MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: July 6, 2004
Date of Transcription: July 7, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau (Pro Tem) called the meeting to order at 7:00 P.M.
MOTION: Selectman Pillsbury moved that Selectman Chamberlain be Clerk Pro Tem for this meeting. Selectman Sauvageau seconded.
VOTE: Unanimous (3-0-0)
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman Pro Tem
Cindy Chamberlain, Clerk Pro Tem
Mary Jane Pillsbury
Selectmen Absent: Patrick Tropeano
Renee Fernandes-Abbott
Absent: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the BOS: Grant MacConnell, Onset Blues Café
Mr. MacConnell stated he is present to discuss the entertainment extension request for the Onset Blues Café.
Selectman Sauvageau stated this would be handled later in the agenda.
Present before the BOS: Don D‘Augusta, 19 West Central Avenue, Onset
Mr. D’Augusta stated a petition has been submitted to Selectman Pillsbury re: the issue of motor scooters. He stated the problem is they are very dangerous, especially to other drivers on the road. He stated children w/ no license & no knowledge of the rules of the road mostly drive them.
Mr. D’Augusta stated that West Central Ave. is a one-way. He stated the scooters come up the street the wrong way & up on the sidewalk. He stated on one occasion he saw a scooter almost hit an elderly woman.
Mr. D’Augusta discussed how the engines of scooters could be upgraded & they can go about 50 m.p.h. He also discussed the dangers to the children driving these scooters.
Mr. D’Augusta stated he doesn’t understand the law that allows these motorized scooters to share the highway w/ licensed operators. He expressed concern re: public safety.
Selectman Sauvageau stated the Town understands the safety & liability issues surrounding these scooters. He stated he is pleased Mr. D’Augusta has brought this issue forward. He stated the
Administrator is aware of this matter & is discussing w/ Chief Joyce the possible creation of a By-
Law for the October Town Meeting to deal w/ the issue of these scooters, although that doesn’t address the matter at the present time. He stated there is a By-Law re: noise that may be applicable in some cases pertaining to the scooters.
Selectman Chamberlain stated she has reviewed this matter. She stated Senator Montigny of New Bedford has an appropriations bill under transportation asking the Legislature to ban these scooters. She urged citizens to contact Wareham’s Senator Pacheco & ask his support of Senator Montigny’s rider under the appropriations bill.
Selectman Chamberlain discussed an auto parts store in Town that is selling/promoting these scooters w/out safety helmets, warning labels, etc. She feels this is very inappropriate.
Selectman Pillsbury stated there is a By-Law that prohibits scooters from being on sidewalks, but it will just drive the scooters into the street. Lengthy discussion ensued.
Selectman Pillsbury suggested the BOS write a letter to Senator Pacheco & Representative Williams-Gifford & include a copy of the petition indicating the urgency of this matter & urge them to support Senator Montigny’s amendment. The BOS members concurred.
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Chamberlain moved the BOS sign invoice from Kopelman & Paige for professional services through 4/30/04 in the amount of $18,534.55. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS sign invoice from Kopelman & Paige for professional services through 5/31/04 in the amount of $12,858.52. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS approve invoice from Kopelman & Paige for professional services through 6/11/04 in the amount of $5,055.57. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS approve invoice from Attorney Soleman, Special Counsel for the Cable Advisory Committee in the amount of $8,350.00. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the Board authorize the Chair to sign partial pay estimate #2 from Celco Construction Corp. in the amount of $281,663.79 re: the Weweantic Shores Sewer project. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the Board authorize the Chair to sign application #21 from Methuen Construction Co., Inc. in the amount of $524,173.89 re: the WPCF upgrade project.
Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the Board sign invoice #80177728/5 from Camp, Dresser & McKee in the amount of $34,630.57 re: design of gravity sewer, pumping stations, force mains, & pressure sewers for Rose Point, Briarwood Beach, & Beaver Dam Estates areas. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
C2. Approve minutes of previous meetings: Regular Sessions: 1/6/04; 5/4/04; 6/1/04; Special Meeting: 6/8/04.
MOTION: Selectman Chamberlain moved the BOS approve the Regular Session meeting minutes of 1/6/04, 5/4/04, 6/1/04 & the Special Meeting minutes of 6/8/04. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
C3. State Primary Election Warrant.
Selectman Chamberlain read the State Primary Election Warrant into the record. (Attached as reference)
MOTION: Selectman Chamberlain moved the BOS sign the State Primary Election Warrant. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
C4. Appointments to various boards, committees, etc.
Selectman Chamberlain stated as she understood, applicants for the Community Preservation Committee were going to come before the BOS to be interviewed which would keep w/ the policy the BOS adopted. Discussion ensued. Selectman Pillsbury stated that the Community Preservation Committee needs to make some quick decisions at the present time & there is no time to wait. She stated if there is a delay in appointments, it could put the committee at a disadvantage.
MOTION: Selectman Chamberlain moved the BOS appoint Tracey Cunningham & Michael Ponte as members to the Community Preservation Committee to terms to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint Ralph R. Thompson as a member to the Board of Health to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint Marjorie Teitelbaum as a member (Open Space Committee designee) to the Community Preservation Committee to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint William J. McCusker as a Constable for the Town of Wareham to a term to expire 6/30/05. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint Dennis Allen as a member to the Commission on Disability to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint Marjorie Teitelbaum as a member to the Minot Forest Committee to a term to expire 6/30/09. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint Anne Campbell as a member to the Open Space Committee to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Chamberlain moved the BOS appoint John H. Wylde as a member to the Recreation Committee to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Pillsbury moved the BOS appoint Frank E. O’Brien as a member to the Marine Resources Commission to a term to expire 6/30/07. Selectman Sauvageau seconded for discussion.
NOTE: Selectman Chamberlain stated she will not second the motion because she is looking for a policy re: residency & would like a review of the policy re: attendance. Discussion ensued. Selectman Sauvageau felt the issue of residency was resolved pertaining to this appointment & discussed.
VOTE: (2-1-0)
Selectman Chamberlain opposed
Selectman Pillsbury stated that Selectman Sauvageau should remind the Administrator that a policy needs to move forward.
IV. TOWN ADMINISTRATOR’S REPORT
1. Change Order Forms #9, WPCF Upgrade Project. This $30,239.55 change order is for: dewatering building exhaust duct ($2,546.51); gas train vent ($6,275.36); operations building LPOP clarification ($8,004.46); UL rated doors ($528.91); headworks building sump pumps (no cost change to project); MCC Nos. 5A & 5B ($1,805.57); disconnect switch clarification (no cost change to project); cabinet unit heaters ($5,032.08); demo electric lighting at odor control room ($1,251.63); & fire extinguishers ($4,795.03).
Selectman Pillsbury stated that the WPCF Upgrade Sub-Committee discussed this change order.
MOTION: Selectman Chamberlain moved the Board approve & authorize the Chair to sign Change Order #9 for the WPCF Upgrade Project in the amount of $30,239.55. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
2. Change Order #1, Wastewater Pump Station Improvements, Phase I. This is the first change order for this project in the amount of $69,697.41. The changes are: remove & replace five unit heaters in the three stations ($6,974.60); remove & replace lighting in the Hynes Field wet well as outlined for the Narrows pump stations ($12,905.37); remove & replace aluminum railings on walkway in the Kennedy Lane pump stations wet well ($5,665.25); furnish & install pin & sleeve
plug bodies on each of the six sewage grinder units being installed in the three pump stations ($5,442.19); & remove & replace four sluice gates & actuators in the Hynes Field & Narrows pumping stations ($38,710.00).
MOTION: Selectman Chamberlain moved the Board approve & authorize the Chair to sign Change Order #1 for the Wastewater Pump Station Improvements, Phase I, in the amount of $69,697.41. Selectman Pillsbury seconded.
VOTE: Unanimous (3-0-0)
NOTE: The meeting proceeded w/ item V. Licenses & Permits - A. Recessed Hearing from 5/18/04: 1. Application for transfer of an existing Common Victualer Wines & Malts License from Brian Welch d/b/a Barnacle Bill’s Seafood to Welch’s Barnacle Bill’s, Inc. d/b/a Barnacle Bill’s Seafood, Julie A. Richard, Manager, 3126 Cranberry Highway, East Wareham, MA, under the provisions of MGL c.138 for the year 2004.
2. Application for Automatic Amusement Device, Weekdays by Welch’s Barnacle Bill’s, Inc. d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, MA.
MOTION: Selectman Pillsbury moved to open the hearing. Selectman Chamberlain seconded.
VOTE: Unanimous (3-0-0)
Present before the BOS: Brian Welch
Julie Richard
No one spoke for or against the application.
MOTION: Selectman Pillsbury moved to close the hearing. Selectman Chamberlain seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Pillsbury moved the BOS approve the application for transfer of an existing Common Victualer Wines & Malts License from Brian Welch d/b/a Barnacle Bill’s Seafood to Welch’s Barnacle Bill’s, Inc. d/b/a Barnacle Bill’s Seafood, Julie A. Richard, Manager, 3126 Cranberry Highway, East Wareham, MA, under the provisions of MGL c.138 for the year 2004. Selectman Chamberlain seconded.
VOTE: Unanimous (3-0-0)
Selectman Sauvageau reminded Mr. Welch that until the ABCC approves, Mr. Welch is still manager of the establishment. Ms. Richard told the BOS that she has completed her TIPS training.
MOTION: Selectman Pillsbury moved the BOS approve the application for Automatic Amusement Device, Weekdays by Welch’s Barnacle Bill’s, Inc. d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, MA. Selectman Chamberlain seconded.
VOTE: Unanimous (3-0-0)
B. Revisit MG & GM, Inc. d/b/a Onset Bay Blues Café, 2 West Central Ave., Onset, MA, holder of a Live Entertainment & Dancing Weekdays & Sunday Licenses approved for up to 11:00 P.M., requesting an approval to allow live entertainment & dancing to 12:00 A.M. under the provisions of MGL c. 140 & c. 136 for the year 2004.
Present before the BOS: Grant MacConnell, Onset Blues Café
Mr. MacConnell stated he would like to request his entertainment license be extended to 12:00 midnight. (See attached letter).
Mr. MacConnell submitted a petition from local businesses & neighbors in the area who are in favor of the extended hours.
Selectman Pillsbury asked if Mr. MacConnell spoke to Barbara Ford in the BOS office re: what paperwork needed to be filled out. Mr. MacConnell stated he has been in contact w/ the BOS staff.
Selectman Chamberlain discussed what the BOS did at the original hearing for the Onset Blues Café. She stated during the summer months, it might be conducive to extend the hours, but maybe not for the other seasons. Mr. MacConnell stated he would be willing to revisit Selectman Chamberlain’s concept later if need be. He stated the establishment closes at 1:00 A.M. at present & he holds a seasonal license. He stated the establishment’s track record is good.
Selectman Pillsbury stated there have been no complaints re: the establishment.
MOTION: Selectman Pillsbury moved the BOS approve the request of MG & GM, Inc. d/b/a Onset Bay Blues Café, 2 West Central Ave., Onset, MA to change the ending time for live entertainment & dancing until 12:00 midnight on their entertainment license. Selectman Chamberlain seconded.
VOTE: Unanimous (3-0-0)
V. LICENSES & PERMITS
(DONE)
VI. ANNOUNCEMENTS
(NONE)
VII. BUSINESS
A. Any other sewer matters.
(NONE)
B. Any other business.
1. Cumberland Farms Gas Station.
Selectman Chamberlain discussed the decision of the ZBA re: the remand for Cumberland Farms w/ many conditions. She stated this matter was discussed when the remand came through & a letter was sent to the ZBA & Cumberland Farms from the BOS pertaining to underground storage policy(s). She stated there is already approval to sell gas, which wasn’t under the purview of the ZBA & no one has come before the BOS for a permit. She asked the Chair to speak to the Administrator re: this matter. She feels the applicant should have come before the BOS when informed of the new policy.
NOTE: The meeting proceeded w/ the rest of item IV. Town Administrator’s Report.
3. MIIA Rewards Program Update. As a result of the Town’s participation in the 2004 MIIA Rewards Program, the Town has earned a credit of $24,181.00 towards the FY2005 insurance premium. This is the second year of the program & the second savings for the Town. The Purchasing Admin has coordinated the Town’s participation in the Rewards Program.
4. Scooters. As the BOS is aware, several complaints have been received concerning the new motorized scooters that are being driven by, in most instances, very young children. For your information, Chief Joyce is working on a proposed By-Law that will be ready for presentation at the October Town Meeting.
5. Gateway Treasure Hunter’s Club. The Town received a thank you from the club president, Ray Gouge, for allowing them the use of Onset Beach for another successful annual treasure hunt held on 5/15/04.
VIII. SELECTMEN’S REPORTS
(NONE)
IX. ADJOURNMENT
MOTION: Selectman Pillsbury moved to adjourn the meeting at 7:51 P.M. Selectman Chamberlain seconded.
VOTE: Unanimous (3-0-0)
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on 7/20/04.
Attest: Cindy Chamberlain
Cindy Chamberlain, Clerk Pro Tem
BOARD OF SELECTMEN
Date signed: 7/20/04
Date copy sent to Wareham Free Library: 07/21/04
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