AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 16, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
APPOINTMENTS & HEARINGS
6:30 Public Hearing – Trash Disposal and Recycling Options
7:00 Finance Committee – Town Meeting Warrant Review
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) MSBA Grant Endorsements (2)
NEW BUSINES
1) Approval & Execution of Special & Annual Town Meeting Warrants
2) Request for Approval of Change Order #1 – Mashpee Public Library
3) Waiver of Permits Fees – Mashpee Public Library Artisans Fair
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 16, 2009
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Green, Selectman Myers
Town Manager Joyce Mason
Assistant Town Manager René Read
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
Due to technical difficulties, the meeting was not taped.
APPOINTMENTS AND HEARINGS:
Public Hearing – Review of Solid Waste Collection Options:
The Board of Selectmen opened the Public Hearing on the review of
(3) solid waste collection options under consideration by the Town;
the current system or status quo, a Pay-As-You-Throw (PAYT) program at the Transfer Station, and a town-wide curbside collection program.
The Selectmen were noted to have held several meetings regarding waste collection options in an effort to reduce increasing disposal costs, a cost anticipated to double as a result of the pending SEMASS contract expiration. Recycling is deemed a key factor in extending the life of the landfills by reducing the amount of trash collected at the Transfer Station. Upon detailed review of the options, the Selectmen agreed to continue to educate the public on the benefits of recycling and to schedule a public hearing to solicit comment from the community. The Selectmen also voted to place the three waste collection options as referenced on the May 2009 ballot as a non-binding referendum question.
For discussion purposes, Catherine Laurent, Director of Public Works and Edith DeMello of the MA Department of Environmental Protection (DEP) were in attendance.
Ms. Laurent gave an overview of the three solid waste collection options under consideration for FY2010. Costs associated to the PAYT and the curbside collection option are deemed preliminary and presented to the public for discussion purposes.
The three options were presented as follows;
Status Quo PAYT
Tipping Fees - $414,803 Tipping Fees - $193,231
Transfer Station - $466,950 Transfer Station - $466,950
Revenue - $480,590 Revenue - $857,990
Bag Costs - $53,248
$881,754 – Total Costs
$480,590 – Total Revenue $885,793 - Costs
_______ $857,990 - Revenue
_______
$401,163 – Net Cost to Town
$27,803 – Net Cost to Town
Curbside Collection
Collection - $1,353,600 – Weekly trash & recycling at all residential households including 9400 condos
Tipping Fees - $328,975
Transfer Station - $255,500
Lost Revenue - $585,940
Revenue - $153,650
$1,938,075 - Cost
$585,940 - Unrecoverable Revenue
$153,650 – Revenue
_________
$2,370,365 – Net Cost to Town
To familiarize the community with the elements of the PAYT program a solid waste collection option, a power-point presentation was arranged by Edith DeMello of the DEP.
Ms. DeMello indicated that currently, 124 Massachusetts communities participate in the unit based PAYT program. In the basic PAYT service, residents pay for each unit of waste discarded. As residents pay directly for waste disposal services, there is a financial incentive to reduce waste through recycling, composting and source reduction. Users are required to obtain a transfer station permit or contract individually for curbside collection. The program requires the use of special bags (colored & imprinted or with stickers) of different sizes such as 32 gallon, 14 gallon, and/or 8.5 gallon for trash disposal. The first bag is generally free as it is included in the tax rate. The Board of Selectmen would set the permit and bag fees for the program if implemented. The disposal cost is varied per household and based upon the amount being disposed. The incentive of the PAYT is to create less waste and to increase recycling participation thereby reducing tonnage fees. Less waste
with more recycling protects and preserves natural resources, and reduces greenhouse gases.
The Board of Selectmen opened the Public Hearing to solicit comment.
Finance Committee member Bill Johnson indicated the annual cost to the Mashpee resident is less in the curbside program. Mr. Johnson also related concern with respect to the non-binding vote.
In response Ms. Laurent stated the current payee’s engaging in curbside collection with private haulers pay more for curbside collection. If the curbside collection was town-wide, the cost would be less, approximately $203.86 per household. The cost of curbside collection if instituted would be added to the tax base.
The Selectmen indicated the purpose of the public hearing is to inform the public on the options. It was noted the media was also present to report the selections under consideration. Information regarding the disposal of solid waste alternatives will also be disseminated at town meeting.
Anne Shaw, the former treasurer/tax collector for the Town of Mashpee stated that she recently read an article in the paper about the disposal options and the numbers are confusing to her. Ms. Shaw made note of an old saying “if it ain’t broke, don’t fix it”. Ms. Shaw stated the current system works very well and that it would be difficult to price bags and track inventory. Ms. Shaw indicated she does not see the need to make the change and asked if the transfer station was going to remain open.
In response, the Selectmen stated the public hearing is an opportunity for the public to ask questions. It was re-iterated the information would be disseminated at town meeting for informational purposes and after the annual election there would be more hearings on this matter.
Ms. Laurent noted the information would also be publicized on the DPW website. It was disclosed that decisions to set fees would be made through a public hearing process with the Board of Selectmen. With respect to the PAYT program, the fees would range from $26 per year to $256 per year. The cost per household is based on the numbers and size of the bags. The price of an 8.5 gallon bag is projected to cost $.0.50. The bag size would range from 8.5 gallons to the standard 32 gallon, a cost of $1.50 per bag.
Mashpee resident Ed Baker indicated the operation on Asher’s Path will still happen no matter what action is taken. There will be composting, and mattress disposal, etc. Mr. Baker stated he is strongly in favor of the PAYT program. Mr. Baker added he is hesitant with the curbside collection option because there may be less recycling and more collection. Mr. Baker suggested if there is no recycling at the curb, there should be no pick-up at the curb. Mr. Baker stated that he does not feel the Town of Falmouth recycles as much as they should. Falmouth collects recyclables every other week.
Mr. Baker also noted to initiate the PAYT program there is a small grant available to assist the town. Ms. DeMello indicated the town must apply for the start-up grant and there are criteria where the Selectmen must vote to maintain the program for a minimum of two years. If the town qualifies for the one-time grant funding, up to $4.00 is awarded per household.
In terms of fairness, Mr. Baker said it is disturbing when he sees a pick-up truck filled with plastic bags heading directly to the SEMASS trailer. Mr. Baker related concern with respect to individuals not recycling and stated that he pays the same transfer permit fee and recycles at a 75% rate.
The Selectmen agreed the enforcement matter should be further reviewed, in addition to obtaining alternative methods to increase recycling.
Maria Martone 163 Captains Rowe was in attendance with her family and stated that her daughter initiated her family to recycle. Mrs. Martone made note of a recent article in Newsweek regarding the Town of Everett, MA which instituted an incentive for households to recycle. For every pound recycled, a household was rewarded 2.5 points. Each point is worth $0.10, a maximum of $45 in points per month. The program entitled “Recycling Bank” has increased dramatically since its inception.
The Selectmen were receptive to Mrs. Martone’s recycling recommendation. Copies of the article related to the Town of Everett dated July of 2008 were distributed to the Board for additional review.
Mrs. Martone expressed concern to the PAYT as it relates to illegal dumping and of citizens using private dumpsters. It was noted that studies indicate the increase in illegal dumping with the PAYT is not a problem in most communities.
Board of Health member Lucy Burton indicated her board is talking seriously about recycling and of ways to increase recycling in the Town of Mashpee. If the curbside collection were supported, the Board of Health would implement something with mandatory recycling even if it is one detergent container or a newspaper, it would help. Mrs. Burton noted that with mandatory recycling, more education is necessary.
Ralph Marcelli 30 Melissa Avenue asked what the cost is to the town, the total net cost to the town. Mr. Marcelli indicated the town does not have the money, it is all taxpayer money. Mr. Marcelli stated that he feels the total bottom line is a cost to the taxpayer. He asked in total, what is it going to cost the taxpayer and which option is the most environmentally sensitive.
Mr. Marcelli stated the total cost to the town for the status quo is $1.3 million, the total cost to the town for the PAYT is $1.7 million and the curbside collection is over $2 million. Mr. Marcelli indicated that status quo is the least expensive option and it is as environmentally sensitive as the PAYT. Mr. Marcelli added the Mashpee Blue Book is underway to educate the benefits of recycling and other environmental concerns.
Peter White, owner of the La Plaza Del Sol motel stated he has a very successful recycling program. Mr. White said that if people are given the education and opportunity to recycle, they will. Mr. White recommended improving on the status quo to increase recycling. A fourth option presented by Mr. White, a Mashpee clean and green campaign that involves citizen participation was briefly discussed.
Nashawena Road resident William Duffy asked a question regarding the PAYT as it pertains to determining a bag weight. Mr. Duffy stated the residents would pay by bag volume, and the town pays by weight. Mr. Duffy also questioned the figures contained in the overview report given by Mrs. DeMello as it pertained to the Town of Duxbury figures for trash and recycling from April through September and of the tonnage illegally dumped. Bill Taylor, 31 Godfrey Road indicated that dumpster hoppers may go through curbside trash looking for items to sell. This occurrence happened regularly in Philadelphia and made a mess of the trash on the roadside. Mr. Taylor recommended that status quo be maintained.
Catherine Laurent announced an upcoming recycling meeting in New Seabury for those unable to attend tonight’s public hearing. The informational meeting will be held on Saturday, April 18th at 11:00 a.m.
After listening to the public, the Selectmen agreed that improved recycling through education and possibly mandatory recycling would greatly assist to minimize solid waste costs. It was disclosed the SEMASS contract expires in 2015 and the status quo of tonnage could be considerably increased. Regardless of the volume, the cost of disposed waste is going to enlarge.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
MSBA – Endorsement of School Projects:
The Board of Selectmen at their December 1, 2008 meeting voted to endorse (2) energy conservation and replacement projects the Mashpee School Department has applied for to be funded by the Massachusetts School Building Authority (MSBA). The projects include the replacement of the K.C. Coombs School Energy Management System and the Quashnet School HVAC Replacement.
In accordance with MSBA grant funding requirements, the Board of Selectmen read aloud the following motions;
Motion made by Selectman Cook;
Resolved: Having convened in an open meeting on March 16, 2009, the Board of Selectmen of the Town of Mashpee, in accordance with its charter, bylaws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated November 14, 2008 for the K.C. Coombs Elementary School located at 152 Old Barnstable Road, Mashpee, MA which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future (Priority 5, replace the Energy Management System because it is no longer functioning) and hereby further specifically acknowledges
that by submitting this Statement of Interest Form, the Massachusetts School Building authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any funding commitment from the Massachusetts School Building Authority, or commits the Mashpee School District to filing an application for funding with the Massachusetts School Building Authority.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook;
Resolved: Having convened in an open meeting on March 16, 2009, the Board of Selectmen of the Town of Mashpee, in accordance with its charter, bylaws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated November 14, 2008 for the Quashnet Elementary School located at 150 Old Barnstable Road, Mashpee, MA which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future (Priority 5, replace the HVAC unit that serves the cafeteria because it is no longer functioning) and hereby further specifically
acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any funding commitment from the Massachusetts School Building Authority, or commits the Mashpee School District to filing an application for funding with the Massachusetts School Building Authority.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Review and Approval of Special and Annual Town Meeting Warrants:
The Board of Selectmen met with the Finance Committee for the purpose of reviewing the May 4, 2009 Special and Annual Town Meeting Warrants.
In attendance were Finance Committee members Sandra Lindsey, William Johnson, Charles Gasior, Lynda Carrol, Christopher Avis and Oskar Klenert.
The Board of Selectmen and Finance Committee took the following action on the warrant articles contained in Draft #2 dated March 16, 2009;
Special Town Meeting Warrant:
Article #1: $85,000, a Transfer to the Legal/Engineering Account
Motion made by Selectman Cook to approve Article #1 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #2: $58,825 – Santuit Pond Study Account
Motion made by Selectman Cook to approve Article #2 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #3: $78,016 to the Snow & Ice Account
Motion made by Selectman Cook to approve Article #3 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #4: $20,000 to Fire & Rescue Expense Account
Motion made by Selectman Cook to approve Article #4 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #5: $250,000 from Community Preservation Fund
Motion made by Selectman Cook to approve Article #5 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #6: $10,910 to the Sewer Commission Facilities Account
Motion made by Selectman Cook to remove Article #6 from the Special Town Meeting Warrant.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee in unanimous support to withdrawn article.
Article #7: $29,629 to Interest Outside 2 ½ Account
Motion made by Selectman Cook to approve Article #7 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Review and Approval of Annual Town Meeting Warrant:
Article #1: Accept Reports of Officers
Motion made by Selectman Green to approve Article #1 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Article #2: To Fund the Annual Operating Budgets/Town Departments
Motion made by Selectman Cook to approve Article #2 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #3: $390,000 to Capital Improvement Program
Motion made by Selectman Cook to approve Article #3 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
With respect to the CIP Program, it was noted that all leased and/or purchased vehicles must go through the CIP process. The Selectmen agreed to further review a potential change in the bylaw for amendment.
Article #4: $12,251,056 Cape Cod Regional Tech School Annual Budget; $813,628 Mashpee’s share beginning 7/1/09
Motion made by Selectman Cook to approve Article #4 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Review and Approval of Annual Town Meeting Warrant:
Article #5: $460,000 Road Improvements under Chapter 90
Motion made by Selectman Cook to approve Article #5 as presented.
Motions seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #6: $60,740 to Waterways Maintenance Account/Dredging
Motion made by Selectman Cook to approve Article #6 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Finance Committee VOTE: Unanimous. 6-0.
Article #7: $50,000 to Waterways Maintenance Account/Permitting
Motion made by Selectman Cook to approve Article #7 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Finance Committee: Held for Additional Information
Article #8: $45,000 to CPC Administrative Account
Motion made by Selectman Cook to approve Article #8 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #9: $289,200 Kids Klub Enterprise Fund
Motion made by Selectman Green to approve Article #9 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Review and Approval of Annual Town Meeting Warrant:
Article #10: To Re-Authorize Council on Aging Revolving Account
Motion made by Selectman Cook to approve Article #10 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: 5-1. Motion carries.
Mr. Avery in opposition.
Article #11: To Re-Authorize the Sewer Commission Facilities Plan Account
Motion made by Selectman Myers to approve Article #11 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Finance Committee: Held for Additional Information
Article #12: To Establish Bylaw Prohibiting the Public Consumption of
Marijuana and THC
Motion made by Selectman Green to approve Article #12 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #13: Amendment – Excessive Noise by Dogs
Motion made by Selectman Cook to approve Article #13 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Review and Approval of Annual Town Meeting Warrant:
Article #14: Amendment – Collection of Sum for Upkeep
Motion made by Selectman Cook to approve Article #14 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #15: Membership & Negotiations – Cape & Vineyard Electric
Cooperative, Inc.
Motion made by Selectman Green to approve Article #15 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Petition Articles:
Article #16: To Layout & Define The Highlands
Motion made by Selectman Green to approve Article #16 as presented.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Article #17: To Layout & Define Christopher Lane
Motion made by Selectman Myers to approve Article #17 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. 6-0.
Review and Approval of Annual Town Meeting Warrant:
Petition Articles:
Article #18: To Acquire by Purchase – The Dacey Properties
The Selectmen were in receipt of a legal opinion from Town Counsel dated March 12, 2009 with respect to the referenced petition article.
Motion made by Selectman Taylor to not approve Article #18.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Finance Committee: VOTE: Unanimous. To not approve. 6-0.
Article #19: To Layout as Public Ways; Spinnaker Drive, Starboard Drive, Simons Narrows Road, Half Hitch Lane and
Yardarm Drive
Motion made by Selectman Cook to approve Article #19 as presented.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Myers abstained.
Finance Committee: VOTE: Unanimous. 6-0.
Approval & Execution of Special & Annual Town Meeting Warrants:
Motion made by Selectman Myers to approve and execute the May 4, 2009 Special and Annual Town Meeting Warrants as voted.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Agenda Topic – March 30, 2009:
Moratorium on the acceptance of future road taking petitions.
NEW BUSINESS:
Change Order #1 – Mashpee Public Library:
The Selectmen reviewed Change Order #1 associated to the Mashpee Public Library. It was noted the Planning & Construction Committee voted to recommend approval, and Mashpee Commons Limited Partnership is expected to reimburse the town for one-half of the cost.
Motion made by Selectman Cook to approve Change Order #1 for the Mashpee Public Library in the amount of $35,492.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Waiver of Permit Fees – Mashpee Library Artisans Fair:
Motion made by Selectman Cook to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Late filed correspondence was received regarding a request of the Mashpee Library to waive permit fees associated to a tent permit for the upcoming Artisans/Book Fair.
Motion made by Selectman Cook to waive all permit fees associated to the Mashpee Library Artisans Fair.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Adjournment:
Motion made by Selectman Green to adjourn at 8:50 p.m.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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