AGENDA
BOARD OF SELECTMEN
MONDAY, MAY 2, 2011
6:00 p.m. - Convene Meeting – Mashpee High School
(Room E125 – Main Office Conference Room)
MINUTES
APPOINTMENTS & HEARINGS
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- Special & Annual Town Meeting Warrants – Discussion of Motions
- Proclamation – Vicki Vieira
MMR ISSUES
EXECUTIVE SESSION
- Affordable Housing Association of New England v. Mashpee Zoning Board of Appeals
Board of Selectmen
Minutes
May 2, 2011
Present: Selectman Cook, Selectman Cahalane, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Attendee: Town Counsel Patrick Costello
Meeting Called to Order by Chairman Cook at 6:00 p.m.
Mashpee High School – Main Office Conference Room, E125
The Board of Selectmen met prior to the Annual Town Meeting to discuss motions pertaining to the warrant articles and other required business.
EXECUTIVE SESSION:
Motion made by Selectman Taylor to adjourn at 6:01 p.m. The Board will enter into Executive Session at this time for the purpose of discussing pending litigation as it relates to the Affordable Housing Association of New England (AHA-NE) v. the Mashpee Zoning Board of Appeals.
The Board will reconvene in Open Session following discussion.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Meeting re-convened: 6:16 p.m.
NEW BUSINESS:
Proclamation – Vicki Vieira:
Motion made by Selectman Cahalane to ratify the Proclamation to announce Victoria Vieira Day in the Town of Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
In honor of Victoria Vieira’s dedicated service to the Town of Mashpee for the past thirty-five years, the Chairman of the Board of Selectmen will read into the record, the Proclamation naming May 3, 2011 as Victoria Vieira Day in the Town of Mashpee.
Special & Annual Town Meeting Warrants – Discussion of Motions:
Joint Meeting with Finance Committee:
Motion made by Selectman Cahalane to discuss the Special and Annual Town Meeting warrants jointly with the Finance Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #23: Petition Article to appropriate $25,000 to establish a Security Deposit Revolving Loan Fund to assist Mashpee residents to attain affordable housing.
The petition article was deemed an appropriation article. If it were to pass, and in the event a specific funding source is identified, the Town would maintain the ability to determine who would administer said funds.
Article #6: Special Town Meeting Article – To appropriate and transfer from the Community Preservation Fund, $25,000 for the purpose of funding (1) Habitat for Humanity of Cape Cod affordable home located at 12 Russell Road, Mashpee.
The article was deemed an appropriation article for a particular project.
It was noted the Board of Selectmen held the article to obtain a decision from the ZBA with respect to the comprehensive permit required for the project. Town Counsel is expected to assist the ZBA in drafting a decision. Upon review, it was agreed the appropriation of funds would be contingent upon the issuance of a comprehensive permit.
The following language as recommended by Town Counsel was incorporated into the motion as follows;
Subject, however to the issuance of a comprehensive permit by the ZBA pursuant to M.G.L. Chapter 40B and the issuance of all other necessary permits and approvals by the Town.
Motion made by Selectman Cahalane to support Article 6 as amended with the above reference condition.
Motion seconded by Selectman Richardson.
VOTE: 4-1. Motion carries.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, no
Selectman Sherman, yes Opposed, (1)
The Finance Committee joined the Board of Selectmen at 6:26 p.m., and motioned unanimously in a roll call vote to conduct the joint meeting.
Discussion followed with respect to Article 6 as it relates to the proposed Habitat for Humanity home to be located on Russell Road. It was noted that Community Preservation Funding would not be utilized to purchase the land for the home. This was also a stipulation imposed by the Community Preservation Committee when recommending this article.
Petition Articles 26 and 27 relative to appropriating $320,000 to the Santuit Pond Preservation Account from existing Community Preservation funds and also from the Town to purchase Solar Circulators to prevent algae blooms degrading the pond was reviewed.
Town Counsel advised that only the Community Preservation Committee makes recommendations as to how the funds are expended. Therefore, Article 26 is out-of-order. With regards to Article 27, the Commonwealth of MA is required to conduct a comprehensive review approve the issuance of a Ch. 91 permit under the waterways statute.
It was noted that after the petition article is read into the record, the Friends of Santuit Pond may request indefinite postponement of the article as it is written.
With regards to the solar circulators, it was disclosed the Town of Mashpee has filed a joint application with the Friends of Santuit Pond to request Community Preservation funding. The matter is before the CPC Committee tomorrow evening. If the application makes advancement to the October 2011 Town Meeting, the Town will apply to the Commonwealth for the Ch. 91 permit.
For clarification purposes, Article 4 of the Annual Town Meeting to appropriate $1,500,000 to improve the infrastructure of various Town buildings contains specific projects outlined in the Capital Improvement Program. The list of projects was identified and prioritized by the Planning Construction Committee. The project derived from the recent Town Buildings Needs Assessment approved by the voters and funded by the CIP program.
A brief discussion followed with respect to the solid waste presentation to be made at Town Meeting to educate the voters on solid waste disposal options. A non-binding referendum appears on the May 7, 2011 ballot asking the voters to consider the various options for the collection and disposal of waste as the cost of solid waste disposal is expected to increase significantly in the future as long-term contracts expire.
Town Counsel indicated the PowerPoint presentation is intended to be presented for informational purposes, and it may be able to assist the voters. In Town Counsel’s opinion, the presentation will not advocate for or against any of the options under the ballot question. Therefore in his opinion, the presentation is not “political” in nature.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 6:43 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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