MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: January 20, 2004
Date of Transcription: January 21, 2004
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 G. Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Selectman Absent: Bruce Savaugeau
Present: Michael Hartman, Town Administrator
II. KNIGHTS OF PYTHIAS - CHECK DONATION FOR A DEFIBRILATOR
Present before the BOS: Barry Ruben
Thomas O’Conner
Erving Weiss
Mr. Ruben presented the Town w/ a check for $2,495.00 for the purchase of a defibrillator.
Mr. Ruben discussed the history of the Knights of Pythias & stated years ago there was a lodge in Onset. He stated the group was founded in 1864 & it is the oldest fraternal organization charted by the United States.
Mr. Ruben discussed what the group supports, for example, the establishment of the Handicap Kids in Bridgewater program & the gift of defibrillators to other towns. He stated the group is a non-profit organization & it has established rehabilitation wings in two hospitals in MA.
Mr. Ruben briefly discussed membership.
MOTION: Selectman Tropeano moved that the BOS accept the check in the amount of $2,495.00 given to the Town by the Knights of Pythias for the purchase of a defibrillator. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
III. CMW REFUSE DISTRICT & SEMASS REPRESENTATIVES
Present before the BOS: Kenneth R. Roche, Sr.
Ray Pickles
Daniel Peters
Rob Tucker
Mr. Peters briefly discussed what SEMASS is & what its function is.
Mr. Peters stated on 7/29/03 a fire broke out at the plant & damaged some conveyors. He stated it damaged a conveyor, which knocked out two out of the three boilers at the plant, which resulted in 1/3 of the plant’s capacity. He stated SEMASS contacted DEP requesting an emergency relief permit to expand operations to the CMW landfill in Carver. He stated currently the landfill takes ash & solid waste on down times at the plant.
Mr. Peters stated on 8/5/03, DEP issued a temporary expansion permit increase for use of the landfill. He stated SEMASS took corrective action to fix the damage & resulting problems. He stated restoration was completed on 8/25/03. He spoke re: what the plant did to remedy the problems, for example, the purchase of a new conveyor & parts.
Selectman Pillsbury stated there were many complaints pertaining to the smell of the garbage trucks. Mr. Peters stated the plant tried to deal w/ this matter as best they could. He discussed the agreed upon route the trucks would normally take & discussed odor problems.
Mr. Peters discussed the process taken when an emergency occurs, for example, contacting DEP first. Selectman Pillsbury expressed concern that the Town wasn’t notified of the emergency which is in the agreement. Mr. Peters stated there might have been a breakdown in communication on the plant’s part. He stated this should not have occurred. Discussion ensued.
Mr. Peters stated the fire was caused by multiple failures at the plant & these have been looked at & reviewed so this type of incident won’t happen again.
Mr. Pickles discussed the CMW Refuse District budget increases, for example, the Town’s assessment went from $3,696.34 to $4,241.30.
Mr. Pickles discussed what the District did for the Town of Wareham last year, for example, roadside brush grounding & disposal & held a household hazardous waste day. He stated the District spent $32,979 on services to the Town of Wareham last year.
Mr. Pickles discussed the next hazardous waste day to be held on May 1, 2004 & flyers will be going out. He added that the total assessment to the three towns is $7,300.00.
Mr. Roche stated hazardous waste could be brought to the Marion Transfer Station.
Mr. Tucker discussed his consulting services at the plant.
NOTE: The meeting proceeded w/ item VII. Licenses & Permits - A. Hearing - Application of Mill Pond Food, Inc. d/b/a Mill Pond Diner, 2571 Cranberry Highway, Wareham, MA for a Public Amusement on Weekdays License for a Juke Box, under the provisions of Chapter 140 of the MA General Laws.
Present before the BOS: William Goyette ?????
MOTION: Selectman Tropeano moved to open the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
Brief discussion ensued. No one spoke in favor or against the application.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Tropeano moved the BOS approve the application of Mill Pond Food, Inc. d/b/a Mill Pond Diner, 2571 Cranberry Highway, Wareham, MA for a Public Amusement on Weekdays License for a Juke Box, under the provisions of Chapter 140 of the MA General Laws. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
B. Class II License request for renewal from Campers Headquarters, 3100 Cranberry Highway, East Wareham, MA.
Present before the BOS: Jodi Brimellhoff
Brief discussion ensued.
MOTION: Selectman Pillsbury moved the BOS renew the Class II License held by Campers Headquarters, 3100 Cranberry Highway, East Wareham, MA. Selectman Fernandes-Abbott seconded.
VOTE: (3-0-1)
Selectman Tropeano abstained
IV. CITIZENS PARTICIPATION (NONE)
V. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the Board approve invoice #80164481/30 from Camp, Dresser & McKee in the amount of $57,453.35 re: construction & O&M services for the Wareham WPCF upgrade. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Tropeano moved the BOS approve invoice from Kopelman & Paige in the amount of $12,545.38 for professional services through 10/31/03. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Tropeano moved the BOS approve invoice from Kopelman & Paige in the amount of $6,677.31 for professional services through 11/30/03. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice from Methuen Construction Co., Inc. in the amount of $514,154.52 re: the Wareham WPCF upgrade & to authorize the Chair to sign said documents. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
C2. Appointments to the EDIC.
MOTION: Selectman Tropeano moved the BOS appoint James Makrys & Sandra Fleet as members to the EDIC for terms to expire 6/30/04. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
NOTE: Discussion ensued re: legislative status pertaining to the EDIC matter.
VI. TOWN ADMINISTRATOR’S REPORT
1. Bid Award - 2004 New & Unused Multi-Purpose Dump Body. Bids were received & opened for the purchase & delivery of one 2004 new & unused multi-purpose dump body for use by the Municipal Maintenance Dept. The bid was awarded to the lowest bidder that met specifications which was J.C. Madigan, Inc., Harvard, MA in the amount of $38,955.00.
2. Bid Award - 2004 New & Unused Tandem Axle Dump Truck Chassis. Bids were received & opened for the purchase & delivery of one 2004 new & unused tandem axle dump chassis for use by the Municipal Maintenance Dept. The bid was awarded to the low bidder, Anderson Motors of East Providence, RI in the amount of $93,497.00.
3. Bid Award - Installation of Pumping Station Alarms. Bids were received & opened for the installation of pump station alarms. The bid was awarded to the lowest bidder, Weston & Sampson Services of Peabody, MA in the amount of $14,000.00.
4. Bid Award - Pump Station Alarms. Bids were solicited for the purchase of pumping station alarms. The bid was awarded to the sole bidder, Hayes Pump of West Concord, MA in the amount of $36,291.60.
5. Bid Award - Minot Avenue Pump Station Upgrade Project. Bids were received & opened for the Minot Avenue pump station upgrade project. The bid was awarded to the low bidder, Lydon Millwright Services, Inc. of Raynham, MA in the amount of $39,900.00.
6. Bid Award - Variable Frequency Drive Replacement Project. Bids were received &opened for a variable frequency drive replacement project. The bid was awarded to the low bidder, J.W. McCarthy LTD of Rockland, MA in the amount of $44,300.00.
NOTE: Admin. stated he & his secretary, Susan Green are handling procurement until the position is filled.
7. Herring Agreement. Asked the BOS to approve the Herring Agreement between the Town of Plymouth & the Town of Wareham for 2004. Mr. Parola has provided the BOS w/ a memo along w/ a copy of the proposed regulations, which are the same as last year. Herring season extends from 4/2/04 to 5/15/04. Herring permits will be available at the Harbormaster’s Office beginning Monday, March 8, 2004 from 8:30 A.M. to 4:00 P.M.
MOTION: Selectman Tropeano moved the BOS approve the Herring Agreement for 2004 between the Town of Plymouth & the Town of Wareham. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
8. Smelt Regulations. Asked the BOS to approve the smelt regulations for 2004. Mr. Parola has provided the BOS w/ a memo & a copy of the proposed regulations, which are the same as last year. Smelt season extends from 3/1/04 to 4/1/04. Permits will be available at the Harbormaster’s Office beginning Tuesday, February 17, 2004 from 8:30 A.M. to 4:00 P.M.
MOTION: Selectman Tropeano moved the BOS approve the Smelt regulations for the year 2004. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
9. Ambulance Rate Increase. The BOS has received a report from David Evans, EMS Director. The reports lists the current ambulance rates & increases being proposed. Please note that all categories are not being increased & some only slightly. The increases are to update to Medicare rates for reimbursement.
MOTION: Selectman Tropeano moved the BOS approve the following ambulance rates effective 2/1/04:
BLS Base Rate $395.00
ALS Base Rate $475.00
ALS 2 Base Rate $685.00
Oxygen $ 55.00
Airways $115.00
IV $110.00
Cardiac Monitor $150.00
Defibrillation $110.00
Mileage $ 15.00
Selectman Pillsbury seconded for discussion.
NOTE: Discussion ensued re: ALS Base Rate vs. ALS 2 Base Rate.
VOTE: Unanimous (4-0-0)
10. Speed Limit - Elm Street at Tremont Nail. The BOS received a report from Chief Joyce re: speed limit on Elm St. The issue was addressed after calls from employees of the Old Company Store. Speed testing was conducted & it has been determined that the road should be posted at 25 mph.
MOTION: Selectman Tropeano moved the BOS adopt & authorize the permanent posting of a 25-mph.-speed zone on Elm St. from Mayflower Ridge to Main St. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
11. Snow & Ice Deficit. As of 1/5/04, the total deficit is $31,165.90, which is through 12/31/03.
12. Estuaries Project. In 2/03, the BOS heard a presentation re: the MA Estuaries Project (MEP), a collaborative effort of the DEP & UMASS School of Marine Science & Technology (SMAST), to develop a consistent approach to address nitrogen pollution in 89 estuaries. Associated w/ the MEP, the Bureau of Resource Protection of the DEP has received a federal grant to evaluate innovative nitrogen reduction efforts & examine the regulatory & permitting issues in three pilot estuaries w/in the scope of the overall MEP. The Town has been asked to participate in the pilot project & recently met w/ representatives of the DEP &SMAST re: the projects. Participation would not require funding from the Town, but does necessitate some staff support on the part of the Town.
It is recommended that the BOS authorize participation in the pilot project, which will be a two-year project for the Town.
MOTION: Selectman Tropeano moved the BOS authorize participation in the Pilot Estuaries Project of the DEP, through a collaborative effort w/ the MA Estuaries Project & UMASS School of Marine Science & Technology. Selectman Pillsbury seconded for discussion.
NOTE: Selectman Pillsbury stated the original study was to be for a two-year period. Admin. stated it will be a six-year, $12 million project for the full 89 estuaries. He discussed the prioritization of estuaries developed by SMAST. He stated the Town’s estuaries are in the upper tier of the top ten estuaries.
Discussion ensued re: the end date of the study. Lengthy discussion ensued re:
this project.
Selectman Fernandes-Abbott suggested the Chair send a letter to the Board of
Health & the Planning Board stating that the BOS will be signing on to this
project. The BOS members concurred.
VOTE: Unanimous (4-0-0)
13. FY2004 2nd Quarter Bourne Sewer Usage Billing. Asked the Board to approve the second quarter fiscal 2004 sewer use bill to the Town of Bourne in the amount of $47,539.50. This bill reflects 1/4 of the estimated costs to provide services to Bourne in fiscal 2004.
MOTION: Selectman Tropeano moved the Board approve the second quarter fiscal 2004 sewer use bill to the Town of Bourne in the amount of $47,539.50 & to commit this amount to the Town Treasurer-Collector. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
14. Sewer User Abatements. The Admin. read the following sewer user abatements into the record:
1. Acct. #737965 - Dunkin Donuts, 411 Main St. - $544.00
2. Acct. #738176 - MA Discount Tire - $136.00
3. Acct. #791492 - D.J. Sullivan LLC, d/b/a Sullivan Wine & Spirits - $113.35
4. Acct. #743958 - Joanne M. & Paul T. Archer - $136.00
5. Acct. #791501 - Barbara Casey - $136.00
6. Acct. #791500 - Harold & Ruth Robinson - $136.00
7. Acct. #791499 - Paula & Robert Mangun - $136.00
8. Acct. #735537 - Dawn Ellis - $136.00
9. Acct. #791514 - William H. Lockwood - $68.01
10.Acct. #736750 - Charles & Christine Pintabone, Trustees - $$136.00
11.Acct. #737118 - Charles Persson - $136.00
12.Acct. #738725 - Valerie A. Newquist - $136.00
13.Acct. #738529 - Anna R. Gearon - $90.68
14.Acct. #736114 - Harold A. Gordon - $136.00 &
15.Acct. #738180 - Douglas Truran - $136.00.
MOTION: Selectman Tropeano moved the Board abate the above sewer user accounts for the amounts indicated for the FY04 first half billing as read into the record by the Admin. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
NOTE: Discussion ensued re: if these same accounts are coming back over & over again. Admin. stated he will look into this matter.
15. 40B Project. Discussion ensued re: a 40B project not going positively w/ the ZBA. Admin. would like the BOS to resurrect the sub-committee, have this sub-committee meet w/ the developer, get things on track, & possibly remove the BOS’s agreement to participate. Discussion ensued.
MOTION: Selectman Tropeano moved the BOS rescind it’s approval entered into w/ Cornerstone Properties w/ the proviso that if the sub-committee is unsuccessful w/ this developer that the vote will be rescinded automatically. Selectman Fernandes-Abbott seconded for discussion.
NOTE: Discussion ensued re: this matter.
VOTE: Unanimous (4-0-0)
VII. LICENSES & PERMITS
(DONE)
VIII. ONSET PARTNERS, LLC - CHAPTER 40B PROPOSAL
NOTE: This item was deferred until a later date.
IX. ANNOUNCEMENTS
1. The BOS will meet on 2/10/04 & 2/24/04.
2. There are currently vacancies on the following committees: Conservation Commission, Historical Committee, Open Space Committee, Recycling Committee, & Zoning Board of Appeals.
X. BUSINESS
A. Discuss “Baby Safe Haven”.
Chairman Chamberlain briefly discussed Baby Safe Haven. She stated their purpose is to have towns adopt this at their Town Meeting as a home rule petition. Discussion ensued.
MOTION: Selectman Tropeano moved the BOS place the Baby Safe Haven proposal on the April Town Meeting Warrant as a home rule petition. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
B. Discuss Class II Licenses.
Chairman Chamberlain stated she has received many complaints re: several Class II license holders in Town. She would like the Admin. to keep a checklist of complaints received next to the license holder’s name. Discussion ensued.
Discussion ensued re: if Class II license holders have clearly marked all parking spaces as requested by the BOS. Admin. stated when all Class II property plans have been submitted (one outstanding) the Building Inspector will go out to see if all parking spaces are clearly marked.
Discussion ensued re: the cap on Class II licenses & problems associated w/ this cap that have arisen. Chairman Chamberlain stated the BOS needs to decide how many Class II licenses it wants & cap it out at that number & if any are turned in they get canceled. Discussion ensued.
Discussion ensued re: Class II license holders proving that selling used cars is their principle business & asking for financial documents to prove this.
Selectman Tropeano suggested capping the Class II licenses to 15 & when a Class II license gets turned in it should be canceled. Selectman Pillsbury discussed the difficulty in establishing a cap number & she feels the BOS should look first at financial records & establish if it is a license holder’s principle business.
MOTION: Selectman Tropeano moved the BOS cap Class II licenses at 15 & grandfather the present Class II license holders & if a Class II license is turned in it should be canceled. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
C. Establish dates for Town Meeting.
Selectman Tropeano read the dates for Town Meeting into the record. (Attached as reference).
MOTION: Selectman Tropeano moved the BOS establish the dates for Town Meeting as read into the record. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
D. Any other business.
A. EDIC Meeting.
The EDIC will be meeting on 1/26/04 at 4:30 P.M. at the Library.
B. Canal Region Chamber of Commerce Meeting.
Chairman Chamberlain will be attending.
X. SELECTMEN’S REPORTS
(NONE)
XI. ADJOURNMENT
MOTION: Selectman Tropeano moved at 9:05 P.M. to enter into Executive Session for the purpose of discussing litigation. Selectman Fernandes-Abbott seconded.
POLLED VOTE: Selectman Fernandes-Abbott - Yes
Selectman Pillsbury - Yes
Selectman Tropeano - Yes
Selectman Chamberlain - Yes
VOTE: Unanimous (4-0-0)
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on March 23, 2004.
Attest: Patrick G. Tropeano
Patrick G. Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: March 23, 2004
Date copy sent to Wareham Free Library: March 24, 2004
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