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Selectmen's Meeting Minutes 05/20/03
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting: May 20, 2003
Date of Transcription: May 21, 2003
Transcribed by: Kelly Barrasso

I.              CALL MEETING TO ORDER BY CHAIRMAN

Chairman Chamberlain called the meeting to order at 7:05 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

Present before the BOS: James Newman

Mr. Newman asked the BOS to attend the Memorial Day Parade on June 26.  He stated the parade will begin at 10:00 A.M. in Onset & discussed the parade route.

III.            CONSENT AGENDA

C1.  Authorization to sign bills, documents, etc.
      (NONE)

C2.  Approve the following minutes of previous meetings: 10/8/02 - Executive Session.

MOTION: Selectman Tropeano moved the BOS approve the Executive Session meeting minutes of 10/8/02.  Selectman Fernandes-Abbott seconded.

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

NOTE:   Discussion w/ Margaret Ishihara, Town’s MBTA Representative.

Present before the BOS: Margaret Ishihara

Ms. Ishihara recapped the program from MA Transportation as approved by the MBTA Board of Directors.  She stated the program now needs to go before the MBTA Advisory Board & it has already gone before the Capital Planning Committee, which held a meeting which included the letter from the BOS urging the Advisory Board to place Wareham up on its priority list.  She stated she heard from Paul Reegan (Advisory Board member) & he has indicated that the Advisory Board is not willing to change the Town’s rating at this time, but will consider some language on the project if the New Bedford/Fall River line doesn’t happen.  He stated at that time he will reconsider the Town’s status.

Chairman Chamberlain expressed concern re: changing language & how she does not wish to diminish the Town’s priority status at this time.  Ms. Ishihara suggested the language state re-evaluating upgrading the Town’s status at some point.

Selectman Sauvageau feels Ms. Ishihara should convey the Town’s support of the project & have language that states the Town wants to be placed on the top of the priority list.  

Selectman Pillsbury expressed concern re: re-evaluating the Town if after things don’t go through w/ the New Bedford/Fall River project.  She stated she is not impressed w/ language along these lines.  She feels that it will be a long time before the MBTA moves forward w/ these projects due to current problems & stated that costs will only escalate.  She doesn’t understand why the MBTA keeps moving forward w/ projects that have problems & will take a long time to complete vs. the Town’s project that is achievable & less costly.

Selectman Tropeano discussed problems the MBTA is having w/ current projects & feels the Town has no status w/ the MBTA.

Ms. Ishihara doesn’t feels it is futile to get the Town’s interests heard.  She asked the BOS for direction on how she should represent the Town.  Discussion ensued.

Selectman Pillsbury suggested Ms. Ishihara review the documents & find out when the re-evaluation process begins.

Selectman Fernandes-Abbott stated that at the recent SRPEDD meeting she attended she heard that if the New Bedford project doesn’t work out, they would try & run a line from Middleboro to Taunton.  Discussion ensued.

It was the consensus of the BOS to have a letter sent to the MBTA asking them to consider placing the Town higher on the priorities list.

IV.             DISCUSSION W/ CAMP, DRESSER & MCKEE

Present before the Board:       Gerald Furrier, CDM
                                Mark Gifford, Municipal Maintenance Director

Mr. Furrier updated the Board on the following:

        WPCF Update
                -Last WPCF Committee meeting on April 23rd, next meeting late June.
                -Construction progressing well.
                -Discussed list of PCO/Change Orders & credits (attached as reference).
                -Committee suggested method to expedite future change orders.
                -Construction progressing well despite some weather related delays.

Mr. Furrier stated that the project is 25%-30% financially complete.  He discussed what has been completed thus far & what is being worked on currently.  He discussed the estimated completion date.  Discussion ensued re: some change order items, for example, the motor control center change.  Selectman Pillsbury relayed that the Committee was not pleased w/ this portion of the change order & they felt it should have been part of the bid process.  Discussion ensued.

        WPCF Sludge Disposal Procurement
                -Bid documents issued 5/19/03 for three year contract.
                -Bid date is 6/6/03.
                -Must execute new contract or extend existing one prior to 6/30/03.

        NPDES Permit
                -EPA’s final permit awaiting DEP signatures & CZM certification.
                -EPA indicated they responded favorably to many of out previous comments.

        Weweantic Shores Sewers
                -Finalizing design documents for bidding (est. early 7/03).
                -Prepare permit applications (MA Highway & Conservation Commission
                & easement/taking plans).
                -Construction est. in 8/03.
                -CDM will forward draft contract for engineering services during construction.

        Rose Point Sewer/Water
                -CDM to coordinate upcoming design w/ Admin. & Water District.

Discussion ensued re: starting the design now or waiting until the Fall Town Meeting.  Discussion ensued re: the Briarwood Beach area & doing the Rose Point & Briarwood Beach area together.  Brief discussion ensued re: Beaver Dam Estates.  The Board members concurred to group Rose Point, Briarwood Beach, & Beaver Dam Estates together.

                -Water main & sewer construction in same contract.
Mr. Furrier discussed the status of special legislation for the Weweantic project.  Admin. discussed its status at this point.

Discussion ensued re: meeting w/ the Bourne BOS next week to discuss the WPCF upgrade.

V.              TOWN ADMINISTRATOR’S REPORT

1.  Policy Re: Class II License Holders.  For the BOS’s information, a draft policy has been made dealing w/ vehicle parking for Class II license holders.  (Attached as reference).

Discussion ensued re: current license holders & timeframe for which they must comply.  The BOS concurred that current license holders shall have 30 days to comply.  Selectman Tropeano read the policy into the record.

MOTION: Selectman Tropeano moved the BOS adopt Policy Statement 03-3, Town of Wareham Policy re: Class II License holders, as amended, effective immediately.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)



VI.             LICENSES & PERMITS

A.  Show Cause Hearing - Violation of MGL Chapter 140, Section 9 - Patricia Gray-Feidt, Director/Owner of Café Uva, Inc.

Present before the BOS: Patricia Gray

MOTION: Selectman Pillsbury moved to open the hearing.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

Ms. Gray stated when the establishment was GASP! she had requested a “brown bag” license & was denied.  She stated when the establishment changed to Café Uva she put this information away & forgot about it..  She apologized to the BOS for the violation & stated she made a mistake.  She stated as soon as she received the BOS’s letter relative to the violation, she put a sign up at her establishment stopping all “brown bagging”.  She expressed what was confusing to her when her request was denied.  She stated the BOS office stated she had permission to give away wine.  She stated she worked in the kitchen & didn’t know people were bringing in alcohol.

Selectman Sauvageau asked if Ms. Gray had ever been told re: the Town’s liquor regulations.  Ms. Gray stated she received a letter from the BOS denying the “brown bagging” license.
Selectman Tropeano feels Ms. Gray understood what the letter from the BOS meant pertaining to “brown bagging”.  He feels this letter was ignored.  He stated a violation exists & Ms. Gray has no defense.

Selectman Pillsbury stated there are reasons why the Town doesn’t have “brown bagging” & she discussed briefly.  Discussion ensued.

Selectman Pillsbury stated since there is no liquor license in place at this establishment, by law, a penalty imposition can be made on the establishment’s common victualler’s license.

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

VOTE: Unanimous (5-0-0)

Ms. Gray again stated the BOS office told her that she could give wine away.

MOTION: Selectman Tropeano moved the BOS suspend the Common Victualler’s license held by Patracia Gray, Manager of Café Uva for six days; 6/5,6/6,6/7,6/12/6/13, & 6/14.  Selectman Sauvageau seconded for discussion.

NOTE:   Brief discussion ensued re: the establishment’s hours of operation.  

                Selectman Sauvageau feels this type of violation is very serious & feels six days
                is too lenient.  He feels the license should be suspended for 30 days.  Brief
                discussion ensued.

                Selectman Fernandes-Abbott stated she agrees w/ the seriousness of the
                offense.  She expressed concern re: Ms. Gray’s disregard of the BOS’s letter to
                her & the advertisement that was in the Boston Globe.  She also stated that
                she understands what a 30 day suspension would have on Ms. Gray’s business.
                Discussion ensued.  

VOTE: Unanimous (5-0-0)

NOTE:   The meeting went back to item V.  Town Administrator’s Report.

1.  Bonds Anticipation Notes.  Dale Zacamy, Town Treasurer will have bonds for the BOS to sign shortly.   Selectman Fernandes-Abbott stated that she would like to have the School Building Committee meet w/ the BOS on 6/3 to discuss the Middle School project before signing the bonds.  Chairman Chamberlain stated she would schedule this.

2.  Snow & Ice Report.  Discussed final report for snow & ice budget FY03 & salaries.  Discussed the snow & ice deficit amount.

3.  Sewerage Overflow at Saltworks Pump Station/Indian Mound Beach.  Discussed situation that occurred.  (Attached as reference).  

Admin. stated that he will be looking into the details surrounding this situation further, for example, if someone was on-site.

4.  Non-smoking Area.  Stated someone has donated a picnic table to be placed under the tree on the side of Town Hall for employee use.  He wishes to designate this area as non-smoking.  Discussion ensued re: if there is a non-smoking policy on all Town grounds.


VII.            ANNOUNCEMENTS

1.  Town Meeting reconvenes on 6/17/03 at the Wareham High School Auditorium at 7:00 P.M.

2.  The Special Election will be held on 6/16/03.

3.  The next BOS meeting will be held on 6/3/03 & will proceed every 1st & 3rd Tuesday of each       month.

VIII.           BUSINESS

A.  Master Plan.

Chairman Chamberlain expressed the importance of reviewing the Master Plan.  Discussion ensued re: some goals & policies that have been worked on from w/in the Master Plan.

The BOS members concurred to review the Master Plan & come back in the summer w/ new goals & objectives.

B.  Any other business.

1.  Housing Committee Appointment.

Selectman Fernandes-Abbott asked to be appointed to the Housing Committee, Executive Order 418.

MOTION: Selectman Tropeano moved the BOS appoint Selectman Fernandes-Abbott to the Housing Committee.  Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
2.  Debt Exclusion/Override.

Selectman Pillsbury feels there is a need to explain the differences between a debt exclusion & an override to voters.  Discussion ensued.

Selectman Fernandes-Abbott suggested placing the information at the end of a BOS meeting videotape to be aired on cable.  Discussion ensued.

Discussion ensued re: stating the third option which deals w/ cutting services.

3.  Occupancy for Efficiency Units.

Selectman Tropeano stated he received the Board of Health regulations to be reviewed by Town Counsel that would be implemented re: occupancy for efficiency units.  He read the proposed regulations into the record.

4.  Middle School Walk Through.

Chairman Chamberlain stated she will confirm through the School Building Committee for a May 29 walk through of the Middle School.

5.  Precinct 6.

Chairman Chamberlain stated there is an issue w/ using Precinct 6 for the special election & discussed.  She stated the Onset VFW could be used instead.  Brief discussion ensued.

MOTION: Selectman Tropeano moved the BOS move the Precinct 6 polling place from the Lodge of Elks to the Onset VFW for the 6/16/03 Special Election.  Selectman Sauvageau seconded for discussion.

NOTE:   Discussion ensued re: demographics & if the suggested location is feasible for voters.

VOTE: Unanimous (5-0-0)

IX.             SELECTMEN’S REPORTS

1.  Selectman Pillsbury - Spoke re: the issue of alteration of premises.  She stated that the ABCC gave a definition of an alteration of premises & recommended the BOS hear any alteration of premises plans.
X.              ADJOURNMENT     

MOTION: Selectman Tropeano moved to adjourn the meeting at 9:30 P.M.  Selectman Sauvageau seconded.

VOTE: Unanimous (5-0-0)


Respectfully submitted,

___________________________
Kelly Barrasso, Transcriptionist

The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on 07/01/03.

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

Date signed: 07/01/03
Date copy sent to Wareham Free Library: 01/06/04