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January 8, 2007
AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 8, 2007

6:30 p.m. - Convene Meeting - Conference Room 1

MINUTES

Approval of the following:

        Monday, December 11, 2006 Regular Session
        Monday, December 18, 2006 Regular Session

APPOINTMENTS & HEARINGS
6:30    Public Comment
        Certificate of Appreciation – Parade Committee
6:40    Assistant DPW Director – Request for Approval for Walking Path
7:00    Public Hearing – Sconsett Village Road Taking
7:10    Public Hearing – Cayuga Avenue

COMMUNICATIONS & CORRESPONDENCE

1)      Mashpee River/Testing/Modeling Update
2)      South Cape Beach Nourishment Update

OLD BUSINESS


NEW BUSINESS

1)      South Mashpee Fire Substation Owner’s Project Manager

MMR ISSUES

BLUE RIBBON COMMITTEE UPDATE

EXECUTIVE SESSION


Board of Selectmen
Minutes
January 8, 2007___________________________________________________________

Present:        Selectman Taylor, Selectman Cook, Selectman Cahalane,
Selectman Myers, Selectman Green
Town Manager Joyce Mason
Assistant Town Manager René Read

Meeting Called to Order by Chairman Taylor at 6:31 p.m.
Town Hall, Conference Room #1.

MINUTES:
Monday, December 11, 2006 Regular and Executive Sessions:

Motion made by Selectman Cahalane to approve the Regular and Executive Session minutes of Monday, December 11, 2006 as presented.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0

Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, December 18, 2006 as presented.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0

APPOINTMENTS AND HEARINGS:

Certificate of Appreciation – Parade Committee

On behalf of the Board of Selectmen, Chairman Taylor commended the great efforts of the Parade Committee and the helpful services of the Fire Chief, Police Chief and Leisure Services.

A Certificate of Appreciation was presented to Margarete Maillho, Kevin Shackett, and Sue Aitken for their outstanding efforts in organizing Mashpee’s first Annual Christmas Parade.

Proposed Walking Trail on Mashpee Neck Road

Assistant DPW Director Catherine Laurent requested approval to construct a walking trail along the west side of Mashpee Neck Road from Clippership Village to Pirate’s Cove as outlined in her January 3, 2007 memo (attached).  The proposal is in response to a request from several residents in the area for an off-road path to safely accommodate pedestrians walking on Mashpee Neck Road.  It will be a dirt trail, requiring minimal maintenance.  No residences will be impacted by the construction of the trail.  Catherine explained the trail would meander down the road so that no trees will have to be removed.  As to signage, DPW will look at need for signage, if any, when the trail is completed.

Motion made by Selectman Cahalane to support the proposed walking trail on Mashpee Neck Road.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0

COMMUNICATIONS AND CORRESPONDENCE:

Mashpee River Update:
Town Manager Joyce Mason said Mr. Hanks reported the first round of testing has been completed and they should have findings in a week or two and then another round of testing would be done.  After Joyce Mason hears back from Mr. Hanks, he will be placed on the Selectmen Meeting Agenda.

South Cape Beach Update:
DPW Director Greg Taylor said they are looking at beach nourishment holding as it is.  He reported they are looking to pool together use of GEO-Tubes and GEO-Mats as a combination beneath the pavement to be permitted for future use so that when a storm does occur and we need to do replacement we can put more than just sand back there.  But we have to have the approval in advance in order to be able to use it; we can’t have it approved as an emergency order at the time of the concern.  Greg said we would need to continue nourishing.  The new order is different; it is not within beach area it is underneath the pavement.

As noted in Greg Taylor’s January 5, 2007 memo (attached), Conservation Commission approval extending the Beach Nourishment permit to February 13, 2010 was recently received.

Greg has started talking with BSE group because they’ve done GEO work.

NEW BUSINESS:

        South Mashpee Fire Substation Owner’s Project Manager:
Town Manager Joyce Mason asked the Board of Selectmen to authorize her to enter into contract negotiations with Pomeroy Associates for the purpose of their serving as the Owner’s Project Manager for the South Mashpee Fire Substation project as outlined in her January 4, 2007 memo (attached).

Two questions were raised:  Can contract be negotiated and can we select Clerk of the Works?  Town Manager responded “yes” to both.
South Mashpee Fire Substation Owner’s Project Manager (continued):

Motion made by Selectman Cahalane that Joyce Mason move forward with negotiations with Pomeroy Associates for Project Manager services and Board of Selectmen will have final approval of contract and selection of Clerk of the Works.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0

Asher’s Path Senior Housing Development:
Motion made by Selectman Cahalane that waiver of permit fees for Asher’s Path Senior Housing Development be added to the agenda.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0

Leila Botsford stated they are looking for relief of building permit fee of $33,164 and are hoping the Board of Selectmen would approve waiving of this fee.  She referred to her January 5, 2007 memo (attached).

Motion made by Selectman Cook to waive all permit fees for the Asher’s Path Senior Housing Development.
Motion seconded by Selectman Cahalane.
VOTE:  Unanimous.  5-0

PUBLIC HEARING:
Motion made by Selectman Cahalane to recess for five minutes.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

The meeting recessed at 6:55 p.m.

PUBLIC HEARING:

Meeting resumed at 7 p.m.

Public Hearing – Road Conversion – Regatta Drive and Crestview Circle:
The Hearing Notice was read aloud in accordance with posting procedures.  An outline of work to be performed by the Department of Public Works to bring the roads to standard was disclosed.  Catherine Laurent, Assistant DPW Director, was present to discuss the project proposal.

Estimated cost to be borne by 28 property owners:  $378.82.  Would be rounded to $379.

A gentleman identified himself as a resident of Regatta questioned the $9,200. engineering costs.  Joyce explained that if construction costs were put on account rather than going the betterment route they wouldn’t have to go through all recording costs.  The resident said that sounds logical and he didn’t know they would have to register each lot.  So, the question to ask is do they want to go through betterment process or pay right up front.

Selectmen Cook reminded everyone that when there is a road taking there is a second petition that would have to be completed, signed by 50% of the homeowners, and would have to be filed by the second Monday in February, which is February 12, 2007, if they want to go to May Town Meeting.

Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Public Hearing – Road Conversion – Cayuga Avenue:
The Hearing Notice was read aloud in accordance with posting procedures.  An outline of work to be performed by the Department of Public Works to bring the roads to standard was disclosed.  Catherine Laurent, Assistant DPW Director, was present to discuss the project proposal.  Town Manager Joyce Mason pointed out that on the betterment cost estimate 42 property owners were noted, but this has been changed to 41 property owners.

Resident from 50 Cayuga Avenue asked how construction costs were estimated.  Catherine Laurent responded to him that costs were expected to be FY2009.  Catherine explained they have current year costs and estimate for inflation in arriving at these estimated costs.  The resident said this is double what Algonquin paid.  Catherine responded that pavement costs have doubled.  Also, it was mentioned that when Algonquin road taking was being done it was proposed to the residents of Cayuga to consider road conversion but they overwhelming rejected the road taking.

During the discussion questions arose as to correct number of property owners who will share the burden of the betterment costs.  Some property owners may own more than one lot and if petitioned they’d have to sign for each lot owned.  Town Manager Joyce Mason will go back and verify the information, will provide figures so property owners can decide, and will place on January 22, 2007 Board of Selectmen Meeting Agenda

Resident of 27/31 Cayuga Avenue said he built his house 12 years ago and this is the first letter he ever got.  He said town would have to come up with a better plan.
Public Hearing – Road Conversion – Cayuga Avenue (continued)
Motion made by Selectman Cook to continue the Public Hearing of the road conversion of Cayuga Avenue to 7 p.m., January 22, 2007, at Town Hall.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

ADJOURNMENT

Motion made by Selectman Cook to adjourn at 7:25 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing litigation.  The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
Selectman Taylor, yes                   Selectman Cook, yes
Selectman Cahalane, yes         Selectman Myers, yes
Selectman Green, yes                    Opposed, none


Respectfully submitted,

Jean Giliberti
Acting Recording Secretary
(For Kathleen M. Soares)