11/18/2016 UPPER CAPE REGIONAL TRANSFER STATION BOARD OF MANAGERS Executive Session

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Board of Managers Upper Cape Regional Transfer Station EXECUTIVE SESSION Meeting Minutes November 18, 2016 at 1:14 p.m. Mashpee Town Hall Mashpee: Catherine Laurent, Chairman Falmouth: Ray Jack Sandwich: Paul Tilton Bourne: Dan Barrett, Phil Goddard (alt.) Otis: Chris Segura Present: Chairman Catherine Laurent, Paul Tilton, Chris Segura, Phil Goddard Also Present: Mike Richard & Mike Scipione—Weston & Sampson; Peter McConarty-- Falmouth DPW Absent: Ray Jack, Dan Barrett EXECUTIVE SESSION Executive Session commenced at 1:14 p.m. Bid Protest There was discussion regarding a bid protest initiated by Recycling Solutions due to an advertisement placed in the wrong section, suggesting a lease rather than use of the site, which would have triggered a different procurement process. In consultation with Mashpee's Town Counsel, it was recommended that all proposals be rejected and the RFP be reissued, which would negate the protest. Mr. Goddard suggested that the reissue could allow for the development of a tighter RFP for use of the site. Mr. Scipione agreed that it would be a clean method to reject all proposals, however, the Board may then receive only one proposal. Mr. Scipione suggested the Board move forward with their negotiations because they may have fewer respondents if the RFP was re-released. Mr. Scipione stated that the Inspector General would review the bid protest. It was noted that the Inspector General would be looking to ensure that the Board had followed the correct procurement procedures for 30B, but because of the error in the ad placement, it was perceived that the Board had not followed the correct procedures. It was noted that Executive Session minutes would need to be released and Counsel would need to be hired if the protest were to proceed. Mr. Goddard inquired whether the protest indicated interest on behalf of Recycling Solutions. Mr. Scipione indicated that he was unsure whether or not they were interested. Mr. Tilton agreed that it seemed they must wish to rebid. Mr. Goddard stated that if starting over, they would be able to craft a specific RFP. The Chair stated that the protest was based on a technicality because there was no other statement that the RFP would include a lease. Mr. Tilton inquired whether it would be considered a minor informality and whether it would go away. The Chair offered to contact Mashpee Town Counsel Pat Costello, and Board members were in agreement.