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MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: January 6, 2004
Date of Transcription: January 13, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Chamberlain called the meeting to order at 7:00 P.M.
A. Roll Call
Selectmen Present: Cindy Chamberlain, Chairman
Patrick Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Savaugeau
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the BOS: Sam Corbitt
Mr. Corbitt stated that several organizations have asked if & when the fireworks will be held in 2004. He recapped last year’s fireworks organization, which included an anonymous donation of $3,000 for the Firework’s Fund after the fireworks. He stated he also collected approx. $2,000 above & beyond what was need for last year’s display, thus already have $5,000 in the bank for this year.
Mr. Corbitt stated that the actual 4th of July is on a Sunday & the following Monday is a legal holiday. He stated he would like to hold the fireworks on Sunday, July 4th if the BOS agrees. Brief discussion ensued re: cost for services on a Sunday vs. a holiday.
The BOS concurred to hold the fireworks on Sunday, July 4th & have Monday, July 5th be the rain date.
Present before the BOS: Michelle Fitzgerald, Swifts Beach Rd.
Ms. Fitzgerald stated she lives near the new Beaver Meadows subdivision development is going. She expressed concerns re: what is going on w/ the development. She stated she received a letter threatening her by the building contractor, Mr. Bachant. She stated Mr. Bachant has broken every rule that has been set before him w/out regard for anyone around him, for example, he was told not to work holidays, but he was there New Year’s morning at 7:30 A.M. rattling her house. She stated she has called Mr. Bachant’s office & asked him to shut down on New Year’s morning. She submitted the letter she received from Mr. Bachant to the BOS.
Ms. Fitzgerald stated that she has attended Conservation Commission meetings & Planning Board meetings to try & be involved w/ what is happening in her neighborhood. She stated Mr. Bachant has stated she is harassing him & he is now threatening her w/ legal action. She wanted the BOS to know what is going on. She discussed an incident where Mr. Bachant cut all the trees in this development, which he wasn’t supposed to. She added that Mr. Gricus, from the Planning Dept. has been very helpful.
Chairman Chamberlain stated she attended the first Planning Board meeting where Mr. Bachant was brought in to address the initial concerns re: the project. She stated the Planning Board was forthright w/ the list of conditions set forth & the list of conditions he had already broken. She stated this is not the only complaint received re: this project. She feels Ms. Fitzgerald deserves some mitigation on damage that has been created on her property by this development.
Present before the BOS: Charles Gricus, Town Planner
Mr. Gricus briefly discussed the issue at hand & mitigation. He discussed the issue of roadways not being adequate which was after the design phase. Admin. stated that Mr. Bachant’s initial engineer has been fired & a new engineer has been hired pertaining to this project.
Ms. Fitzgerald stated that Mr. Bachant has brought in fill that is w/in the flood plain & she doesn’t understand how he is getting away with it. She stated yesterday he was pouring foundations at 8:00 P.M. Mr. Gricus stated that someone should look to see if he has obtained building permits for these foundations. Discussion ensued re: placing a stop work order or a cease & desist order on this project. Admin. stated the Planning Dept. has told Mr. Bachant that there will be no lot releases. He stated that technically he shouldn’t be doing anything per lot. He can work on infrastructure issues. He stated he wasn’t aware of the foundation issue & the Building Inspector will be sent out tomorrow to issue a cease & desist order.
Discussion ensued re: problems created by run-off & road elevations. Ms. Fitzgerald stated Mr. Bachant has moved a water retaining basin basically into her backyard & there is no fencing around it for safety. Selectman Tropeano stated once the issue of elevations of the roadway plans was found everything should have stopped & it should have gone back to site plan review. Admin. stated that is what the Planning Board is doing now.
Discussion ensued re: if redesign has gone before the Conservation Commission & Planning Board & where the process is now.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the Board approve invoice #80164375/16 from Camp, Dresser & McKee in the amount of $32,055.26 re: construction & O&M services for the Wareham WPCF upgrade. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice #80164374/5 from Camp, Dresser & McKee in the amount of $3,954.94 re: bidding, permitting & construction services for the Weweantic Shores sewer project. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice #80164376/2 from Camp, Dresser & McKee in the amount of $2,248.63 re: bidding, permitting & construction services for the Weweantic Shores sewer project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C2. Appointment of Poll Worker.
MOTION: Selectman Tropeano moved the BOS appoint Traci Medeiros as an Election/Poll Worker to a term to expire 6/30/04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
1. Bid Award - Truck Mounted Jet Rodder. On 12/10/03, bids were received & opened for the purchase & delivery of a truck mounted jet rodder for use by the WPCF. The bid was awarded to the sole bidder, J.F. McDermott Corp., at the recommendation of David Simmons, WPCF Superintendent & Kathy Corradi, Purchasing Admin. The amount of the bid is $79,865.
2. Bid Award - Passenger & Light Truck Maintenance Parts & Supplies. On 12/4/03 two bids were received & opened for the purchase & delivery of passenger & light trust maintenance parts & supplies for one year w/ an optional renewal year. The bid was awarded to C.W. Douglas Auto Parts Co., Inc. after a coin toss (due to tied bid) for a 28% discount at the recommendations of Mark Gifford, Municipal Maintenance Director & Kathy Corradi, Purchasing Admin.
3. Onset Pier Ticket Booth Lease. Bids were solicited in 12/03 for a five-year lease for the ticket booth at Onset Pier. The bid was awarded to the sole bidder, Hyannis Harbor Tours, Inc. for a contract amount of $20,000 payable in installments through 8/15/08.
4. Community Development Application. Working on Community Development application, which is due this week. The application was not completed in time to submit to the BOS. The BOS has received this evening a copy of the Community Development strategy. Admin. asked the BOS to authorize the Chair to sign the grant application. The amount requested of the grant is $800,000 ($684,928 of which is for public facilities - Oak Grove School).
Selectman Savaugeau asked how the housing component helps the Town’s argument re: Chapter 40B. Mr. Gricus, Town Planner discussed the housing component/requirement.
MOTION: Selectman Tropeano moved the BOS approve the Community Development grant application & to authorize the Chair to sign all pertinent documents. Selectman Renee Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
5. Liquor License Violation. The BOS will need to schedule a Show Cause Hearing for Barnacle Bill’s relative to a violation of the Town’s liquor policy re: the naming of a manager.
Admin. discussed why this hearing is being requested due to an investigation.
The BOS concurred to hold a show cause hearing for Barnacle Bill’s.
6. Change Order #4 - WPCF Upgrade. The Change Order is for the Water District Development fee of $11,005.29 associated w/ the new water services for the WPCF upgrade project.
Selectman Tropeano asked why there is a development charge when the WPCF already has an existing water service. Discussion ensued.
MOTION: Selectman Tropeano moved the Board approve & authorize the Chair to sign Change Order #4 for the WPCF upgrade project in the amount of $11,005.29 w/ the stipulation that the Water District be contacted relative to negotiating the dollar amount. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
V. LICENSES & PERMITS
A. Hearing - Approve the following applications for Tomato & Basil, Inc., Brian Burkhead, Manager, 3136 Cranberry Highway, Wareham, MA:
1. Public Amusement License on Weekdays for Live Entertainment & Dancing, under the provisions of Chapter 140 of the MA General Laws &
2. Public Entertainment on Sunday License for Live Entertainment & Dancing, under the provisions of Chapter 136 of the MA General Laws.
Present before the BOS: Brian Burkhead
MOTION: Selectman Tropeano moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Mr. Burkhead stated tables would be moved around for an open area if there is dancing. He stated they would be using the license for a girl w/ a sound system in the corner on a table to sign Italian music to keep the dinner crowd there longer.
Brief discussion ensued re: hours of operation pertaining to the entertainment license. Brief discussion ensued re: application indicating a 4-5 piece orchestra & the Selectmen's concerns re: the establishment being very small. Mr. Bulkhead stated he filled this out just in case there were more people involved w/ music, for example, someone w/ a guitar, someone w/ a tambourine, & a singer. Discussion ensued.
Selectman Savaugeau expressed confusion re: having music w/ dinner & then moving the tables for dancing. Mr. Bulkhead explained that he would like to have a Karaoke night & a singer w/ keyboard come in & then in summer have a local band play acoustically in the corner. Selectman Savaugeau asked what hour dinner will stop & entertainment start. Mr. Bulkhead stated entertainment would start at 9:00 P.M. w/ appetizers & drinks being served. He feels entertainment would keep the dinner crowd there. He stated special events nights would be advertised & hours for dinner & hours for entertainment would be indicated.
Selectman Pillsbury stated the Town has a restaurant-pouring license. She stated the Town doesn’t have a nightclub or a bar license. Selectman Savaugeau feels this is a conversion of operation between dinner & entertainment. Selectman Pillsbury agreed. Mr. Bulkhead again explained his intentions. Selectman Pillsbury expressed concern w/ Mr. Bulkhead’s request to eliminate the restaurant space & give it over to entertainment at a certain point & in a small space.
Mr. Bulkhead explained again why he placed a 4-5 piece band on the application. He stated that it is not a priority to turn the establishment into an entertainment establishment. He stated he would be willing to go w/ a one acoustic person & one vocalist, no dancing, & limit this from 7:00 P.M. to 12:00 midnight. Brief discussion ensued.
No one spoke for or against the application.
MOTION: Selectman Tropeano moved to close the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve a Public Amusement on Weekdays License for Tomato & Basil, Inc., Brian Bulkhead, Manager, 3136 Cranberry Highway, Wareham, MA w/ the stipulation that there be only one acoustic person & one vocalist between the hours of 7:00 P.M. & 12:00 midnight. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve a Public Amusement on Sundays License for Tomato & Basil, Inc., Brian Bulkhead, Manager, 3136 Cranberry Highway, Wareham, MA w/ the stipulation that there be only one acoustic person & one vocalist between the hours of 7:00 P.M. & 12:00 midnight. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
B. Approve the application of Papa Gino’s, 2889 Cranberry Highway, East Wareham, MA for a Public Entertainment on Sunday License, under the provisions of Chapter 136 of the MA General Laws.
MOTION: Selectman Tropeano moved the BOS approve the application of Papa Gino’s, 2889 Cranberry Highway, East Wareham, MA for a Public Entertainment on Sunday License, under the provisions of Chapter 136 of the MA General Laws. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VI. ANNOUNCEMENTS
1. The school Superintendent search is underway. Interviews are ongoing.
2. The Cable Advisory Committee will be meeting w/ Comcast & their attorneys on 1/8/04.
3. For the month of February, the BOS will be meeting the second & fourth Tuesday of the month. (2/10 & 2/24).
4. Master Plan meeting to be held on 1/13/04 from 4:00 P.M. - 6:00 P.M.
VII. BUSINESS
A. Creation of Task Force - Study of nitrogen issues.
Chairman Chamberlain stated this was a result of the summit meeting. She stated she has recently found that the Planning Board is working w/ the Board of Health on these issues so she doesn’t know if the BOS wants to join in w/ them or create something new.
The BOS concurred to have the Planning Board & Board of Health do their research & then obtain their findings from Mr. Gricus & Mr. Ethier.
B. Discussion on Sunday openings for non-pouring liquor licenses.
Chairman Chamberlain discussed notice from the ABCC re: Sunday liquor sales (Attached as reference). She stated fees for seven-day licenses & hours of operation need to be discussed.
Present before the BOS: Lisa Anderson, Browne’s Package Store
Ms. Anderson stated which towns have already stated they will open on Sundays. She stated if these towns will be open on Sundays, the Town of Wareham should also. Selectman Tropeano agreed, although he feels a seven-day license & a six-day license should still be offered in case an establishment chooses another day to be closed.
Selectman Savaugeau expressed concern re: administrative problems that may be incurred by Town staff for a Sunday opening. Brief discussion ensued. Brief discussion ensued re: this may be an added burden to the Police Dept.
Present before the BOS: Mark Pepin, Pepin’s Package Store
Mr. Pepin feels the hours of operation on Sundays should be limited so competitiveness is fair. He stated he would rather not be open on Sundays. Discussion ensued.
Discussion ensued re: fees. Chairman Chamberlain stated at present, a six day year round package goods store all alcoholic beverages license is $1,750. She asked the BOS to consider a different fee for a seven-day license. Selectman Savaugeau stated the seven-day fee would be $2,042 if pro-rated over seven days. Lengthy discussion ensued re: establishing a fee for a seven-day license.
MOTION: Selectman Tropeano moved to continue to offer a six day year round package goods store all alcoholic beverages license & create a seven-day year round package goods store all alcoholic beverages license w/ the hours to be between the hours 12:00 noon -11:00 P.M. on Sundays. Selectman Fernandes-Abbott seconded.
VOTE: (3-2-0)
Selectmen Pillsbury & Selectman Savaugeau opposed
MOTION: Selectman Tropeano moved the BOS establish a seven-day year round package goods store all alcoholic beverages license fee of $1,900.
NOTE: The motion died due to lack of a second.
MOTION: Selectman Fernandes-Abbott moved the BOS establish a seven day year round package goods store all alcoholic beverages license fee of $2,050. Selectman Savaugeau seconded.
VOTE: (4-1-0)
Selectman Tropeano opposed
Chairman Chamberlain discussed the process from here if an establishment wishes to apply for a seven-day license.
C. Any other business.
(NONE)
D. Fairways at Bay Pointe Country Club.
(DEFERRED)
VIII. SELECTMEN’S REPORTS (NONE)
IX. ADJOURNMENT
MOTION: Selectman Savaugeau moved at 8:40 pm to enter into Executive Session for the purpose of discussing litigation. Selectman Tropeano seconded.
POLLED VOTE: Selectman Fernandes-Abbott - Yes
Selectman Pillsbury - Yes
Selectman Tropeano - Yes
Selectman Chamberlain - Yes
Selectman Savaugeau - 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 August 3, 2004.
Attest: Patrick G. Tropeano
Patrick Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: August 3, 2004.
Date copy sent to Wareham Free Library: August 4, 2004
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