AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 9, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, March 26, 2007 Regular and Executive Sessions
Monday, April 2, 2007 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Finally Dino’s - Update
6:50 Public Hearing – Application for Retail Package Store Liquor License Transfer Best Buy Beverage, Inc. to Shreeji Krupa, LLC
7:00 Executive Session
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
1) Application of Armenian Church of Cape Cod – Vigil on April 22, 2007
2) Review and Execution of Agreement – AFCEE / Quashnet Bogs
3) Recommendation for Appointment – Leisure Services Advisory Council
4) Recommendation for Appointment – Cape Cod Regional Solid Waste Contract Committee
5) Massachusetts State Franchising Bill
6) Barnstable County – House Bill #3965 – The Green Communities of 2007
7) Acceptance of Resignation – EDIC
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
1) Final Report
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 9, 2007
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 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, March 26, 2007 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, March 26, 2007 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Monday, April 2, 2007 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Monday, April 2, 2007 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Application of Armenian Church of Cape Cod – Vigil on April 22, 2007:
A special events application was received from Ara H. Ishkanian dated
March 23, 2007 requesting the Selectman approve the second annual
Armenian Genocide Vigil to remember the victims of 1915 and victims of all genocides in the 19th to 21st centuries. Mr. Ishkanian explained the event would promote public awareness. Last year, approximately thirty participants gathered at the Community Park for the remembrance ceremony.
Correspondence was received from the applicable Town agencies without objection to the use of the Community Park for this type of service on April 22, 2007. A request for temporary signage was included in the special events application.
Motion made by Selectman Cook to approve the Special Events Application of the Armenian Church of Cape Cod to hold a Vigil on April 22, 2007 at the Mashpee Community Park as referenced.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Review and Execution of Agreement – AFCEE/Quashnet Bogs:
Steven Solbo, Conservation Agent was in attendance to review the Agreement between the Town of Mashpee and Air Force Center for Environmental Excellence (AFCEE) for the Quashnet Bogs. Correspondence was received from AFCEE dated March 5, 2007 with respect to this regard.
The budget incorporated into the Agreement for the purpose of establishing the total costs and the amount of AFCEE funding necessary for the 2006 growing season is set as follows;
10.54 acres x 165 barrels/acre x $44.30/barrel x 10% profit/barrel = $7,704.22.
Discussion followed regarding the future of the Quashnet River bogs. It was agreed the matter would be deferred to the next meeting. Representatives from AFCEE would be invited to attend the Selectmen’s Meeting on April 23, 2007 to further review and clarify issues regarding this concern.
APPOINTMENTS AND HEARINGS:
Finally Dino’s – Update:
The Board of Selectmen opened the Public Hearing continued from
February 26, 2007 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 on the matter regarding compliance as it relates to the Massachusetts Fire Safety Act requiring automated sprinkler systems by the date of November 15, 2007.
Mr. Mitrokostas, Manager of Finally Dino’s was in attendance to discuss the matter of compliance with the Board of Selectmen. It was noted the initial fire protection firm withdrew from obligations to install a fire suppression system. To date, a new firm Vincent Engineering of Dennis, MA has been secured by Mr. Mitrokostas to install an automatic wet pipe sprinkler system at the referenced establishment. A copy of a letter from Vincent Engineering dated April 5, 2007 was presented to the Selectmen.
George Baker, Fire Chief indicated that Finally Dino’s is presently in compliance with the Night Club Safety Act and has by November 15, 2007 by state statute to install a complete fire sprinkler system. Mr. Baker confirmed the plans presently on file are in compliance. If the plans are amended, they must be submitted to the Fire Department for review and approval.
The Selectmen agreed to continue to monitor the progress of the automated sprinkler system installation at Finally Dino’s.
Motion made by Selectman Myers to continue the Public Hearing on Finally Dino’s to Monday, September 10, 2007 at 6:40 p.m.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Application for Retail Package Store Liquor License Transfer Best Buy Beverage, Inc. to Shreeji Krupa, LLC:
Selectman Cook stepped down for the above agenda topic review.
The Board of Selectmen opened the Public Hearing on the application of Best Buy Beverage, Inc., for a Transfer of Annual All Alcoholic Package Store License to Shreeji Krupa LLC, Chetna H. Patel, Manager, 16 Echo Road, Mashpee.
Arthur DePaul, President of Best Buy Beverage was in attendance with Mahendra and Chetna Patel to discuss the transfer request with members of the Board of Selectmen. It was noted that all necessary paperwork is in order for the Selectmen’s approval. The license application includes a Pledge of License to the seller Best Buy Beverage, Inc., Arthur DePaul.
It was noted the establishment is anticipated to be run in the same manner, retaining the existing staff personnel.
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 Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
Motion made by Selectman Cahalane to approve the application of Best Buy Beverage, Inc., for a Transfer of Annual All Alcoholic Package Store License to Shreeji Krupa LLC, Chetna H. Patel, Manager and Pledge of License to Best Buy Beverage, Inc.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent.
NEW BUSINESS:
Recommendation for Appointment – Leisure Services Advisory Council:
Correspondence was received from Robert Tippo dated March 1, 2007 expressing interest to serve on the Leisure Services Advisory Council. Communication from Gus Frederick, Director of Leisure Services advised of the letter of request and recommended approval of the appointment.
Motion made by Selectman Myers to appoint Robert Tippo to the Leisure Services Advisory Council.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Recommendation for Appointment – Cape Cod Regional Solid Waste Contract Committee:
The Selectmen were in receipt of correspondence from Greg Smith of the Cape Cod Commission dated March 30, 2007 recommending the Town appoint a designee to the Cape Cod Regional Solid Waste Contract Committee. Mr. Smith suggested a designee be the town manager or a selectman member to review issues associated with the Cape’s existing contract with SEMASS.
Discussion followed regarding the potential appointment of Catherine Laurent, the Assistant DPW Director as a result of her comprehensive understanding of the SEMASS operation.
It was agreed the matter would be placed on the Selectmen’s agenda of April 23, 2007 for additional consideration of this matter.
NEW BUSINESS:
Massachusetts State Franchising Bill:
The Selectmen received information regarding the pending statewide cable franchising bill that would allow Verizon to bypass local officials completely. The proposed bill would require the state to grant Verizon a single state issued franchise agreement that would allow them to select the communities they serve. The information regarding this matter was sent to the Selectmen via email from Mary O’Keeffe Senior Manager of Government/Community Relations dated March 30, 2007.
Motion made by Selectman Cahalane to take no position on the proposed cable franchising bill.
Motion seconded by Selectman Green.
VOTE: 3-2. Motion carries.
Selectman Cook, Selectman Myers in opposition.
Barnstable County – House Bill #3965 – The Green Communities of 2007:
Maggie Downey, Cape Light Compact Administrator submitted correspondence to the Town Manager dated March 31, 2007 requesting a letter of support of the comments the Cape Light Compact will submit on April 2, 2007 regarding House Bill #3965 – The Green Communities Act of 2007. The Act as proposed would reduce the amount of energy efficiency funds available to Cape Cod and Martha’s Vineyard by 50% and potentially adversely impact the Cape Light Compact’s power supply program.
Due to the lack of detailed information and late filing to solicit comment, the Board deferred action with respect to this regard.
COMMUNICATION AND CORRESPONDENCE:
Acceptance of Resignation – EDIC:
Motion made by Selectman Cahalane to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
The Selectmen were in receipt of a letter of resignation from Martin Harper of the Economic Development Industrial Committee (EDIC). Mr. Harper represented the industrial/commercial development aspect of the EDIC.
Motion made by Selectman Cahalane to accept with regret, the resignation of Martin Harper from the EDIC Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
BLUE RIBBON COMMITTEE UPDATE:
At the Selectmen’s last meeting, the Blue Ribbon Comprehensive Committee (BRCC) submitted its final report to the Board of Selectmen. Recommendations of the BRCC and the current status of findings and accomplishments were contained in the report.
The BRCC has recommended the Selectmen continue to move forward with a Chairman’s Advisory Council in similar format to the BRCC to conduct continued review of unfinished items raised by the BRCC and to consider other issues that affect the town and to foster communication of said activities between the respective parties on a monthly basis.
The Selectmen agreed to conduct independent review of the BRCC report and its findings. A Selectmen’s Meeting in May would allow the Board to jointly review the report and the intended scope and membership of a chairman’s advisory council.
Adjournment:
Motion made by Selectman Green to adjourn at 7:37 p.m.
The Board will enter into Executive Session for the purpose of discussing contract negotiations. The Board will not resume in Open Session.
Motion seconded by Selectman Cook.
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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