Mashpee River.
Mr. Hanks will be requested to meet before the Selectmen when the modeling results become available.
COMMUNICATIONS AND CORRESPONDENCE:
Selectmen’s Goals & Action Plan:
It was agreed the Board would conduct review of Selectmen’s Goals and Action Plan in the upcoming weeks. Input would be sought from the department heads regarding first year objectives.
Budget Recommendations:
The Selectmen were in receipt of budget recommendations from the Town Manager. The draft will be reviewed at the next scheduled Selectmen’s Meeting.
NEW BUSINESS:
Recommendation for New Policy - #52 Mileage Reimbursement:
The Mileage Reimbursement Policy was presented to the Selectmen for review and approval. It was agreed a copy would be disseminated to all Town employees.
Motion made by Selectman Cook to approve and adopt the Town of Mashpee Mileage Reimbursement Policy No. 52.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
MMR ISSUES:
Recent activities at the base include the closing of the Sandwich gate. It is now locked from 12:00 a.m. to 5:00 a.m. Procedures are currently being considered for emergency access. The main gate in Bourne is manned and open on a 24 hour basis.
In other business, the clean-up process is moving forward. It was noted the Senior Management Board is looking towards wind turbines as a source of power for treatments conducted at the MMR.
Adjournment:
Motion made by Selectman Cook to adjourn at 8:05 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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