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Selectmen's Meeting Minutes 12/16/2003
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting: December 16, 2003
Date of Transcription: December 17, 2003
Transcribed by: Kelly Barrasso

I.              CALL MEETING TO ORDER BY CHAIRMAN

Chairman Chamberlain called the meeting to order at 7:10 P.M.

NOTE:   Chairman Chamberlain asked for a moment of silence on the passing of Peter Taggart, a Police Dept. dispatcher.

        A.  Roll Call

        Selectmen Present:      Cindy Chamberlain, Chairman
                                Patrick G. Tropeano, Clerk
                                Mary Jane Pillsbury
                                Renee Fernandes-Abbott
                                Bruce Savaugeau

        Present:                Michael Hartman, Town Administrator

NOTE:   The meeting proceeded w/ item VI.  Consent Agenda.

C1.  Authorization to sign bills, documents, etc.

MOTION: Selectman Tropeano moved the Board approve invoice from Methuen Construction Co., Inc. in the amount of $589,011.10 re: the WPCF upgrade project.  Selectman Pillsbury seconded.

VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained

MOTION: Selectman Tropeano moved the BOS approve invoice from Kopelman & Paige in the amount of $18,055.74 for professional services through 9/30/03.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

C2.  Appointment of Certified Weigher.

MOTION: Selectman Tropeano moved the BOS appoint Brett M. Walecka as a Certified

                Weigher to a term to expire 6/30/05.  Selectman Savaugeau seconded.

VOTE: Unanimous (5-0-0)

NOTE:   The meeting proceeded w/ item VII.  Town Administrator’s Report.

1.  Gateway Treasure Hunter’s Club.  Admin. has given permission for the Wareham Gateway Treasure Hunter’s Club to hold their annual organized treasure hunt on Onset Beach.  This will be their third year at this location.  They have scheduled the event for 5/15/04.  They have been responsible for maintaining &/or restoring the beach following the treasure hunt.

2.  Bid Award - Road Salt & Liquid Calcium Chloride.  Bids were received on 10/23/03.  Upon the recommendations of Mark Gifford, Municipal Maintenance Director & Kathy Corradi, Purchasing Admin, Admin., has awarded the bids to American Road Salt Co. in the amount of $33.26/ton delivered & All States Asphalt in the amount of $.71/gal. for road salt & liquid calcium chloride, respectively.

3.  NPDES General Permit for Storm Water Discharges.  Notification has been received from the U.S. Environmental Protection Agency that the Town’s Notice of Intent for coverage under the NPDES general permit for storm water discharges from small municipal separate storm sewer systems has been reviewed & the Town has been given permission to discharge storm water.

4.  Surplus Property.  Asked the BOS to declare as surplus property the items listed on the report they received, which includes vehicles & equipment from the Police, Inspections, EMS, WPCF & Maintenance Depts.  The equipment is either obsolete or no longer of use to the Town & will be disposed of through the bid process.

MOTION: Selectman Tropeano moved the BOS declare as surplus the items listed & allow for their disposal on the basis of competitive bids.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

5.  Change Order #3 - WPCF Upgrade.  CDM has summarized Change Order #3.  The six parts of this include electrical changes, operations building ceiling & lighting changes, site lighting, revised transformer location, & joining of HDPE/FRP w/ FERNCO.  The total dollar amount requested is $48,699.43.

MOTION: Selectman Tropeano moved the Board approve & authorize the Chair to sign Change Order #3 for the WPCF upgrade project in the amount of $48,699.43.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)
6.  Acceptance of Two Used Trucks.  Terry Edwards, President of T.L. Edwards, Inc., of Avon, MA, would like to donate two used trucks to the Town.  A brief description of the vehicles is as follows:

        - 1987 Ford F350 pickup w/ utility body, 175,782 miles, estimated value $2,000.
        - 1993 Dors F250 pickup w/ utility body, 133,104 miles, estimated value $6,000.

The Municipal Maintenance Director intends to have the trucks painted to match the rest of his vehicles.  One truck will be used by his “signs department” & the other will replace one of his existing vehicles.

MOTION: Selectman Tropeano moved the BOS accept two used trucks from T.L. Edwards, Inc. of Avon, MA to be used for general municipal purposes.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

7.  Donation to Library.  The Library has been given various china & memorabilia re: Onset & Wareham from the Decas family.

MOTION: Selectman Tropeano moved the BOS accept the gifts to be displayed in the Library.  Selectman Fernandes-Abbott seconded.

NOTE:   Selectman Pillsbury discussed the glassware, china, & memorabilia that will be displayed in the Library.

VOTE: Unanimous (5-0-0)

7. Plymouth County Group Insurance Program.  For the past two years, the Town, through Group Benefits Strategies (GBS), has been reviewing our benefit experience as a participant in the Plymouth County Group Insurance Program.  In 11/02, GBS made a presentation to the BOS.  At that time, the data clearly indicated that the Town & its employees had, in each of the five previous years, paid in excess of $300,000 more each year into the plan that had been received in benefits paid.  GBS recommended that the Town begin the process to disaffiliate from the Plymouth County program.  That process included discussions w/ all bargaining units (Town & School).

Figures have been reviewed for FY2003 & during the last year, the variance between payments into the plan & benefits received has grown to $700,000.

In 10/03, GBS & Admin. met w/ Joseph McCarthy & Rosalie Roddick to determine if the County would be willing to address the disparity in benefits received vs. premiums paid.  At that meeting, possible ways were suggested in which the County could address the disparity.  Although we have not formally heard from Plymouth County, we have heard informally from Mr. McCarthy that they will not be able to accommodate our request.

Under the Plymouth County Group rules, the Town must notify the County Commissioners by 1/1 if the Town intends to leave the group at the beginning of the next fiscal year.  Admin. recommended the BOS vote this evening to inform the County Commissioners that the Town will be leaving the group effective 7/1/04.  In the interim, the Town will continue to work w/ the County & will ask the BOS to revisit the issue if matters change significantly.

Admin. stated he has heard that there may be a 25% increase to tackle the deficit the County Group now faces.  He stated if this were happening in the private sector, they would be in receivership.  Discussion ensued.

MOTION: Selectman Tropeano moved the BOS vote to disaffiliate w/ the Plymouth County Group Insurance Program effective 7/1/04 & authorize the Admin. to work w/ the County Group for alternate terms.  Selectman Fernandes-Abbott seconded for discussion.

NOTE:   Selectman Fernandes-Abbott asked re: any agreements w/ other insurance groups.  Admin. stated there is nothing formal as of yet, but he is working on matters w/ re: to potential impacts.  He added that all unions but two have agreed to change insurance.  Discussion ensued.  Admin. stated he will be looking at alternate insurance groups w/ re: to self-insuring.

VOTE: (4-0-1)
Selectman Pillsbury abstained

8.  Executive Session w/ Historical Commission.  Asked the BOS to decide what time to meet w/ the Historical Commission on 12/19/03 for an Executive Session.

9.  Article 1 of 2003 Fall Special Town Meeting Warrant.  Admin. stated Article 1 of the Fall Special Town Meeting Warrant authorized the BOS to acquire several parcels on land on Swifts Beach.  He discussed ownership of the two parcels & stated negotiations re: the second parcel is going nowhere, thus he is asking the BOS to take this parcel (Order of Taking).

MOTION: Selectman Tropeano moved The Board Authorize the taking of the two parcels of Land at Swifts Beach Described in Article one of the 2003 Fall Town Meeting.
                Selectman Fernandes-Abbott seconded.

VOTE: (4-0-1)
Selectman Savaugeau abstained

10.  Land Trust & 61A.  Admin. stated there is still confusion pertaining to the BOS’s vote on the assignment of a 61A to the Land Trust.  He asked the BOS to vote to rescind its vote of 10/14/03 to midnight on 12/17/03 unless the Land Trust & A.D. Makepeace both ask for a joint extension.

MOTION: Selectman Tropeano moved the BOS rescind its motion of 10/14/03 to midnight on 12/27/03 unless the Land Trust & A.D. Makepeace both asks for a joint extension of time.  Selectman Savaugeau seconded.

VOTE: Unanimous (5-0-0)

11.  Water Dept. & Methuen Construction Co., Inc.  Admin. discussed problem that arose between the Water Dept. & Methuen Construction Co, Inc. & the WPCF upgrade.  He discussed an incident w/ Methuen Construction that led to the Water Superintendent ordering water be shut-off at 8:00 A.M. w/out notification to the Admin. or the Municipal Maintenance Dept.  He stated two issues arose due to this action, which were that 1) safety issues & 2) the WPCF couldn’t run w/out water.  He stated although Methuen Construction Co., Inc. was at fault, he feels the Water Dept. action was overkill.  He asked the Board to write a letter to the Board of Water Commissioners & the Water Superintendent re: this matter.

Selectman Tropeano expressed concern re: the incident & the action of the Water Superintendent.  He feels the Water Dept. should have contacted those in charge of the project &/or the appropriate Town officials first before shutting off water to a whole community.  He doesn’t feel the Water Superintendent’s action was appropriate to “get their attention”.  He again stated there were people on site that could have been spoken to, for example, the construction manager & the CDM manager.  Selectman Pillsbury agreed & stated these managers would have been responsive to the problem & would have taken care of the problem.  Admin. added that the plant had to be shut down to haulers for a period of time.  Discussion ensued.

MOTION: Selectman Pillsbury moved the Admin. prepare a letter to the Water Superintendent & the Board of Water Commissioners re: the incident & actions that took place at the WPCF on 11/24/03 & authorize the Chair to sign said letter.  Selectman Savaugeau seconded.

VOTE: Unanimous (5-0-0)

NOTE:   The meeting proceeded w/ item VIII.  Licenses & Permits.

A.  Hearing - Application of MG & GM, Inc., d/b/a Onset Bay Blues Café, Grant MacConnell, Manager, 2 West Central Ave., Onset, MA for a Seasonal Common Victualer All Alcoholic Beverages License, under the provisions of Chapter 138 of the MGL for the year 2003; Public Amusement License on Weekdays for Live Entertainment, under the provisions of Chapter 136 of the MGL for the year 2003; Public Amusement License on Weekdays for Live Entertainment & Dancing, under the provisions of & Dancing, under the provisions of Chapter 140 of the MGL for the year 2003; & Public Entertainment on Sunday License for Live Entertainment & Dancing, under the provisions of Chapter 136 of the MGL for the year 2003.

MOTION: Selectman Tropeano moved to open the hearing.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

Present before the BOS: Grant MacConnell

Mr. MacConnell stated he wants to open a neighborhood pub w/ a blues theme.  He submitted the green return receipts.  He stated he is in the process of moving his residence.

Discussion ensued re: the volume a five-piece band would create in such a small area.  Selectman Pillsbury stated this issue came up w/ the former owners & their entertainment was limited to 11:00 P.M. to see what happened.  Mr. MacConnell stated he would agree to a trial run of entertainment until 11:00 P.M.  He stated he would like to be open until 1:00 A.M., but entertainment will stop at 11:00 P.M.

No one spoke in favor or against the application.

MOTION: Selectman Tropeano moved to close the hearing.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

MOTION: Selectman Tropeano moved the BOS grant the application of MG & GM, Inc., d/b/a Onset Bay Blues Café, Grant MacConnell, Manager, 2 West Central Ave., Onset, MA for a Seasonal Common Victualer All Alcoholic Beverages License, under the provisions of Chapter 138 of the MGL for the year 2003 pending receipt of favorable CORI report & final inspections.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

MOTION: Selectman Tropeano moved the BOS grant the application of MG & GM, Inc., d/b/a Onset Bay Blues Café, Grant MacConnell, Manager, 2 West Central Ave., Onset, MA for a Public Amusement License on Weekdays for Live Entertainment, under the provisions of Chapter 136 of the MGL for the year 2003.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

MOTION: Selectman Tropeano moved the BOS approve the application of MG & GM, Inc., d/b/a Onset Bay Blues Café, Grant MacConnell, Manager, 2 West Central Ave., Onset, MA for a Public Amusement License on Weekdays for Live Entertainment & Dancing, under the provisions of & Dancing, under the provisions of Chapter 140 of the MGL for the year 2003.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

MOTION: Selectman Tropeano moved the BOS approve the application of MG & GM, Inc., d/b/a Onset Bay Blues Café, Grant MacConnell, Manager, 2 West Central Ave., Onset, MA for a Public Entertainment on Sunday License for Live Entertainment & Dancing, under the provisions of Chapter 136 of the MGL for the year 2003.  Selectman Savaugeau seconded.

VOTE: Unanimous (5-0-0)

B.  Approve the following applications for 2:00 A.M. Extension of Common Victualer All Alcoholic Beverages Licenses for 12/31/03, under the provisions of Chapter 138 of the MGL for the year 2003:

1.  Harbor Watch Inn, Marjorie Kisten, Manager, 167-169 Onset Ave., Onset, MA;
2.  Kaimo Corp., d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline Hoban, Manager, 2691 Cranberry Highway, Wareham, MA; &
3.  Tsintas, LLC, d/b/a Webster Hall, Demetrios Kalkanis, Manager, 207 Main St., Wareham, MA.

MOTION: Selectman Tropeano moved & Selectman Fernandes-Abbott seconded to Approve the following applications for 2:00 A.M. Extension of Common Victualer All Alcoholic Beverages Licenses for 12/31/03, under the provisions of Chapter 138 of the MGL for the year 2003:

1.  Harbor Watch Inn, Marjorie Kisten, Manager, 167-169 Onset Ave., Onset, MA;
2.  Kaimo Corp., d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline Hoban, Manager, 2691 Cranberry Highway, Wareham, MA; &
3.  Tsintas, LLC, d/b/a Webster Hall, Demetrios Kalkanis, Manager, 207 Main St., Wareham, MA.

VOTE: Unanimous (5-0-0)

C.  Approve the renewal of the following Year Round Common Victualer All Alcoholic Beverage Licenses for 2004, under the provisions of Chapter 138 of the MGL for the year 2003:

1.  Bay Pointe Country Club, Inc. d/b/a Bay Pointe Country Club, Robert Gunnarson, Manager, 19 Bay Pointe Dr., Onset, MA;
2.  Harbor Watch Inn, Margery Kistin Anzalone, Manager, 167-169 Onset Ave., Onset, MA;
3.  Kalkani Realty Trust d/b/a Webster Hall, Demetrios Kalkanis, Manager, 207 Main St., Wareham, MA;
4.  Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline Hoban, Manager, 2691 Cranberry Highway, Wareham, MA;
5.  Pier View Restaurant, Inc. d/b/a Stephen’s Lounge, Stephen M. Baptiste, Manager, 201 Onset Ave., Onset, MA;
6.  Vel’s, Ethel E. Bump, Manager, 2352 Cranberry Highway, West Wareham, MA; &
7.  Charlie’s Place, Charles J. Nickolaow, Manager, 3075 Cranberry Highway, Wareham, MA.







MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded to approve the renewal of the following Year Round Common Victualer All Alcoholic Beverage Licenses for 2004, under the provisions of Chapter 138 of the MGL for the year 2003:

1.  Bay Pointe Country Club, Inc. d/b/a Bay Pointe Country Club, Robert Gunnarson, Manager, 19 Bay Pointe Dr., Onset, MA;
2.  Harbor Watch Inn, Margery Kistin Anzalone, Manager, 167-169 Onset Ave., Onset, MA;
3.  Kalkani Realty Trust d/b/a Webster Hall, Demetrios Kalkanis, Manager, 207 Main St., Wareham, MA;
4.  Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacqueline Hoban, Manager, 2691 Cranberry Highway, Wareham, MA;
5.  Pier View Restaurant, Inc. d/b/a Stephen’s Lounge, Stephen M. Baptiste, Manager, 201 Onset Ave., Onset, MA;
6.  Vel’s, Ethel E. Bump, Manager, 2352 Cranberry Highway, West Wareham, MA; &
7.  Charlie’s Place, Charles J. Nickolaow, Manager, 3075 Cranberry Highway, Wareham, MA.

VOTE: Unanimous (5-0-0)

D.      Approve the renewal of the following Year Round Common Victualer Wines and Malts Beverages License for 2004, under the provisions of Chapter 138 of the MGL for the year 2003:
1.  Tsinka, Inc. d/b/a Minerva Pizza, Litsa Kalkanis, Manager, 255 Main Street, Wareham.

E.  Application of Rui & Pamela Rocha d/b/a R&R Limousine, 1 Uncatena Rd., West Wareham for Transporter Business Permit, under the provisions of Chapter 40, Section 22 of the MA General Laws for the year 2003.

Present before the BOS: Rui Rocha
                                Pamela Rocha
Mr. Rocha stated he & his wife would like to have a limo service that takes people to, for example, the airport & nights out.  He stated they have one town-car.

MOTION: Selectman Tropeano moved the BOS approve the application of Rui & Pamela Rocha d/b/a R&R Limousine, 1 Uncatena Rd., West Wareham for Transporter Business Permit, under the provisions of Chapter 40, Section 22 of the MA General Laws for the year 2003.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

NOTE:   The meeting proceeded w/ item IX.  Announcements.

1.  Mary Ann Silva, Town Clerk has qualified for the SSMC certification by the MA Town Clerk’s Association.  Only 99 of the 310 Clerks in MA have received this certification.

NOTE:   The meeting proceeded w/ item X.  Business.

A.  Create task force sub-committee - nitrogen issues.

Chairman Chamberlain stated that this would be discussed at a later date.

B.  TIPS training sessions.

Chairman Chamberlain stated that a number of training sessions have been scheduled, beginning in January.  She stated that approx. 72 people have signed up already.

C.  Any other business.
    (NONE)

NOTE:   The meeting proceeded w/ item XI.  Selectmen’s Reports.

1.  Selectman Savaugeau - Stated the Cable Advisory Committee’s ascertainment w/ the cable company would happen in January.  He briefly discussed the ascertainment process.

III.            PRESENTATION TO RETIREES

The BOS presented the following retiring employees w/ certificates of appreciation: Dale Zacamy, Kathy Corradi, & George LeBlanc.

IV.             PRESENTATION TO LOCAL HEROS

The BOS presented Christina Gabriel & Robert Byam w/ certificates of appreciation for their efforts in aiding Officer Douglas McCulloch whom was in distress on 6/14/03.

V.              RECOGNITION OF PAST MEMBERS OF THE BOS

The BOS presented the following past members of the BOS w/ certificates of recognition: Clayton Fuller, Leo LaCasse, Paul Foley, Charles Decas, Phyllis Decas, Claire McWilliams, Gardner McWilliams, Bob Kelonosey, Kenneth Roche, Sr., Manuel Sylvia, Dennis Damata, Susan Williams-Gifford, & Bob Brady.

VI.             CONSENT AGENDA
(DONE)

VII.            TOWN ADMINISTRATOR’S REPORT
(DONE)

VIII.           LICENSES & PERMITS      
                (DONE)

IX.             ANNOUNCEMENTS
(DONE)

X.              BUSINESS
(DONE)

XI.             SELECTMEN’S REPORTS
(DONE)

XII.            ADJOURNMENT

MOTION: Selectman Tropeano moved to adjourn the meeting at 8:10 P.M.  Selectman Fernandes-Abbott 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 February 10, 2004.

Attest: Patrick G. Tropeano
        Patrick G. Tropeano, Clerk
        BOARD OF SELECTMEN

Date signed: February 10, 2004
Date copy sent to Wareham Free Library:  February 25, 2004