MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 14, 2003
Date of Transcription: October 15, 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 G. Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Sauvageau
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
III. CHAPTER 61A- WAREHAM LAND TRUST
Present before the BOS: Mary McFadden, Wareham Land Trust
Larry Stepworth, Wareham Land Trust
Tom Maloney, Director of Plymouth Pinelands Office of the
Nature Conservancy
Richard Serkey, Attorney for A.D. Makepeace Co.
Ms. McFadden discussed the assignment of first refusal to purchase land under the provisions of MGL, Chapter61A. (Attached as reference). She gave the background of Chapter 61A.
Ms. McFadden discussed what the Land Trust would do w/ this land if the assignment is made & funds can be generated to purchase it.
Mr. Maloney discussed the conservancy & economic regional planning. He stated the priority goal is conservation of land in southeastern MA. He discussed other agencies, both State & Federal that get involved w/ issues such as this one before the BOS. He stated the Land Trust would like to pursue the conservation of Makepeace lands. He urged the BOS to follow the law in reviewing 61A matters & grant this particular 61A to the Land Trust.
Mr. Maloney discussed the steps that will be utilized to determine the fair market value & appraisals of the property & they will be working w/ the A.D. Makepeace Co. on this.
Ms. McFadden stated the Land Trust needs more time, by law, to reach the best possible agreement w/ Makepeace.
Discussion ensued re: raising the type of funds that will be needed to purchase this land w/in the 120 day time period.
Mr. Stepworth stated another issue is that those that are willing to discuss donating funds won’t discuss anything until the assignment is made.
Discussion ensued re: the 120-day time period & how much time is left. Ms. McFadden asked that 10/9/03 be considered the receipt of notice date because that’s when paperwork was received. Admin. stated the legal receipt of notice date is the date the paperwork was received by the Town.
Mr. Serkey discussed the land being considered. He stated the Maple Springs property will contain 16 lots w/ approval not required by the Town & the appraised value of this property is approx. $2.9 million. He stated the Crane Landing property will contain 35 lots, which were approved for a sub-division plan, & the appraised value of this property is approx. $6.5 million. He stated some of these lots are already under agreement & utilities & driveways have already been completed.
Mr. Serkey stated that he personally delivered the notice for this land to Town Hall & was told that the Town Clerk would deliver the paperwork to the proper boards.
Ms. McFadden discussed the acreage she feels is being discussed.
Mr. Serkey discussed that the entity given the assignment (the Wareham Land Trust) needs to obtain money for the appraised cost of the properties. He feels the two properties should be considered separately because one of the projects already has agreements in hand & work has been done there. He stated the Maple Springs project is only under negotiations at this time. He discussed some options that may be considered.
Selectman Pillsbury discussed the Crane Landing project process & stated how long the process was. She questioned why the Land Trust is only now coming forward w/ their interest in this property & questioned what message the Land Trust is sending the Makepeace Co.
Ms. McFadden discussed the 120-day law & stated the Land Trust is looking at this land because of its critical nature. She doesn’t see why the BOS would see this request of the Land Trust as a negative message to the company. She again stated she is only asking for more time. Selectman Pillsbury feels it is sending a negative message to the company or any company that deals w/ environmentally critical land.
Mr. Maloney stated the land should have come out of 61A before any agreements were made, stone walls put in, etc. Discussion ensued.
Mr. Stepworth feels that land should come out of 61A before the process continues. He stated the Land Trust needs the opportunity to try & obtain funds to purchase this land.
Mr. Maloney again discussed the Chapter 61A law & how the land in question would be kept for agricultural usage.
Mr. Serkey stated that the Crane Landing property is approx. 75 acres. He stated the plan for this project was submitted, the appraisal went through, and this process was very long. He stated no one should be surprised that this property wouldn’t be reverted to develop able land. He is unclear why there is this perception by some. He stated that notice was given when it was decided the land would be converted for other uses approx. on 8/29/03.
Ms. McFadden discussed what the Land Trust’s intent would be for the Maple Springs land around the water; it would be used as recreation land. She added that there is no intent to purchase this land for the Water District.
Ms. McFadden read the law pertaining the Chapter 61A process.
Discussion ensued re: the remaining time period of 90 days.
Selectman Tropeano stated he would be in favor of granting the assignment to the Land Trust for a period of 90 days. He stated he doesn’t feel Makepeace should have gone ahead w/ the development of this land until it came out of Chapter 61A.
Selectman Sauvageau expressed concern re: the Land Trust being able to come up w/ the amount of money needed in a short amount of time.
Mr. Serkey feels if the money for these properties existed it would have shown itself earlier. He feels this is one last attempt at stopping the development of this land. He stated he would be in favor an assignment for a 30-day period for the Maple Springs land, but he recommended the other property not be considered.
Chairman Chamberlain feels that fund-raising efforts can be achieved.
Mr. Stepworth expressed concern re: Mr. Serkey’s comments re: the intention of the Land Trust.
Selectman Fernandes-Abbott stated she has no problem in giving the Land Trust the opportunity to seek funding.
Discussion ensued re: if the Land Trust was given 90 days, they will need to report to the BOS in 30 days on the status of their position.
MOTION: Selectman Tropeano moved the Town of Wareham through its Board of Selectmen, grant to the Wareham Land Trust, Inc., a non-profit conservation organization, its Right of First Refusal under Chapter 61A of the MGL for the so-called “Maple Springs” & “Crane Landing” lands (Lots 1-35 as shown on Plan #293 of 2003 at Plymouth Registry of Deeds, and Lots 8-15 on Land Court Plan #3416L), owned by the A.D. Makepeace Company & described in their August 29, 2003 letters to the Selectmen notifying the Town of their intent to convert the land to residential use. Such assignment is for the purpose of continuing the agricultural or horticultural use of a major portion of the property. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
Mr. Serkey questioned what was just done re: the motion.
IV. DISCUSSION W/ SCHOOL COMMITTEE
Present before the BOS: Dr. Wayne LaGue, Superintendent of Schools
Dr. Jim Collins, Asst. Superintendent of Schools
Bob Brousseau, School Committee President
Bill Doherty, School Committee Vice President
Mike Houdelette, School Committee Clerk
Ramona O’Hearn
Selectman Sauvageau apologized to the School Committee for not attending the dedication ceremony of the new wing of the Middle School in memory of Myron Peabody. He added he meant no disrespect.
Mr. Brousseau discussed the issues of bus transportation & when the School Committee found out about the funding problems. He stated at that time the School Committee invited the BOS to start discussions about this issue. He stated the School Committee never heard back from the BOS. He stated the School Committee was then notified in 8/03 re: the need for all Carpenter school buses to be taken off the road. He stated the Town has 12 of these buses, which are the oldest in the fleet. He stated the School Committee felt that the Capital Planning Committee & the Finance Committee needed to get a handle on this matter & the School Committee knew that discussion would be held w/ the BOS at some point.
Mr. Brousseau stated at the last School Committee meeting, it was voted to establish an advisory committee to look into the issue of transportation. He discussed the proposed make-up of this committee.
Dr. LaGue added that in addition to the 12 Carpenter buses, there are also two SPED Carpenter buses that need to be replaced.
Brief discussion ensued re: the cost for replacement of these buses & the loss of transportation funding by the State.
Selectman Pillsbury questioned if there is a need for an advisory committee & if there is a need to go through a big process as was done previously. Mr. Brousseau stated the School Committee is not looking to conduct a study as done in the past. He feels the advisory committee should look at how to handle the situation that is being faced now.
Selectman Pillsbury feels that the current costs of operating transportation should be looked at & then a bid put out to see what the contrasting costs would be.
Selectman Sauvageau stated there is a need to know what it currently costs to operate the transportation system & put it out to bid for contrast (in-house operation vs. contracted out operation). He stated there is a need to establish the least cost effective way to provide transportation.
Discussion ensued re: if school bus transportation comes under the purview of the BOS or the School Dept. Dr. LaGue stated he received a legal opinion from the Dept. of Education that states the School Dept. has purview. Selectman Tropeano disagreed & stated that the BOS has an opinion that this is a home rule issue. He discussed what the Charter states, for example, the Admin. is in charge of procuring anything relative to transportation.
Selectman Tropeano asked what the advisory committee would be looking at. Mr. Brousseau stated the advisory committee would look at the entire transportation issue.
Discussion ensued re: charging fees for transportation.
Selectman Pillsbury feels transportation should go out to bid & results received before any discussion is done re: other relative transportation matters, such as charging fees.
Dr. Collins stated he knows the bid numbers that surrounding towns contract out approx. $34,000 per bus.
Mr. Houdelette stated w/ ownership of the transportation fleet, special services can be offered vs. contracting transportation services out.
Discussion ensued re: the revolving fund for transportation.
Selectman Sauvageau questioned who is responsible for transportation & how much it is costing. Dr. LaGue stated he is convinced that the purview of transportation comes w/in the School Dept.’s purview. Selectman Sauvageau feels the purview issue needs to be established before moving forward.
Discussion ensued re: whose purview it is to put transportation out to bid. Discussion ensued re: how to obtain the answer of purview. Lengthy discussion ensued. Selectman Sauvageau suggested the Selectmen’s Town Counsel & the School Committee’s Counsel get together to hash this matter out.
Present before the BOS: Geoffrey Swett, Finance Committee Chairman
Mr. Swett stated it could be that both parties are correct w/ re: to the purview issue depending upon what exact question or definition is being given to counsels’.
Admin. discussed Town Counsel’s decision re: the purview matter. Discussion ensued re: awarding authority
Discussion ensued re: the proposed make-up of an advisory committee.
Dr. LaGue discussed the School Committee Counsel’s opinion re: purview.
Admin. Discussed the Town Charter & what it states re: transportation purview.
Selectman Pillsbury discussed the revolving fund the School Dept. is using for transportation & she feels this money should be coming back to offset costs for operating transportation.
The BOS concurred to not create an advisory committee at this time & for the School Dept. to provide information re: transportation. They also concurred to set a meeting for next week, w/ equal representation to discuss this matter further.
V. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
(NONE)
C2. Certificates for Eagle Scouts Was presented.
VI. TOWN ADMINISTRATOR’S REPORT
(NONE)
VII. LICENSES & PERMITS
A. Tomato & Basil
Present before the BOS: Brian Burkhead
Mr. Burkhead discussed his request for change of hours to improve his business.
MOTION: Selectman Tropeano moved the BOS grant the ...Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
VIII. ANNOUNCEMENTS
1. The Oak Grove School Celebration will be held on 10/26/03 at the Onset VFW at 4:30 P.M. Cost is $10 per person & RSVP by 10/24/03.
2. The Board of Health will be offering a free flu clinic at the Multi-Service Center, first floor, on 10/22 from 1:00 P.M. - 3:00 P.M. & 10/29 from 5:00 P.M. - 7:00 P.M.
3. A joint meeting of the BOS & the ZBA will be held on 10/23 at 6:30 P.M. in Room 320 in the Multi Service Center.
4. The Cable Advisory Committee will be meeting on 10/17/03 from 10:00 A.M. to 1:00 P.M.
5. Senator Pacheco will be holding a public meeting on manufactured housing at Taunton City Hall on 10/20/03 from 5:45 P.M. - 6:45 P.M.
6. The Home Depot grand opening will be held on 10/16/03 at 6:00 A.M.
IX. BUSINESS
A. Discussion of Town Meeting Warrant articles.
Article 2 - Stabilization Fund
Discussion ensued re: transferring $350,000 into the stabilization fund from free cash.
Selectman Tropeano expressed concern re: the Income voting on this article w/out discussing it w/ the BOS. Discussion ensued.
MOTION: Selectman Pillsbury moved the meeting go beyond the hour of 10:00 P.M. Selectman Tropeano seconded.
VOTE: Unanimous (5-0-0)
Article 4 - Capital Improvements
Selectman Fernandes-Abbot discussed what the Capital Committee voted on w/ re: to capital. She stated they only voted in merit because they were unclear re: funding sources.
Admin. Discussed how the tenants of the Oak Grove School will pay for debt service.
Article 9 - Women’s Centers
MOTION: Selectman Tropeano moved No Action on Article 9 of the 10/27/03 Fall Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Articles 11 & 12 - 2/3's Vote & Town Meeting Time
MOTION: Selectman Tropeano moved Favorable Action on Article 11 & 12 of the 10/27/03 Fall Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 16 - Personnel Plan Reclassification Study
MOTION: Selectman Tropeano moved Favorable Action on Article 16 of the 10/27/03 Fall Town Meeting Warrant. Selectman Sauvageau seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
Article 18 - Infiltration/Inflow Prevention Program
MOTION: Selectman Tropeano moved Favorable Action on Article 18 of the 10/27/03 Fall Town Meeting Warrant. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
Article 21 - Community Preservation Fund
Brief discussion ensued.
Article 22 - Mobile Home Park Regs.
Chairman Chamberlain suggested there be a meeting consisting of two BOS members, the Admin. & two to three park owners, & some tenants, but no attorneys. The BOS concurred. Chairman Chamberlain & Selectman Pillsbury will be the BOS representative.
Special Town Meeting Warrant articles
Article 4 - Abandon Public Way
Admin. stated a public way (Maple Springs Rd.) sits entirely through a business. In the past it was used to go through Rte. 25. He stated the business owns on both sides of the road & they possibly would like to purchase this piece from the Town.
MOTION: Selectman Tropeano moved Favorable Action on Article 4 of the 10/27/03 Special Town Meeting Warrant. Selectman Pillsbury seconded.
VOTE: (4-0-1)
Selectman Chamberlain abstained
B. Open Space Recreation Plan draft.
Chairman Chamberlain stated a copy of the action plan was submitted w/ revisions. She stated Mr. Emboli would like comments back from the BOS.
C. Any other business.
1. Chapter 61A.
Selectman Pillsbury expressed disappointment in the process of the 61A matter held previously this evening. She stated she was on the CPW Task Force for two years & was told that most of the land Mr. Maloney was interested in was in Plymouth. Brief discussion ensued.
X. SELECTMEN’S REPORTS
(NONE)
XI. ADJOURNMENT
MOTION: Selectman Tropeano moved at 10:30 P.M. to enter into Executive Session for the purpose of discussing personnel. Selectman Sauvageau seconded.
POLLED VOTE: Selectman Fernandes-Abbott - Yes
Selectman Pillsbury - Yes
Selectman Tropeano - Yes
Selectman Chamberlain - Yes
Selectman Sauvageau - Yes
VOTE: Unanimous (5-0-0)
Chairman Chamberlain stated the BOS would 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 April 6, 2004.
Attest: Patrick G. Tropeano
Patrick G. Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: April 6, 2004
Date copy sent to Wareham Free Library: April 7, 2004
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