AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 23, 2007
6:30 p.m. - Convene Meeting - Conference Room 1
MINUTES
Approval of the following:
Friday, June 29, 2007 Executive Session
Monday, July 9, 2007 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Mashpee Water District/ Town Counsel
COMMUNICATIONS & CORRESPONDENCE
1) October Town Meeting Warrant
OLD BUSINESS
1) Conservation Land Donation
NEW BUSINESS
1) Barnstable County HOME Consortium
2) Planning Board’s Representative to the Community Preservation Act Committee
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
1) Membership
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 23, 2007
Present: Selectman Cook, Selectman Cahalane, Selectman Myers,
Selectman Green, Selectman Taylor
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Friday, July 29, 2007 Executive Session:
Motion made by Selectman Myers to approve the Executive Session
minutes of Friday, July 29, 2007 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Monday, July 9, 2007 Regular and Executive Sessions:
Motion made by Selectman Myers to approve the Regular and
Executive Session minutes of Monday, July 9, 2007 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS AND CORRESPONDENCE:
October Town Meeting Warrant:
Draft #1 of the Annual Town Meeting Warrant dated Monday, October 15, 2007 was reviewed by the Board of Selectmen. It was recommended that all articles contain the full amount intended for appropriation. It was agreed the Finance Committee would be invited to attend the next Selectmen’s Meeting to conduct a full review of the October Warrant. The following action was taken.
Article (3) To create additional positions to assist in staffing the South Mashpee Fire Station. The article proposes to fund the addition of (6) firefighter positions to start January 1, 2008. An initiative to phase the additional staffing request was considered by the Board. The article was deferred to the Selectmen’s August 6, 2007 meeting for additional review and consideration with the Fire Chief.
Article (4) To fund the construction of a fuel depot to be located at the Mashpee Department of Public Works. The fuel depot will consist of above ground fuel tanks that will serve all Town departments. It was agreed the article would be removed from the Warrant and considered a priority to fund under the Capital Improvement Program (CIP).
Articles submitted by the Community Preservation Committee were reviewed. It was noted a slot is being held for the Mashpee Village recapitalization project. The Mashpee Village project has received grant funding to assist with the rehabilitation proposal. State funds from DCHD require an allocation of $300,000 from Town of Mashpee CPA funds. The CPC Committee is expected to re-consider the proposal for this use of CPA funds at their August 14, 2007 meeting.
Article (14) was submitted by the Town Clerk relative to the tracking of yard sales during a calendar year. The Town Clerk will be requested to submit additional information to the Board for additional review at their next meeting.
October Town Meeting Warrant Review:
Several zoning article amendments submitted by the Planning Board were contained in the October Warrant. The Town Planner and a representative from the Planning Board would be requested to attend the August 6th meeting to further clarify the zoning articles. With reference to the bylaw to amend the definition of “personal kennel”, it was noted there is a discrepancy between the article as proposed and the petition article presented by lead petitioner David Harsch regarding the age requirement. This matter will be further reviewed at the next meeting.
The Selectmen decided to invite members of the Historic District Study Committee to attend the August 6th meeting to review the article relative to the creation of a Historic District Commission. It was disclosed that a public hearing was held with respect to this regard.
The Conservation Commission presented two articles regarding land acquisition with the requirement that the state’s Self-Help reimbursement grant funding award be obtained.
The petition articles and the end of the Warrant were considered. The petitioners will be invited to attend the next Selectmen’s Meeting to further clarify their intentions.
Mashpee Water District/Town Counsel:
Town Counsel Patrick Costello was in attendance with Water District Counsel William Henchy for the purpose of discussing the Town of Mashpee proposed Home Rule Charter Amendment.
Correspondence was received from Bond Counsel Richard Manley, Jr. with respect to the vote taken by the Town under Article 21 of the May 2007 Annual Town Meeting. Attorney Manley has recommended in his letter of July 18, 2007 the Town and Water District seek special legislation to align the elections of the Town and the District, rather than undertaking the effort through a home rule charter amendment.
The Board of Selectmen reviewed the Act proposed by the District to seek special legislation. The Act would authorize the Mashpee Water District to hold elections for Board of Water Commissioner concurrent with the elections for the Town of Mashpee and to preclude amendment of Chapter 136 of the Acts of 1987 by city or town charter. The Act as proposed was read aloud by Town Counsel Patrick Costello. As disclosed,
Section 1. Section 9 of Chapter 136 of the Acts of 1987 is amended as follows: 1. All provisions relative to the date and place of the election of the Board of Water Commissioners are stricken, and in place thereof, the following is added: “Elections for the Board of Water Commissioners shall be held in conjunction with the Mashpee Town Election, and shall be at the same date and at the same place as the Mashpee Town Election. The current term of existing members of the Board of Water Commissioners shall be extended from the second Tuesday in April, 2008, until the date of the Mashpee Town Election in 2008. Thereafter, the term of each elected member of the Board of Water Commissioners shall be for a three year term running from the date of election until the date of the Mashpee Town
Election on the third year following the election of such Commissioner”.
Section 2. Chapter 136 of the Acts of 1987 is amended by adding a new Section 20 to read as follows: 2. Section 20. Charter 136 of the Acts of 1987, as amended by any previous Special Act, shall not be subject to amendment or repeal by the Charter of any city or town in accordance with the provisions of Sections three and four of Article LXXXIX of the Constitution or pursuant to Section 19 or 20 of Chapter 43B of the General Laws, but may only be amended by an Act of the General Court.
Town Counsel Costello explained in his view, the Mashpee Water District is a separate and distinct governmental entity from the Town of Mashpee in which it shares geographical boundaries. If the Water District were to be incorporated into the Town Charter, the Town’s tax levying capacity may be curtailed. The financial implications of Article 21 were discussed.
Attorney Henchy’s concern regarding this matter was addressed in a memorandum to the Selectmen dated July 20, 2007.
The issue was debated. In particular, the Selectmen addressed concern to Section 2 by adding a new Section 20. If adopted, Article 21’s provisions would be effective beginning with the Town election in 2009.
Motion made by Selectman Myers to take no action on this matter on this date.
Motion seconded by Selectman Cahalane.
VOTE: 3-2. Motion carries.
Selectman Cook, Selectman Taylor opposed.
The Selectmen agreed to re-address this matter before the close of the May 2008 Town Meeting warrant. It is the intent of the Board to schedule a public hearing when more information is available to discuss the merits of Article 21 with the voters of the Town of Mashpee.
Motion made by Selectman Green to seek an additional opinion from
an independent bond counsel.
Motion seconded by Selectman Cahalane.
VOTE: 3-2. Motion carries.
Selectman Cook, Selectman Taylor opposed.
OLD BUSINESS:
Conservation Land Donation:
Correspondence was received from the Town Planner dated July 2, 2007 relative to a deed for 9.53 acres of open space recently accepted by the Conservation Commission. The land, known as Lot 13 on Notre Dame Lane is being deeded to the Town under the terms of the state and local zoning requirements applicable to cluster subdivisions.
Motion made by Selectman Taylor to accept the Conservation Land Donation known as Lot 13 on Notre Dame Lane pursuant to MGL Chapter 40, Section 8C.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Barnstable County HOME Consortium:
The Selectmen were in receipt of correspondence from the Barnstable County HOME Consortium dated July 5, 2007 seeking a representative. The Council meets once per month on the third Thursday at 8:30 a.m. in the Town of Barnstable.
The Selectmen agreed to request a recommendation from the Affordable Housing Committee or Mashpee Housing Authority for appointment. The topic will appear on the upcoming Selectmen’s agenda.
NEW BUSINESS:
Planning Board’s Representative to the Community Preservation Act Committee:
Correspondence was received from the Planning Board dated July 9, 2007 recommending the appointment of Myrna Nuey to the Community Preservation Committee. The agenda topic was deferred to the August 20, 2007 meeting.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Membership:
In response to the request for membership to the newly formed Environmental Oversight Committee, the Selectmen acted upon the following. It was noted the Water Commissioners considered the request to appoint a representative of the Water District to serve on the EOC Committee, and declined the invitation as per their memorandum of June 21, 2007.
Motion made by Selectman Myers to amend the make-up of the EOC (7) members to consist of a member of the Board of Selectmen, Planning Board, Shellfish Commission, and (4) Members-At-Large, one of which would be a designee of the School Department.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Myers to appoint the following candidates to the Environmental Oversight Committee:
Edward Baker – Member-At-Large
Ted Theis – Member-At-Large
Lyle R. Hasley – Member-At-Large
Planning Board – Beverly Kane
Shellfish Commission – Richard York
Mashpee Public Schools – Ralph Marcelli – Member-At-Large
(Selectman – Don Myers)
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:09 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing negotiations.
The Board will not reconvene in Open Session.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Myers, yes Selectman Green, abstained
Selectman Taylor, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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