MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: November 2, 2004
Date of Transcription: November 3, 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 Parola
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
III. WAREHAM COMMUNITY SERVICES COLLABORATIVE
Present before the Board: Susan Pizzolato
Marilyn Whalley
Nancy Bonell
Reverend Dave Fredrickson
Ms. Pizzolato stated the Wareham Community Services Collaborative (WCSC) is working to improve the quality of life for people in the community. She stated the WCSC is looking to help those in the community deal w/ extreme weather conditions this winter as experience last winter, for example, faulty oil systems & homeless people.
Reverend Frederickson discussed how several churches were contacted last winter to take in the homeless or citizens who were compromised by the weather. He feels this issue needs to be addressed & a procedure put in place so people in need can get help.
Ms. Pizzolato stated that the YMCA has shown in interest in partnering w/ the town in this venture. She stated there is a need for a procedure/policy & clarification in dealing w/ these issues. She stated communication is needed between several entities. She stated the WCSC is not sure what the Town has in place for these types of emergencies. The
Administrator discussed what the Town has available for summer heat relief & hurricane relief. He stated w/ re: to heat relief, the Multi-Service Center is opened until 9:00 P.M. He stated relative to hurricane relief, the Town is reimbursed by FEMA. He stated the Town doesn’t have funding to keep the Multi-Service Center open for 24 hours.
Selectman Parola discussed ways the Town may be able to help w/ communications, but stated the Town doesn’t have resources to go beyond this.
Ms. Bonell stated the YMCA is interested in collaborating w/ the Town. She envisions several locations being available on different days of the week so it isn’t the sole responsibility of the YMCA w/ re: to shelter.
Selectman Sauvageau feels there are logistical issues, for example, communication networking & there are transportation issues. He added that there might be financial as well as legal issues in utilizing public buildings for this sort of situation. He stated a list of questions to address the matter could be formulated. He feels the concept is excellent, but the details need to be worked out.
Ms. Whalley discussed how the Community Development office can help those in critical need that meet certain criteria, for example, fixing broken heaters, although before this is done, these people need some place to go. She feels there is a need for a formulated plan to follow.
Chairman Tropeano suggested the idea of utilizing portable heating units that could be used on short notice. Ms. Whalley feels this wouldn’t fall under housing rehab regulations.
Reverend Frederickson stated he envisions a program that deals w/ lack of heat emergencies & cold emergencies. Chairman Tropeano stated that the Multi-Service Center is always going to be heated, but the issue is staffing of the Center for a cold emergency.
Ms. Pizzolato suggested the WCSC develop a draft w/ guidelines & speak to the Police Dept. & Fire Dept. for example, to see what they may have to offer. Selectman Pillsbury stated she agrees w/ Selectman Sauvageau re: questions needing answers, but she feels this should be done before Town depts. Are approached. She feels a sub-committee should be formed first. Selectman Sauvageau feels this group should find what the scope of ideas are & put them together in a framework for a community wide service. Discussion ensued.
Ms. Pizzolato stated they will get working on a draft & she will contact the Red Cross on how other communities handle these situations.
Chairman Tropeano stated there is a need to find out the percentage of those who need these services & worse case scenarios.
NOTE: The meeting proceeded w/ item VI. Licenses & Permits – Hearing – Application of Tulua, Inc. d/b/a Franca’s Wood Fired Brick Oven Italian Restaurant, Susan LaFarge, Manager, 3136 Cranberry Highway, East Wareham, MA for an annual wine & malt beverages common victualer’s license, under the provisions of Chapter 138 of the MA General Laws for the year 2004.
MOTION: Selectman Parola moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Present before the Board: A representative for Tulua, Inc.
Chairman Tropeano stated he would like to table this hearing until December.
The representative stated that Tulua, Inc. had to evict Tomato & Basil from the property, Tomato & Basil are in bankruptcy, & Tomato & Basil cannot use their liquor license. He stated Tomato & Basil abandoned the property & Tulua, Inc. found the liquor license & turned it into the Town.
Chairman Tropeano stated that the Board could hold a show cause hearing for Tomato & Basil, but they are in bankruptcy & the court may hold this license as an asset. He feels the best way to handle this matter is to let the license expire in December & then in January the license can be issued again.
The representative stated that Tomato & Basil did not file for bankruptcy; the manager has filed personal bankruptcy. Discussion ensued re: bankruptcy matters. Selectman Sauvageau spoke of a letter dated 10/21/04 sent to Susan LaFarge, Manager of Tulua, Inc. that explained what the issues are w/ bankruptcy & a liquor license.
Selectman Parola stated the ABCC would not renew this license until it is officially expired to the Town on 1/1/05.
MOTION: Selectman Parola moved to continue the hearing until such a time that the Chair can arrange. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item VII. Announcements.
A. Committee vacancies exist on the following: Fence Viewer, Fields & Grounds Committee, Historic District Commission, Old Colony Elderly Services, Open Space Committee, & the new Economic Community Development Committees.
B. The next meeting of the Board will be on 11/15/04.
C. The Veterans Day Parade will be held in Marion on 11/11/04 commencing at 1:00 P.M.
IV. CDM UPDATE
Present before the Board: Gerald Furrier, CDM
Mr. Furrier updated the Board on the following:
WPCF Upgrade Project:
- Nearing later stages of project.
- Committee meeting held a few weeks ago.
- Monitoring progress of contractor for completion date.
- Concerns still exist re: meeting deadline.
- Contractor still maintains will meet deadline.
- Site grading, hydro-seeding, & binder pavement completed.
- Many items remain to be done, such as electrical & equipment testing.
- Deadline is 2/5/05.
- Next committee meeting to be held in two to three weeks.
Weweantic Shores Sewer Project:
- Most paperwork complete.
- Temporary pavement completed.
- Pump stations & electrical work being done.
- Route 6 force-main being worked on.
- Project went very well.
Selectman Parola discussed the importance of overlaying the temporary pavement in the spring.
Beaver Dam Estates, Briarwood Beach, & Rose Point Sewer Projects:
- Design of projects being worked on.
- Need direction of Board on how to proceed.
- Drainage issue at Rose Point & part of Briarwood still pending.
- Plans substantially complete.
- Spoke w/ the Conservation Commission re: hearing scheduling.
I/I Plan:
- Planning on late winter mobilization.
- Preliminary location for gauges established.
Chairman Tropeano stated that a letter should be sent to the Weweantic Shores residents re: the system coming on-line & the issue of existing septic systems. Mr. Furrier stated the matter of existing septic systems should be discussed. Chairman Tropeano stated the residents should be informed what to do about the abandoned pipes.
Discussion ensued re: sump pumps, utilizing abandoned septic systems, & if utilizing the septic is acceptable in the DEP’s view.
NOTE: The meeting proceeded w/ item VIII. Business – A. Interview applicants for the new Community & Economic Development Committee & Zoning Board of Appeals.
The following were interviewed for the Community & Economic Development Committee.
Present before the Board: James Makrys
The Board reviewed this application.
Mr. Makrys stated he has served on Town boards for 50 years & he would like to continue to take part in this committee. He discussed what goal(s) he would like this committee to meet. He discussed land in Town that could be developed that the old EDIC had dealt with.
Present before the Board: Sandra Besse
The Board reviewed this application.
Ms. Besse stated she would like to serve on this committee because she is impressed w/ the route the Town is going & she has concerns re: how this route will be met for the benefit of the Town. She wants to make sure the goals of the Town go in the right direction. She feels this committee
will assist the Town in moving forward positively. She discussed what goals the committee should have.
Present before the Board: James Clemmey
The Board reviewed the application.
Mr. Clemmey feels the goal of the committee should be economic growth. He feels economic growth of the Town is prime & there are problems that need to be resolved due to the Town being such a high target area. He feels that developers need to be worked with & affordable housing needs to be addressed. He discussed the needs of the Town, for example, conference center & another industrial park.
Mr. Clemmey stated he served on the old EDIC & the EDIC ran out of industrial land to work w/ so he feels the Town needs to acquire more industrial land.
Present before the Board: Mary Louise Payton
The Board reviewed the application.
Ms. Payton stated serving on this committee would be a new opportunity for her. She spoke of her interest in the village concept, industrial movements, & dealing w/ infrastructure issues the Town will be facing. She would like to be a part of this process. She feels the function of an EDIC is to oversee what future economic development will occur in Town; for example, she sees tourism as economic development.
Present before the Board: Meg Kistin
The Board reviewed this application.
Ms. Kistin feels she would be an asset to this committee because she would be giving back to the community, is enthusiastic, would bring a perspective of a newcomer to Town, synthesize new information, & steer a course w/ economic & community development. She stated she brings the perspective of a business owner & roots from a not-for profit world. She discussed her beliefs of what the goals of the committee should be.
Present before the Board: Paul Willard
The Board reviewed this application.
Mr. Willard feels the function & goals of the committee should be to deal w/ what the Town is facing in terms of development & housing. He stated these two items need to balance each other & a plan is needed which he can help develop. He feels a balance is needed & the Town should embrace growth & development.
Selectman Pillsbury discussed the three separate committee entities.
The following were interviewed for the Zoning Board of Appeals.
Present before the Board: Richard Secher
The Board reviewed this application.
Mr. Secher discussed his past experience. He expressed his opinion on Chapter 40B & stated that he has no problem w/ low-income housing, but he does not like having it rammed down his throat.
Mr. Secher feels there should be a ZBA because there may be some who try to bend the rules & there is a need for a board of this kind to regulate.
Present before the Board: Deborah Jean Rose
The Board reviewed this application.
Ms. Rose stated she is interested in serving on the ZBA because she is concerned about protecting land in Town.
Ms. Rose discussed her background in reading regulations & computer knowledge.
Ms. Rose read her definition of what the ZBA’s function is. She feels a ZBA needs to be unbiased.
V. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc. (NONE)
C2. Appointments to the Recreation Committee & Housing Partnership Advisory Committee.
MOTION: Selectman Sauvageau moved the Board appoint Laurie Lapworth as a member to the Recreation Commission to a term to expire 6/30/07. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint Anthony Scarsciotti as a member to the Housing Partnership Advisory Committee (Planning Board representative) to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint Mary Scarsciotti as a member to the Housing Partnership Advisory Committee (Zoning Board of Appeals representative) to a term to expire 6/30/07. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Sauvageau moved the Board appoint John P. Cronan as a member to the Housing Partnership Advisory Committee (Zoning Board of Appeals representative) to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VI. TOWN ADMINISTRATOR’S REPORT
A. WPCF Upgrade Project – Change Order #11. The Board is asked to approve Change Order #11 for the WPCF Upgrade project.
The amount of the change order, $49,056.33, is derived from the following: Foam Control (PCO #44): $46,838.00; Pipe Support @ Headworks Building (PCO #84): $1,665.09; & Administration Building-Prefab Entry Ramp (PCO #94): $553.24. PCO #44 has been discussed & approved by the Design Committee.
Discussion ensued re: this change order.
MOTION: Selectman Sauvageau moved for the Board to approve Change Order #11 for the Water Pollution Control Facility Upgrade Project #M02-03 in the amount of $49,056.33. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
B. Sewer Connection Request – 1 Hidden Cove Lane, Map 46, Parcel 1-11. The Board is asked to approve a sewer tie-in request for 1 Hidden Cove Lane (formerly Driftwood Lane, name changed 2/23/04) to the Franconia Avenue collection system. The plan has been reviewed by David Simmons, WPCF Superintendent/Chief Plant 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 Parola seconded that the Board approve a collection system tie-in request for one Hidden Cove Lane, Map 46, Parcel 1-11 to the Franconia Avenue collection system, subject to the following conditions:
· Before backfilling, the WPCF Dept shall inspect 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.
· The homeowner is responsible for the operation, maintenance & repairs of the pumping system.
· Payment is made of all appropriate fees, including the Residential Sewer Permit Fee, the Sewer System Development Charge, and any fees that may be appropriate.
VOTE: Unanimous (5-0-0)
C. Bourne Septage Rates. The Bourne Sewer Commissioners have asked that we raise the septic disposal rate for Bourne property owners from $80 to $90 per
1,000 gallons, effective immediately. Further, they would like us to apply this $10 surcharge as a credit against their operating assessment for the WPCF upgrade project. They have just over 900 homeowners connected to the sewer & would like to spread the cost of the upgrade more evenly to their users of the plan.
MOTION: Selectman Sauvageau moved for the Board to assess Bourne property owners a $10.00 surcharge for septic disposal at the Wareham WPCF and that the additional $10.00 per 1,000 gallons be applied as a credit against Bourne’s assessment of the WPCF upgrade & said surcharge to become effective 12/1/04. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
D. Sewer Abatement Request – 16 Glenda Avenue – Acct. #791511. The Board is asked to approve abatement on this account for the 2nd half FY04 & 1st half FY05 sewer usage billing due to a clerical error. The bill was generated prior to the water being connected to the property. If granted, a 1st half omitted FY05 bill for April through July 2004 will then be issued.
MOTION: Selectman Sauvageau moved the Board to approve abatement for Account #791511 for 2nd half FY04 & 1st half FY05 sewer usage in the amounts of $136.00 & $161.00 respectively, for a total abatement of $297.00. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
E. Sewer Abatement Request – 5 Pilgrim Avenue, Acct. #739668. The Board is asked to approve abatement on this account for FY04 & 1st half FY05 sewer usage billing as the water was off from 2/3/03 through 8/24/04. If granted, this account will be put on hold until the 2nd half FY05 bill when a five month omitted bill will then be issued.
MOTION: Selectman Sauvageau moved the Board to approve abatement for Account #739668 for FY04 & 1st half FY05 sewer usage in the amounts of $272.00 & $161.00 respectively, for a total abatement of $433.00. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
F. Sewer Abatement Request – 112 Kendrick Rd., Acct. #738135 & 738130. The Board is asked to approve abatements on these accounts for 1st half FY05 sewer usage billing due to a decrease in the number of tenants from twelve to ten. The property is owned by the McCarthy properties.
MOTION: Selectman Sauvageau moved for the Board to approve abatements for Account #738135 & 738130 for 1st half FY05 sewer usage in the amounts of $161.00 each, for a total abatement of $322.00. Selectman Parola seconded for discussion.
NOTE: Selectman Parola asked if Mr. Simmons will go back to confirm that these sites are empty. The Administrator stated that someone would go out to verify these sites are empty.
VOTE: Unanimous (5-0-0)
G. Sewer Abatement Request – 207 Main St., Acct. #737437. The Board is asked to approve abatement on this account for FY04 & 1st half FY05 due to a computer error. The abatement issued for FY03 was not transferred to the new software & the incorrect EDU was subsequently billed.
MOTION: Selectman Sauvageau moved the Board approve abatement for Account #737437 for FY04 & 1st half FY05 sewer usage in the amounts of $204.00 & $120.75 respectively, for a total abatement of $324.75. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
H. Sewer Abatement Request – 16 Ocean Avenue, Acct. #735251. The Board is asked to approve abatement on this account for 1st half FY05 sewer usage billing due to a change in ownership. A bill for $161.00 will be issued to the new owner.
MOTION: Selectman Sauvageau moved the Board to approve abatement for Account #735251 for 1st half FY05 sewer usage for $161.00. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
I. Decision of Cumberland Farms Inflammable Fluids Application. The Administrator asked the Board to review the proposed drafted decision.
VII. LICENSES & PERMITS
(DONE)
VIII. ANNOUNCEMENTS
(DONE)
IX. BUSINESS
A. (Done)
B. Any other business.
Selectman Parola reminded the Board the need to evaluate the Administrator this year.
NOTE: Discussion ensued re: accepting tonight, the proposed draft decision presented by the Administrator re: the Cumberland Farms decision. Discussion ensued re: the motion made at the hearing.
The Administrator stated that Town Counsel has recommended that all five Board members sign, not just the Chairman.
Selectman Parola stated she would like to see the Board’s parameters on issuing underground fuel storage tanks included in the written decision. She also feels the By-law relative to a Town Meeting vote re: filling stations on Cranberry Highway should be included. She doesn’t feel this site is appropriate.
Discussion ensued re: Board comments that should be included in the decision letter.
The Administrator stated if the Board wants these issues cited in the letter, they would be included, but the letter is to focus on traffic & the intersections. He stated Town Counsel says the letter has to go beyond just the statement that it is not an appropriate site.
Chairman Tropeano stated that the By-law is relevant & the application for underground storage tanks was not before the Board when this By-law passed.
The Board concurred to insert the By-law into the letter.
MOTION: Selectman Pillsbury moved the Board authorize Town Counsel & the Town Administrator to finish the decision letter re: Cumberland Farms & to make it available for the Board’s signatures in the Board of Selectmen office. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
X. SELECTMEN’S REPORTS
(NONE)
XI. ADJOURNMENT
MOTION: Selectman Fernandes-Abbott moved at 9:00 P.M. to enter into Executive Session for the purpose of discussing litigation. Selectman Sauvageau seconded.
POLLED VOTE: Selectman Sauvageau – Yes
Selectman Fernandes-Abbott – Yes
Selectman Pillsbury – Yes
Selectman Tropeano – Yes
Selectman Parola – Yes
VOTE: Unanimous (5-0-0)
NOTE: Chairman Tropeano stated that the Board would not be coming back into open session.
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on November 16, 2004.
Attest: Bruce Sauvageau
Bruce Sauvageau, Clerk
BOARD OF SELECTMEN
Date signed: November 16, 2004
Date copy sent to Wareham Free Library: November 17, 2004
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