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Selectmen's Meeting Minutes 09/14/04
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting:  September 14, 2004
Date of Transcription:  September 15, 2004
Transcribed by:  Kelly Barrasso

I.              CALL MEETING TO ORDER BY CHAIRMAN

Chairman Tropeano called the meeting to order at 7:04 P.M.

A.  Roll Call

Selectmen Present:      Patrick G. Tropeano, Chairman
                        Bruce Sauvageau, Clerk
                        Renee Fernandes-Abbott
                        Cindy Chamberlain

Selectman absent:       Mary Jane Pillsbury

Present:                Michael Hartman, Town Administrator

II.             CITIZENS PARTICIPATION
                (NONE)

III.            CONSENT AGENDA

C1.  Authorization to sign bills, documents, etc.

MOTION: Selectman Sauvageau moved the Board approve invoice #8013242/7 from Camp, Dresser & McKee for $6,813.17 re:  bidding, permitting, & construction services for the Weweantic Shores Sewer Project.  Selectman Fernandes-Abbott seconded.
VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board approve invoice #80183241/6 from Camp, Dresser & McKee for $15,477.15 re:  bidding, permitting, & construction services for the Weweantic Shores Sewer Project.  Selectman Chamberlain seconded.
VOTE:  Unanimous (4-0-0)

C2.  Approve minutes of previous meetings:  8/3/04 - Regular Session & 8/25/04 - Executive Session.

MOTION: Selectman Sauvageau moved the Board approve the Regular Session meeting minutes of 8/3/04.  Selectman Fernandes-Abbott seconded.
VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board approve the Executive Session meeting minutes of  8/25/04.  Selectman Fernandes-Abbott seconded.
VOTE:  Unanimous (4-0-0)
IV.             TOWN ADMINISTRATOR’S REPORT

1.  Bryant Farm Purchase.  The Purchase & Sale Assignment materials were supplied last week to the Board.  This is an assignment & an assumption.  Brief discussion ensued.  The deed will be in the Town’s name & a conservation restriction will be in the Town’s name as well.  

Administrator distributed a map to the Board members re:  the conservation restriction.

MOTION: Selectman Sauvageau moved the Board approve the Purchase & Sale Assignment for the Bryant Farm property.  Selectman Chamberlain seconded.
VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board to grant a Conservation Restriction for the Bryant Farm property, Map 44, Lots 1002, 1005, & 1006B.  Selectman Fernandes-Abbott seconded.
VOTE:  Unanimous (4-0-0)

2.  Land Management Agreement - Wankinco River.  A Land Management Agreement has been received from the Public Access Board of the Commonwealth’s Dept. of Fish & Game.  It relates to the proposed canoe access behind the Tremont Nail Factory.  If approved, this will also require certification by the Town Clerk.

MOTION: Selectman Sauvageau moved the Board approve the Land Management Agreement from the Commonwealth of MA Dept. of Fish & Game Public Access Board, for the proposed canoe access site along the Wankinco River off Elm St.  Selectman Chamberlain seconded.
VOTE:  Unanimous (4-0-0)

V.              LICENSES & PERMITS

A.  Application of Richard S. Fuci, Jr. & Denise E. Nightingale d/b/a The Meadowbrook, 2605 Cranberry Highway, Wareham, MA for a common victualler license.

Present before the Board:       Richard Fucci
                                Denise Nightingale

Mr. Fucci stated that they will be serving breakfast & lunch & if all goes well, dinner in the future.  He stated that the establishment is the former Prada’s Restaurant.  He discussed the hours of operation to be 5:30 A.M. to 4:00 P.M.

MOTION: Selectman Sauvageau moved the Board approve the application of Richard S. Fucci, Jr. & Denise E. Nightingale d/b/a The Meadowbrook, 2605 Cranberry Highway, Wareham, MA for a common victualler license.  Selectman Fernandes-Abbott seconded.
VOTE:  Unanimous (4-0-0)

VI.             ANNOUNCEMENTS
                (NONE)

VII.            BUSINESS
A.  Discuss Fall Town Meeting Warrant Articles.

The Board members reviewed the draft Warrant.  Discussion ensued re:  articles included & two articles to be added.

1.  Petition Article.

Discussion ensued re:  including the petition article on the Warrant relative to a Patriot Act Resolution.

B.  Close Warrant.

MOTION: Selectman Sauvageau moved to close the 10/25/04 Town Meeting Warrant as designated w/ the addition of two articles.  Selectman Fernandes-Abbott seconded.
VOTE:  Unanimous (4-0-0)

C.  Any other business.

1.  Tomato & Basil.

Selectman Chamberlain questioned if a show-cause hearing would be held re:  Tomato & Basil’s license.  Brief discussion ensued.  Administrator stated he received a phone call stating that they are locked out of the building.  He added that this matter would be handled later.

2.  Rochester stone project.

Selectman Chamberlain discussed the stone project in Rochester.  She stated that the LaRusso Co., through lawsuits filed w/ a denial of the original operation, have boxed out the Soil Conservation Committee & the Planning Board of the Town of Rochester.  A judge has now set the conditions even though Rochester citizens keep winning their case.  She stated if a hearing is held the conditions are already set.  She stated they would not be using County Rd.

Selectman Sauvageau expressed concern re:  use of Town roads.  Selectman Chamberlain stated that the concern was if they were to use County Rd., but they will not be able to.  She stated they would have to find another way (through cranberry bogs) to Rte. 28.

Selectman Chamberlain expressed concern re:  trucks utilizing Town roads & its impact to the Town as well as Rochester.

Selectman Sauvageau suggested conveying a letter from Town Counsel addressed to the appropriate parties involved relative to the Town’s concerns.  Selectman Chamberlain stated she wants the Town’s safety depts.  To know what is going on & that if trucks are utilizing County Rd., this is not part of the agreement.

Administrator stated that a letter was written.  He stated if a permit is granted, the Town is asking that the permit allow access & egress only to Rte. 28  & to ask what authority the Town has relative to the permit.  He stated that someone from the Town would be at the hearing to represent the Town.


VIII.           SELECTMEN’S REPORTS
                (NONE)

IX.             ADJOURNMENT

MOTION: Selectman Sauvageau moved at 7:26 P.M. to enter into Executive Session for the purpose of discussing strategy relative to collective bargaining & strategy relative to litigation.  Selectman Fernandes-Abbott seconded.

POLLED VOTE:    Selectman Chamberlain - Yes
                        Selectman Fernandes-Abbott - Yes
                        Selectman Tropeano - Yes
                        Selectman Sauvageau - 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 September 28, 2004.


Attest:  Bruce Sauvageau
        Bruce Sauvageau, Clerk
        BOARD OF SELECTMEN

Date signed:  9/28/04
Date copy sent to Wareham Free Library:  9/29/04.