AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 18, 2006
5:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Monday, November 27, 2006 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
5:30 Hearing – Finally Dino’s Liquor License Renewal
5:40 New Seabury Country Club – Close for Annual Maintenance
Popponessett Inn – Close for Annual Maintenance
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Comment Letter
NEW BUSINESS
1) Recommendation for Appointment – Barnstable County HOME Consortium
2) Recommendation for Appointment – Historical Commission
MMR ISSUES
BLUE RIBBON COMMITTEE UPDATE
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 18, 2006
Present: Selectman Taylor, Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Meeting Called to Order by Chairman Taylor at 5:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, November 27, 2006 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, November 27, 2006 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Selectman Cahalane, Selectman Myers absent for vote.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Recommendation for Appointment – Barnstable County HOME Consortium:
Correspondence was received from the Mashpee Affordable Housing Committee dated December 7, 2006 recommending the appointment of John Paone to represent Mashpee on the Barnstable County HOME Consortium Advisory Council.
Motion made by Selectman Cook to appoint John Paone to the Barnstable County HOME Consortium Advisory Council as recommended.
Motion seconded by Selectman Green.
VOTE: Unanimous. 3-0.
Selectman Cahalane, Selectman Myers absent for vote.
NEW BUSINESS:
Recommendation for Appointment – Historical Commission:
A letter of interest was received from Gordon Peters dated November 16, 2006 requesting consideration for appointment to the vacant Historical Commission position. Correspondence was received from the Historical Commission dated December 5, 2006 recommending his appointment.
Motion made by Selectman Green to appoint Gordon Peters to the Mashpee Historical Commission.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 3-0.
Selectman Cahalane, Selectman Myers absent for vote.
APPOINTMENTS AND HEARINGS:
Public Hearing – Finally Dino’s Liquor License Renewal:
Selectman Cook agreed to invoke the rule of necessity to hear and discuss the above agenda topic due to lack of voting quorum.
The Board of Selectmen opened the Public Hearing continued from the last meeting 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 all alcohol restaurant license renewal application.
Constantinos Mitrokostas was in attendance as was George Baker, Fire Chief to discuss the non-compliance matter with the Board of Selectmen.
Selectman Cahalane present: 5:42 p.m.
Chief Baker related concern with respect to the violation relative to fire safety, and the applicant who was notified in November of 2005 to comply with state requirements for an automated sprinkler system by May 15, 2006.
Mr. Mitrokostas on his behalf explained that the violation of the fire suppression requirements was not an intentional act. A firm was hired by the applicant to design and engineer a fire sprinkler system plan for the facility. The firm failed to deliver plans before the statutory deadline. In September, his company employed the services of a different environmental fire protection firm to work to complete the necessary plans.
Mr. Mitrokostas stated in good faith that he intends to begin the necessary work in February 2007. In his opinion, work for the sprinkler system should be completed as defined under the building code before the date of November 15, 2007.
Correspondence was received from the State Fire Marshall dated December 11, 2006 relative to liquor license renewals under Chapter 304. The State Fire Marshall in his memorandum recommended that a jointly signed temporary 106 certificate be issued with the following conditions: 1) the owner shall submit plans for approval by April 15, 2007 to the Head of the Fire Department and 2) the automatic sprinkler system shall be installed prior to November 15, 2007.
Fire Chief, George Baker reluctantly approved the State Fire Marshall’s recommendation.
Selectman Myers present: 5:45 p.m.
Discussion followed regarding the completion date and conditions relative to a temporary permit. It was agreed if substantial progress is not received by February 5, 2007; the matter will be re-evaluated by the Selectmen.
Motion made by Selectman Myers to renew the annual all alcoholic restaurant license of Finally Dino’s from 1/1/07 to 2/5/07 12:00 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to continue the Public Hearing of Finally Dino’s to Monday, February 5, 2007 at 6:40 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Public Hearing - New Seabury Country Club – Close for Annual Maintenance:
Selectman Cook stepped down for the above referenced agenda topic.
The Board of Selectmen re-opened the continued 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.
It was disclosed the manager, Mr. Brennan was not able to attend the meeting. Amy Buckler was in attendance on his behalf to discuss the referenced closure request with the Board of Selectmen.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Myers to close the Public Hearing.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook absent for vote.
Motion made by Selectman Myers to grant the temporary closure 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.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Cook absent for vote.
APPOINTMENTS AND HEARINGS:
Public Hearing – Popponesset Inn – Close for Annual Maintenance:
Selectman Cook stepped down for the above referenced matter.
The Public Hearing continued by the Board of Selectmen was re-opened 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.
On the manager’s behalf, Amy Buckler was present to discuss the closure request with the Board of Selectmen.
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 for vote.
Motion made by Selectman Cahalane to approve 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.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Cook absent for vote.
OLD BUSINESS:
Comment Letter:
The Board of Selectmen agreed to go forward with the comment letter to the Bureau of Indian Affairs relative to pending proposed regulations regarding Gaming on Trust Lands acquired after October 17, 1988. The deadline to make comment is December 19, 2006.
The Board indicated they are moving forward in an effort to protect the interests of the Town and Tribe. The Selectmen expressed concern that attempts to meet with the Tribe on a regular basis have not occurred.
Motion made by Selectman Myers to move forward with the comment letter to the Department of the Interior, Bureau of Indian Affairs, and authorize the Chair of the Board of Selectmen to execute the comment letter as drafted on December 4, 2006 on behalf of the full Board of Selectmen.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Cahalane abstained.
Adjournment:
Motion made by Selectman Cook to adjourn at 6:04 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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