AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 28, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Senior Center
MINUTES
APPOINTMENTS & HEARINGS
6:30 Public Forum – Proposed Conversion of Private to Town-Owned Roads
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- Request for Loan Extension– Mashpee Village
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 28, 2010
Present: Selectman Cook, Selectman Cahalane, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cook at 6:31 p.m.
Mashpee Senior Center – Conference Room #1
APPOINTMENTS & HEARINGS:
Public Forum – Proposed Conversion of Private to Town-Owned Roads:
The Board of Selectmen held an informational public forum for the purpose of discussing the possible conversion of the following private roads; Timberland Shores, Cape Drive and Johns Pond to Town roads as public safety have been deemed an issue of concern. The Director of Public Works identified the above referenced roads, approximately 5 miles for conversion as a result of their poor and unsafe condition, and at times, impassable due to poor roadway drainage.
The Board of Selectmen has requested input from the subject property owners to assist with the deliberation process. In accordance with the bylaw, the process involves Town Meeting approval to appropriate the funds for the cost of improvements and to assess the betterments to the abutting property owners.
Correspondence was received from the DPW Director dated June 25, 2010 relative to estimates for the three recommended road conversions. The estimates are based on FY11 costs, and comply with the mandates of the Town and Planning Board with respect to road standards. The estimates as follows are the maximum cost to be borne by the property owners.
Timberland Shores:
Total Construction Costs/Legal/Engineering/Interest: $848,987.00
Actual Cost to be borne by 76 Property Owners: $ 11,170.88
Cape Drive:
Total Construction Costs/Legal/Engineering/Interest: $259,423.00
Actual Cost to be borne by 80 Property Owners: $ 3,242.79
Johns Pond:
Total Construction Costs/Legal/Engineering/Interest: $1,631,909.50
Actual Cost to be borne by 185 Property Owners: $ 8,821.13
The Selectmen opened the forum to obtain public input.
A Sachem Road resident inquired as to the impetus of the betterment. The Selectmen responded by stating the roads as they presently exist are impassible for public safety vehicles and school buses during rain and other storms. As a result of the roads being impassable, it has been determined this is an issue of public safety.
Mashpee resident Douglas Sample stated the roads as they presently exist cause traffic to move slower, and it is very safe for the children. Mr. Sample indicated if the roads were improved, there may be an issue of public safety when the children walk on the roads to the beach area. In his opinion, the roads should remain private.
Johns Pond resident Meredith Chadwick of 26 Canonchet Avenue noted that she has been a resident since the 70’s. At the time, the DPW used to take care of the roads. She asked why the residents should take care of the roads now. Ms. Chadwick stated that Cayuga Avenue was recently paved and people are now driving too fast. Ms. Chadwick explained the betterment would create a financial hardship, especially with a special needs son. Ms. Chadwick asked what the taxes are doing for her now. Ms. Chadwick also indicated she would like the times to go back to the 70’s and 80’s when everybody did for everybody.
In response, the Director of Public Works indicated the Town of Mashpee will not plow the roads as they presently exist in the matter of public safety. Plowing a road in disrepair would also damage DPW equipment. During Ms. Laurent’s tenure as the DPW Director, the Town has not conducted repairs in this manner to private roads.
It was also explained that in 1988, the conversion of streets from public to private began. Currently, there is 72 miles of Town-owned public roads. There is approximately 35 miles of private roads that could be considered for conversion in future years through a resident-initiated petition or via the bylaw whereby the Board of Selectmen with the assistance of the DPW Director annually review and designate private ways for consideration of conversion to public ways.
George Baker, Fire Chief indicated the roads of discussion are approximately 20 years old and at the time, some of the developers performed the minimum requirements. In the matter of public safety, this past year, the Town was unable to respond adequately as a result of impassable road conditions. In one instance, the Fire Department staff was unable to neither drive nor walk to a home of a resident in need of assistance. In another issue related to public safety response in a poor road condition, a fire truck required vehicle repair. Chief Baker told the residents to bear in mind, there will be public safety delays if the roads are not corrected. Chief Baker urged the Town to move forward with a plan to incrementally take over private roads to bring them to standards.
The roads as they presently exist are substandard and will not be plowed.
A resident of Massasoit Avenue stated the road was in good shape until the Water District decided to install Town water. Now, the road is not well traveled as a result of the ruts. However, many children and residents use the road to walk to the beach. The resident explained that it is not his intention to own the road, but he doesn’t want the liability that goes with it.
A Pocknomet resident indicated that there are no potholes or cracks on the road. Presently, there are two homes and many residents traverse the road for recreational boating and fishing. Ms. Stowes stated she feels she would be “footing the bill” by paying the betterment for the benefit of people who use the road for recreational purposes.
Pat Burke of Pondview Avenue asked about the future sewer project, and if it is feasible to reconstruct at this time. Ms. Burke indicated it may be more expensive to repair the roads twice.
In response, it was noted it is the Town’s responsibility when taking a road to make all the necessary repairs. The installation of sewers is a separate assessment similar to the water and road taking process. If the Town delays the road conversion process, the roads may become impassable.
Michael Atwood of Sachem Road, a summer resident stated this is a time of recession, and a tough time to ask for money. In response, it was replied if the roads are not taken care of, it will become more difficult to provide public safety.
Regarding the process, the Selectmen indicated the public forum is a method to determine the pro’s and con’s of the proposed road conversions. If approved, the outcome will be determined by a vote of Town Meeting. The earliest date of the next Town Meeting is May of 2011.
When asked of the No Plow List, copies are available in the Office of the Board of Selectmen and Town Manager.
A Pheasant Run resident asked why they are being assessed when everyone drives through Cape Drive.
Beechwood Road resident John Hartman stated that he recently moved to Mashpee. The road is in disrepair. When he called the Town with regards to the road condition, he was unaware the cost would be $11,171.00. In his opinion, the cost is quite high and he invited his neighbors to join in to fix the road.
A resident of Hemlock Drive indicated the road lacks proper drainage. There are potholes and the road is an ice sheet in winter. He asked if funds have been set aside from the general contractor to repair the roads. The Selectmen were unclear if the bond has been released. It was agreed the Planning Board would be consulted with respect to this regard. It was also noted the Town would be willing to conduct road repairs if the residents offer payment for the cost of materials.
With regards to a betterment cost, it was disclosed that a resident has the option to pay the charge in full or spread the payment over 20 years. The monies are reflected on the tax bill which incurs a 5% interest fee, a figure determined by MGL for road betterments.
One resident asked if there are federal grant funds available to assist with the costs associated to the conversion process.
Carleton Meredith stated that he resides on a road that is in perfectly good condition. His motto is “if it isn’t broke, then don’t fix it”.
When asked of the costs to be borne by the property owners as it relates to frontage, it was noted that each property owner pays the same. The betterment is based on an assessment per lot. It has been the Selectmen’s policy for the past twenty years to assess betterments per property owner. It was noted that if a person owns 9 lots, they would be required to pay 90% of the betterment. One resident stated that it is unfair that houses assessed for less pay exactly the same in the betterment process.
Charles Gasior a member of the subcommittee conducting the review of the private to public road conversions indicated that he has over 30 years experience in municipal government. Mr. Gasior explained that an average of 2.5 homeowners associations meet before the Board of Selectmen each year to request the conversion of their private roadways to public streets. In his opinion, the homeowners associations appear to lack the mechanism to set aside reserves to maintain and repair their roads.
Mr. Gasior indicated that is costs $100,000 per mile to resurface a road, and approximately $900,000 per mile in reconstruction dependent upon the drainage improvements required. Mr. Gasior stated the road conditions are not going to improve, and he suggested the residents look at the improvement as curb appeal to perhaps sell their homes in the future.
A Canonchet resident noted the road drain is not regularly cleaned and it appears to be running into the pond.
It was disclosed it is permissible for the residents to petition the Town to take their roads on a street by street basis. However, using the best and most cost effective option, the DPW Director estimated the roads collectively.
One resident asked what would happen if the betterment is not paid. She was informed that a lien would be placed on the property.
A Shorewood Drive resident indicated that four houses are presently situated on the street. His deed now gives him access to the pond. If the road becomes a public road, would he lose the access rights to the pond.
It was noted the Town uses DPW labor and equipment to bring forth a cost savings. When the Town goes to bid, three quotes are obtained to secure the most favorable cost for the project. It is the Town’s intention to deliver a good product to the taxpayers for the least amount of money.
The Selectmen reviewed the betterment process with the interested residents. If the road becomes public, the Town is responsible for street signage. The Town does not put in speed bumps and will not plow roads with speed bumps. With regards to the concern of speeding, it was noted a resident may petition the Police Department/Board of Selectmen to lower the speed limit of their road.
With regards to the No Plow List, it was noted the information is placed on the Town’s website and it is posted in the local paper in October.
Following the discussion, it was agreed the residents would vote on this matter. The following results were obtained;
Johns Pond – The majority voted no on the road conversion
Cape Drive – The majority voted yes on the road conversion
Timberland Shores – The majority voted no on the road conversion
It was disclosed the process will take approximately 2 years before an assessment would appear on a tax bill. If approved, an article would be placed on the May 2011 Town Meeting for engineering purposes only.
The Selectmen expressed appreciation to the residents for giving input to the road conversion proposal. The matter will be further discussed by the Board as a future agenda topic in Open Session.
NEW BUSINESS:
Request for Loan Extension – Mashpee Village:
The Selectmen reviewed correspondence from The Community Builders dated June 23, 2010 requesting to extend their construction loan with the MHCD for the renovations of the Mashpee Village.
In opinion was rendered from Town Counsel without objection to subordination or loan payment facilitation actions.
Motion made by Selectman Cahalane to acknowledge and consent to the extension of the MassHousing Second Loan with The Community Builders for the renovation of the Mashpee Village affordable housing project.
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
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:03 p.m.
Motion seconded by Selectman Cahalane.
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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