AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 22, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
To honor our troops who have died in defending our country, and all those serving our country in the armed forces.
MINUTES
July 8, 2013 Meeting Minutes – Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Capital Projects Update: Cape Cod Tech
7:00 Public Hearing: Oak & Ember, Inc. – New Liquor License
7:10 ABC Disposal – Disposal of Municipal Solid Waste
7:30 Covanta – Disposal of Municipal Solid Waste
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Affordable Housing Discussion – Main Street Village
NEW BUSINESS
- Position Vacancy Request – Mashpee Fire Chief
- October Town Meeting Warrant Review – Draft #1
- Position Vacancy Request – DPW/School Custodian
- Charter Review Committee – Funding Request
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
Contract Negotiations – Clerical, DPW, Administrative Units A, B & C
Board of Selectmen
Minutes
July 22, 2013
Present: Selectman Cahalane, Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Absent: Selectman Richardson, Selectman O’Hara
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Waquoit Meeting Room
MINUTES:
Monday, July 8, 2013 Regular Session:
Motion made by Selectman Taylor to approve the minutes of Monday, July 8, 2013 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
David Capotosto, 117 Captain’s Row indicated that he spoke at the last Selectmen’s Meeting in concern to the Town not maintaining the street lights in the Pirates Cove neighborhood. Mr. Capotosto stated that it appears some residents are required to pay for street lighting, and others not. In his opinion, this is a clear case of discrimination towards second class citizens who reside on private roads.
In other matters, Dr. Edward Thomas of Quashnet Valley Estates indicated that although he is a part-time resident he has concern in the matter of safety with regards to the lack of sidewalks on Lowell Road. Dr. Thomas stated that it is a dangerous area to walk to the two playgrounds which could be rectified with a single sidewalk to the area schools.
Board of Selectmen
Minutes
July 22, 2013
APPOINTMENTS & HEARINGS:
Capital Projects Update – Cape Cod Tech:
Cape Cod Regional Technical (CCRT) School Superintendent Robert Sanborn was in attendance with Erin Orcutt, School Business Administrator to review building needs associated to the technical school located in the Town of Harwich. Mr. Sanborn indicated the vocational school is seeking to begin a partnership with the Massachusetts School Building Assistance (MSBA) bureau to conduct major building renovations and upgrades.
After completing a building assessment study in 2010, it has been determined the building envelope consisting of windows, casings, doors, exterior stairs and roofing are in need of replacement. Interior work includes replacing several wall partitions, flooring throughout the building, ceilings, interior stairs, baluster rails, lockers and storage space are reportedly in need of upgrade and improvement. Also required are updates to adhere to ADA compliance codes.
Most of the fixtures are generally original to the 1975 building. The major renovation components include plumbing, HVAC, and electrical. Proposed for immediate action are the replacement of existing protection relays and the installation of new emergency breakers.
The MSBA program requires towns in each vocational district to match the MSBA’s investment before the onset of work. It is estimated the Cape Cod Technical School would receive a 47% reimbursement rate from the MSBA. Currently, 649 students are enrolled in the vocational program. If funding is obtained, the monies from the participating towns would be included in the normal budget assessment process.
Mr. Sanborn indicated that in accordance with The Regional Agreement, the current procedure to incur debt must be approved by a majority of the registered voters in the member towns voting.
It was disclosed the vocational school has submitted to MSBA, Statements of Interest for the past four years, and it is hopeful the school would achieve eligibility status to conduct a feasibility study. It was noted the study would be funded through the CCRT budget process.
Board of Selectmen
Minutes
July 22, 2013
COMMUNICATIONS & CORRESPONDENCE:
Clearing of Vegetation – Route 151/Old Barnstable Road:
It was reported the Town would be clearing vegetation for a sewer line along Route 151 and in the area of Old Barnstable Road this week.
NEW BUSINESS:
Position Vacancy Request – Mashpee Fire Chief:
Correspondence was received from Fire Chief George Baker dated June 25, 2013 announcing his retirement effective September 20, 2013.
Attached for the Board’s review was a Position Vacancy Request for advertisement at Step 1 of the intended pay scale.
Motion made by Selectman Taylor to approve the Position Vacancy Request for Fire Chief as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
It was noted that if a decision is not made prior to September 20th, the Board would appoint an acting Fire Chief.
APPOINTMENTS & HEARINGS:
Public Hearing – Oak & Ember, Inc. – New Liquor License:
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the application of Oak and Ember, Inc., d/b/a Oak and Ember, Dan Callinan, Manager, 36 South Street, Mashpee for an All Alcoholic License.
The property is described as restaurant consisting of one (1) floor, approximately 4,589 square feet, full service restaurant with 111 seats, including seats at the bar.
Board of Selectmen
Minutes
July 22, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Oak & Ember, Inc. – New Liquor License: (continued)
Seasonal outdoor patio with 24 seats, kitchen and storage in rear, any storage in basement, two entrances and three (3) exits, the total seating capacity is 135.
The hearing notice was read aloud into the record in accordance with posting requirements.
Robert Catania was in attendance with the proposed manager Dan Callinan to review the license application with the Board of Selectmen. Mr. Catania submitted the required Notice to Abutters to the Board. To complete the requirements of the application, the manager was requested to submit a copy of his birth certificate. It was noted the applicant was not aware of this requirement. Mr. Callinan is expected to comply with the condition.
Mr. Catania indicated that a high quality steakhouse restaurant is proposed at the subject site location. There are no major renovations planned at this time.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motions seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Motion made by Selectman Taylor to approve the application of Oak and Ember, Inc., d/b/a Oak and Ember, Dan Callinan, Manager, 36 South Street, Mashpee for an All Alcoholic License.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
July 22, 2013
NEW BUSINESS:
Position Vacancy Request – DPW/School Custodian:
The Board of Selectmen reviewed the Position Vacancy Request for the position of School Custodian to the DPW at Step 1 of the intended pay scale. The date of the vacancy is July 15, 2013 due to a retirement.
Motion made by Selectman Sherman to approve the Position Vacancy Request for School Custodian as presented for advertisement.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Charter Review Committee – Funding Request:
Correspondence was received from Ed Larkin, Chair of the Charter Review Committee requesting the Board approve the sum of $5,000 as a contingency fund to enable the Charter Review Committee to retain the services of an attorney well versed in Charter Law, should such legal expertise be required by the Committee.
Motion made by Selectman Taylor approve the request of the Charter Review Committee, and set aside $5,000 in the Legal & Engineering Budget for the Charter Review Committee.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Board of Selectmen
Minutes
July 22, 2013
APPOINTMENTS & HEARINGS:
At the last meeting, the Board of Selectmen discussed options for the disposal of solid waste with the Director of Public Works. The Town’s 30-year contract with SEMASS is due to expire on December 31, 2014.
ABC Disposal – Disposal of Municipal Solid Waste:
In reviewing options for the disposal of municipal solid waste, the Board of Selectmen met with Dan Balboni, Sales & Marketing Manager for
New Bedford Waste Services. The firm, ABC Disposal Services owned by the Camara family provides professional solid waste, construction/demolition and recycling material removal services in Southeastern Massachusetts and Rhode Island. Mr. Balboni indicated the firm operates three transfer facilities located in New Bedford, the Town of Sandwich and in Rochester, MA.
An advanced waste recycling facility entitled Zero Waste Solutions, which incorporates a combination of innovation and experience to optimize recycled waste and produce a natural substitute for coal referred to as EcoTac fuel briquette technology was discussed.
EcoTac is a solid fuel alternative to coal that provides a consistently high BTU fuel value. EcoTac will reduce emissions and other pollutants. Currently, ABC Disposal is in the permitting process with DEP & MEPA, and the waste firm is expected to move forward with the unique and environmentally friendly project which is anticipated to recycle 90-95% of all incoming commodities.
ABC Disposal plans to break ground for the new state-of-the art recycling facility in August of this year with the opening of the new building the following year.
In reviewing reasons as to why Mashpee should elect to contract with ABC Disposal, Mr. Balboni cited the following; environment, pricing lower than the alternative, especially in the long-term, no minimums or maximums, and the term of the contract is flexible to the needs of the town.
With regards to the current permitting process for the new facility, Mr. Balboni indicated if the building is not up and running by the start of a contract, ABC Disposal would incur the expense of removing the town’s waste. Options for waste disposal include trucking to a landfill or possible incineration. It was explained the information with respect to this regard falls under the contractual terms as outlined.
Board of Selectmen
Minutes
July 22, 2013
APPOINTMENTS & HEARINGS:
ABC Disposal – Disposal of Municipal Solid Waste: (continued)
Richard Elrick, Energy Coordinator for the Town of Barnstable, and Mashpee resident expressed support of the project. It was noted that 80,000 square feet of solar panels are proposed to power the new facility.
With regards to emissions, and air quality control it was noted there will not be any stacks. It was stated the environmental attributes of EcoTac are better than the alternatives.
Mr. Balboni was asked to furnish a timeline to the town regarding the permitting process to aid the Board of Selectmen with their decision.
Covanta SEMASS – Disposal of Municipal Solid Waste:
Tom Cipolla, Business Manager of Covanta Energy was in attendance to discuss the disposal of municipal solid waste with members of the Board of Selectmen. Covanta has held the contract with the Town of Mashpee for the disposal of waste since 1988.
Currently, Covanta operates in eighteen states and in Canada. Covanta has thirteen transfer stations, three ash mono-fills and one landfill in addition to electricity and energy facilities. The services offered by Covanta and provided by SEMASS have included disposing Mashpee’s waste in a safe environmental manner to generate renewable energy. Mashpee’s solid waste is disposed at their Rochester Energy-from-Waste facility. During this time, Covanta has provided Mashpee the opportunity to transport waste via the Cape Cod Rail.
The new contract proposed on January 1, 2015 requires a 10-year initial term with a 5-year option term. To allow for planning, the minimum annual tonnage is 80% of the base. Mr. Cipolla indicated that it is reduced annually by increases in recycling, PAYT and/or decreases in commercial volumes. Mr. Cipolla stated that if Mashpee had a 25% increase in recyclables, the base solid waste would be less, but it would not count against the tonnage. It was stated that this is essentially providing flexibility in the contract. With added recycling, there is also an opportunity to share in rebates.
Board of Selectmen
Minutes
July 22, 2013
APPOINTMENTS & HEARINGS:
Covanta SEMASS – Disposal of Municipal Solid Waste: (continued)
Covanta is seeking to provide Mashpee with the option to deliver solid waste to the Barnstable/Yarmouth Transfer Station if Covanta is operating the facility. This decision should be realized by the end of December. If the option is not available, the waste would be shipped to Rochester.
When asked if the town would be penalized for not meeting obligated quantities, Mr. Cipolla indicated that penalties are not anticipated and the town has never been billed for a shortage.
Discussion followed with regards to measuring recycling reduction. The town is expected to monitor recycling and inform SEMASS of the volumes.
OLD BUSINESS:
Affordable Housing Discussion – Main Street Village:
Walter Abbott, Chair of the Affordable Housing Committee was in attendance to review his memorandum of July 16, 2013 relative to Mashpee Main Street Village, a 40B condominium housing development.
Approximately two years ago, one unit went into foreclosure, and was sold at market rate. The Board was informed that currently, another unit is in foreclosure.
In 2005, it was agreed the affordable housing development would be monitored by the Housing Assistance Corporation (HAC). It was disclosed the developer of the project is in bankruptcy.
Upon review it was agreed that Town Counsel would be consulted with respect to this matter. In addition the HAC would be requested to provide an update on the subject property.
Board of Selectmen
Minutes
July 22, 2013
NEW BUSINESS:
October Town Meeting Warrant Review – Draft #1:
Draft #1 of the October 21, 2013 Annual Town Meeting warrant was presented to the Selectman for initial review.
LIAISON REPORTS:
Special Events: The Town Picnic/Fireworks has been rescheduled to Tuesday, August 20th.
The Recreation Department sponsored a 5k woodland run last week with 160 runners participating. Ninety-seven children attended Summer Camp this past week.
Joyce Mason was acknowledged for serving the town for the past 30 years.
EXECUTIVE SESSION:
Due to the lack of a full voting quorum, Executive Session was deferred.
Adjournment:
Motion made by Selectman Sherman to adjourn at 8:15 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, absent
Selectman O’Hara, absent Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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