MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: February 15, 2005
Date of Transcription: February 16, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:00 P.M.
MOTION: Selectman Fernandes-Abbott moved to appoint Selectman Parola as Clerk Pro Tem. Selectman Tropeano seconded.
VOTE: Unanimous (3-0-0)
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Cindy Parola, Clerk Pro Tem
Renee Fernandes-Abbott
Selectmen Absent: Bruce Sauvageau
Mary Jane Pillsbury
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
NOTE: The meeting proceeded w/ item IV. Consent Agenda.
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Parola moved the Board approve application #28 from Methuen Construction Co., Inc. in the amount of $212,892.79 re: the Wareham WPCF upgrade project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board approve payment estimate #10 from Delray Contracting, Inc. in the amount of $59,473.39 re: the Wareham Wastewater Pump Station Improvements, Phase I. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board approve the following invoices from Camp, Dresser & McKee:
1. Invoice #80194215/11 – Amount - $14,767.52 re: engineering services for the bidding, permitting & construction services re: the Weweantic Shores Sewer project.
2. Invoice #80194460/15 – Amount $97,732.98 re: engineering services for the design of gravity sewer, pumping stations, force mains, & pressure sewers for Rose Point, Briarwood Beach & Beaver Dam Estates areas.
3. Invoice #80194216/12 – Amount - $2,305.36 re: engineering services for the bidding, permitting & construction services re: the Weweantic Shores Sewer project general services.
4. Invoice #80194217/44 – Amount - $21,064.47 re: engineering services to provide construction & O&M services for the Wareham WPCF Upgrade project basic services portion of bidding.
5. Invoice #80194218/29 – Amount - $14,444.31 re: engineering services to provide construction & O&M services for the Wareham WPCF Upgrade resident project.
VOTE: Unanimous (5-0-0)
C2. Approve minutes of previous Regular Session meetings: 2/1/05.
MOTION: Selectman Parola moved the Board approve the Regular Session meeting minutes of 2/1/05. Selectman Fernandes-Abbott seconded.
VOTE: (2-0-1)
Selectman Tropeano abstained
C3. Appointments: Community & Economic Development Authority (CEDA); Wareham Historical Commission; Housing Partnership Advisory Board; Registrar of Voters; West Wareham Strategic Planning Committee; & Zoning By-Law Rewrite Committee.
MOTION: Selectman Parola moved the Board appoint R. Renee Fernandes-Abbott as a member to the Community & Economic Development Authority to a term to expire 6/30/07. Selectman Tropeano seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Andrew W. Griffith as an associate member to the Historical Commission to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Sandra Besse as a member to the Housing Partnership Advisory Board (CEDA Rep) to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Dorothy A. Taylor as the Registrar of Voters to a term to expire 3/31/08. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Kenneth J. Baptiste as a member to the West Wareham Strategic Planning Committee (Conservation Commission Rep) to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Paul R. Willard as a member to the West Wareham Strategic Planning Committee (CEDA Rep) to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Emilie A. Rose as a member to the West Wareham Strategic Planning Committee (Board of Health Rep) to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
MOTION: Selectman Parola moved the Board appoint Kenneth R. Ferreira as a member to the Zoning By-Law Rewrite Committee (ZBA Rep) to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
NOTE: Selectman Parola read a Certificate of Recognition into the record awarded to Gregory Trask for his bravery involving a house fire on 1/16/04.
NOTE: The meeting proceeded w/ item V. Town Administrator’s Report.
1. FY2005 2nd Half Sewer Usage Billing. Asked the Board to approve a commitment for FY2005 2nd half sewer user fees in the amount of $1,395,148.80.
MOTION: Selectman Parola moved the Board approve the second half FY2005 sewer user fees commitment in the amount of $1,395,148.80. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
2. Smelt Regulations. Asked the Board to approve the smelt regulations for 2005. The Board has received a memorandum from Mr. Parola along w/ a copy of the proposed regulations, which are the same as last year. Smelt season extends from 3/1/05 to 4/1/05 & permits will be available at the Harbormaster’s office beginning 2/22/05 from 8:30 A.M. to 4:00 P.M.
MOTION: Selectman Parola moved the Board approve the Smelt Regulations for 2005. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
3. Herring Agreement. Asked the Board to approve the Herring Agreement between the Town of Plymouth & the Town of Wareham for 2005. The Board has received a memorandum from Mr. Parola along w/ a copy of the proposed regulations, which are the same as last year. Herring season extends from 4/1/05 to 5/16/05, depending upon the availability of fish. Herring permits will be available at the Harbormaster’s office beginning 3/8/05 from 8:30 A.M. to 4:00 P.M.
MOTION: Selectman Parola moved the Board approve the Herring Agreement for 2005 between the Town of Plymouth & the Town of Wareham. Selectman Tropeano seconded.
VOTE: Unanimous (3-0-0)
4. Gateway Treasure Hunter’s Club. The Administrator has given permission for the Gateway Treasure Hunter’s Club to utilize Onset Beach for their annual treasure hunt. The date selected for 2005 is 5/21. This will be their fourth year using Onset Beach & their thirteenth year overall for the event.
NOTE: The meeting proceeded w/ item VI. Licenses & Permits – A. Hearing – Application of Mann Farms, Inc., Keith Mann, President, 620 Head of the Bay Road, Buzzards Bay, for renewal of Shellfish Grant #6, under the provisions of MGL c. 130 s.60.
MOTION: Selectman Parola moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
Present before the Board: David Mann (father of applicant)
Edmund Staples
Mr. Mann stated his son would be withdrawing this application for a shellfish grant.
MOTION: Selectman Parola moved to continue the hearing until the Chair sets such a date. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
NOTE: The meeting proceeded w/ item V. Town Administrator’s Report.
5. WPCF Upgrade Project, Change Order #13. Asked the Board to approve Change Order #13 for the WPCF Upgrade Project, which allows for the project completion date to be extended by sixty-nine (69) calendar days. The Board is aware of this change order & the WPCF Committee has discussed it.
MOTION: Selectman Parola moved the Board approve the WPCF Upgrade Project Change Order #13 which extends the completion date for the project by sixty-nine (69) calendar days. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
6. Amendment #3 to agreement between CDM & the Town. Asked the Board to approve the attached Amendment #3 to the CDM contract for the WPCF Upgrade Project. This amendment involves an increase to the basic services of $74,100.00 & an increase of $100,900.00 to the resident project representative services. Both of these figures include a 15% allowance for MBE/WBE & a 10% contingency.
The Administrator explained how much is left in contingency.
MOTION: Selectman Parola moved the Board approve Amendment #3 to the Agreement between Camp, Dresser & McKee, Inc. & the Town of Wareham, MA dated 4/2/02 in an amount not to exceed $175,000 & to authorize the Chair to execute Amendment #3 on behalf of the Board. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
III. DISCUSSION W/ PIERCEVILLE ASSOCIATION – LORUSSO
PROPERTY
Present before the Board: Dan McGaffey, Pierceville Neighborhood Association
Gary Florindo, Rochester Planning Board
Mr. McGaffey expressed concern re: the Lorusso project due to its proximity near County Rd. He read statements into the record pertaining to these concerns.
Mr. McGaffey stated the critical issue is that the Board of Selectmen & the Planning Board of the Town of Rochester have already agreed to have County Rd. as a means of egress. He discussed the number of truck trips approved per day & the potential damage to the road pavement, noise, & safety issues of pedestrians on the roadway as well as students accessing school buses on the roadway. He briefly discussed the traffic study submitted by Lorusso which he feels is incorrect. He feels a reasonable study should be conducted. He feels the Lorusso plan is for a quarry, which will include blasting for the next 20 years. He discussed the impact of this project on residents. He discussed the potential discharge of cancer causing dust from the project.
Discussion ensued re: the settlement agreement. Mr. McGaffey stated the settlement agreement states that w/in three years of being granted a permit; Lorusso needs to have an alternate route to Rte. 28. He stated in the meantime, Lorusso would utilize existing roadways.
Chairman Tropeano stated the Town of Wareham has attempted to put forth input, but have not had much feedback. He stated the Town of Wareham has no say as to what can be done, but the Town can lower the speed limit & loading weight on the roadway. Discussion ensued.
Discussion ensued re: the agreement between the Town of Rochester & Lorusso. The Administrator stated the Town of Rochester assured the Town of Wareham that they would require Lorusso to utilize an alternative access to Rte. 28. He feels that County Rd. won’t last three years if utilized as described. He stated he needs a copy of the settlement agreement. Mr. McGaffey submitted said agreement.
The Administrator stated from here, after review of the agreement, the Town of Wareham can again submit a letter to the Town of Rochester & possibly contact Town Counsel.
Present before the Board: John Dovorski, Rochester resident
Mr. Dovorski stated the settlement agreement states that Lorusso has three years to build an alternate route (with one year already past). He stated if Lorusso does not do this w/in three years then the Town of Rochester will have three years to build an alternative route.
Mr. Dovorski stated that the Town of Rochester would make a decision on 3/1/05. He stated the Town of Rochester has stated they have been sending information to the Town of Wareham, but have received no response. The Board members countered this statement.
Present before the Board: Mike Buechamin
Mr. Buechamin discussed weight limits on roadways. He stated as it stands, any truck could be used on the roadway unless it has a weight permit. Discussion ensued re: weight permitted trucks.
Present before the Board: Jerry Boudreau
Mr. Boudreau stated that lowering the speed limit would have no impact. Chairman Tropeano stated that the trucks most likely would exceed the speed limit resulting in tickets. Discussion ensued re: the need for enforcement on this issue.
Discussion ensued re: weight restricting the roadway.
Mr. Florindo stated the Lorusso plant would be four feet away from the road. He stated w/ a westerly wind, West Wareham would be affected as well as residents living on County Rd. He stated the plant operation noise most likely would be heard from Cumberland Farms in West Wareham. He stated this is a noisy trade & will impact the Town of Wareham.
IV. CONSENT AGENDA
(DONE)
V. TOWN ADMINISTRATOR’S REPORT
(DONE)
VI. LICENSES & PERMITS
(DONE)
VII. ANNOUNCEMENTS
A. The next meeting of the Board of Selectmen/Sewer Commissioners will be held on 3/1/05 & weekly on Tuesday’s thereafter until the Annual Town Meeting commences on 4/25/05.
B. The Veterans Counsel is in need of members. Contact Town Hall if interested.
D. The Commuter Rail survey can be obtained on the Town’s website.
VIII. BUSINESS
A. Close Annual Town Meeting Warrant.
The Board proceeded to review the Warrant. Brief discussion ensued re: entities requesting funds, such as South Shore Women’s Center & Cape Cod Childcare Center.
MOTION: Selectman Fernandes-Abbott moved to close the 4/25/05 Annual Town Meeting Warrant allowing for correction of Scribner errors. Selectman Parola seconded.
VOTE: Unanimous (3-0-0)
B. Officially disband the Wareham Housing Ad Hoc Committee.
MOTION: Selectman Parola moved the Board disband the Wareham Housing Ad Hoc Committee. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
Chairman Tropeano thanked the past & present members.
C. Any other business.
1. Cable Contract.
MOTION: Selectman Parola moved the Board extend the Comcast Cable contract negotiations until 2/18/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (3-0-0)
Cable Committee members present: Matt Underhill
Melodye Conway
Jim Newman
Jeff Hathaway
Mr. Underhill stated Comcast has not signed the contract as of yet & they have not returned today’s calls. He stated Counsel to the Committee has recommended that the Town write the contract & then have Comcast sign it. He stated the Committee has requested that Comcast sign an intent letter.
Mr. Underhill proceeded to discuss the highlights of the new contract as follows:
1. 10-year contract; not an exclusive contract.
2. Senior citizen discount.
3. Every home in Town to receive cable (w/ a 150 ft. maximum distance from an existing pole to a home. Additional distance will be burden of customer to pay).
4. Town’s INET – Comcast no longer responsible for maintenance of data.
5. Comcast will give $75,000.00 to put up a wireless INET to maintain Town’s data network.
6. Town can hire third party to maintain existing INET.
7. Town will acquire three channel public access; Channel 1 – Government, Channel 2 – Education, Channel 3 – Public Access.
8. Access studio will receive $250,000.00 annually.
Mr. Underhill asked the Board re: the issue of existing studio equipment in Marion. He stated the Town of Wareham owns 60% of this equipment. He stated the Towns of Marion & Mattapoisett have made an offer to run the Town of Wareham’s programming on their bulletin board if the Town gives up its 60% in studio equipment. He stated the Town responded by saying they will keep the field equipment (which includes a van) & the other two towns can keep the studio equipment. He added that the Town could operate its own studio from somewhere in a Town building for now.
Discussion ensued re: taking the offer of the field equipment & operating the Town’s own access studio in the interim. The Board members concurred to take this offer.
9. Town will take over its own studio on 2/28/05.
Mr. Underhill stated the Town should discuss how things would be operated from 2/28/05 on. He stated he is waiting for Counsel to give information on setting up a corporation. He stated the Committee has drafted By-Laws & an agreement for the access corporation, which they can present to the Board for consideration.
Mr. Underhill stated he has requested time to move head-end equipment from Marion to Town Hall or Multi-Service Center & asked if the room adjacent to the Board’s meeting room can be utilized temporarily. The Board members concurred.
Mr. Underhill stated that the Committee has been negotiating for one of three buildings to house the INET system & new studio (Oak Grove School, old library, & Spinney building). He stated they are still in negotiations.
Mr. Hathaway stated that some items could be negotiated w/ Comcast, but others cannot due to guidelines. He stated the highest percentage that could be negotiated is 5% & the Town may get as high as 4-½ %.
2. Carlton Place Project/Hammond Property.
Present before the Board: Mr. Mann
A Gentleman
Mr. Mann expressed concern re: a drainage easement across the Hammond property. The Administrator stated that the easement was granted to a municipal corporation located in Plymouth County, not to inhabitants. He stated it is an easement granted to the Town.
Selectman Parola stated this project by-passed the Board because it is a 40B project. The Administrator added that the Town is required to maintain the drainage.
Mr. Mann discussed the easement on the plan. Discussion ensued re: the role of the ZBA relative to this issue.
Discussion ensued re: if the easement is on property still owned by the Hammond’s & if it is conforming.
The gentleman present stated that work being done on the drainage is being done outside the easement in his opinion & other work will not be w/in the confines of the easement. Lengthy discussion ensued.
Selectman Parola suggested SEA make a site visit to explain & confirm what is there. The Administrator stated all the ZBA has done is given permission to go across the existing easement.
Chairman Tropeano stated that the Board would look into this matter.
IX. SELECTMEN’S REPORTS
(NONE)
X. ADJOURNMENT
MOTION: Selectman Parola moved to adjourn the meeting at 8:50 P.M. Selectman Fernandes-Abbott 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 March 8, 2005.
Attest: Cindy K. Parola
Cindy Parola, Clerk Pro Tem
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date signed: March 8, 2005
Date copy sent to Wareham Free Library: March 9, 2005
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