MINUTES OF MEETING OF BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: August 5, 2003
Date of Transcription: August 6, 2003
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER
Chairman Chamberlain called the meeting to order 7:15 P.M.
A. Roll Call
Selectmen Present: Cindy Chamberlain, Chairman
Patrick Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Sauvageau
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
1. Jim Newman - Stated the Veteran’s Council has started process of updating plaques on the walls.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the Board approve invoice #80152736/18 from Camp, Dresser and McKee in the amount of $76,753.04 re: construction and O&M services for the Wareham WPCF upgrade. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice #80152734/11 from Camp, Dresser and McKee in the amount of $30,868.98 re: construction and O&M services for the Wareham WPCF upgrade. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved that the Chair be authorized to sign invoice from Methuen Construction Co., Inc. in the amount of $498,905.00 re: the Wareham
WPCF upgrade. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved that the Chair be authorized to sign invoice from Methuen Construction Co., Inc. in the amount of $642,424.36 re: the Wareham
WPCF upgrade. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
C2. Appointments to committees, boards, and commissions.
1. Election/Poll Workers
MOTION: Selectman Tropeano moved the BOS appoint the Election/Poll Workers as read into the record. (Attached as reference). Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
2. Old Colony Elder Services
MOTION: Selectman Tropeano moved the BOS appoint Diane Cunningham and Vilroy Keyes as members and Constance Perry and Rev. Arnold Medeiros as alternate members to the Old Colony Elderly Services Board of Directors to terms to expire 8/30/04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
3. Old Colony Planning Council
MOTION: Selectman Tropeano moved the BOS appoint Diane Cunningham a delegate and Constance Perry an alternate to the Old Colony Planning Council to terms to expire 8/30/04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
4. Open Space Committee
MOTION: Selectman Tropeano moved the BOS appoint Cathleen Longfield as a member to the Open Space Committee to a term to expire 6/30/06. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
5. Recreation Commission
MOTION: Selectman Tropeano moved the BOS appoint Tracy Cunningham as a member to the Recreation Commission to a term to expire 6/30/06. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
6. Recycling Committee
MOTION: Selectman Tropeano moved the BOS appoint Charlene L. Price as a member to the Recycling Committee to a term to expire 6/30/06. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
7. Wareham Cultural Council
MOTION: Selectman Tropeano moved the BOS appoint Marilyn Brown as a member to the Wareham Cultural Council to a term to expire 6/30/06. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
8. Zoning By-Law Rewrite Committee
NOTE: Appointment was deferred.
NOTE: The BOS handled a surety bond at this time.
MOTION: Selectman Tropeano moved the BOS approve a sign a surety bond for Donna J. Rhodes. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
1. SAILS FY04 Network Agreement. Discussed agreement between the Town, the Wareham Public Library, & SAILS. This agreement runs from 7/1/03 through 6/30/04 for the automated network system. The system maintenance costs shall not exceed $25,133 for this contract.
MOTION: Selectman Tropeano moved the BOS approve and authorize the Chair to sign the Network Agreement (SAILS) between the Town, the Wareham Public Library, and SAILS for FY04. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
2. Commemorative Benches. At the BOS’s direction Chairman Chamberlain and Admin. met to select the styles and colors of benches that will be acceptable under Policy Statement 02-0, Commemorative Benches. The choices were a combination of recycled plastic and cast iron for slat benches and granite or marble for non-slat benches.
People wanting to donate a slatted bench will have a change to choose slat color, as well as the cast iron trim, per the choices available. Six or eight foot lengths are acceptable for the benches. If they want o donate a granite or marble bench, it must be of a rustic nature w/ a non-polished top and be at least four feet (48") long.
Pictures of the approved benches and plaque size will be attached to and made part of the policy to eliminate any confusion over what is acceptable.
Selectman Tropeano read the new policy into the record. (Attached as reference).
MOTION: Selectman Tropeano moved the BOS approve Policy Statement #02-9, Commemorative Benches as revised, effective 8/5/03. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
V. LICENSES & PERMITS
A. Hearing - Application for transfer of an existing year round common victualer all alcoholic beverages license from Franca’s II Pizzeria, Inc., d/b/a Franca’s II Brick Oven Pizzeria, 3136 Cranberry Highway, East Wareham, MA to Tomato & Basil, Inc., Brian Burkhead, Manager, 3136 Cranberry Highway, East Wareham, MA under the provisions of Chapter 138 of the MA General Laws for the year 2003.
Present before the BOS: Brian Burkhead
MOTION: Selectman Tropeano moved to open the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
No one spoke for or against the application.
Brief discussion ensued re: the business ceasing to operate on 7/18/03 & the fact that time has been served pertaining to the previous violation.
Mr. Burkhead discussed that he will have a no tolerance policy re: carding ID’s. He stated he will also have a handbook that employees will have to sign pertaining to regulations. He stated the staff will be new w/ the exception of the pizza maker. He discussed his experience w/ alcoholic beverage licenses. He briefly discussed his arrangements for financing & leasing the property.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved to approve the Application for transfer of an existing year round common victualer all alcoholic beverages license from Franca’s II Pizzeria, Inc., d/b/a Franca’s II Brick Oven Pizzeria, 3136 Cranberry Highway, East Wareham, MA to Tomato & Basil, Inc., Brian Burkhead, Manager, 3136 Cranberry Highway, East Wareham, MA under the provisions of Chapter 138 of the MA General Laws for the year 2003 with the stipulation that the permit not be released until a favorable CORI report has been received. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Mr. Burkhead briefly discussed the type of entertainment he may provide in the future.
B. Application for a common victualler license from Mary Wouters-Tirrell d/b/a Fonzie’s Diner & Gift Shop, 3074 Cranberry Highway, East Wareham, MA, under the provisions of Chapter 140 of the MA General Laws for the year 2003.
Present before the BOS: Mary Wouters-Tirrell
Mr.Tirrell
Ms. Wouters-Tirrell discussed the special permit granted by the ZBA & what it entails. Mr. Tirrell stated the ZBA & the Planning Board conducted a site plan review.
Admin. stated if the Tirrell’s will be charging admission to the museum a public amusement license will need to be issued by the State.
MOTION: Selectman Tropeano moved the BOS approve the application for a common victualler license from Mary Wouters-Tirrell d/b/a Fonzie’s Diner & Gift Shop, 3074 Cranberry Highway, East Wareham, MA, under the provisions of Chapter 140 of the MA General Laws for the year 2003 subject to all final inspection approvals. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VI. ANNOUNCEMENTS
1. Election/Poll Worker positions available. Contact Town Clerk’s office of interest prior to 8/8/03.
2. Funding for interchange study has been approved in the amount of $500,000 for the BDOD property.
3. A Cable Advisory Committee meeting & Zoning Re-Write Committee meeting will be held on 8/6/03.
VII. BUSINESS
A. Approve music for Town’s concession stand.
Admin. stated since Mr. Gomes will not be providing entertainment under State law, he will not need a license, but under the Town’s regulations he will need one.
Discussion ensued re: where the music will be played & what type of music will be played.
Selectman Pillsbury & Tropeano expressed concern re: having music on the beach. Discussion ensued.
MOTION: Selectman Tropeano moved the BOS approve the concept of providing an entertainment license at the Town’s concession stand, providing the music is easy listening music from 12:00 noon to 6:00 P.M., Saturdays & Sundays, through the 2003 season, with no amplification. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
B. Discuss alcohol policies.
Discussion ensued re: what the Town of Chelmsford does for example, 1) require TIPS training or equivalent training & 2) if there is violation the establishment has to place a sign up stating this fact.
Discussion ensued re: adopting these two requirements.
MOTION: Selectman Tropeano moved the BOS amend their alcohol policies to adopt the above polices. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
Discussion ensued re: fees, for example, charging liquor license violators advertising fees for the hearing. Discussion ensued re: if this charge can be passed on if there is no finding in the case.
C. Selectmen’s Annual Report.
Selectman Fernandes-Abbott stated she would write the report.
D. Negotiation Committee for Town Admin.’s contract.
Chairman Chamberlain & Selectmen Fernandes-Abbott & Sauvageau stated they will serve on this committee.
E. Discussion of municipal electricity.
Admin. spoke re: looking at the Town of Lexington & their issues pertaining to municipal electricity.
Admin. discussed 1468 House Bill. (Attached as reference). He discussed the bill pending. Discussion ensued.
MOTION: Selectman Tropeano moved the BOS authorize the Chair to take appropriate action re: the municipal electricity bill. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
F. Any other business.
1. ABCC denial.
Selectman Fernandes-Abbott stated the ABCC denied the transfer of liquor license to the proposed new owner of the Raven.
MOTION: Selectman Fernandes-Abbott moved the BOS schedule a show cause hearing for The Raven to discuss the status of the license. Selectman Tropeano seconded.
VOTE: Unanimous (5-0-0)
2. Open Space Committee
Selectman Pillsbury stated the Open Space Committee needs information re: handicap accessibility so they can put this language in the Open Space Plan.
3. Cape Verdean Festival
Selectman Pillsbury asked that a letter be sent to the Onset Fire Dept. asking them to monitor the capacity in establishments the day of the Cape Verdean Festival.
4. Seasonal Officers
Selectman Pillsbury stated there is a need to provide money in the budget for seasonal officers & intermittent officers. Brief discussion ensued.
VIII. SELECTMEN’S REPORTS
(NONE)
IX. ADJOURNMENT
MOTION: Selectman Tropeano moved at 8:40 P.M. to enter into Executive Session for the purpose of discussing strategy relative to collective bargaining & litigation w/ non-union personnel & to discuss strategy relative to the taking, sale, lease of real property. Selectman Fernandes-Abbott seconded.
POLLED VOTE: Selectman Tropeano - Yes
Selectman Pillsbury - Yes
Selectman Fernandes-Abbott - Yes
Selectman Chamberlain - Yes
Selectman Sauvageau - Yes
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 September 9, 2003.
Attest: Patrick G. Tropeano
Patrick Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: September 9, 2003
Date copy sent to Wareham Free Library: September 10, 2003
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