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Selectmen's Meeting Minutes 01/18/05
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting:  January 18, 2005
Date of Transcription:  January 19, 2005
Transcribed by:  Kelly Barrasso

I.      CALL MEETING TO ORDER BY CHAIRMAN

Chairman Tropeano called the meeting to order at 7:03 P.M.

A.      Roll Call

Selectmen Present:      Patrick G. Tropeano, Chairman
                        Bruce Sauvageau, Clerk
                        Mary Jane Pillsbury
                        Cindy Parola

Selectman absent:       Renee Fernandes-Abbott

Present:                Michael Hartman, Town Administrator

II.             COUNCIL ON AGING – NEEDS SURVEY/RECOMMENDATION REPORT

Present before the Board:       Diane Cunningham, COA Director
                                Jim Nordquist, COA Chair of Board of Directors
                                Earl Dalrymple

Ms. Cunningham discussed the effort the board put forth for this survey/assessment.

Mr. Dalrymple discussed the objective of the survey is to increase the number of program participants & increase the number of volunteers to assist w/ the programs.  He discussed the summary section of the Needs Survey Summary & Action Plan Report.  (Attached as reference).

Mr. Nordquist discussed the action plan based on the survey.  (Attached as reference).

Board members commented on the survey preparation & survey results.  Brief discussion ensued.

III.     CAMP, DRESSER & MCKEE UPDATE

Present before the Board:       Gerald Furrier, CDM
                                Mike Guidice, CDM

Mr. Furrier stated that Mr. Guidice would be replacing him as the Town’s project manager.  He briefly discussed Mr. Guidice’s experience.

Mr. Furrier updated the Board on the following:

WPCF Update:

        -       Construction update.

Mr. Furrier stated that the filter building is a critical component of finishing this project.  He briefly discussed other smaller components that are being worked on.

-       Budget update.

Mr. Furrier offered a brief budget update.  (Attached as reference).

-       WPCF Committee meeting held last Friday (1/14/05).  Next meeting 1/31/05.
-       Schedule Update – Methuen Construction request for time (51 days).  

Mr. Furrier discussed the contractor’s request for additional time to finish the project.  

-       CDM will recommend time extension (not compensatory to contractor.
-       CDM amendment for additional services beyond February 18.

Chairman Tropeano stated the contractor will not be requesting additional funds for the extension, but the Town will have to pay additional funds to CDM for this time extension.

Mr. Furrier addressed what work CDM will be doing during the extension time & the estimated cost of up to $175,000.  Lengthy discussion ensued re:  the Board’s concerns over this extension & the contractor’s reason for an extension request relative to weather.  The Board members also expressed concern re:  the Town having to absorb the $175,000 additional cost for CDM services during this extension time period for oversight.

Chairman Tropeano stated if the Board denies the contractor’s request there will be serious issues that arise, such as lawsuits.  He feels a discussion should be held w/ Town Counsel re:  this matter.

Selectman Pillsbury stated that at the recent WPCF Committee meeting, Methuen Construction was made aware of the Town’s discontent w/ the company.

- Letter to EPA & DEP re:  NPDES permit conditions (4/1/05 deadline).

Discussion ensued re:  permit deadline requirements & how the Town may not be able to meet these deadlines due to this matter of an extension.

Discussion ensued re:  the Board’s concerns relative to the contractor realistically completing the project in 51 days.

-       CDM to assess extent of delay at 1/31/05 WPCF Committee meeting.
-       Change Order #12

Mr. Furrier explained parts of Change Order #12 the Board had questioned relative to various items.

Weweantic Shores Sewers:

-       Pipe work complete.
-       Pump stations work will be completed in early spring.
-       Project below budget (bid price).

Rose Point Sewers & Briarwood Beach/Beaver Dam Estates Sewers:

-       Town obtained a DEP State Revolving Fund Loan ($6 million) for Briarwood Beach/Beaver Dam Estates.
-       Obtained DEP sewer extension permit.
-       2nd Conservation Commission meeting 1/19/05 for Rose Point.
-       Bid Rose Point in 2/05, start construction in April/May 2005.
-       Coordinate w/ Water District construction efforts – discussions on-going.
-       CDM requests meeting to consider pressure sewers for portion of Briarwood area.
-       Pressure sewers (individual grinder pump units) provide cost benefits.
-       Timely decision needed to support Conservation Commission permitting in 2/05.
-       Bid expected in 3/05, construction in May.

Brief discussion ensued re:  holding a meeting on the pressure sewer's portion of Briarwood area.

Infiltration/Inflow Control Plan:

-       Signed contract to start this spring.
-       Preparing a flow-monitoring plan for data collection effort.
-       Field efforts will be coordinated w/ Mark Gifford & Dave Simmons.

IV.     CITIZENS PARTICIPATION

Present before the Board:       Steve Curry, Rose Point

Mr. Curry stated many residents of Rose Point still have questions re:  the sewer project.  He stated, for example, there has been no notification of easements or land takings & there was a road survey re:  paving, but no results have been forthcoming.  The Administrator stated when the design is completed & the bid process begins, information relative to easements will be sought.  Mr. Furrier stated there are very few easements being anticipated.  He stated there are three properties in Rose Point & two properties in Briarwood that would have private property impact (relative to easements).  He stated CDM has discussed pump station locations & discussed the private properties briefly.

Mr. Curry stated residents have said that there are no plans to review re:  pipe location, etc.  Chairman Tropeano stated the plans are on file at Town Hall for review.

Mr. Curry asked if there could be a meeting held before all plans are finalized so residents can be updated & express any concerns.  Chairman Tropeano stated that it has been decided that the roads in this area will be paved (vs. not paved) due to the need for protection of manholes, etc.  He added that drainage systems would also be established.  He stated all the information can be gathered & certainly there can be a meeting w/ the residents of this area.

Brief discussion ensued re:  the percentage paid above the bond rate (2%).

Present before the Board:       Lucy Pearlman, Rose Point

Ms. Pearlman stated that her property is one of the easements being considered.  She inquired as to the easement process.  Chairman Tropeano discussed the process, which will include an appraisal, but the land will still be hers, but there will be an easement.  

Ms. Pearlman expressed concern re:  how easements are handled.  The Administrator discussed the easement process.

Ms. Pearlman stated that no one has contacted her re:  this matter.  The Administrator stated that until the plans are finalized, a permit for the company is completed, & everything is defined, them the appraisal will occur & she would be contacted.

V.      CONSENT AGENDA

C1.  Authorization to sign bills, documents, etc.

MOTION: Selectman Sauvageau moved the Board authorize the Chair to sign Pay Estimate #7 to Celco Construction Corp. in the amount of $157,573.84 re:  the sewage works improvements re:  the Weweantic Shores Sewer Project.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board authorize the Chair to sign Payment Estimate #9 to Delray Contracting, Inc. in the amount of $5,652.50 re:  the Wareham Wastewater Pump Station Improvements Phase I Project.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board approve invoice #80191952/43 from Camp, Dresser & McKee in the amount of $16,703.90 re:  engineering services to provide construction & O&M services for the Wareham WPCF Upgrade project basic services portion of bidding.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

NOTE:   Selectman Parola left the table at this time.

MOTION: Selectman Sauvageau moved the Board approve invoice #80191955/28 from Camp, Dresser & McKee for $19,639.33 re:  engineering service to provide construction & O&M services for the Wareham WPCF Upgrade resident project.  Selectman Pillsbury seconded.

VOTE:  Unanimous (3-0-0)

MOTION: Selectman Sauvageau moved the Board approve invoice #80191950/10 from Camp, Dresser & McKee for $13,393.81 re:  engineering services for the bidding, permitting & construction services for the Weweantic Shores Sewer Project.  Selectman Pillsbury seconded.

VOTE:  Unanimous (3-0-0)

MOTION: Selectman Sauvageau moved the Board approve invoice #80191948/11 from Camp, Dresser & McKee for $4,029.75 re:  engineering services for the bidding, permitting & construction services for the Weweantic Shores Sewer Project.  general services.  Selectman Pillsbury seconded.

VOTE:  Unanimous (3-0-0)

NOTE:   Selectman Parola returned to the table.

C2.  Approve minutes of previous Regular Session meetings:  12/14/04 & 1/4/05.

MOTION: Selectman Sauvageau moved the Board approve the Regular Session meeting minutes of 12/14/04.  Selectman Parola seconded.

VOTE:  (3-0-1)
Selectman Sauvageau abstained

MOTION: Selectman Sauvageau moved the Board approve the Regular Session meeting minutes of 1/4/05.  Selectman Parola seconded.

VOTE:  (3-0-1)
Selectman Sauvageau abstained

C3.  Appointments to the Conservation Commission, Housing Partnership Advisory Board, Open Space Committee, & the West Wareham Strategic Planning Committee.

MOTION: Selectman Sauvageau moved the Board appoint Michael A. Baptiste, Sr. as a member to the West Wareham Strategic Planning Committee to a term to expire 6/30/07.  Selectman Parola seconded for discussion.

NOTE:   Selectman Parola stated that the appointments should indicate which designee IS from what board, committee, etc.  She stated Mr. Baptiste’s appointment should indicate that he is the Planning Board designee.  The Board members concurred.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board appoint Gregory Trask as a member to the Conservation Commission to a term to expire 6/30/08.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board appoint Richard E. Valatkevicz as a member to the Open Space Committee to a term to expire 6/30/06.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board appoint Cynthia K. Parola as a member to the West Wareham Strategic Planning Committee to a term to expire 6/30/07.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board appoint Mary Jane Pillsbury as a member to the West Wareham Strategic Planning Committee to a term to expire 6/30/07.  Selectman Parola seconded.

NOTE:   Discussion ensued re:  if Selectman Fernandes-Abbott stated she wanted to be the Board’s representative on this committee.  Selectman Pillsbury stated that her family owns a business in West Wareham & she wouldn’t want any perception of conflict.  Selectmen Sauvageau & Parola withdrew their motions.

MOTION: Selectman Sauvageau moved the Board approve Mary Jane Pillsbury as a member to the Community & Economic Development Authority to a term to expire 6/30/07.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

MOTION: Selectman Sauvageau moved the Board appoint Denise Kashner as an associate member to the Housing Partnership Advisory Board to a term to expire 6/30/07.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

VI.     TOWN ADMINISTRATOR’S REPORT

i.      Sewer Project Permits.  The Town has received letters from DEP notifying the Town that the permits for the Rose Point, Briarwood & Beaver Dam Estates sewer projects were approved.  They did not receive any comments objecting to the issuance of the permits.

ii.     WPCF Project Update.  At a meeting of the Design Review Committee held on 1/14/05, notice was given that Methuen Construction has requested a contract extension of at least 51 days to at least 4/28/05 (as discussed previously by Mr. Furrier of CDM).  CDM has recommended the extension be approved & Methuen has indicated that the contract extension does not require additional funding.  The extension will require an amendment to the oversight agreement w/ CDM, which expires 2/19/05 & an extension of this contract is compensable.  

Relative to the WPCF project, CDM has reviewed the project costs & has submitted a report for the Board’s review.

iii.    Sewer User & Septage Rate Increases.  Asked the Board to approve a sewer user rate increase from the current $322/year per EDU to $372/year per EDU effective the 2nd half of the FY2005 billings.  In addition, the Administrator is asking the Board to increase septage rates to $10/ 1,000 gallons for in-town, which would make it $90/ 1,000 gallons in-town.

MOTION: Selectman Sauvageau moved the Board approve an increase in the sewer user rate fee to $372/year per EDU effective the 2nd half of the FY2005 billings.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

iv.     FY2005 2nd Quarter Bourne Sewer Usage Billing.  The Board is asked to approve a sewer bill to the Town of Bourne in the amount of $62,354.71.  This includes the 2nd quarter sewer use bill for FY2005 ($13,585.09 after applying a credit of $37,009.09 from 1st quarter) & Bourne’s share of the Hynes Field pump station upgrade (17.91% of $272,315 which is $48,771.62).

MOTION: Selectman Sauvageau moved the Board approve the 2nd quarter Fiscal 2005 sewer use bill to the Town of Bourne for $13,585.09 & Bourne’s share of the Hynes Field pump station upgrade of $48,771.62 for a total billable amount of $62,354.71 & to commit this amount to the Town Treasurer/Collector.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

VII.    LICENSES & PERMITS

a.      Application for Common Victualler’s license by John & Judy Coneeny d/b/a Cranberry Cottage, 246 Marion Rd., Wareham under the provisions of MGL c.140 for the year 2005

Present before the Board:       Mr. & Mrs. Coneeny

Mr. Coneeny discussed the hours of operation.  He added that they would be taking possession of the business on Friday.

MOTION: Selectman Sauvageau moved the Board approve the application for Common Victualler’s license by John & Judy Coneeny d/b/a Cranberry Cottage, 246 Marion Rd., Wareham under the provisions of MGL c.140 for the year 2005.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

b.      Application for a Change of Manager for an Annual Club All Alcoholic Beverages License for the Wareham Lodge of Elks #1548, 2855 Cranberry Highway, East Wareham, proposed new manager Margaret C. Fisher, under the provisions of MGL c. 138.

Present before the Board:       Margaret Fisher

MOTION: Selectman Sauvageau moved the Board approve the application for a Change of Manager for an Annual Club All Alcoholic Beverages License for the Wareham Lodge of Elks #1548, 2855 Cranberry Highway, East Wareham, proposed new manager Margaret C. Fisher, under the provisions of MGL c. 138.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

c.      Application for a one-day entertainment license by Mary Wouters-Tirrell d/b/a Fonzie’s Diner & Gift Shop, 3074 Cranberry Highway, East Wareham, under the provisions of Selectmen’s Policy #02-03.

Present before the Board:       Mary Wouters-Tirrell

Ms. Wouters-Tirrell stated they are looking for a one-day entertainment license for 1/21/05 from 1:00 P.M. to 12:00 midnight.

Chairman Tropeano discussed where this function would be held.  Ms. Wouters-Tirrell stated that there would be no alcohol served in the function location.  

MOTION: Selectman Sauvageau moved the Board approve the application for a one-day entertainment license by Mary Wouters-Tirrell d/b/a Fonzie’s Diner & Gift Shop, 3074 Cranberry Highway, East Wareham, under the provisions of Selectmen’s Policy #02-03.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

VIII.   ANNOUNCEMENTS

a.      SEMASS plant outages – normal operations expected by 1/21/05.  (See attached letter that Selectman Parola read into the record).
b.      Next Board of Selectmen meeting – 2/1/05.

IX.     BUSINESS

A.      Vote Town Election Warrant.

Selectman Sauvageau read the election warrant into the record.  (Attached as reference).

MOTION: Selectman Sauvageau moved the Board approve the Town Election Warrant as read into the record.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

B.      Vote Selectmen appointments to new ad hoc committees.

Chairman Tropeano stated that when deciding on membership for the West Wareham Strategic Planning Committee, a member of the Historical Commission & a member of the Board of Health were omitted.

MOTION: Selectman Sauvageau moved the Board include a member of the Historical Commission & the Board of Health on the West Wareham Strategic Planning Committee.  Selectman Pillsbury seconded.

VOTE:  Unanimous (4-0-0)

C.      Police Feasibility Study Committee & other vacancies.

Chairman Tropeano read the proposed members’ names for the Police Feasibility Study Committee into the record.

MOTION: Selectman Sauvageau moved the Board appoint Melodye Conway, Clarie Smith, Selectman Renee Fernandes-Abbott, & John Wylde as members to the Police Feasibility Study Committee to terms to expire 6/30/05.  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

D.      Any other business.
(NONE)

X.      SELECTMEN’S REPORTS

A.      Selectman Parola – Discussed the commuter rail issue.  Stated that the Taunton/Fall River/New Bedford line will be going out for RFP permitting & opposition to the Greenbush line has subsided.

Selectman Parola stated that SRPEDD is conducting a survey of those using the Old Colony line.  She discussed how this survey would be conducted.  Discussion ensued.  She added that there is a need to know if the Town is still interested in the commuter rail & these interests should be conveyed to the Town’s Representative & Senator.

B.      Selectman Tropeano – Stated there is confusion as to how many members were designated to be on the Police Feasibility Study Committee.  He stated clarification is needed if there are to be seven or nine members.  Brief discussion ensued.

MOTION: Selectman Sauvageau moved the Board appoint seven members (one Board of Selectmen member, one Finance Committee member in an advisory position, & six at large members).  Selectman Parola seconded.

VOTE:  Unanimous (4-0-0)

C.      Selectman Pillsbury – Stated she is going in for surgery & will be unable to attend any Board of Selectmen meetings in February.  She added that she would be running for another term.

XI.     ADJOURNMENT

MOTION: Selectman Sauvageau moved at 9:05 P.M. to enter into Executive Session for the purpose of discussing litigation.  Selectman Parola seconded.

POLLED VOTE:    Selectman Pillsbury – Yes
                        Selectman Parola – Yes
                        Selectman Sauvageau – Yes
                        Selectman Tropeano – Yes

VOTE:  Unanimous (4-0-0)

NOTE:   Chairman Tropeano stated that the Board will not be coming back not 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 February 1, 2005.

Attest:  Bruce Sauvageau
        Bruce Sauvageau, Clerk
        BOARD OF SELECTMEN

Date signed:  February 1, 2005
Date copy sent to Wareham Free Library:  February 2, 2005