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Selectmen's Meeting Minutes 05/12/05
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting:  April 12, 2005
Date of Transcription:  April 13, 2005
Transcribed by:  Kelly Barrasso

I.      CALL MEETING TO ORDER

Selectman Sauvageau (Chairman Pro-Tem) called the meeting to order at 7:05 P.M.

MOTION: Selectman Fernandes-Abbott moved Selectman Pillsbury be Clerk Pro-Tem.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

A.      Roll Call

Selectmen Present:      Bruce Sauvageau, Chairman Pro-Tem
                        Mary Jane Pillsbury, Clerk Pro-Tem
                        Renee Fernandes-Abbott
                        Cindy Parola
                        Brenda Eckstrom

Present:                Michael Hartman, Town Administrator

II.     CITIZENS PARTICIPATION

Present before the Board:       Jim Newman

Mr. Newman stated that there would be a Memorial Day parade.  He asked Selectman Sauvageau to be the speaker.  Selectman Sauvageau stated he would be honored.  Mr. Newman stated the parade would begin at 1:00 P.M. in Onset.

III.    ONSET BAY ASSOCIATION

Ms. Dean asked that this item be held later in the meeting.  Selectman Sauvageau concurred.

IV.     CONSENT AGENDA

A.      Authorization to sign bills, documents, etc.

MOTION: Selectman Pillsbury moved the Board approve payment #11 from Delray Contracting, Inc. in the amount of $44,589.97 re:  wastewater pump station improvements – Phase I.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

V.      TOWN ADMINISTRATOR’S REPORT

1.      Bid Award – FY2006 Revaluation Commercial Property.  Bids were received 2/28/05 for the 2006 revaluation program for all commercial, industrial, mixed use, & apartments.  The Administrator, after reviewing the bids, & upon the recommendations of Paul Keefe, Director of Assessing & Maggie Smith, Purchasing Administrator; the bid was awarded to Paul S. Kapinos in the amount of $77,000.

VI.     LICENSES & PERMITS
(NONE)

VII.    ANNOUNCEMENTS

A.      The next Board of Selectmen meeting will be 4/19/05.

VIII.   BUSINESS

A.      Wareham School Committee – Special Town Meeting Warrant Article #22 – Decas School Pipes

Present before the Board:       Dr. Jim Collins, Superintendent
                                Mr. Barry Rabinovich, Asst. Superintendent
                                Bob Brousseau, School Committee

Dr. Collins discussed problems w/ the heating system in the E-wing of Decas School.  He stated an addition was put on in the 1970’s.  He stated when the heating system was installed; the pipes were buried in dirt & covered w/ concrete.  He stated the pipes have started to break & hot water is spilling out.  He stated a few years ago when this started happening, insurance paid for the damages, but the instances are starting to happen more frequently (floors are heating up, hot water usage up, etc.).  He stated the situation is now creating safety concerns.  He stated recently, an attempt was made to obtain an emergency bid out of the maintenance budget, but the bids came in too high to pay out of this maintenance budget.  He stated they struggled through the winter w/ this problem & made some repairs.

Dr. Collins stated the School Dept. is asking for $165,000 to fix this issue.  He stated $165,000 was the lowest bid received previously, but the cost may come in lower if bid again this summer.

Mr. Brousseau discussed heating issues/problems in this wing.

Mr. Rabinovich displayed a pipe taken out of the ground that had corrosion.
Mr. Rabinovich stated the plumber that has been fixing the problems suggested leaving the pipes in place & then taking the new pipes & go above the ceiling, through the classrooms, & through the heaterlators.  He stated that two engineering firms are drawing up plans & both firms have agreed w/ the plumber that the new pipes need to be hung in the ceiling & supported by the roof.  He discussed the piping.  He stated the bids for this job are out & will be in after Town Meeting.  He stated although the article is asking for $165,000, he is hoping the bid will come in at around $125,000.

B.      Upper Cape Technical School – Special Town Meeting Warrant Article 23 – Upper Cape Technical School Agreement.

Present before the Board:       Barry Motta, Superintendent

Mr. Motta gave the history of the requirement.  He stated that this article would bring the communities into compliance.  He stated a sub-committee reviewed & agreed on option #3 that was offered.  He stated option #3 states that representation will stay the same, representatives will have four-year terms that are staggered, but the change is the representatives will be elected w/in a District-wide election.  He stated Wareham representatives would have to be residents of Town & the Town would have two representatives.

Mr. Motto stated that the school’s attorney & the Secretary of State approved the language w/in the article.

Selectman Pillsbury discussed the legislation that would allow this & how it states “may” adopt this requirement.  Mr. Motta stated he had a problem w/ the word “may” as well, but was told this requirement is mandated & the Secretary of State interprets the word “may” to mean choice of options presented.

Selectman Fernandes-Abbott discussed the Board’s initial concerns that the Town would lose its representation, but has more understanding now of what the article actually does.

MOTION: Selectman Pillsbury moved Favorable Action on Article 23 of the 4/25/05 Special Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

C.      Zoning By-Law Rewrite Committee – Special Town Meeting Warrant Articles 11-18.

Present before the Board:       Anthi Frangiadis

Ms. Frangiadis asked to postpone this discussion until later in the meeting.  Selectman Sauvageau concurred.

D.      Community Preservation Committee – Annual Town Meeting Warrant Article 17 – Community Preservation Budget.

Present before the Board:       Donald Hall
                                Susan Pizzolato
                                Kristy Gunnell

Ms. Pizzolato discussed the handout that will be presented at Town Meeting.  (Attached as reference).

Ms. Pizzolato stated that the Committee is also looking for $20,000 for administrative funds.  She added that there is $610,000 in available funds for FY2006.

Ms. Gunnell stated a public hearing was held on 3/9/05.  She added that 6/3/05 is the deadline for new applications.

Ms. Pizzolato stated that the $20,000 for administrative funds is less than 5% for administrative work.  She stated that the Committee could apply in October for additional administrative funds if needed.

Selectman Sauvageau stated that he is in favor of all three components presented, but he feels the Westfield survey is the most important & discussed why.

MOTION: Selectman Parola moved Favorable Action on Article 17 of the 4/25/05 Annual Town Meeting Warrant.  Selectman Eckstrom seconded.

VOTE:  Unanimous (5-0-0)

NOTE:   The meeting proceeded w/ item III.  Onset Bay Association.

Present before the Board:       Kathy Ciaccio
                                Brian Kashner

Ms. Ciaccio discussed the Onset Blues Festival.  (Attached as reference).  She asked why the festival should end at 6:00 P.M.?  Mr. Kashner stated the only reason the OBA was given was that the Police Dept. wants the festival to end earlier.

Selectman Fernandes-Abbott stated it seems that the timing of schedules may coincide w/ the police shift schedules.

The Administrator stated in the past, the Police Dept. has had to order police in & it may seem the order & timing has coincided w/ shift changes.  He assumed that if the festival ends at 6:00 P.M. most people would go home by 7:00 P.M.

Mr. Kashner stated that the end time creates a hardship for securing talent that has already been done & now there will be an abbreviated end time.  He added that printings/mailings have already been done.  He stated the Police Dept. was asked to take some time to reconsider, but their answer is still “No.”  He stated that music would begin at noon.  He stated that Chief Joyce is aware of the OBA’s meeting w/ Selectmen this evening.

Selectman Fernandes-Abbott stated that public safety is the most important factor of any festival & she feels the Board needs to discuss this matter w/ Chief Joyce before comments are made.

Ms. Ciaccio stated that contracts have already been signed w/ bands, printing, etc.  She stated she would like everyone together as to what policies there will be, etc.

The Board concurred that a meeting between the OBA, Police Dept., & the Board of Selectmen should take place as soon as possible.

Ms. Ciaccio discussed reducing the amount of police staffing at this year’s Blues Festival.  (Attached as reference).  She discussed discrepancies re:  staffing & fees.

Selectman Fernandes-Abbott again stated that these are public safety questions & should be directed to the Police Dept.  Selectman Sauvageau agreed.

The Board concurred again that a meeting should take place w/ the OBA, Police Dept., & the Board of Selectmen.

Ms. Ciaccio discussed volunteer parking attendants.  (Attached as reference).

Mr. Kashner stated that Lt. Brightman denied a request to have Onset Community Crime Watch volunteers be attendants in the past.  The Administrator feels at the last Cape Verdean Festival there were problems w/ people keeping their posts.

Selectman Pillsbury feels that the Onset Community Crime Watch may be beneficial & they may want to prove they can be successful.

Mr. Kashner stated the Police Dept. did reduce down to two volunteers & two officers.  The Administrator stated if there is a charge for parking, it is a Town employee that has to collect the monies.  Mr. Kashner stated that the OBA would not be charging for parking.

Ms. Ciaccio discussed non-profit consortium concerns.  (Attached as reference).

Selectman Sauvageau feels there should be full communication between the OBA, Police Dept. & the Board of Selectmen to help the OBA get their questions answered.

Selectman Sauvageau stated that relative to the request for a line item in the budget to fund community wide summer events, this would have to be addressed during the next fiscal process in the fall.  He doesn’t know how line items like this could work, but it can be discussed.
Selectman Pillsbury stated that this idea of a line item for community wide events was discussed at one time & what the cost of said line item would be.  The Administrator stated that costs to the Town at that time were estimated at approx. $60,000.  He stated at that time, the Board made a policy to make these festivals self-supporting.

NOTE:   Selectman Sauvageau announced that the Annual Spring Town Meeting Warrants are now available.

Selectman Parola updated the public on recent results of the rail survey.

NOTE:   The meeting proceeded w/ item VIII.  Business – C.  Zoning By-Law Rewrite Committee – Special Town Meeting Warrant Articles 11-18.

Present before the Board:       Chuck Gricus, Town Planner
                                Anthi Frangiadis
                                Ken Ferriera
                                Tony Scarsciotti

Ms. Frangiadis addressed the Board & stated that all zoning graphics are available on the Town’s website, the Planning Board office, the Clerk’s office, & the library.  She briefly discussed the graphics key.

The Board & the Zoning By-Law Rewrite Committee proceeded to review & discuss the Special Town Meeting Warrant articles.

Article 11 – Revised Zoning Map

Ms. Frangiadis discussed the new zoning map & what it incorporates.  She stated the Planning Board voted Favorable Action 4-0-0.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 11 of the 4/25/05 Special Town Meeting Warrant.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

Article 12 – Wareham Village II

Ms. Frangiadis stated that this is for a new zoning district boundary & re-zones property in MR30 & Village II boundaries.  She stated the purpose of this district is to allow for this area to develop as to what is established as specific zoning & dimensional regulations.

Discussion ensued re:  the impact of new development vs. existing development.  

Ms. Frangiadis stated the Planning Board voted Favorable Action 4-0-0.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 12 of the 4/25/05 Special Town Meeting Warrant.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)
Article 13 – Village I

Ms. Frangiadis stated that this article allows the expansion of the Village I district.  She discussed what this encompasses.  She stated the Planning Board voted Favorable Action 4-0-0.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 13 of the 4/25/05 Special Town Meeting Warrant.   Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

Article 14 – Institutional District

Ms. Frangiadis stated this article allows for the expansion of the Institutional district.  She stated for example, Tobey Hospital doesn’t fall w/in the Institutional district at this time, which it should.  She discussed the need to include this & the boundaries.  She stated changes were made to uses in this district.  Brief discussion ensued.  

Ms. Frangiadis stated the Planning Board voted Favorable Action 4-0-0.

MOTION: Selectman Parola moved Favorable Acton on Article 14 of the 4/25/05 Special Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

NOTE:   Existing zoning maps, existing districts, & proposed districts were displayed in a PowerPoint presentation.  Lengthy discussion ensued re:  maps displayed.

Article 15 – Table of Dimensional Regulations

Ms. Frangiadis stated that amendments have been made from the density/dimensional regulations to districts.

Mr. Ferriera stated that the tables were already adopted at a previous Town Meeting & only the items in bold have changed.  He discussed setback changes to certain districts.  He discussed changes in density regulations to some districts.

Ms. Frangiadis stated the biggest changes were made in village district setbacks.

Ms. Frangiadis discussed the meaning of an accessory building.

MOTION: Selectman Parola moved Favorable Action on Article 15 of the 4/25/05 Special Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Article 16 – Table of Uses/Use Definitions

Ms. Frangiadis stated this article proposes to change use tables that are in bold.  She stated the Planning Board voted Favorable Action 3-1-0 w/ three revisions.  She briefly discussed the revisions.  She stated that the Wareham Village I district – commercial uses would change to a “yes” & banks for Wareham Village II districts would change to a “no.”

Ms. Frangiadis stated a long discussion was held at the Planning Board hearing re:  industrial districts & retail uses w/in.  She stated changes to commercial districts would be held at the Fall Town Meeting.  She stated that discussion has commenced re:  expanding the industrial area.

MOTION: Selectman Pillsbury moved Favorable Action on Article 16 of the 4/25/05 Special Town Meeting Warrant w/ revisions.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Article 17 – Use Regulations

Ms. Frangiadis stated this article revises multiple structures & uses.  She stated the Planning Board voted Favorable Action 4-0-0.

MOTION: Selectman Parola moved Favorable Action on Article 17 of the 4/25/05 Special Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Article 18 – Institutional District

Ms. Frangiadis stated this article revises the definition of Institutional districts that includes changes made by the Committee.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 18 of the 4/25/05 Special Town Meeting Warrant.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

Ms. Frangiadis stated that the Committee would present a discussion on transfer of development rights at Town Meeting.

NOTE:   The meeting proceeded w/ item VIII.  Business – C.  Any other business.

1.      Marine Resources Commission.

Selectman Parola stated at last week’s Conservation Commission meeting a letter from the Marine Resources Commission to GAF was submitted re:  an applicant (Onset Bay Marina).  She stated the MRC was instituted to present a Harbor Management Plan.  She stated the Board of Selectmen as an advisory board appointed the MRC.  She expressed concern that the MRC is going before the Conservation Commission in opposition of some applicants & distributing copies of a memo they sent to the Board.  She feels the MRC are trying to represent the Board on these two applications.  She feels the boards involved are handling this matter.

Selectman Parola stated that she wants to sever any connection that these boards may construe re:  the MRC’s comments.  She expressed concern re:  inferences made by the MRC.  Discussion ensued re:  how to proceed.

The Board members concurred to write a letter to the MRC relative to proper protocol.

The Administrator stated the Board should make it clear to all boards, commissions, etc. that the MRC is only an advisory commission to the Board & other boards, commissions, etc. need to be notified that the MRC doesn’t represent the Board or their feelings.

The Board members concurred to write a letter to other pertinent boards, commissions, et al. re:  the Administrator’s statements.

Selectman Fernandes-Abbott feels the Board may have to revisit the charge of the MRC again.  Discussion ensued.

Selectman Parola asked if the Harbor Management Plan was ever adopted at Town Meeting.  She feels that various boards, commissions, etc. should come in before the Board & discuss/update what they are doing & what their charge is.

The Administrator stated a coastal screening committee was made to screen the comments of other boards, such as the MRC.  He feels the MRC is not following protocol.  Discussion ensued.

The Board members concurred w/ Selectman Parola’s suggestion re:  having boards, commissions, etc. in before the Board for discussions.

2.      Town Meeting Warrant Articles.

A.      Special Town Meeting Warrant Articles.

Articles 19, 20 & 21 – BDOD

MOTION: Selectman Parola moved No Action on Articles 19, 20 & 21 of the 4/25/05 Special Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

B.      Annual Town Meeting Warrant Articles.

Article 19 – Street Acceptance – Portion of Onset Ave.

MOTION: Selectman Parola moved to rescind the Board’s vote on Article 19 & to move No Action on Article 19 of the 4/25/05 Annual Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

C.      Compost Facilities.

Selectman Fernandes-Abbott stated that the Marion Compost Transfer Station is open Tues. through Sat. from 8:00 A.M. to 4:00 P.M. as well as the Rochester Commons Center which is open Wed., Fri., & Sat. 8:00 A.M. to 4:00 P.M.

NOTE:   Selectman Eckstrom asked if the OBA questions would be forwarded to Chief Joyce.  Selectman Sauvageau stated a memo will be sent & the questions will be attached.  Selectman Fernandes-Abbott stated she could forward this material to Chief Joyce tomorrow.

IX.     SELECTMEN’S REPORTS
(NONE)

X.      ADJOURNMENT

MOTION: Selectman Pillsbury moved to adjourn the meeting at 9:30 P.M.  Selectman Parola 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 approval on May 3, 2005.

Attest:  Mary Jane Pillsbury
        Mary Jane Pillsbury, Clerk Pro-Tem
        BOARD OF SELECTMEN

Date signed:  May 3, 2005
Date copy sent to Wareham Free Library:  May 4, 2005