AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 31, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, August 17, 2009 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
Joint Meeting with Finance Committee – October Town Meeting Warrant Review
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
1) Recommendation for Appointment – Conservation Commission
2) Institution of Temporary Hiring Freeze
3) Proclamation – Suicide Prevention Week
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 31, 2009
Present: Selectman Myers, Selectman Cook,
Selectman Cahalane, Selectman Richardson
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Taylor
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
August 17, 2009 Regular & Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, August 17, 2009 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
APPOINTMENTS & HEARINGS:
Public Comment:
Chairman Myers read aloud the following statement;
At the August 17th meeting of the Board of Selectmen, the Board considered an article submitted by the Board of Library Trustees to create additional full-time positions for the Library in anticipation of the opening of the new Library in the Spring of 2010. In 2004, this Board provided its support by authorizing the replacement of the old Library with a modern facility capable of meeting the future needs of a growing Town. That support was reaffirmed in 2006, with an additional debt exclusion that helped the Library to qualify for a state grant. Here we are in 2009 and the building has taken physical form and is progressing rapidly and we all eagerly await the Library’s completion. Offsetting this however is a picture of trying economic times unseen by this Town
in recent history. We have seen an end to growth in our tax base, an unprecedented decline in state revenue and austere or declining Town budgets where tough choices have been required to be made. The Town is faced with a task of a budget deficit of over $300 thousand this year that will require additional tough decisions to be made. The Board cannot in all fairness approve the creation of new positions when we are faced with potentially laying people off. And in fact, the Board has asked departments not to fill open positions and has implemented a freeze on new hiring until the Town’s economic picture improves. Some comparisons have been made between the Library and the recent South Mashpee Fire sub-station; however, what was lost in those comparisons was how the Board and Fire Chief were able to be creative in meeting the initial needs of South Mashpee. Similar to the Library, a long-term staffing plan is developing based on the usage of
the sub-station.
It has always been the Boards policy to utilize the annual budget process involving the Department Heads of the Town, the Town Manager, Finance Committee and Board of Selectmen to create and vet positions within the Town.
While the Library has been and is an emotional issue for many, the Board is forced to remain focused on the overall fiscal condition of the Town and maintain a policy that has helped this Town avoid financial crises and maintain a high level of service to its community.
In response to the Selectmen’s action of August 17th to remove the article submitted by the Library Board of Trustees to create two new full-time Library positions, Library Trustee Jane Dolan read aloud a prepared statement into the record. (enclosed)
Joint Meeting with Finance Committee – October Town Meeting Warrant Review:
The Board of Selectmen met with members of the Finance Committee for the purpose of reviewing the October 19, 2009 Annual Town Meeting Warrant. In attendance were Chuck Gasior, Oskar Klenert, Christopher Avis, Bob Hutchinson, William Johnson and George Schmidt.
Prior to the assessment of the warrant, Joyce Mason, the Town Manager recommended the following line items be decreased to balance the FY 2010 budget to cover the shortfall created by unanticipated reductions in State Aid.
School Budget – Chapter 70 Decrease $ 90,557
Library – Decrease State Library Offset $ 4,808
Police – Decrease Quinn Bill State Reimbursement $111,260
Conservation – Part-time Assistant Position $ 22,681
Human Resources – HR Assistant Full-time to Part-Time $ 29,961
Town Insurance – Reward for Early Payment $ 25,000
Legal & Engineering $ 15,000
DPW – Savings from Step 1 Hires & Vacancies $ 15,000
Total Savings: $314,267
Mrs. Mason indicated the use of exact interest monies was initially considered to fund the offset from the Stabilization Account. In a time of dire fiscal constraints, and after meeting with the Finance Committee, Mrs. Mason stated that it would be in the best interest of the Town as a whole to reduce the departmental budgets as outlined. The Finance Committee indicated they were in agreement with the Town Manager’s recommendation to not use Stabilization funding at this time.
The Board of Selectmen and Finance Committee reviewed Draft #2 of the October Town Meeting warrant dated August 31, 2009. The following decisions were determined;
Article 1: To pay FY 2009 Unpaid Bills - $18.82
Motion made by Selectman Cook to approve Article 1 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: Unanimous. 6-0 in favor.
Article 2: To transfer $314,267 from the Stabilization Fund to
cover the FY 2010 budget shortfall
Motion made by Selectman Cook to remove Article 2 from the October Town Meeting Warrant.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Article 3: To transfer $111,260 from the Police Salary/Wage Account
to the FY 2010 Quinn Bill State Reduction Account
Motion made by Selectman Cook to remove Article 3 from the October Town Meeting Warrant.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Article 4: To transfer $8,000 from the Ambulance Receipts Reserved for Appropriation Account to the Fire & Rescue Department FY 2010 Expense Account to fund training for (1) Firefighter/EMT to the Paramedic level
Motion made by Selectman Cook to approve Article 4 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: Unanimous. 6-0 in favor.
Article 5: To transfer $17,600 from the Ambulance Receipts Reserved for Appropriation Account to the Fire & Rescue Department FY 2010 Expense Account to fund the basic Fire Rescue Program training at the Massachusetts Firefighting Academy for (4) new paramedic firefighters filling unforeseen/unbudgeted vacancies.
Finance Committee member Oskar Klenert recommended the following stipulation be considered; if the employee were to pass the training exam, he or she shall be committed to the Mashpee Fire Department for a minimum of two years. Due to collective bargaining, the proposed stipulation would be considered in future negotiations.
Motion made by Selectman Cook to approve Article 5 with the stipulation as identified.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 5-1 in favor. Mr. Avis opposed.
Article 6: To transfer $100,000 from the Waterways Improvement Fund Account to the Waterways Maintenance Account for maintenance dredging of a Popponesset Bay navigation channel and to complete the funding for permit work as required.
The Selectmen requested the WWC give a more detailed explanation of the proposed article. It is believed the intent of the article is to complete the permitting process for the maintenance dredging of the navigation channel. The Finance Committee requested further information relative to the modeling results and permitting budget.
Motion made by Selectman Cahalane to approve Article 6 with a new
explanation.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 3-1 in favor. Mr. Klenert opposed.
Mr. Gasior, Mr. Schmidt abstained.
Article 7: To set aside the estimated 10% Community Preservation
Act Reserves;
$133,853.63 10% Open Space purposes
$133,853.63 10% Historic purposes
$133,853.63 10% Affordable Housing purposes
$936,975.38 FY 2010 Budgeted Reserve
Motion made by Selectman Cook to approve Article 7 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 8: To transfer from the Community Preservation Act fund;
$34,785 to fund the Preservation of Vital Records. The project will preserve and protect the Town’s historical documents.
Motion made by Selectman Cahalane to approve Article 8 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 9: To transfer from the Community Preservation Act fun; $24,000 to expand the Mashpee Community Garden.
Motion made by Selectman Cook to approve Article 9 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 10: To expand the membership of the Sewer Commission from three to seven members.
Motion made by Selectman Cook to approve Article 10 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
The Finance Committee requested a copy of M.G. L. as it pertains to the appointment. It was noted this is a volunteer commission.
Finance Committee Vote: 6-0 in favor.
Article 11: To reauthorize the Waquoit Bay MEP Account. The article seeks to extend the three-year life of the $23,625 appropriation for an additional three years to allow funding to complete the project.
Motion made by Selectman Cook to approve Article 11 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 12: To grant an easement to Mashpee Commons for stormwater discharge on Town owned property located on Route 151 that is currently used for this purpose.
Motion made by Selectman Richardson to approve Article 12 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 13: To amend the Zoning Bylaw; subsection 174-25.B.(18) of the Table of Use Regulations to add the phrase “dance or gymnastics studios, skating rinks, indoor go-kart facilities” after the term “health clubs”.
Explanation typo: 12th line: to read: B.(20)
Motion made by Selectman Cook to approve Article 15 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 5-0 in favor. Mr. Klenert abstained.
At the request of the Town Planner, Article 13 will appear as Article 15 in the forthcoming new draft.
Article 14: To amend the Zoning Bylaw to allow certain otherwise prohibited sign types in pedestrian shopping plazas in order to increase their commercial viability and visual interest.
Motion made by Selectman Cook to remove Article 14 from the October Town Meeting Warrant.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
It was noted the Selectmen recently formed a Sign Bylaw Review Committee. The new committee is active and presently reviewing all signage. It was agreed the recommendation will be forwarded to the Sign Bylaw Review Committee for consideration.
Article 15: To amend the Zoning Bylaw to eliminate the IC Overlay zoning district and allow those uses currently allowed in that district by Planning Board special permit to be allowed, under the same terms, in all of the I-1 Industrial zoning districts.
Motion made by Selectman Cook to approve Article 15 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 5-0 in favor. Mr. Klenert abstained.
At the request of the Town Planner, Article 15 will appear as Article 13 in the forthcoming new draft.
Article 16: To amend the Zoning Bylaw by adding a new section
174-27.3 Outdoor Lighting. The article would require a lighting plan and specify lighting standards for projects requiring a special permit or subdivision approval.
Motion made by Selectman Cook to approve Article 16 as presented.
Motion seconded by Selectman Myers.
VOTE: 1-3. Motion does not carry.
Selectman Myers, Selectman Cahalane, Selectman Richardson opposed.
It was noted the Building Inspector has not been consulted with respect to this article and enforcement thereof.
Finance Committee Vote: 5-0 in favor. Mr. Johnson abstained.
The article remains on the warrant.
Article 17: To amend the General Bylaw by the addition a new chapter
Chapter 121–Outdoor Lighting. The article would regulate outdoor lighting to prevent adverse impacts on neighboring properties and excessive illumination of our night sky.
Motion made by Selectman Cahalane to remove Article 17 from the October Town Meeting Warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Article 18: To amend the Zoning Bylaw to define contractor yards and contractor bays.
Motion made by Selectman Cook to approve Article 18 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
PETITION ARTICLES:
Petition articles are not proposed by the Board of Selectmen.
Article 19: Proposed Pit Bull Regulation
Motion made by Selectman Cahalane to not support Article 19.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 5-0 to not support. Mr. Avis abstained.
Article 20: To layout and define Bayshore Drive and Brookside Circle
$5,000 to the Bayshore/Brookside Roadways Account
Motion made by Selectman Cahalane to support Article 20 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 21: To layout and define Sunset Strip, Noisy Hole Road, Wilann Road, Claulise Road, $5,000 to the referenced account.
Motion made by Selectman Cahalane to support Article 21 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 22: To accept the layout as a public way of Forest Drive and to transfer available funds $164,819 to the Forest Drive Roadways Account.
Motion made by Selectman Cook to approve Article 22 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 in favor.
Article 23: To authorize the $5,619,300 purchase on behalf of the Conservation Commission, 16 parcels amounting to 38 acres located between Algonquin Avenue, Old Barnstable Road and Nathan Ellis Highway.
Motion made by Selectman Cook to not support Article 23.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 6-0 to not support.
New Article – Town Manager’s Budget Shortfall Recommendation:
It was agreed a new article would be incorporated into the warrant to replace Article 2 and Article 3 previously removed. The article is necessary to cover a shortfall in the FY 2010 budget created by an unanticipated reduction in State Aid after the Town’s operating budget was set by the Town Meeting vote in May 2009.
The line items proposed to be decreased are reflected on page three of this document and outlined in a memorandum from the Town Manager dated August 31, 2009. The new article will appear as Article 2 on the revised warrant.
Motion made by Selectman Richardson to support the Town Manager’s new budget recommendation by decreasing certain line items within the FY 2010 existing budget to make up the shortfall of $314,267.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
The Selectmen requested the School Department be informed of the decision as soon as possible.
Finance Committee Vote: 6-0 in support.
Three Additional Zoning Articles:
In an effort to have the Town of Mashpee designated as a Green Community, three articles were presented to the Selectmen for consideration for placement on the October Town Meeting warrant.
Article: To allow renewable or alternative energy research and development facilities as a principal use in the I-1 Industrial zoning district by right, subject to review and approval by the Plan Review Committee and the Design Review Committee.
Upon review of the proposed article, the Selectmen agreed to incorporate additional language in the article subsection 174-25D.(6) to read: subject to approval by the Plan Review Committee and Design Review Committee. It was also agreed the explanation would include after Plan Review Committee and the Design Review Committee.
Motion made by Selectman Cook to approve the above referenced Article with the amendment for placement on the October Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 4-0 in favor. Mr. Klenert, Mr. Schmidt abstained.
Article: To allow large ground-mounted solar photovoltaic energy
generation facilities as a principal use in Industrial zoning districts by right, subject to review and approval by the Plan Review Committee and the Design Review Committee.
It was agreed the above referenced amendment would also apply to subsection 174-25.H.(12).
Motion made by Selectman Cook to approve the new Article with the amendment for placement on the October Town Meeting Warrant.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Finance Committee Vote: 4-0 in favor. Mr. Klenert, Mr. Schmidt abstained.
Article: To allow building-mounted solar photovoltaic and solar hot water energy generation facilities as an accessory use in all zoning districts.
It was agreed the article would be deferred for further review.
Motion made by Selectman Cahalane to remove the above referenced article from the October Town Meeting warrant.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
The Selectmen are expected to execute the warrant on September 14, 2009.
The Finance Committee adjourned.
COMMUNICATIONS AND CORRESPONDENCE:
Land Stewardship Program:
Michael Talbot is scheduled to attend the September 1st Land Stewardship meeting to discuss landscape and gardening.
NEW BUSINESS:
Recommendation for Appointment – Conservation Commission:
In response to advertisement, a letter of interest was received from Brad Sweet to serve as an associate member of the Conservation Commission. Correspondence was received from the Conservation Agent dated August 24, 2009 confirming the appointment.
Motion made by Selectman Cook to appoint Brad Sweet as an Associate Member to the Conservation Commission.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Institution of a Temporary Hiring Freeze:
Motion made by Selectman Cook to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Motion made by Selectman Cahalane to institute a Temporary Hiring Freeze for all positions on this date, to be reviewed after the October Town Meeting.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Proclamation – Suicide Prevention Week:
Motion made by Selectman Cook to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Cahalane read aloud a Proclamation designating September 6 – 12, 2009 as Suicide Prevention Week in the Town of Mashpee.
Motion made by Selectman Cahalane to proclaim September 6, 2009 through September 12, 2009 as Suicide Prevention Week in the Town of Mashpee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Adjournment:
Motion made by Selectman Cook to adjourn at 8:58 p.m.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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