MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: September 9, 2003
Date of Transcription: September 10, 2003
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Chamberlain called the meeting to order at 7:00 P.M.
A. Roll Call
Selectmen Present: Cindy Chamberlain, Chairman
Patrick Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Savaugeau
Also Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the BOS: Mary Ann Silva, Town Clerk
Ms. Silva addressed the issue surrounding the Makepeace decision filings. She feels the need to defend herself. She stated on the date in question, her window was open until 5:00 P.M. She stated previously that day she had received a call from Mr. Gricus stating that the BOS had requested the Clerk’s office stay open until 5:00 P.M. She stated at 4:30 P.M. things were locked up, but the window stayed open. She stated at 5:00 P.M. she closed the window, gathered her belongings, & left. She stated she wished someone had called her to tell her the meeting was running longer than expected.
Chairman Chamberlain discussed why the meeting had run late & the fact that the decisions couldn’t have been filed anyway due to the fact that there were only two Planning Board members’ signatures on the documents. She added that the BOS does not blame Ms. Silva for what transpired.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the Board approve invoice #80155533/12 from Camp, Dresser & McKee in the amount of $23,634.12 re: construction & O&M
services for the Wareham WPCF upgrade. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice #80155532/24 from Camp, Dresser & McKee in the amount of $54,987.01 re: construction & O&M services for the Wareham WPCF upgrade. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
C2. Approve minutes of previous meetings: 10/8/02 - Executive Session & 8/5/03 - Regular Session.
MOTION: Selectman Tropeano moved the BOS approve the Executive Session meeting minutes of 10/8/02. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 8/5/03. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
C3. Appointment to the Cable Advisory Committee.
MOTION: Selectman Tropeano moved the BOS appoint James B. Newman, Jr. as a member to the Cable Advisory Committee to a term to expire 6/30/04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
1. Town Hall Update. Over the past few months, the front steps were readied for a new wrought iron railing. Holes were drilled to accommodate the posts & this week the actual installation of the railing began.
Restoration work to the Town Hall facade has included replacing the columns & the cupola, taking the front steps apart & re-setting them, & replacing the sidewalks surrounding Town Hall. The front sidewalk was replaced when the Rte. 6 road work was done last year.
Town Hall sidewalks have also been replaced along the Viking Dr. side & across the front from Viking Dr. to the center walkway. This work was done by the students of Upper Cape Cod Regional Technical School & they did an excellent job. Work was suspended over the summer while they were on break. Now that sessions have resumed, Admin. expects them to be back to finish the project.
2. On-Call Animal Control Officer. If anyone is interested, the Town is taking applications for an on-call animal control officer. The position involves being available weekends, holidays, & for emergencies. Applications are available through the Personnel Office at Town Hall.
Selectman Pillsbury commended the Admin. & Mr. Gifford, Municipal Maintenance Director for getting the Town Hall project completed & saving money.
NOTE: The meeting proceeded w/ item VI. Announcements.
1. The YMCA will hold its second annual Fall Boat Cruise on 9/26/03 at 7:00 P.M. at the Onset Pier.
NOTE: The meeting proceeded w/ item VII. Business - C. Boston Post Cane.
Chairman Chamberlain briefly discussed the history of the Boston Post Cane & asked if a replica should be made of the cane & the original be given out.
Selectman Pillsbury feels a replica should be made to give out or a pin made. She stated there are very few of these canes left & she feels the original cane should be preserved as an artifact.
Chairman Chamberlain stated she can contact a New Hampshire company to see if a replica can be made.
Selectman Tropeano feels the original cane should be used to keep w/ tradition. Selectman Savaugeau feels the original cane should be displayed.
The BOS members concurred to look into having a replica made of the cane & if this is not feasible, then a plaque can be made.
V. LICENSES & PERMITS
A. Hearing - Application of Mary Wouters - Tirrell d/b/a Fonzie’s Diner & Gift Shop, 3074 Cranberry Highway, East Wareham, MA for a 1) Public Amusement License on weekdays for a juke box & an auto museum & 2) Public Amusement License on Sundays for a juke box & an auto museum, under the provisions of Chapter 140 of the MA General Laws.
Present before the BOS: Mary Wouters-Tirrell
MOTION: Selectman Tropeano moved to open the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
No-one spoke in favor or against the application.
Ms. Wouters-Tirrell stated that $5 will be charged for entrance into the auto museum & a juke box will be the only entertainment.
MOTION: Selectman Tropeano moved the BOS approve the application of Mary Wouters - Tirrell d/b/a Fonzie’s Diner & Gift Shop, 3074 Cranberry Highway, East Wareham, MA for a 1) Public Amusement License on weekdays for a juke box & an auto museum & 2) Public Amusement License on Sundays for a juke box & an auto museum, under the provisions of Chapter 140 of the MA General Laws. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Savaugeau abstained
NOTE: The meeting proceeded w/ item VII. Business - A. Close Town Meeting Warrant.
Discussion ensued re: striking either article #5 or #3 due to duplication.
Discussion ensued re: inserting an article pertaining to mobile homes & rent control & a Community Preservation article.
The BOS members concurred to insert this article into the regular Warrant.
MOTION: Selectman Tropeano moved the BOS close the Fall Town Meeting Warrant w/ the provision to allow changes to be made for typing errors & for the inclusion of an article pertaining to mobile homes & rent control & a Community Preservation article. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
B. Establish Special Fall Meeting dates.
Selectman Tropeano read the process for calling the Fall Town Meeting into the record. (Attached as reference).
MOTION: Selectman Tropeano moved the BOS establish the Fall Town Meeting dates as read into the record. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C. Boston Post Cane.
(Done)
D. Any other business.
1. Road Summit
Chairman Chamberlain stated the roadway summit will be held on 9/13 at 9:00 P.M. in the BOS’s meeting room. Brief discussion ensued.
Chairman Chamberlain briefly outlined the format for the summit, timeframes, & what public participation there will be. Brief discussion ensued.
NOTE: The meeting proceeded w/ item V. Licenses & Permits - B. Hearing - Application of Francis E. Ellis, Jr., d/b/a Route 6 Auto Sales, 58 Sandwich Rd., Wareham, MA for a Class II License, in accordance w/ the provisions of Chapter 140 of the MA General Laws.
Present before the BOS: Francis Ellis, Jr.
MOTION: Selectman Pillsbury moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Discussion ensued re: if this license was handed in & if it was advertised as to being turned in.
Mr. Ellis submitted the green return receipts.
No one spoke in favor or against the application.
Mr. Ellis discussed the hours of operation.
Present before the BOS: Lenord Bello, Attorney
Mr. Bello inquired as to if this license can be transferred. He expressed concern re: that if the Town doesn’t accept applications for Class II Licenses because there are none available then one can be transferred if it is handed in. He feels the BOS’s policy needs to be clarified.
Brief discussion ensued re: Mr. Bello’s comments. The BOS concurred that the policy needs to be clarified re: this issue.
Mr. Bello also suggested that applications for Class II Licenses be accepted & put on a waiting list, even though no licenses may be available at such a time.
Selectman Tropeano addressed Mr. Ellis & stated that the parking spaces need to be clearly marked on the lot.
Discussion ensued re: how many cars will be at the establishment. It was stated that the prior license was unlimited w/ re: to how many vehicles.
Chairman Chamberlain read the license description into the record. Discussion ensued.
Selectmen Pillsbury & Fernandes-Abbott suggested placing a limit of 23 vehicles on the license & then have it modified later.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the application of Francis E. Ellis, Jr., d/b/a Route 6 Auto Sales, 58 Sandwich Rd., Wareham, MA for a Class II License, in accordance w/ the provisions of Chapter 140 of the MA General Laws w/ the condition that there be a limit of 23 vehicles & all parking spaces be clearly marked. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C. Hearing - To determine if a Year-Round Common Victualer All Alcoholic Beverages License issued to Brendan J. Crosby, Jr. d/b/a The Raven, 2691 Cranberry Highway, Wareham, MA should be modified, suspended, revoked or canceled under the provisions of MA General Laws for the year 2003.
Present before the BOS: Brendan Crosby, Jr.
MOTION: Selectman Tropeano moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
(Selectman Pillsbury stated she would not be voting on this matter)
Chairman Chamberlain spoke re: the police report submitted pertaining to the issue of manager.
Mr. Crosby stated he sold the property to a person & in turn, this person sold the corporation. He said prior to the sale of the corporation, he was leasing the property for $1 per month until the transfer of license to the corporation came through. He spoke re: his request to close the business & that permission was granted to do so.
Mr. Crosby stated w/ re: to the manager issue, he stated he is the manager & whatever was stated by the employee, he is the manager. He stated the business is currently closed & the property has been sold.
Present before the BOS: Lenord Bello, Attorney
Mr. Bello clarified what transpired w/ this sale of the business.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Savaugeau seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
MOTION: Selectman Tropeano moved the BOS find the facts stated & that license remain w/ The Raven until the information is submitted for the transfer at the 9/23 BOS meeting. Selectman Savaugeau seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
VI. ANNOUNCEMENTS
(DONE)
VII. BUSINESS
D. Any other business.
Selectman Pillsbury stated receiving a call from Mr. Ferriera, Chairman of the ZBA & Ms. Frangiadis, Chairman of the Planning Board re: the Special Municipal Employee status which the BOS had rescinded last week. She feels these two board members did what the BOS asked them to do & she feels the SME status should be given back to these two boards.
MOTION: Selectman Pillsbury moved the BOS reinstate Special Municipal Employee status to the Planning Board & the ZBA. Selectman Fernandes-Abbott seconded for discussion.
NOTE: Discussion ensued re: the ZBA.
Admin. discussed the process for disclosing by law.
The motion & the second were w/drawn.
MOTION: Selectman Pillsbury moved to rescind the vote to rescind the Special Municipal Employee status for the ZBA & Planning Board dated 9/2/03. Selectman Fernandes-Abbott seconded.
VOTE: (4-1-0)
Selectman Tropeano opposed
VIII. SELECTMEN’S REPORTS
1. Selectman Chamberlain - Gave report of the SRPEDD meeting she attended. She gave a summary of recommendations of the MPO Plan which includes Cranberry Highway & Tobey Rd. area as well as the Makepeace property for the interchange. She added that through the Transportation Improvement Project for FY03 the Main Ave. bridge will be replaced in Onset & there is still the idea for a plan for a bike path in Town.
IX. ADJOURNMENT
MOTION: Selectman Tropeano moved at 8:45 P.M. to enter into Executive Session for the purpose of discussing strategy relative to litigation. Selectman Pillsbury seconded.
POLLED VOTE: Selectman Pillsbury - Yes
Selectman Tropeano - Yes
Selectman Fernandes-Abbott - Yes
Selectman Chamberlain - Yes
Selectman Savaugeau - Yes
VOTE: Unanimous (5-0-0)
NOTE: The BOS will not be coming back into open session.
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on 10/27/03.
Attest: Patrick Tropeano
Patrick Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: 10/27/03
Date copy sent to Wareham Free Library: 10/28/03.
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