MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: September 7, 2004
Date of Transcription: September 8, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:00 P.M.
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Bruce Sauvageau, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Cindy Chamberlain
Present: Michael Hartman, Town Administrator
NOTE: The meeting proceeded w/item IV. Citizens Participation.
Present before the Board: Susan Lauerman, A.D. Makepeace Co.
Kim Houdlette, A.D. Makepeace Co.
Ms. Lauerman stated the Makepeace Company would be hosting a harvest celebration on 10/9/04 from 10:00 A.M. to 4:00 P.M. (rain date 10/10/04) at their Tihonet Road headquarters.
Ms. Lauerman stated that they would be introducing a farmers market at the celebration as well as tours. They are looking for vendors to participate in the farmers market w/ a country fair theme. She stated there is an application process & limited space available. Anyone interested should call 291-4316.
Ms. Lauerman stated there would be family activities & she invited the community to participate. She added that parking would be available.
NOTE: The meeting proceeded w/ item V. Consent Agenda.
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Sauvageau moved for the Board to approve & authorize the Chair to sign payment estimate #6 from Delray Contracting, Inc. in the amount of $265,654.93 re: the Wareham WPCF pump station improvements Phase I. Selectman Chamberlain seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80181223/23 from Camp, Dresser & McKee for $18,969.27 re: construction & O&M services for the Wareham WPCF upgrade resident project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80181225/38 from Camp, Dresser & McKee in the amount of $12,901.17 re: construction & O&M services for the
Wareham WPCF upgrade project basic services portion of bidding. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80182107/8 from Camp, Dresser & McKee in the amount of $67,953.12 re: professional engineering services for the design of gravity sewer, pumping stations, force mains, & pressure sewers for Rose Point, Briarwood Beach, & Beaver Dam Estates areas. Selectman Chamberlain seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board approve & authorize the Chair to sign invoice application #22 from Methuen Construction Co., Inc. in the amount of $662,530.02 re: the Wareham WPCF upgrade. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C2. Approve minutes from previous meetings: 7/20/04 - Regular Session.
MOTION: Selectman Sauvageau moved the Board approve the Regular Session meeting minutes of 7/20/04. Selectman Chamberlain seconded.
VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained
C3. Appointments: Conservation Commission; Election/Poll Workers; Wareham Historic District Commission; Marine Resources Commission; & Tremont Nail Master Plan Committee.
MOTION: Selectman Sauvageau moved the Board appoint the following individuals as election/poll workers to terms to expire 6/30/05: Diane Lazarus, Patricia Harju-Zimmer, Marie Cooney, Katherine Kawa, Hannah Gregoire (Precinct 5), Robert Joy (Precinct 6), & Kim M. McNair (Precinct 5). Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint Jane Duff Gleason AIA as a member of the Wareham Historic District Commission to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint Richard E. Valatkevicz, Sr. as an associate member to the Marine Resources Commission to a term to expire 6/30/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint Louis C. Caron, Jr. as a member to the Conservation Commission to a term to expire 6/30/07. Selectman Chamberlain seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint Susan Pizzolato as a member to the Tremont Nail Master Plan Committee representing the Wareham Historical Commission to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: (3-0-2)
Selectmen Pillsbury & Chamberlain abstained
NOTE: The meeting proceeded w/ item VII. Licenses & Permits - A. Hearing - Application for Earth Removal Permit by Highland, Inc., 71 Adams Street, Braintree, MA in accordance w/ Division IV, Article II, Earth Removal Regulations of the Town of Wareham General By-laws.
Present before the Board: John L. Churchill, Jr., JC Engineering, Inc.
MOTION: Selectman Sauvageau moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Mr. Churchill submitted the green return receipts.
Mr. Churchill described the project, which entails removal of existing gravel off a property on Glen Charlie Rd. He stated the company is applying for a three-year permit. He stated the company plans to take approx. 375,000 yards of earth from the property, which is currently in process, & there is an enforcement order in place.
Selectman Fernandes-Abbott asked re: hours of operation. Mr. Churchill stated that the project would operate six days p/week w/ approx. 14 trips p/day on the 20-acre site. He stated the site would be covered to fix the existing hole & thus, bring the current operation into conformance.
Chairman Tropeano discussed costs to be borne by Highland, Inc.
Selectman Chamberlain asked for clarification of hours of operation. Mr. Churchill stated the operation would run from 7:00 A.M. to 4:00 P.M. Selectman Chamberlain asked the Administrator if the Town has control over the terms of the operation, for example, operation times, trips p/day, etc. Administrator stated the Town could dictate the terms.
Selectman Sauvageau asked if it was ever disclosed what the final intent of this site would be. Mr. Churchill stated there are no definitive plans at this time, but in the past, a casino has been discussed. He stated if no other alternatives arise, the property owner would continue his gravel/concrete business there. He added that this site is zoned R-130 which would allow for a residential development in the future.
Brief discussion ensued re: bond requirements.
Chairman Tropeano asked if there was anyone present to speak for or against this application.
Present before the Board: Ramone Lynch
Jason Lynch
Ms. Lynch asked if the abutters could find out where the earth is being removed. Mr. Churchill provided a map for Ms. Lynch to review & he stated that this operation has been on-going from this site for approx. 40 years & that some earth will be moved northward.
Mr. Lynch expressed concern relative to encroachment onto his property & what effect this application will have on the his water betterment from the Water Dept. Brief discussion ensued re: water betterments.
Ms. Lynch stated that the trucks cross over her property to get to the excavation site. Mr. Churchill stated there is a roadway that has been utilized for 40 years to get to the excavation site due to the cut off of access to the site when the highway was built. He stated he would contact his client relative to contacting Ms. Lynch. He added that there might be a descriptive right w/ re: to this roadway. Selectman Sauvageau stated Mr. Churchill could not assume there was a descriptive right & his client should contact Ms. Lynch right away. Discussion ensued re: descriptive right & need for proof of this.
Selectman Fernandes-Abbott inquired if the Tax Collector’s office has signed off on this application.
Present before the Board: Dan Doherty
Mr. Doherty asked if this hearing would be kept opened or closed to further discussion. Chairman Tropeano stated this hearing would be kept open.
MOTION: Selectman Sauvageau moved the Board continue the hearing until such a time as the Chair designates. Selectman Chamberlain seconded.
VOTE: Unanimous (5-0-0)
B. Hearing - Re-opened from 8/17/04 - Application for a Class II License by Damata Brothers Auto Sales, Inc., 2234 Cranberry Highway, West Wareham, MA, under the provisions of Chapter 140 of the MGL.
Present before the Board: Dennis Damata
Stephen Damata
MOTION: Selectman Fernandes-Abbott moved to re-open the hearing. Selectman Chamberlain seconded.
VOTE: Unanimous (5-0-0)
Mr. Damata stated he wants to open a car dealership on a property that held a used car lot in the past. He stated the owner of the property, Mr. Doherty, has upgraded the property & he supplied pictures of the restored site for the Board's review.
Selectman Fernandes-Abbott stated the Planning Board questioned why this upgrade to the property did not trigger a site plan review.
Administrator stated that any property not in use for less than two years & there has been no expansion of the property and therefore, would not trigger a site plan review. He discussed how the Town By-law reads. Brief discussion ensued.
Selectman Sauvageau expressed concern re: the Board had stated that their intention was to limit & reduce the number of Class II licenses to 15 or below. He is unsure where there is an available license. Chairman Tropeano stated there are two available licenses; one is from Lee Kelly of Main St. Autos & the second is from the Laprade property. Selectman Sauvageau stated he understood that the Laprade property license was a quit pro quo & Mr. Kelly’s license was turned in. He stated he understood this would limit the amount of Class II licenses & the Board would not be giving any more of these licenses out for use.
Chairman Tropeano stated he understands the concerns of Selectman Sauvageau, but this property in question was used prior as a car lot & the license for this business was retired after the license holder died. He feels he may not have been informed enough to make such a decision on that license at the time. He added that the applicant meets all the criteria for this license.
Selectman Sauvageau feels that the two available licenses should have been taken back to reduce the number of these licenses which had been discussed prior by the Board. He feels granting this license will create an exception to the intended policy the Board was trying to enforce.
Selectman Fernandes-Abbott stated the Board should consider if all areas of the Town are being served by these licenses. She stated most of these types of businesses are located on Cranberry Highway/Rte. 6. She stated there are only two in West Wareham. She feels the Board should ask themselves if this business would effectively serve this area.
Selectman Chamberlain expressed concern that if there is a revised policy relative to Class II licenses. She expressed confusion as to why applications are accepted for these licenses. Administrator stated as long as there are licenses available, the Town must accept applications. He stated the available licenses would have to be cancelled otherwise applications have to be accepted, but the Board has not done so.
Selectman Pillsbury stated the Board should have cancelled these two licenses. She described the confusion re: if the Board did the right thing w/ the license that was turned-in for the former license holder at this property. She agreed w/ Selectman Fernandes-Abbott that the Board needs to look at areas & if they are being served. She stated ultimately, the Board left the door open on this matter. She suggested moving forward w/ this application. She feels the plan submitted by the applicant is the nicest she has seen & all the requirements are met.
Chairman Tropeano asked if there was anyone present to speak for or against the application.
Present before the Board: Dan Doherty
Mr. Doherty stated he owns this property w/ his wife. He hopes to make this property his retirement. He spoke highly of Mr. Dennis Damata & urged the Board to grant this license.
MOTION: Selectman Fernandes-Abbott moved to close the hearing. Selectman Chamberlain seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve the application for a Class II License by Damata Brothers Auto Sales, Inc., 2234 Cranberry Highway, West Wareham, MA, under the provisions of Chapter 140 of the MGL. Selectman Fernandes-Abbott seconded.
VOTE: (3-2-0)
Selectmen Sauvageau & Chamberlain opposed
II. CAMP, DRESSER & MCKEE UPDATE
Present before the Board: Gerald Furrier, CDM
Mark Gifford, Municipal Maintenance Director
Mr. Furrier updated the Board on the following:
WPCF Project:
- Testing being conducted.
- Progress of contractor being determined. At present, behind schedule on key
issues, for example, electrical matters.
- Full project completion was set for 2/15/05.
Mr. Furrier stated CDM feels there are many matters to address before this completion date & most likely, this deadline will not be met. At the end of 9/04, there will be more knowledge as to what the impact will be.
Chairman Tropeano expressed concern re: the drawdown of money these delays may have. Mr. Furrier stated the Town is only paying for what is certified to be paid for & added that there is a 5% retain age. He stated the issue is more on the contractor’s end relative to motivation to finish. He discussed the cold winter last year that has added to the delays, but he feels the contractor should have compensated for this.
Mr. Gifford stated the last progress report he received stated the completion was higher than what has been paid & it was indicated to him that the contractor was on schedule. He stated he made it clear that an extension of time is not desirable. He described speaking to the electrical foreman & indicated that they are moving forward.
Mr. Furrier stated that pay out & funding contingencies are in line at this point. He discussed CDM staffing for the upcoming months relative to this project.
Brief discussion ensued re: when the project likely will be complete. Mr. Furrier stated he would have a better idea by the end of 9/04.
Brief discussion ensued re: when to hold a WPCF Building Committee meeting. Those present concurred to hold a meeting on 9/15/04. Discussion ensued re: when to meet w/ Mr. Furrier again.
II Plan Service & Draft Proposal:
- Submitted letter describing the four-phase plan.
- Need to set up meeting for review.
Weweantic Sewer Project: - 40% complete.
- Discussed where work will commence from this point.
Rose Point, Briarwood Beach, & Beaver Dam Estates Sewer Project:
- Working on plan.
- Waiting for Conservation Commission permit.
- Public forum held re: project.
Chairman Tropeano expressed concern re: issues of paving that have come up in dealing w/ the Water Dept. He is concerned w/ the protection of pipes in roads in the winter. Mr. Furrier stated this matter has been discussed as well as concerns re: manholes if they are not paved over although the manholes can be encompassed to protect them. He agreed that there are issues.
Lengthy discussion ensued re: concerns over pipes & paving.
Mr. Gifford stated the biggest expense would be drainage at Rose Point w/ re: to roadway reconstruction after the sewer is laid. Administrator stated that there was an appropriation made at Town Meeting for drainage costs, but it may not be enough. He stated another appropriation might be requested at Town Meeting.
- Submitted application to DEP for SRF funds.
III. HOUSING PARTNERSHIP PRESENTATION
Present before the Board: Marilyn Whalley
Susan Pizzolato
Donald Hall
Ms. Whalley stated the idea of a housing partnership has come out of the Housing Plan previously presented. She stated this is one way recommended to assess affordable housing development.
Ms. Whalley discussed the following relative to what a Housing Partnership would do:
1. Prioritize action plan.
2. Explore Town-owned land for affordable housing.
3. Establish criteria for preferable housing.
4. Establish trust fund for low-income.
5. Identify local & State housing resources for assistance.
6. Incorporate public awareness of the importance of affordable housing.
7. Housing Partnership would be an advisory group to the Board.
8. Housing Partnership would be made up of community members.
Ms. Whalley discussed looking at a Housing Partnership model from the Town of Tewksbury & the make-up of partnership membership. She stated if the BOARD wishes to pursue a partnership, there is a need to get a group together & come back before the BOARD at a later date.
Lengthy discussed ensued re: organizing a partnership, its benefits, objectives, & make up.
Ms. Whalley discussed the following funding sources to create such a partnership:
1. Dept. of Community Development can support administration.
2. CPA funds.
3. Partnership trust.
Lengthy discussion ensued & motions were formulated for the make up of membership.
MOTION: Selectman Chamberlain moved the Board form a Housing Partnership to be an advisory group to the Board for three year staggered terms & to be made up of the following nine members: 1 member Planning Board, 1 member of the business community, 1 member from social service, 2 members of the Zoning Board, 2 members of the Board, 1 member of the EDIC successor, & 1 member of the Housing Authority. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
IV. CITIZENS PARTICIPATION
(DONE)
V. CONSENT AGENDA
(DONE)
VI. TOWN ADMINISTRATOR’S REPORT
1. Sewer User Rate Increase FY2005. Administrator requested the Board increase the sewer user rates for FY2005. It is proposed that the current rate of $272/EDU/year be increased by $50/year to $322/EDU/year. It must be noted that the proposed EDU of $322 per year is less than the rate that was forecasted in the Comprehensive Wastewater Plan that was adopted in 12/01. At that time, a rate of $340 per year was predicted for FY2005.
MOTION: Selectman Sauvageau moved the Board to increase the sewer user rate for FY2005 to $322/EDU/year. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
2. Sewer Extension Permit - Tobey Road. The Board is asked to approve a sewer tie-in request for Al Scott, SAV Associates, 44 Tobey Road, Map 87, Lot 1000-A. The plan has been reviewed by David Simmons, WPCF Superintendent/Chief Plan Operator. If the Board approves this request, it is recommended that the conditions listed on the report be made part of that approval.
MOTION: Selectman Sauvageau moved & Selectman Fernandes-Abbott seconded for the Board to approve a collection system tie-in request from Al Scott, SAV Associates, 44 Tobey Road, Assessors Map 87, Lot 1000-A, subject to the following conditions:
* The WPCF Dept shall inspect prior backfilling, all cleanouts, pipe, & connections. An as-built drawing shall be provided by the engineer/contractor.
* All cuts w/in existing paved roadways shall be inspected & approved by the Director of Municipal Maintenance.
* Payment is made of all appropriate fees, including the Commercial Sewer Permit Fee, the Design Review & Construction Inspection fee, & the Sewer Connection Fee.
NOTE: Brief discussion ensued re: if this application is from the applicant of the contractor.
VOTE: Unanimous (5-0-0)
3. License Fees. A review of the fees charged by the Board for various licenses was recently conducted. A survey of area towns was conducted to determine how Wareham’s fees compare for the same services. In the case of the common victualer all alcoholic & retail package all alcoholic, these license fees should be the same, which means the latter has a larger percentage increase to accommodate this.
As a result of this review, the Administrator proposes that the Board increase the fees for the following five services effective 1/1/05:
Type of License/Fee Current Proposed
YR common victualer all alcoholic $ 1,900 $ 2,100
Seasonal common victual wines & malt $ 950 $ 1,000
Seasonal club all alcoholic $ 900 $ 1,200
YR retail package all alcoholic $ 1,750 $ 2,100
Earth removal $ 25 $ 125
Discussion ensued re: the earth removal fee vs. time & work force administration. Chairman Tropeano feels there should be a fee commensurate w/ what the work staff goes through. The Board members concurred to remove this fee from the recommendation for further review. Discussion ensued re: six-day liquor license vs. seven-day liquor license fees.
MOTION: Selectman Sauvageau moved the Board increase the fees for the services noted effective 1/1/05 w/ the exception of the earth removal fee. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
4. Bid Award - Bituminous Concrete & Miscellaneous Paving. Bids were received & opened 8/26/04 for bituminous concrete & miscellaneous paving. At the recommendations of Mark Gifford, Director of Municipal Maintenance & Maggie Smith, Purchasing Administrator, the bid has been awarded to the lower bidder, T.L. Edwards.
5. Bryant Farm Property. Town Meeting approved the Town’s purchase of the Bryant Farm property through the Community Preservation Act. Town Counsel has worked out the details & the Assignment of Purchase & Sale Agreement will be available for the Board to sign.
The purchase price is $600,000 w/ $71,000 being given as a gift from the Buzzards Bay Coalition. Administrator added that he has received a conservation restriction on the property. Discussion ensued.
NOTE: Selectman Fernandes-Abbott asked if the Town has an emergency evacuation plan & inquired about setting up review group. Administrator stated the Town does have such a plan, but there is no money to conduct on-going exercises. He stated this plan has been in place for many years.
Selectman Fernandes-Abbott stated there is a need to know how this plan will be implemented. Administrator stated he is looking into what funds are available to, for example, conducting drills, printing of the plan, etc. He stated the plan is on file in the Board office. Selectman Fernandes-Abbott feels the plan should be available on-line & easily accessible for all.
VII. LICENSES & PERMITS
(DONE)
VIII. ANNOUNCEMENTS
A. Fall Town Meeting Warrant - Petition article submission deadline is 9/7/04. (9/6/04 is the Labor Day holiday).
B. If anyone should require a C.A.R.T. reporter or a large print Warrant, please contact the Board office to make a request.
IX. BUSINESS
A. Class II Licenses.
Brief discussion ensued re: canceling the Class II License formally held by Lee Kelly of Main Street Auto Sales.
MOTION: Selectman Chamberlain moved the Board cancel the Class II License formally held by Lee Kelly of Main Street Auto Sales. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
B. Tremont Nail Master Plan Committee.
Selectman Chamberlain spoke re: memo from Barbara Ford, Board Administrative Asst. re: the need to include a representative from the Historic District Commission on this committee.
MOTION: Selectman Chamberlain moved the Board clarify the motion of 6/25/04 to include a member of the Historic District Commission on the Tremont Nail Master Plan Committee and the town administrator as ex officio (non-voting) and various town staff on an as-needed basis. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
X. SELECTMEN’S REPORTS
1. Selectman Chamberlain - Attended Cape MPO meeting & informed the meeting that Wareham is still interested in the rail & the Town of Bourne supported the Town at the meeting. She stated the MPO has $50,000 for a rail feasibility study.
Selectman Chamberlain stated she attended the SRPEDD MPO meeting to make a plea on behalf of the Town with our interests.
Selectman Chamberlain stated Doug Cameron of the Dept of Fish & Game met w/ various parties re: public access behind the Tremont Nail Company. Mr. Cameron will draw up a plan for the launch, which will include a parking area for canoeing & kayaking. Mr. Cameron will also go through the application process.
XI. ADJOURNMENT
MOTION: Selectman Sauvageau moved to adjourn the meeting at 9:20 P.M. Selectman Chamberlain seconded.
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 review on October 26, 2004.
Attest: Bruce Sauvageau
Bruce Sauvageau, Clerk
BOARD OF SELECTMEN
Date signed: October 26 2004
Date copy sent to Wareham Free Library: October 27, 2004
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