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Finance Committee Minutes, 09/22/2011

FINANCE COMMITTEE – PUBLIC SESSION
Mashpee Town Hall – Conference Room 1

Minutes from the Meeting of Thursday, September 22, 2011

Committee Members Present:      Members Absent: Also Present:
Christopher Avis, Chairman              George Schmidt  Joyce Mason, Town Manager
Charles Gasior, Vice Chairman   James Condon    Tom Mayo, Asst. Town Manager
Mark Davini, Clerk
Robert Chalker
Oskar Klenert

CALL TO ORDER
Chairman Christopher Avis called the meeting to order at 6:39 PM.

APPROVAL OF MINUTES
Mark Davini made a motion that the minutes from the Finance Committee meeting held on 9/08/11 be approved as presented.  Robert Chalker seconded the motion.  The motion was unanimously approved.

GUEST SPEAKER
The guest speaker invited to attend to comment on Article 23 regarding the sale and application of lawn fertilizers containing phosphorous was unable to attend the meeting.

OLD BUSINESS   
  • Vote on Remaining Articles to be Recommended for Approval – Charles Gasior
Article 2.  Authorization of Appropriation of Funds for the Waterways Commission
This article has been moved up to be included in Article 2 and was voted for approval by the Committee at the 9/08/11 meeting.

Articles 11 & 12 –Proposed Use of Landfill for a Solar Panel Project – Tom Mayo
Article 11.   Tom Mayo stated that the article is to allow the BOS to enter into an agreement with American Capital Energy for the use of the landfill property for solar generation.  Tom Mayo stated that American Capital Energy won the RFP, and the town is in the process of negotiating a contract with the company for a 10-year lease.  At the end of the 10 year lease, the town can elect to continue the lease, purchase the equipment, or discontinue the project.

Article 12 is to allow the BOS to enter into an agreement with American Capital Energy and execute documents permitting the construction and operation of a 1.83 megawatt electricity generating facility, in lieu of property tax payments to the town.

Charles Gasior made a motion that the committee recommend approval of Article 11.   Christopher Avis seconded the motion.  The motion was unanimously approved by a 5-0 vote.   Note: Only five of the seven committee members were in attendance and voted at this meeting.

Mark Davini made a motion that the committee recommend approval of Article 12.  Bob Chalker seconded the motion.  The motion was unanimously approved by a 5/0 vote.  Note:  Only five of the seven committee members were in attendance and voted at this meeting.

Article 14.  Charles Gasior stated that this is a new article, to see if the Town will vote to authorize the BOS to prepare a plan laying out a defining Holly Way, Elm Lane, Autumn Drive, Attaquin Street, Poknomet Street, Hornbeam Lane, Lantern Lane, Beachwood Drive, Hemlock Drive, and Fir Court, and to vote to raise and appropriate or transfer from available funds for appropriation $15,000 to the Timberland Shores Roadway Account.  This article will authorize the BOS to prepare a plan laying said ways for conversion from private to public ways. This is a necessary step in the over-all cleanup of Santuit Pond.

Chris Avis asked whether the abutters had been informed of the article whomay be unaware of the plan, and suggested the possibility that some form of communication could be sent to the abutters prior to the Town Meeting.  Charles Gasior stated that this article is just the first step, and in the interim, public hearings will take place in May, 2012 before the second step takes place.    

Mark Davini made a motion that the committee recommend approval of Article 14.  Charles Gasior seconded the motion.  The motion was approved by a vote of 4/1.  Note:  Only five of the seven committee members were in attendance to vote at this meeting.  Christopher Avis voted against recommendation of the article because of his feeling that abutters should be notified prior to the October 17th Town Meeting.

Article 15 has to do with the allocation of Community Preservation Act Funds into the various 10% accounts.  At the 9/08/11 meeting, the committee voted 6/1to approve recommendation of the article.  George Schmidt voted nay, because he endorsed funding of the third mandatory set aside for open space funds.

Article 16 has to do with the allocation of $357,000 of Community Preservation Act Funds for the
purchase of six solar circulators to assist in the remediation of Santuit Pond.  At the 9/08/11 meeting, the committee voted 4/1 to approve recommendation of the article.  Robert Chalker voted nay because there is no scientific evidence that the solar circulators will work to fix the problem and he is against spending the money on something that is not a sure thing.  Mr. Chalker agreed, if called upon, to elaborate his feelings at the Town Meeting.  George Schmidt recused himself from the vote because he lives on Santuit Pond.  Oskar Klenert abstained from the vote because he was awaiting a legal opinion from Town Counsel on the use of these funds for this purpose.  

Article 19 has to do with authorizing amendments to the zoning by laws regarding development agreements.  Oskar Klenert made a motion that the Committee approve recommendation of Article 19.   Charles Gasior seconded the motion.  The motion was approved by a vote of 5/0.  Note: Only five of the seven committee members were in attendance to vote at this meeting.

Article 22 is a resident petition requesting that the Town construct a bike path on Old Barnstable Road, starting at Rt. 151 and going to the Falmouth Town Line.  Charles Gasior stated that the article does not specify a funding source to build the bike path.  Mark Davini stated that the wording in the article “ giving the BOS the authority to design and construct” is too broad, and needs to be more specific. Oskar Klenert felt that the bike path was definitely a necessity, but that the petition needs to be rewritten.

Christopher Avis made a motion to approve recommendation of Article 22.  Mark Davini seconded the motion.  Discussion followed.  Charles Gasior stated his feeling that this is a worthwhile project, and asked the question as to whether the Old Barnstable Road bike path would be eligible for a Chapter 90 project, which would bear investigation.  

The committee voted 1-4 against approval to recommend Article 22.  Note:  Only five of the seven committee members were in attendance to vote at this meeting.  The four negative voters agreed that the petition article needs to be reworded.

Article 24.  This article has to do with the adoption of a regulation regarding the sale and application of lawn fertilizers, submitted by a resident petition.  Mark Davini stated that there are alternate options available to fertilizers containing phosphorous, and asked for suggestions as to the downside to the regulation.  Charles Gasior stated his feeling that the article needs more public hearing, and that enforcement of the regulation by the Board of Health would be very difficult.

Mark Davini made a motion that the Committee recommend approval of Article 24.  Charles Gasior seconded the motion.  The motion was denied by a vote of 3/2 against approval.  Note:  Only five of the seven committee members were in attendance to vote at this meeting.  Robert Chalker voted against approval, stating his feeling that the regulation is overkill.  Charles Gasior voted no because of the problems relating to lack of a mechanism for enforcement of such a regulation.  Oskar Klenert voted no because he does not like the process.

Article 25.  This article was approved for recommendation by the committee at their 9/08/11 meeting.

Article 26.  Charles Gasior made a motion to defer approval for recommendation of this article to the Town Meeting.  Oskar Klenert seconded the motion.  The motion was approved by a vote of 5/0.

NEW BUSINESS
  • Transfers.  There were no transfers.
  • Liaison Reports.  
Robert Chalker – attended the last Board of Selectmen’s Meeting – all issues were covered in tonight’s  meeting.
Oskar Klenert – met with the Town Planner.  

DISCUSSION
Christopher Avis stated that an Appropriations Report will be added to future committee agendas.
Mark Davini reported expense of a $200 membership fee to the Association of Town Finance Committees.

NEXT MEETING
The next meeting of the Finance Committee is scheduled for Monday, October 17, 2011, at 6:00 PM, to be held in the Mashpee High School Library, prior to the Town Meeting.   As there was no further business, the meeting was adjourned at 7:55 PM.

Respectfully submitted,




Ina G. Schlobohm
Recording Secretary