MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: May 18, 2004
Date of Transcription: May 23, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:00 P.M.
MOTION: Selectman Chamberlain moved to have Selectman Pillsbury be Clerk Pro Tem for this evening. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Mary Jane Pillsbury, Acting Clerk
Renee Fernandes-Abbott
Cindy Chamberlain
Selectman Absent: Bruce Sauvageau
Present: Michael Hartman, Town Administrator
II. AFFORDABLE HOUSING - FINAL PROPOSAL
Discussion ensued regarding the draft housing plan. The Board is generally supportive, but requested to see a model and a discussion in the near future of implementation and adopting the plan. A draft copy of the housing plan is filed in the Selectmen’s Office.
NOTE: The meeting proceeded w/ item VI. Licenses & Permits - Hearing - Application to transfer a Year-Round Common Victualer Wines & Malts Beverages License from Brian M. Welch d/b/a Barnacle Bill’s, 3126 Cranberry Highway, East Wareham to Welch’s Barnacle Bill’s, Inc. d/b/a Barnacle Bill’s (same address), under the provisions of Chapter 138 of the MGL for the year 2004 & the applicant has applied for an Automatic Amusement Device License & Common Victualler License, under the provisions of Chapter 140 of the MGL for the year 2004.
Present before the Board: Brian Welch
MOTION: Selectman Pillsbury moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
Selectman Pillsbury suggested the Board consult w/ either Town Counsel or local law enforcement re: this application before proceeding. She stated further information is needed.
Mr. Welch submitted the green return receipts.
No one spoke in favor or against the application.
MOTION: Selectman Pillsbury moved the Board recess the hearing until June 1, 2004. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
III. CITIZENS PARTICIPATION
(NONE)
IV. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve invoice #80174552/20 from Camp, Dresser & McKee in the amount of $43,378.78 re: construction & O&M services for the Wareham WPCF upgrade. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80174412/3 from Camp, Dresser & McKee in the amount of $7,391.80 re: bidding, permitting & construction services for the Weweantic Shores sewer project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80174553/35 from Camp, Dresser & McKee in the amount of $41,653.86 re: construction & O&M services for the Wareham WPCF upgrade project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80175007/4 from Camp, Dresser & McKee in the amount of $27,095.38 re: design of the gravity sewer, pumping stations, force mains, & pressure sewers for Rose Point, Briarwood Beach & Beaver Dam Estates areas. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80175004/2 from Camp, Dresser & McKee in the amount of $12,636.74 re: bidding, permitting & construction services for the Weweantic Shores sewer project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item VI. Licenses & Permits - C. Hearing – To determine if an above-ground storage of flammable liquids license issued to Franconia Fuel, 379 Main Street, Wareham, MA, should be revoked based upon violation of MGL., c. 148, sec. 13.
MOTION: Selectman Pillsbury moved to open the hearing. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
Present before the BOARD: John Nelson
Attorney Rodney Gowaol
Attorney Gowaol stated the Franconia Fuel site is one that has been used to hold fuel oil for above ground storage tanks. The current license has been issued from the Town since 1962 & is reviewed annually. He doesn’t understand why they are present this evening.
Chairman Tropeano stated that Franconia Fuel notified the Town that the tanks at 2363 Cranberry Highway have been disconnected & next month they will be removed & taken to the property at 379 Main St.
Attorney Gowaol again stated he doesn’t know why they are present this evening.
Selectman Pillsbury stated that Mr. Nelson has been notified by the Clerk’s office that any change, whether it be increasing or decreasing, the license holder has to go before the Board. Attorney Gowaol stated that if this is true, Mr. Nelson has never been informed that this is the issue or as to why they are present. He stated if this is an issue, it is still the same license. He stated he wants to know the basis for why he was required to be present so he can address the matter properly. He stated Mr. Nelson is unaware & without notice as to why he is here. Chairman Tropeano stated any change, whether it is an increase or a decrease, requires the license holder to come before the Board. He asked if the tanks have 15,000 gallons each in them. Mr. Gowaol stated the tanks
there previously had 15,000 gallons in them & that the tanks would be decreasing by 15,000. Chairman Tropeano stated that the regulation states any changes require the license holder coming before the Board, under MGL., c. 148, sec. 13.
Chairman Tropeano asked if the tanks were being changed from one property to another. Mr. Nelson stated the tanks were taken from West Wareham to Wareham. Selectman Pillsbury stated this was done w/out Fire Dept. approval initially.
Mr. Gowaol again stated he doesn’t understand what exactly is trying to be addressed. He stated he will be happy to address anything, but he needs to know what is being addressed. He stated he has read Section 13 & doesn’t see the requirement based on the changes. Brief discussion ensued re: if the Section is 38A or Section 13. Mr. Gowaol stated that Chapter 38A only deals w/ underground storage tanks, which is not at issue presently. Chairman Tropeano agreed & stated nothing is mentioned pertaining to above ground tanks.
Selectman Chamberlain discussed the letter sent to the Clerk’s office by the Wareham Fire Dept. (Attached as reference). Admin. stated that this letter states this matter has to go before the Board.
Mr. Gowaol stated he would like to review the letter & the section of the regulation & will be happy to come back before the Board to address this matter. Selectman Chamberlain suggested the Board invite Capt. Michael Dykas of the Wareham Fire Dept. be present at the next hearing to address this matter.
MOTION: Selectman Pillsbury moved to recess the hearing until 6/1/04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item IV. Consent Agenda.
C2. Safe Boating Week Proclamation.
Present before the Board: Joseph Medeiros, Flotilla 65
Mr. Medeiros stated that Flotilla 65 is the largest Flotilla in the nation w/ over 400 members & are responsible for safe boating patrols & Search & Rescue missions in many communities.
Mr. Medeiros stated his group does a lot of public safety throughout many communities, discussed how they promote public safety, & who they work in conjunction with.
Selectman Pillsbury read the Proclamation into the record. (Attached as reference).
MOTION: Selectman Pillsbury moved the Board approve & sign the Safe Boating
Week Proclamation. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
C3. Appointments to Zoning Board of Appeals.
MOTION: Selectman Pillsbury moved the Board appoint David A. Sharkey & Mary Scarsciotti as associate members to the Zoning Board of Appeals w/ terms to expire 6/30/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
C4. Appointments to Commission on Disability.
MOTION: Selectman Pillsbury moved the Board appoint Suzanne Allen as a member to the Commission on Disability to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Barry Sumner as a member to the Commission on Disability to a term to expire 6/30/06. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
C5. Appointment of Veterans Graves Officer.
MOTION: Selectman Pillsbury moved the Board appoint Donald F. Lombard as the Veterans Graves Officer to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
C6. Appointments to Cable Advisory Committee.
MOTION: Selectman Pillsbury moved the Board appoint Paul Geigle as a member to the Cable Advisory Committee to a term to expire 6/30/07. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Jeffrey Hathaway, Jim L. Roper, & James B. Newman, Jr. as members to the Cable Advisory Committee to a term to expire 6/30/07. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
C7. Appointment to Historic District Commission.
MOTION: Selectman Pillsbury moved the Board appoint George C. Decas as a member to the Historic District Commission to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
C8. Appointment to Recreation Commission.
MOTION: Selectman Pillsbury moved the Board appoint Joseph H. Chiaraluce as a member to the Wareham Recreation Commission to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
C9. Appointments of Certified Weighers.
Selectman Chamberlain stated that traditionally before Certified Weighers are appointed, their names are sent to the Chief of Police & this has not been done. She asked that the appointments be made after review by the Chief of Police. The Board members concurred.
C10. Appointment to Visitor Services Committee. (NONE)
C11. Appointment to Buzzards Bay Action Committee.
MOTION: Selectman Pillsbury moved the Board appoint Charles Gricus as the Board’s representative to the Buzzards Bay Committee to an indefinite term. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
C12. Approval of minutes of previous meetings: 4/20/04 & 4/26/04.
MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 4/20/04 & 4/26/04. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
C13. Use of Sidewalk permit.
A. Application of John C. Salerno, 198 Onset Ave., Onset, MA for use of sidewalk to paint the building at 198 Onset Ave., Onset on Thursday & Friday, May 20 & May 21, 2004 from 9:00 A.M. to 5:00 P.M.
Present before the Board: John Salerno
Brief discussion ensued re: number of days needed to complete the job.
MOTION: Selectman Pillsbury moved the Board approve the application of John C. Salerno, 198 Onset Ave., Onset, MA for use of sidewalk to paint the building at 198 Onset Ave., Onset on Thursday & Friday, May 20 & May 21, 2004 from 9:00 A.M. to 5:00 P.M. w/ the option for rain dates of May 24 & May 25, 2004 contingent upon receipt of certificate of insurance. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item VI. Licenses & Permits - A. Application by Brinker Massachusetts Corp. d/b/a Chili’s Grill & Bar, 2889 Cranberry Highway, for Change of Manager of an existing Year-Round Common Victualer Beverages License from James Tinsley to Denise Russell, under the provisions of Chapter 138 of the MGL for the year 2004.
Present before the Board: Denise Russell
MOTION: Selectman Pillsbury moved the Board approve the application by Brinker Massachusetts Corp. d/b/a Chili’s Grill & Bar, 2889 Cranberry Highway, for Change of Manager of an existing Year-Round Common Victualer Beverages License from James Tinsley to Denise Russell, under the provisions of Chapter 138 of the MGL for the year 2004. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
V. TOWN ADMINISTRATOR’S REPORT
1. Third Quarter Sewer Billing - Town of Bourne. The third quarter sewer billing for FY’04 for the Town of Bourne is in the amount of $47,539.50. This reflects ¼ of the estimated cost.
MOTION: Selectman Pillsbury moved the Board include the third 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 for payment. Selectman
Chamberlain seconded.
VOTE: Unanimous (4-0-0)
2. Harbormaster/Shellfish Constable Proposal. The proposal is to affirm the closing of all areas for the taking of soft-shell clams from 6/1/04 through 9/15/04 w/ the exception of the following areas which will be open Monday through Saturday: Long Beach to Warren Point; Stoney Point Dike, Sunset Cove, Shellpoint Bay, except for the easterly shoreline & Shellpoint parking area as signed & posted on the shoreline, opposite the intersection of First St. & West Blvd. and/or any swimming beach; Widows Cove, Bass Cove, southern tip of Burgess Point to Codman’s Point, Wicket’s Island; & the northern point of Lydia’s Island to the western edge of Burgess Point.
MOTION: Selectman Pillsbury moved the Board affirm the closing of all areas for the taking of soft-shell clams from 6/1/04 through 9/15/04 w/ the exception of the following areas which will be open Monday through Saturday: Long Beach to Warren Point; Stoney Point Dike, Sunset Cove, Shellpoint Bay, except for the easterly shoreline & Shellpoint parking
area as signed & posted on the shoreline, opposite the intersection of First St. & West Blvd. and/or any swimming beach; Widows Cove, Bass Cove, southern tip of Burgess
Point to Codman’s Point, Wicket’s Island; & the northern point of Lydia’s Island to the western edge of Burgess Point. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
3. Show-cause Hearing. The Board needs to hold a show-cause hearing for Tomato & Basil, 3136 Cranberry Highway, Wareham for violation of Chapter 138, s. 63A. A random check done approx. after 2:30 A.M., the police observed a male & female standing in the bar area & the female was holding a drink.
MOTION: Selectman Pillsbury moved the Board hold a show-cause hearing for Tomato & Basil, 3136 Cranberry Highway, Wareham for violation of the Town’s liquor license policies & the date of said hearing be at the discretion of the Chairman. Selectman Fernandes-Abbott seconded
VOTE: Unanimous (4-0-0)
4. Proposed Final Version of BDOD. This has been pending before the Legislature for over a year. The legislation has undergone several revisions & is now in its final form. The Town was notified yesterday of it on the schedule to be voted upon tomorrow. In accordance w/ Section 10 of the article that was adopted on 4/28/03, the Board is authorized to approve amendments to the legislation that are w/in the scope of the general public objectives of the article. Town Counsel has reviewed the final legislation & has indicated that the final BDOD version is consistent w/ the general scope of objectives & therefore, can be reviewed & approved by the Board by simple majority vote.
MOTION: Selectman Pillsbury moved the Board approve the final version of the BDOD for legislation. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
5. Request of Homeowner’s Association of Hamilton Beach. The Assoc. is willing to enter into a contractual relationship w/ the Town on a fee for service basis to clean the beach. Apparently, their contractor has been injured & cannot clean the beach this year. Mark Gifford has met w/ the Assoc. & it has been determined that it will take approx. two hours per week. In exchange for the Town providing this service, the Assoc. is willing to pay $6,000 for the season which is approx. $300.00 per hour.
Admin. stated the Town can accommodate this request w/ current staff & equipment. This season will be a trial run.
MOTION: Selectman Pillsbury moved the Board approve, on a trial fee for service basis for the summer season for the cleaning of Hamilton Beach Assoc. beach w/ the fee to be $6,000.00. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
6. Permission to Wareham Garden Club. Permission has been given to the Wareham Garden Club for work they would like to do to enhance Pezzoli Square. They will remove a dead tree & replace w/ a donated tree. They will also look at other shrubbery & plantings.
VI. LICENSES & PERMITS
A. Application by Brinker Massachusetts Corp. d/b/a Chili’s Grill & Bar, 2889 Cranberry Highway, for Change of Manager of an existing Year-Round Common Victualer Beverages License from James Tinsley to Denise Russell, under the provisions of Chapter 138 of the MGL for the year 2004. (Done)
B. Hearing - Application to transfer a Year-Round Common Victualer Wines & Malts Beverages License from Brian M. Welch d/b/a Barnacle Bill’s, 3126 Cranberry Highway, East Wareham to Welch’s Barnacle Bill’s, Inc. d/b/a Barnacle Bill’s (same address), under the provisions of Chapter 138 of the MGL for the year 2004 & the applicant has applied for an Automatic Amusement Device License & Common Victualler License, under the provisions of Chapter 140 of the MGL for the year 2004. (Done)
C. Hearing - To determine if an above-ground storage of flammable liquids license issued to Franconia Fuel, 379 Main Street, Wareham, MA, should be revoked based upon violation of MGL., c. 148, sec. 13. (Done)
VII. ANNOUNCEMENTS
A. The Memorial Day Parade will be held on Monday, 5/31/04 beginning at Besse Park at 11:00 A.M. w/ a short ceremony; continuing to Old Town Green to place a wreath on the WWI & Soldiers Memorial; the Middle School Band will play; continuing down Gibbs Ave. to Marion Rd. into Memorial Town Hall for a ceremony to lay a wreath at the WWII, Korea & Vietnam Memorial; the Wareham High School Band will play & any guest speakers.
B. There are now three new features added to the Town’s web site that will hopefully provide better service to the public:
1. Recreation Online Registration - public will be able to register online for recreational events.
2. Assessors Fiscal Year 2004 Real Estate Database is available for property records.
3. Cemetery records are available for genealogical research.
C. The Cape Cod Canal Region Chamber of Commerce & the Wareham Committee will be meeting on Thursday, May 20, 2004 at Plymouth Savings Bank at 8:00 A.M. to 9:00 A.M. to discuss possible visitor’s center on Main St.
VIII. BUSINESS
NOTE: Discussion ensued re: an issue arisen w/ the Zoning Re-write Committee dealing w/Special Municipal Employee Status.
MOTION: Selectman Pillsbury moved the Board grant the Zoning Re-write Committee Special Municipal Employee Status as long as the Committee is operating & expires when the Committee resolves. Selectman Chamberlain seconded.
VOTE: Unanimous (4-0-0)
A. Sawyer Street.
Present before the Board: Residents of Sawyer Street
Chairman Tropeano asked how the present status of roadway is working. A gentleman present stated it is not working due to inconvenience & hasn’t solved the problems.
Discussion ensued re: issues on this street & input from residents living on the street.
Admin. stated that the nature of complaints were that the street was not wide enough to accommodate parking w/ the newer, larger modern vehicles there are now & to accommodate two lanes of traffic in a safe manner.
Mr. Wiegandt expressed his concern re: the existing parking bans on this street & issues w/ doctors’ offices nearby face. He also addressed Chief Joyce’s concerns re: the street.
Selectman Pillsbury stated the Board had asked Chief Joyce to re-visit this matter & stated that Chief Joyce’s concerns are w/ public safety. She stated his review has resulted in the two options stated.
Chairman Tropeano discussed some results from survey sent out to residents of the street pertaining to which of the two options they prefer.
A woman present expressed concern re: lack of parking availability on the street presently. Selectman Pillsbury stated that two-way traffic w/ limited parking is not an option being considered. She stated the Board could consult, for the final time, w/ Chief Joyce re: the issue.
Lengthy discussion cont’d. re: the traffic & parking issues on this street.
MOTION: Selectman Tropeano moved to keep Sawyer Street a one-way street with parking limited to one side.
Selectman Pillsbury seconded.
NOTE: The Board concurred to bring this matter to the attention of Chief Joyce once again.
VOTE: Unanimous (4-0-0)
B. Any other business.
None.
IX. SELECTMEN’S REPORTS
None.
X. ADJOURNMENT
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on July 20, 2004.
Attest: Mary Jane Pillsbury Date signed: 7/20/04
Mary Jane Pillsbury, Clerk Pro Tem
Date copy sent to Wareham Free Library: 7/21/04.
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