MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: June 1, 2004
Date of Transcription: June 2, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:05 P.M.
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Bruce Sauvageau, Clerk
Mary Jane Pillsbury
Cindy Chamberlain
Selectman Absent: Renee Fernandes-Abbott
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the BOS: Jim Fontes
John Salerno
Mr. Fontes spoke re: the renovation of the basketball courts in Onset & money raised to renovate them. He stated there would be a dedication for the new courts on 6/19/04 at 12:00 noon in memory of Bob Thorton. He asked the BOS members to attend.
Present before the BOS: Jim Newman
Mr. Newman thanked Selectmen Tropeano & Chamberlain for attending the Memorial Day Parade. He presented them w/ a picture of the WWII Memorial, which will be hung next to the WWII roster in Town Hall.
NOTE: The meeting proceeded w/ item V. Licenses & Permits - A. Application of Wareham Village Association, c/o Phyllis Decas, P.O. Box 484, Wareham, MA for a one day wines & malt beverages license for a Pig Roast event to be held on Sat., June 19, 2004 from 5:00 P.M. to 11:30 P.M. at Zecco Marine, Lower Main St., under the provisions of Chapter 138 of the MA General Laws for the year 2004 and B. Application of Wareham Village Association, c/o Anthi Frangiadis,
P.O. Box 484, Wareham, MA for use of Besse Park & Merchant’s Way For the 8th Annual Swan Festival on Sat., June 19, 2004 (Rain date: Sun., June 20, 2004).
Present before the BOS: Anthi Frangiadis
Ms. Frangiadis discussed some particulars of the Swan Festival. (Attached as reference).
Discussion ensued re: how to direct traffic for vendors, volunteers, etc.
Ms. Frangiadis stated that vendors would be parking at various medical
buildings on Main St. & the lots on Center St.
MOTION: Selectman Sauvageau moved the BOS approve the application of Wareham Village Association, c/o Phyllis Decas, P.O. Box 484, Wareham, MA for a one day wines & malt beverages license for a Pig Roast event to be held on Sat., June 19, 2004 from 5:00 P.M. to 11:30 P.M. at Zecco Marine, Lower Main St., under the provisions of Chapter 138 of the MA General Laws for the year 2004. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
Discussion ensued re: where the Pig Roast tickets are available. The BOS
stated that a permit will be needed for the D.J. at the Pig Roast.
MOTION: Selectman Sauvageau moved the BOS approve the application of the Wareham Village Association, c/o Anthi Frangiadis, P.O. Box 484, Wareham, MA for use of Besse Park & Merchant’s Way for the 8th Annual Swan Festival on Sat., June 19, 2004 (Rain date: Sun., June 20, 2004). Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item V. Licenses & Permits - D. Application of RT Myers & Sons, 76 Olympia Rd., Mansfield, MA for use of sidewalk to remove debris from 205 Onset Ave., Onset, MA from 8:00 A.M. to 5:00 P.M. Mon. through Fri. starting 6/1/04 for approx. one to two months.
No one was present to represent the applicant.
Chairman Tropeano stated that the applicant is taking down a building & staging will be on the sidewalk. He expressed concern re: staging being on the sidewalk for one to two months during the summer season. Discussion ensued.
Admin. Suggested having the applicant come before the BOS to discuss this matter. The BOS concurred to delay a decision on this matter until the applicant comes before the BOS.
NOTE: The meeting proceeded w/ an update from Gerald Furrier of Camp,
Dresser, & McKee.
Mr. Furrier updated the Board on the following:
Wareham WPCF Upgrade:
- Project proceeding into summer months.
- CDM watching scheduling intently.
Weweantic Shores Sewer Project:
- Project has commenced w/ construction in areas such as Hathaway St. & Third Ave.
- Additional crews will be added shortly.
- Discussed notification to residents re: sump pump water being placed into the system. He stated this matter would need to be discussed & then come back before the Board w/ a proposal.
- Discussed mitigation of old systems to be worked on also.
Rose Point, Briarwood Beach, & Beaver Dam Estates Sewer Project:
- Preliminary plans complete.
- Drilling w/ drilling rigs has commenced.
- Discussed DEP permit.
- SRF application will be submitted on 8/1/04.
- Bidding document should be put together by mid-July.
- Reviewing pump stations for these areas & what they will look like.
- Discussed several submersible pump stations.
Infiltration/Inflow Plan:
- Submitted six-month update on 4/30/04.
Mr. Furrier stated that the Rose Point project would be considered one contract & Briarwood Beach & Beaver Dam Estates will be considered a separate contract, but all three projects will commence around the same time. Discussion ensued.
Mr. Furrier discussed how lots can be assessed that are undeveloped, but buildable. He stated a service connection would be made & requiring assessment of a betterment fee. Selectman Chamberlain stated that a deed restriction could be put in place instead to make a lot unbuildable if the landowner never intends to develop it.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
(NONE)
C2. Appointments to the following: Certified Weighers, MBTA, Community Preservation Committee, Marine Resources Commission, Cable Advisory Committee, & Wareham Cultural Council.
MOTION: Selectman Sauvageau moved the BOS appoint Brian Walecka; Norris A. Walecka; Jr., Kenneth P. Walecka; Daniel A. Walecka; Lester D. Andrews, Jr.; Suzanne Nocon; & David St. Germain as Certified Weighers to terms to expire 6/30/05. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the BOS appoint Margaret A. Ishihara as a representative for the Town of Wareham to the MBTA Advisory Board to a term to expire 6/30/05. Selectman Chamberlain seconded for discussion.
NOTE: Ms. Ishihara stated a meeting would be held on 6/3/04 to discuss the budget for fiscal year 2005. She stated the budget will increase by $43 million & revenues will be up $47 million, which is from fare increases that were implemented. She stated an issue to be discussed is there are a number of commuter rails out of service. She stated a new contractor is under strict protocol & will be assessed penalties if this protocol is not followed.
Ms. Ishihara stated she attended a forum re: extending the commuter rail to Buzzards Bay & Wareham. She stated she was told if the commuter rail was to be extended; the funding would have to come out of bonding, not from the existing transportation/commuter budget.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the BOS appoint Donald Hall as a member (Wareham Housing Authority designee) to the Community Preservation Committee to a term to expire 6/30/07. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the BOS appoint Frank E. O’Brien as a member to the Marine Resources Commission to a term to expire 6/30/07.
NOTE: Selectman Chamberlain stated she wants to be sure that the BOS appoint a Wareham resident. Admin. Stated that the address listed for this applicant may be a summer address. The BOS concurred not appoint this applicant at this time in order to check the applicant’s address.
Selectman Sauvageau w/drew his motion.
MOTION: Selectman Sauvageau moved the BOS appoint Matthew Underhill & Melodye J. Conway as members to the Cable Advisory Committee to terms to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the BOS appoint Steve Ruiz & Caroline McGowan as members to the Wareham Cultural Council to terms to expire 6/30/07. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
C3. Signing of Bond.
MOTION: Selectman Sauvageau moved the BOS approve a Local Official Bond for Donna J. Rhodes in the amount of $15,000. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
C4. Approval of minutes of previous meetings: 3/3/0/04.
MOTION: Selectman Sauvageau moved the BOS approve the Regular Session meeting minutes of 3/30/04 as corrected. Selectman Pillsbury seconded.
VOTE: (3-0-1)
Selectman Tropeano abstained
NOTE: The meeting proceeded w/ item V. Licenses & Permits - C. Cont.‘d hearing - To determine if an above-ground storage of flammable liquids license issued to Franconia Fuel, 379 Main St., Wareham, MA, should be revoked based upon violation of MGL c.148, sec. 13.
Present before the BOS: John Nelson
Attorney Gowaol, Representing Mr. Nelson
Capt. Michael J. Dykas, Wareham Fire Dept.
MOTION: Selectman Chamberlain moved to remove this item from the table.
Selectman Sauvageau seconded.
VOTE: Unanimous (4-0-0)
Chairman Tropeano read the correct number of the regulation in question. He stated Mr. Nelson has changed fuel tanks, changed the amount of fuel storage, & has changed how the fuel is stored.
Attorney Gowaol stated he doesn’t understand where the authority is in seeking to revoke the license set forth. Chairman Tropeano stated under sections 37A & 13, any changes trigger a licensing review. Capt. Dykas referred to MGL 148, sec. 13.
Attorney Gowaol stated the Fire Dept. cannot deny the license, but can only advise the licensing authority. He stated the Fire Dept. could only deny the application.
Attorney Gowaol stated as for the situation at Franconia Fuel, he stated a meeting was held w/in the past several months to work out a solution. He stated there were three empty tanks w/ nothing in them at the site.
Capt. Dykas stated that it is the Fire Dept.’s responsibility to make sure certain criteria for this type of work is met, for example, 1) an application for a permit is on file, 2) a competent person needs to submit a plan for the work, & 3) there is a need for environmental containment information. He stated as he understands, Mr. Nelson has not obtained someone as of yet to do this. He stated the Fire Dept. is denying the application due to the absence of some documentation, but he stated this denial is only advisory to the BOS. He stated once the appropriate documentation is received, the Fire Dept. could re-address this matter.
Capt. Dykas stated as he understands, three tanks were removed & four tanks were brought in from another site. He stated w/ the arrival of the four tanks, there was a decrease in the total number of gallons. He stated the total number of gallons is now 40,000 (10,000 per tank). Discussion ensued re: regulation 527, CMR 9.07.
Attorney Gowaol discussed MGL 148, sec. 13 & what it states re: revocation issues. The BOS members stated they are not speaking about revocation.
Attorney Gowaol stated all Mr. Nelson did was apply for a re-certification under MGL 148, sec. 13. He stated w/ re: to the fuel storage increase, regulation 527, CMR 9.07 & the issue of above ground storage tanks, he stated this doesn’t require a new license. He stated there was no increase in gallons in the tanks. The BOS members disagreed.
Attorney Gowaol stated he has never been advised re: what regulation the BOS is referring to & he doesn’t know what paperwork they are relying on. He suggested coming back at another date when all information has been provided. He stated he has never received any conditions in writing from the Fire Dept. He understands the Fire Dept. is relying on the regulations, but some are not applicable to Mr. Nelson’s license. He added that Mr. Nelson has entered into a contract w/ a professional engineer to draw up a plan that may provide a solution to the Fire Dept.’s concerns.
Capt. Dykas asked if there were three tanks removed & four tanks put in. Attorney Gowaol stated there were four tanks on the site. He stated the change is there were one 10,000-gallon tank & three 15,000-gallon tanks. He stated the three 15,000 gallon tanks have been removed & sent to an approved site. He stated three new 10,000-gallon tanks were put on existing saddles on the property, which decreased the fuel capacity stored at the site. Capt. Dykas stated this would constitute a change in license & requires a hearing.
Capt. Dykas stated the tanks are approx. 100 ft. from the building & the location of the tanks is not a concern. He stated what is of concern is fire explosion & environmental issues. He feels the BOS is w/in their rights to hold a hearing due to the decrease in fuel storage. He added that Mr. Nelson had told the Fire Dept. that information was forthcoming, but the Fire Dept. has not received any documentation, specifications, etc. as of yet. He also stated that dialog commenced in March w/ a Mr. Goldie & the Fire Dept. when the tanks were removed.
Attorney Gowaol stated he is not prepared to address everything this evening. He stated as for Mr. Goldie, he is a manager & Mr. Nelson was never informed of the Fire Dept.’s conditions. He again stated that Mr. Nelson has signed a proposal w/ a professional engineering company who will be handling the work.
Chairman Tropeano stated if the Fire Dept. has concerns they can ask to have a situation corrected & if the situation is not corrected, then the permitting authority can revoke the license. He briefly spoke re: MGL 148, sec. 37A. Attorney Gowaol stated this applies to underground storage tanks. Chairman Tropeano stated it also addresses above ground storage tanks. Capt. Dykas stated if changes are made, the license should be amended & only the BOS can do
this. He stated the last application he received from Mr. Nelson was on 2/11/04. He stated after that, a dialog was started w/ the Fire Dept. at which time the Fire Dept. was told that information would be forthcoming. He stated nothing has been received since then & it is four months later.
Chairman Tropeano suggested continuing this hearing again & setting a time for Mr. Nelson to get in compliance w/ public safety matters.
MOTION: Selectman Chamberlain moved to continue this hearing until 7/6/04.
Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
Selectman Pillsbury stated that Mr. Nelson’s engineer should discuss this matter w/ the Fire Dept.
IV. TOWN ADMINISTRATOR’S REPORT
1. Little Harbor Estates Signage. Admin. received an e-mail request for the Town to post stop signs at various intersections at Little Harbor Estates. The areas was subsequently reviewed by both Chief Joyce & Mark Gifford & the concur that stop signs are needed at the following locations:
Maritime Drive at Tarpaulin Way
Maritime Drive at Anchorage Drive
Maritime Drive at Burgee Lane.
MOTION: Selectman Sauvageau moved the BOS to approve the installation of stop signs at the intersections of Maritime Drive w/ Tarpaulin Way, Anchorage Drive, & Burgee Lane. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
2. Update on Pump Stations. Admin. updated the BOS. (Attached as reference).
3. Route 6/28 Updates. The Route 6/28 improvement project has been awaiting construction since 1998. MA Highway has delayed the project since that time pending completion of Right of Way.
At the 5/19/04 meeting of the Joint Transportation Planning Group, SRPEDD proposed an allocation of $1.5 million in either the 2004 or 2005 Transportation Improvement Plan to be utilized by MA Highway for the purposes of securing the necessary Right of Way through a private consultant. Officials of MA Highway present at the meeting said that it would be impossible for them to “gear up” to spend the money in 2004. As a potential compromise, Admin. has committed that, if funding were made available to the Town as part of the 2004 TIP, the Town would complete the necessary right of way work & donate the acquisitions to MA Highway by purposes of completing the construction. Admin. expects that this possibility will further be explored by the JTPG at its next meeting in June. Discussion
ensued.
4. BDOD. At the BOS’s last meeting, the BOS was asked to approve the latest version of the BDOD legislation. At that time, the Admin. indicated that he believed that the proposed legislation was in its final version. However, based upon further discusses w/ the proponent & Counsel, it is recommended that the BOS approve the proposed legislation & forward it to the legislature.
MOTION: Selectman Sauvageau moved the BOS approve “An Act Relative to Impact Fees in a Business Development Overlay District in the Town of Wareham,” & forward it to the State Legislature. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
5. Highland, Inc. Update. Per the BOS’s request, an update on the status of the Highland, Inc. property off Glen Charlie Rd. has been submitted. (Attached as reference).
V. LICENSES & PERMITS
(DONE)
VI. ANNOUNCEMENTS
1. The Recycling Center is now accepting needles/sharps on Wednesday’s 1:00 P.M. to 3:00 P.M. & Saturday’s 7:00 A.M. to 9:00 A.M.
2. A Health Faire will be held in the Town Hall auditorium on 6/10/04 from 12:00 noon to 4:00 P.M.
VII. BUSINESS
A. Sawyer Street.
Chairman Tropeano stated that after contacting Chief Joyce, he has not changed his mind re: his two options for the Sawyer St. matter. He stated the Chief still favors what is in place at this time.
Selectman Sauvageau feels the BOS has satisfied an obligation to allow residents of this street to make comments. Discussion ensued re: residents’ concerns dealing w/ the street being blocked due to parades, special events, etc. Selectman Chamberlain commented that Sawyer St. was the only street not blocked during the Memorial Day Parade.
The BOS members concurred to keep the Sawyer St. the way it is now.
B. Rate of interest for pawnbrokers.
Discussion ensued re: the rate of interest.
Discussion ensued re: Section 2. (Attached as reference).
Discussion ensued re: gathering information from other communities re: what their rates are.
C. Any other business.
(NONE)
VIII. SELECTMEN’S REPORTS
1. Selectman Chamberlain - Stated attending a rail forum & presentation re: the Cape Cod Rail. She stated it was discussed that Buzzards Bay has seamless rail & the Cape has none, thus it would be a huge cost. She feels the active rider ship numbers are deflated. She discussed how they allocate feasibility ridership vs. dollars for the project.
Lengthy discussion ensued.
Present before the BOS: Margaret Ishihara
Ms. Ishihara discussed the financial portion re: the rail & capital projects. She discussed the transportation bond.
Selectman Chamberlain suggested a survey be given re: what residents would like.
Selectman Chamberlain discussed the Wareham Career Center. She stated there is confusion as to what the Wareham Career Center does. She stated they would like to have a seasonal information booth. She stated the Canal Region Chamber of Commerce has a location on Main St., which would charge a minimal rent of $50 per month. She stated the building would be refurbished to get someone in there. She asked the Admin. to follow up on this matter. The BOS members concurred.
IX. ADJOURNMENT
MOTION: Selectman Pillsbury moved at 9:10 P.M. to enter into Executive Session
for the purpose of discussing collective bargaining. Selectman
Chamberlain seconded.
POLLED VOTE: Selectman Chamberlain - Yes
Selectman Pillsbury - Yes
Selectman Sauvageau - Yes
Selectman Tropeano - 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 July 6, 2004.
Attest: Bruce Sauvageau
Bruce Sauvageau, Clerk
BOARD OF SELECTMEN
Date signed: 7/6/04
Date copy sent to Wareham Free Library: 7/13/04.
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