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Selectmen's Meeting Minutes 06/10/04
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting: June 10, 2003
Date of Transcription: June 11, 2003
Transcribed by: Kelly Barrasso

I.              CALL MEETING TO ORDER BY CHAIRMAN

Chairman Chamberlain called the meeting to order at 7:06 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: L. David Hanley

Mr. Hanley stated he read that the BOS might be considering a review of school bus transportation.  He briefly discussed the history of the Town’s school bus transportation & the formation of a transportation committee.  He briefly discussed net school spending vs. non-net school spending (transportation).  He feels the problem is bigger than the number of children being bussed.  He discussed data collection on bus mileage in the past.  He feels the schools should be giving money back to the Town for bus use for field trips, etc.  He recommended the Town go out to bid for school bus transportation.

Selectman Sauvageau stated the reason why the BOS & FinCom were discussing school bus transportation is because the State has eliminated transportation funding.

Discussion ensued re: transportation & the transportation account which is owned by the Town, run by the School Dept., & the School Dept. not giving money back to the Town for transportation.  Discussion ensued.

III.            CONSENT AGENDA

C1.  Authorization to sign bills, documents, etc.


MOTION: Selectman Tropeano moved the Board approve invoice #80148346/29 from Camp, Dresser & McKee in the amount of $4,328.00 re: basic services for the Weweantic Shores sewers.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

C2.  Approve minutes of previous meetings: 1/16/03 - Executive Session.

MOTION: Selectman Tropeano moved the BOS approve the Executive Session meeting minutes of 1/16/03.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

C3.  Appointment of Constables.

MOTION: Selectman Tropeano moved the BOS reappoint Kathleen Ann Teed as a Constable for the Town of Wareham to a term to expire 6/30/04.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

MOTION: Selectman Tropeano moved & Selectman Fernandes-Abbott seconded to appoint the following individuals as Constables for the Town of Wareham to terms to expire 6/30/04:  Michael Diesso, Cynthia Follis, Gregory Kamon, George Mather, Elaine Mather, William McCusker, Joseph Palombo, Russell Tinkham, Jr., Robert Tirrell, & Herve Vandal.  

VOTE: Unanimous (5-0-0)

IV.             TOWN ADMINISTRATOR’S REPORT

1.  Liquor License Compliance Inspection.  Spoke re: results of recent liquor license compliance inspection.  (Attached as reference).

Admin. asked the BOS to hold hearings re: said establishments w/ violations.

MOTION: Selectman Tropeano moved the BOS hold show cause hearings on the following establishments for liquor license violations: Welch Restaurant & Lounge, Inc. d/b/a Zeady’s Restaurant & Lounge, Franca’s II Pizzeria, Inc. d/b/a Franca’s II Brick Oven Pizzeria, Tsika, Inc. d/b/a Minerva Pizza, & Assinippi Liquors, Inc.  Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)

Admin. also stated that it has been discovered that GiGi’s Restaurant is closed which is a violation of its liquor license.

MOTION: Selectman Tropeano moved the BOS hold a show cause hearing for GiGi’s Restaurant.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)



V.              LICENSES & PERMITS

1.  Request for Permit - Perry’s Last Stand

Present before the BOS: Bob Perry, Owner

Mr. Perry stated he is asking for a permit to pull his ice-cream trucks up on South Blvd. in Onset on the 4th of July.  He discussed his years in business.  He stated last year the police kept him from crossing over to South Blvd., which resulted in lost business.  He stated he would like a permit to park his trucks on South Blvd. during the fireworks.

Discussion ensued re: Chief Joyce’s recommendation.  (Attached as reference).  Discussion ensued re: the request for a permit is different than the Hawker’s & Peddler’s permit which requires the trucks to be mobile at all times, except when stopping to sell to someone.  Discussion ensued re: Chief Joyce’s opinion that this request would require discussion w/ other vendors as well.

Mr. Perry stated he only wants to be able to park on South Blvd. when the streets are closed & when the open again he will move along.  He stated last year he must have missed the cut off time for when the streets closed.  He stated he is looking for a permit to secure a spot on South Blvd.

Chairman Chamberlain feels this would cause disparity amongst other vendors.  Discussion ensued.

Discussion ensued re: the Board's policy on use of Town property.

Discussion ensued re: if Mr. Perry needs a permit.

Mr. Perry again stated he is looking to obtain a permit to reserve a spot if he is a little late.

Present before the BOS: Chief Joyce
Chief Joyce stated all vendors should be on South Blvd. by 7:00 P.M.  He stated Onset Center would close at 7:00 P.M.  He stated if vehicles are not there by 7:00 P.M. they will not be allowed to drive to their destination.

The BOS members concurred not to issue a permit to Mr. Perry.

VI.             ANNOUNCEMENTS

1.  Town Meeting reconvenes on 6/17/03 at 7:00 P.M. at the Wareham High School auditorium.
2.  Middle School Tour to be held on 6/12/03 at 6:30 P.M.
3.  The Canal Region Chamber of Commerce will be hosting three events; 1) Italian Festival at the Mezzluna Restaurant, 6/19/03 from 5:00 P.M. to 7:30 P.M.; 2) a Highland Cruise, 7/7/03 from 5:30 P.M. to 7:30 P.M.; & 3) Recreation Dept. Sand Castle Contest, 6/4/03 on Onset Beach.

VII.            BUSINESS

A.  Cornerstone Properties Local Initiative Plan.

Present before the BOS: Mr. Huff

Selectman Tropeano stated that several meetings have been held w/ Cornerstone Properties to discuss the initiative.  He stated both sides have agreed upon how the plan would work.  He also stated both sides have agreed to 12 units w/ five units being affordable.  He stated there would be drainage installed at the low point area.  

Selectman Tropeano stated one issued that has arose is nitrogen issues w/ Title V.  He stated R-130 Bylaws need to be determined to see if this Bylaw can be changed for this project.

Mr. Huff stated that Chapter 40B allows contractors to supercede a town’s zoning Bylaws & he feels the R-130 Bylaws can be waived.  Admin. stated this is one condition that can be waived.  Discussion ensued.

Discussion ensued re: septic units.  Discussion ensued re: Board of Health regulations w/ re: to septic tanks.

Selectman Pillsbury discussed what the Town made A.D. Makepeace adhere to w/ their Tihonet Road project.  She expressed concern re: nitrogen from this 40B project going into the watershed.

Selectman Fernandes-Abbott discussed meeting w/ several residents of White Island re: this project & what comments were made.

Admin. stated that the contractor will provide drainage.  He stated Hunter Ave. would be paved by the Town (which was already on the Town’s list prior to this project).

MOTION: Selectman Tropeano moved the BOS agree upon the plan presented by Cornerstone Properties that includes 12 units w/ 5 units being affordable & agree upon the pro forma.  Selectman Fernandes-Abbott seconded.

VOTE: (3-2-0)
Selectmen Pillsbury & Chamberlain opposed

B.  Fiberspar - Update on status.

Present before the BOS: Walter Loland

Chairman Chamberlain discussed the memorandums from Chief Joyce & the Municipal Maintenance Director.

Mr. Loland stated that Fiberspar is closing & is moving to Texas at the end of July.  He thanked the Town for its cooperation & thus, making this issue mute.  He stated how many jobs would be lost.

C.  Discussion re: Special Municipal Employee Status.

Chairman Chamberlain stated in the past the Zoning Board of Appeals had requested special municipal status.   Admin. discussed that the ZBA was granted this status, but then it was rescinded.  He stated it appears that the ZBA was not included or covered by the declaration in 1990 as special municipal employees.  He stated thus, the ZBA already has this status.  He stated the BOS could rescind this status.  Discussion ensued.  BOS members expressed their concerns.

Chairman Chamberlain read part of a memo from 1993 re: special municipal employee status into the record.  Discussion ensued re: Town Counsel’s opinion.

The BOS members concurred to place this matter on a future agenda.

D.  Any other business.

1.  SRPEDD Nomination

Chairman Chamberlain stated that her nomination to SRPEDD has been approved & she will be confirmed in late June.  She stated there is a meeting on 6/16/03 in which she has been invited, but she will be unable to vote until her confirmation.  She briefly discussed items on SRPEDD’s meeting agenda.

2.  Task Force

Chairman Chamberlain stated that the status Task Force Committee needs to be discussed & whether or not this committee needs to be active or not.  Discussion ensued.

The BOS members concurred that the Admin. & Selectman Tropeano investigate the status of this committee.

3.  Zoning Re-write

Chairman Chamberlain stated she received correspondence from Mr. Gricus stating that the zoning re-write is being called three different names.

Admin. stated that there is only on Zoning Re-write Committee & they will only be looking at sub-division reviews.

Discussion ensued re: the need for the BOS to appoint citizens at large to be on this committee.  The BOS members concurred to have Selectmen Sauvageau & Tropeano & the Admin. be on the Zoning Re-write Committee.

MOTION: Selectman Fernandes-Abbott moved the BOS appoint Selectman Sauvageau, Selectman Tropeano & the Admin. to serve on the Zoning Re-write Committee.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

VIII.           SELECTMEN’S REPORTS

1.  Selectman Tropeano - Received a letter from the Board of Health pertaining to the Silver Lake Motel.  He discussed what transpired.  He stated two sections have been condemned w/ a list of violations.

Discussion ensued re: there not being any licensing for motels, just inspections.  Discussion ensued re: safety issues at this place.

Selectman Tropeano stated the BOS received a letter from Mr. Ethier, Health Agent pertaining to the current rabies vaccine project.  He stated the Tufts School of Veterinary Medicine will is commencing w/ the oral vaccine program in Town.

IX.             ADJOURNMENT

MOTION: Selectman Pillsbury moved at 8:45 P.M. to enter into Executive Session for the purpose of discussing strategy relative to collective bargaining.  Selectman Sauvageau seconded.

                POLLED VOTE:    Selectman Tropeano - Yes
                                        Selectman Fernandes-Abbott - Yes
                                        Selectman Chamberlain - Yes
                                        Selectman Pillsbury - 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 3/23/04.

Attest: Patrick Tropeano
        Patrick Tropeano, Clerk
        BOARD OF SELECTMEN

Date signed:  3/23/04
Date copy sent to Wareham Free Library: 3/24/04