MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 21, 2003
Date of Transcription: October 22, 2003
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Chamberlain called the meeting to order at 7:04 P.M.
A. Roll Call
Selectman Present: Cindy Chamberlain, Chairman
Patrick G. Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Sauvageau
Present: Michael Hartman, Town Administrator
MOTION: Selectman Tropeano moved at 7:05 P.M. to enter into Executive Session for the purpose of discussing personnel issues. Selectman Fernandes-Abbott seconded.
POLLED VOTE: Selectman Fernandes-Abbott - Yes
Selectman Pillsbury - Yes
Selectman Tropeano - Yes
Selectman Chamberlain - Yes
Selectman Sauvageau - Yes
VOTE: Unanimous (5-0-0)
NOTE: The open meeting reconvened at 7:15 P.M.
II. CITIZENS PARTICIPATION
Present before the BOS: Jeff Hallihan
Mr. Hallihan stated he & his wife are 50% owners of a mobile home park in Town. He asked if the BOS would be taking any testimonials relative to the article dealing w/ mobile home parks. Chairman Chamberlain stated this article is a BOS sponsored article & will be discussed tonight by the BOS only. She stated a meeting was held yesterday w/ various owners of mobile home parks. Mr. Hallihan asked if the largest mobile home park owner was included in this meeting. Chairman Chamberlain stated that three park owners attended. Mr. Hallihan asked if
he could introduce an attorney. Chairman Chamberlain stated “No” & that the meeting held yesterday was to obtain the feelings of the park owners relative to rent control.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the Board sign, in front of the Town Clerk, the MA Water Pollution Abatement Bond for $12,381,363. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C2. Appointment to the Old Colony Elderly Services, Inc./Board of Directors.
MOTION: Selectman Tropeano moved the BOS appoint Earl Dalrymple as a member to the Old Colony Elderly Services, Inc. - Board of Directors to a term to expire 8/30/04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
1. Bid Award - Weweantic Shores Sewer Construction Project. Six bids were received & opened on 9/23/03. It is recommended that Celco Construction Corp. of Pembroke, MA be awarded the bid for $3,144,701.50.
MOTION: Selectman Tropeano moved the Board award the Weweantic Shores Sewer Construction Project to Celco Construction Corp. of Pembroke, MA for $3,144,701.50 & to authorize the Chair to execute contract documents. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
2. 61A Motion. Admin. stated there was some confusion re: the clarification of the assignment of a 61A to the Land Trust. The motion made did not include the deadline of 12/29/03.
MOTION: Selectman Tropeano moved the BOS reconsider its vote re: the assignment of 61A Right of First Refusal to the Wareham Land Trust made 10/14/03. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS grant to the Wareham Land Trust, Inc., a non-profit organization, its Right of First Refusal under Chapter 61A of the MGL for the so-called “Maple Springs” and “Crane Landing” lands (Lots 1-35 as shown on Plan #293 of 2003 at Plymouth Registry of Deeds, and Lots 8-15 on Plan #77 of 2003, recorded in Plan Book 46, page 486: and lots 18-25 on Land Court Plan #3416L), owned by A.D. Makepeace Company and described in their 8/29/03 letters to the Selectmen notifying the Town of their intent to convert the land to residential use and such assignment is for the purpose of continuing the agricultural or horticultural use of a major portion of the property and further, assign these rights until 12/29/03 with the
requirement that there be a 30 day update for the BOS on said assignment. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
3. Early Retirement Incentive. Spoke re: potential for offering an early retirement option. Admin. recommended the BOS consider offering an early retirement incentive to the following depts.: Treasurer’s Dept., Inspections Dept., Purchasing Dept., Library, and to the following school services: Food Services, Transportation, Special Education Dept., & Fields & Grounds.
MOTION: Selectman Tropeano moved the BOS allow the Town to offer an early retirement incentive to the following depts.: Treasurer’s Dept., Inspections Dept., Purchasing Dept., Library, and to the following school services: Food Services, Transportation, Special Education Dept., & Fields & Grounds. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
V. LICENSES & PERMITS
A. Change of Manager - Hadley-Macintosh Enterprises, Inc., 5 Onset Blvd., Onset, MA, d/b/a Café Uva, Justin Todd Hadley & Scott Macintosh, Managers, Seasonal Common Victualer Wines & Malt Beverage License.
Present before the BOS: Justin Hadley
Mr. Hadley stated his partner no longer wants to be part of the corp., thus he would like to change the manager on the license.
MOTION: Selectman Tropeano moved the BOS approve the change of manager for Hadley-Macintosh Enterprises, Inc., 5 Onset Blvd., Onset, MA, d/b/a Café Uva to Justin Todd Hadley contingent upon positive receipt of CORI report. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VI. ANNOUNCEMENTS
1. Pumpkin Festival - Sunday 10/26 at High School football field - Call Rec. Dept. for more information.
2. Haunted House at Rec. Center (under 10 yrs. old), Thursday, 10/30 from 6:00 P.M. - 8:00 P.M. - $4 purchased before 10/27, $6 at the door.
3. Halloween Party at Rec. Center (ages 2-5), Friday, 10/31 from 3:00 P.M. - 4:00 P.M.
VII. BUSINESS
A. Discussion of Town Meeting Warrant Articles.
1. Article 22 - Manufactured Homes
Chairman Chamberlain discussed her memo to the BOS re: meeting held w/ residents & various mobile home park owners as well as the pros & cons of rent control.
Selectman Fernandes-Abbott questioned how imposing rent control would solidify mobile homes as affordable housing. Selectman Sauvageau stated that Senator Pacheco has stated the measure re: mobile homes being considered affordable housing will be “dead on arrival” on the legislative floor.
Selectman Sauvageau feels Article 22 deserves full consideration & should stand on its own merits. He does not feel this matters would be a typical rent control issue. He sees it as a management control issue. He discussed fees paid for licensing of land & easements of land. He feels both sides (landowners & mobile home owners) of the debate should have equal say.
Selectman Sauvageau stated that Senator Pacheco has received 2,000+ calls this year re: mobile homes and the Senator has approx. 3,500 mobile homes in his District. He feels this needs matter needs to be addressed. He again stated this issue is not about rent, but management. He feels a local oversight authority is appropriate to oversee the two parties.
Chairman Chamberlain stated this article was presented for a reason & none of the reasons are what Selectman Sauvageau has indicated. She stated she would consider bringing this matter forward further after discussing it w/ all the park owners & tenants as well as creating a board of some type. She stated this article was put forward on the advice of Counsel & Counsel could not give a guarantee that it would make gains (after meeting w/ the park owners).
Selectman Sauvageau does not see affordable housing as part of the issue anymore, since legislatively, there is no room for it. He discussed the meeting he attended w/ Senator Pacheco speaking & discussed what the Senator discussed relative to manufactured housing. He feels this issue should be discussed at Town Meeting & the merits of the article stand. He feels the owners should be entitled to a fair profit on their investment & be able to protect the investment. He stated he is in favor of putting this matter forward for Town Meeting debate.
Selectman Tropeano stated several people have said to him (those that live in mobile home parks) that they do not want to be considered low income. He stated the issue is affordable housing, not low income. He stated some feel that this article would bring in more low-income people, which is not true. He believes this article should be debated on Town Meeting floor.
Selectman Pillsbury stated the problem is how the BOS will vote. She stated she does not know enough about the article to make a recommendation. She stated she would like to see the BOS Further Study this matter so a mechanism can be put forth to review this matter. She does not feel this matter is a declaration of an emergency.
Selectman Fernandes-Abbott stated Selectman Sauvageau made some good points about what is needed legislatively, but she feels a vote of Further Study is the way to move forward at this point. She feels Selectman Sauvageau is speaking about a housing authority. Selectman Sauvageau disagreed & stated he is not speaking about a housing authority. He discussed what he feels the article states.
Selectman Sauvageau stated as a Board, the BOS could study the points, but those that know more about the mobile homes & are well prepared to make arguments on Town Meeting floor should be listened to by the BOS so decisions can be made after listening to the arguments.
Discussion ensued re: a Further Study vote on this article.
Chairman Chamberlain discussed the responsibility of the BOS to lead & to consider the best interest of the residents of the Town.
Selectman Sauvageau stated the BOS submitted this article & he expressed concern that the BOS is not prepared to vote or understands this article. He does not feel that Senator Pacheco’s office is the level at which these two parties should be working out this matter. He feels it should be at the local level & that Town Meeting is the place to work this out.
Chairman Chamberlain & Selectman Sauvageau debated Senator Pacheco’s responsibilities.
Selectman Pillsbury stated this is not the first time that the BOS has inserted an article & has voted to Further Study it. She stated if it is a good idea now it will be good in April. She stated that sometimes Town Meeting can be intimidating. She stated if the article is Further Studied a mechanism can be set up which would give all involved the opportunity to formulate opinions & ideas & come back in April. She stated Town Meeting has never been the place to formulate By-laws, committees, or anything else. She added that after reading the legislation proposed, she is having trouble w/ the way it reads.
Selectman Tropeano stated he does not have a problem w/ Further Studying the article, but the debate will go on at Town Meeting & information will be gathered.
MOTION: Selectman Pillsbury moved to Further Study Article 22 of the 10/27/03 Fall Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: (4-1-0)
Selectman Sauvageau opposed
Chairman Chamberlain stated she would ask the FinCom to reconsider their vote on Article 22 as well.
2. Special Town Meeting Warrant Article #2 - HVAC - Upper Cape Cod Regional Technical School.
Present before the BOS: Barry Motta, Superintendent of Upper Cape Regional Tech. School
Kent Pierce, Town’s Representative to Upper Cape Regional Tech.
School
Mr. Motta gave the history of Phase I project completion (ventilation unit). He stated this project was started due to excessive toxins found in the old ventilation unit. He stated also included in Phase I was to assess the rest of the building. He discussed how the assessment was conducted & what was found. He stated this ventilation system had a life span of approx. 25-35 years & the system is now 34 years old. He discussed needed replacements.
Mr. Motta discussed meeting w/ all five Admin.’s of the five towns involved w/ the school. He stated the study performed at the school was sent to the MA Dept. of Public Health. He stated the Dept. of Public Health agreed that something had to be done re: the ventilation problems.
Mr. Motta spoke briefly re: the contractor doing the work & the bonding agent. He discussed the project cost & payments based on 3.75%. Discussion ensued re: what is being paid on the current bond at the present time, which will expire in four years.
Mr. Motta stated the Town of Bourne has already voted favorably re: this matter & the Town of Sandwich voted not to hold a Town Meeting.
Selectman Sauvageau discussed the construction costs & design contingency costs. He feels there is a 25% over estimate in costs on the information sheet Mr. Motta provided the BOS. Mr. Motta discussed cost overruns, change orders, etc. Selectman Sauvageau stated the contingency fee should not be factored in under this schedule because it will be charged interest. Mr. Motta discussed how the change orders are kept to a minimum & that the authorizing of change orders lay w/ him.
Selectman Tropeano stated 25% is a lot for a contingency fee. Mr. Motta stated on Phase I the project is running over approx. $28,000 on a $615,000 project. He discussed emergency reserve money saved. He stated that he only had $300,000 to start Phase I. Discussion ensued re: the project running over more than $28,000.
Selectman Sauvageau expressed concern re: the monetary impact this article will have on the Town along w/ the school bus issue.
Mr. Motta discussed health issues at the school due to the age of the building & the old ventilation system.
Discussion ensued re: having Town representatives visit the school.
Selectman Tropeano expressed concern re: the project actually being $300,000 over cost & having the school personnel overseeing the project. Mr. Motta discussed what the original bond was for & that the costs were underestimated at the time. He added that he was not the Superintendent at that time & he inherited these problems.
Discussion ensued re: not accepting a 25% contingency & the need for a project manager to oversee this project.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 2 of the 10/27/03 Special Town Meeting Warrant. Selectman Tropeano seconded.
VOTE: Unanimous (5-0-0)
3. Special Town Meeting Warrant Article 6 - Mutual Aid Program
Present before the BOS: Lt. Irving Wallace, Wareham Police Dept.
Lt. Wallace stated the article is asking the Town to adopt a mutual aid agreement w/ other towns that would allow the use of additional police forces for things such as search & rescue, lost children, fires, etc. He discussed the other towns involved. He stated this would be a well-coordinated effort if used & offers the Town the ability to tap other resources. Discussion ensued.
Lt. Wallace stated acceptance of this article will mean acceptance of Chapter 40, Section 8G & will allow the Town’s Police Dept. to be involved w/ mutual aid w/ any community of their choosing in MA.
MOTION: Selectman Tropeano moved Favorable Action on Article 6 of the 10/27/03 Special Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
4. Special Town Meeting Warrant Article 7 - Moratorium Petition Article
Present before the BOS: Ted du Moulin, Open Space Committee
Donald Hall, Open Space Committee
Ed Pacewitz, Open Space Committee
Chairman Chamberlain stated that this is a petition article submitted by Mr. du Moulin & Mr. Hall & she asked that only these two people come before the BOS. Mr. du Moulin deferred any questioning to Mr. Pacewitz. The BOS briefly discussed whether to proceed or not.
Mr. Pacewitz discussed typing errors in the article inserted into the Warrant. Admin. stated that staff included information that did not belong in the Warrant & this will be amended on Town Meeting floor.
Mr. Pacewitz stated that the last two paragraphs contained in the article have nothing to do w/ the article & should not have been included. Admin. stated that staff inadvertently added the General Court portion. He stated the very last paragraph has always been put there (as presented). Mr. Pacewitz stated that “as presented” is not correct because it was not reproduced exactly “as presented”.
Mr. Pacewitz discussed the proposed moratorium & addressed new septic systems that would affect the Wareham & Weweantic River systems. He stated both rivers are on the impaired rivers list by the EPA. He discussed nitrogen issues found in these rivers. He stated the Zoning By-laws & Board of Health laws are in need of updating. He stated the moratorium is a “time out” to assess all of these factors & to have the zoning re-write come to fruition.
Mr. Pacewitz stated that 94% of the building permits issued last year would not be affected by this moratorium. He stated information & scientific evidence should be gathered for standards w/ re: to septic systems.
Selectman Sauvageau doesn’t believe when this article gets to Town Meeting floor that there will be any scientific proof & that the zoning re-write will not focus on re-writing nitrogen reducing rules. He stated the conclusion that this moratorium will take effect immediately is not correct. He stated the Town has worked w/ the A.D. Makepeace Co. for two years along w/ Mr. du Moulin who attended meetings in which he (Mr. du Moulin) never voiced any opposing opinions. He stated the BOS is not blocking this article. He feels this article interrupts & undermines the process the Town has worked on w/ Makepeace. He feels constant issues like this are not a good thing.
Mr. Pacewitz stated Makepeace’s proposed BDOD has no provisions for nitrogen removing septic systems. Selectman Pillsbury stated that the guidelines for the BDOD have not even been discussed or decided yet.
Mr. Pacewitz stated the amount of discretion that was shown for the Tihonet projects w/ re: to
nitrogen removing systems were not good enough.
Selectman Tropeano stated that this moratorium would not accomplish what is intended because sub-division plans will still need to be accepted & the moratorium will only stop someone from getting a building permit. Mr. Pacewitz does not agree. Selectman Tropeano discussed the State statute.
Mr. Pacewitz discussed concerns re: the Tihonet South project. Discussion ensued re: freeze of a By-law & the public health By-law. Discussion ensued re: the Tihonet North & South projects & that nitrogen removing systems will be placed at the Tihonet South project.
Discussion ensued re: building cap articles that have been brought forward in the past. Discussion ensued re: the position of the Wareham Water Commissioners re: this article.
Mr. Pacewitz stated that he is not anti-development, he just wants things done right. He also stated that he did not mis-represent himself to Town Counsel. Admin. discussed what Town Counsel stated Mr. Pacewitz said to them.
Selectman Tropeano stated the Planning Board, w/in 60 days, could enact a rule re: building in watershed areas.
Mr. Pacewitz discussed the river estuary program being conducted. Selectman Pillsbury stated that a study of the Wareham River has been conducted already. She discussed the study. Selectman Sauvageau added that pollution of this river is coming from existing homes & the Town is trying to address this problem.
MOTION: Selectman Tropeano moved No Action on Article 7 of the 10/27/03 Special Town Meeting Warrant. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting went back to item IV. Town Administrator’s Report - 4. Article 1 - Fall Town Meeting Warrant.
Article 1 - Supplemental Budget
Admin. discussed the budget increases & transfers totaling $260,101 & where this amount is derived from. He stated that free cash will be certified next week & the amount will be less than $1.6 million. Brief discussion ensued.
MOTION: Selectman Tropeano moved Favorable Action on Article 1 of the 10/27/03 Fall Town Meeting Warrant for $260,101. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
Article 2 - Stabilization Fund
Admin. stated $350,000 is being proposed to be returned to the Stabilization Fund. Discussion ensued re: setting up additional stabilization accounts. Admin. discussed the ability to do this.
MOTION: Selectman Tropeano moved Favorable Action on Article 2 of the 10/27/03 Fall Town Meeting Warrant for $350,000. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
Article 3 - Unpaid Bills
Admin. stated there is only one bill from prior years in which there is a balance due to New Bedford Medical Associates for a 1996 incident. A settlement has been reached recently & the balance remaining is $2,670.
MOTION: Selectman Tropeano moved Favorable Action on Article 3 of the 10/27/03 Fall Town Meeting Warrant for $2,670. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Admin. stated that he is looking at approx. $1.1 million in carry-over from free cash. He stated the Capital Planning Committee would borrow for capital items & not using free cash.
Article 17 - Oak Grove School
Admin. stated the Oak Grove School borrowing will not exceed $450,000 from the Capital Planning Committee. Discussion ensued.
MOTION: Selectman Tropeano moved Favorable Action on Article 17 of the 10/27/03 Fall Town Meeting Warrant for $450,000. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 15 - Community Preservation Funds
Admin. stated that $15,000 is for administrative costs & he discussed what administrative costs are. He stated he would look into this matter further.
Special Town Meeting Warrant:
Article 5
MOTION: Selectman Tropeano moved Favorable Action on Article 5 of the 10/27/03 Special Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
NOTE: The meeting went back to item VII. Business - B. Any other business.
1. Superintendent Search.
Chairman Chamberlain received a memo from the School Committee re: a BOS member needed to sit on the new Superintendent Screening Committee. Selectman Sauvageau volunteered.
2. Applications for School Committee Position.
Chairman Chamberlain stated that applications are being accepted for the School Committee position. She stated a joint meeting between the BOS & the School Committee will be held on 11/5/03 at the Middle School Library at 6:30 P.M. She stated the BOS & School Committee would interview four applicants.
VIII. SELECTMEN’S REPORTS
1. Chairman Chamberlain - Town Meeting Warrants are now available in Town Hall.
Chairman Chamberlain stated she & Selectman Tropeano attended the grand opening of Home Depot & spoke on behalf of the BOS & the Admin. She added that she saw many citizens from the Town being employed there.
2. Selectman Fernandes-Abbott - New hours of operation are in effect on 11/1 for the transfer station. She stated the station would close on Mondays. The new hours are Tues.- Sat. 8-4 & Sun. 12-4. She stated on Sundays, bulky waste will not be accepted.
MOTION: Selectman Pillsbury moved to go beyond the hour of 10:00 P.M. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
3. Selectman Sauvageau - The Cable Advisory Committee met w/ the chosen attorney & a management consultant re: organization & finance & whether to establish non-profit access community, financing capital planning, & an operating budget. He stated there was also discussion of management/controlling contract between the Town & the provider. Brief discussion ensued re: community access channels.
IX. ADJOURNMENT
MOTION: Selectman Tropeano moved to adjourn the meeting at 10:06 P.M. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on 11/04/03.
Attest: Patrick G. Tropeano
Patrick G. Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: 11//04/03
Date copy sent to Wareham Free Library: 11/17/03.
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