MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: May 10, 2005
Date of Transcription: May 11, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:03 P.M.
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman
Mary Jane Pillsbury, Clerk
Renee Fernandes-Abbott
Cindy Parola
Brenda Eckstrom
Present: Michael Hartman, Town Administrator
II. VOTE TO ACCEPT BID ON BANS
Present before the Board: John Foster, Clerk/Treasurer
Mr. Foster stated the Town went out to bid for $4.2 million in general obligation municipal bonds. He stated the Town received eight bids which all came in below 4%. He stated the lowest bid was from Legg Mason Wood Walker. He discussed what the bonds/BANS are for.
MOTION: Selectman Pillsbury moved as Clerk of the Board of Selectmen for the Town of Wareham, MA to certify that at a meeting of the Board held on May 10, 2005, of which meeting all members of the Board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the Board in her custody; and further, to vote that the sale of the $4,206,000 Municipal Purpose Loan of 2005 Bonds of The Town dated May 15, 2005, to Legg Mason Wood Walker, Inc. at the price of $4,284,800.74 and accrued interest is hereby confirmed and the bonds shall be payable on May 15 of the years and in the principal amounts or mandatory redemption payments and bear interest at the respective rates, as follows, subject to earlier redemption at the option of the Town as
provided in the Preliminary Official Statement dated April 28, 2005:
Year Amount Interest Rate Year Amount Interest Rate
2006 $341,000 3.5% 2015 $250,000 4.00%
2007 340,000 5.00 2016 140,000 3.75
2008 335,000 5.00 2017 140,000 3.85
2009 330,000 4.00 2018 130,000 4.00
2010 330,000 4.00 2019 130,000 4.05
2011 330,000 4.00 2020 130,000 4.05
2012 320,000 4.00 2021 130,000 4.25
2013 320,000 4.00 2022 130,000 4.25
2014 250,000 4.00 2023 130,000 4.25
And further voted that the consent dated May 10, 2005 to the financial advisor bidding for the bonds is hereby confirmed and further, that the Clerk certifies that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the Town at least 48 hours, including Saturdays, but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the bonds were taken in executive session, and that the official record of the meetings was made available to the public promptly and remains available to the
public, all in accordance with G.L. c. 39, s23B as amended. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
III. CITIZENS PARTICIPATION
(NONE)
IV. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Chair be authorized to sign application #30 from Methuen Construction Co., Inc. in the amount of $199,652.21 re: the Wareham Water Pollution Control upgrade project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Pillsbury stated that the WPCF Sewer Construction Committee would be holding a meeting to discuss another change order from the contractor, which will include a request for more time to finish the project.
MOTION: Selectman Pillsbury moved the Chair be authorized to sign invoice #80200798/1 from Camp, Dresser & McKee in the amount of $30,117.66 re: engineering services to perform Phase I infiltration/inflow program for the Town of Wareham. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Parola stated as she understands, monitoring will be conducted this spring for this I/I program. She asked when this would commence. The Administrator stated that CDM has not announced their schedule yet, but they will be advertising it in the newspaper.
2. Approve minutes of previous meetings: 4/19/05 – Regular Session; 4/25/05 – Regular Session; & 5/3/05 – Executive Session.
MOTION: Selectman Pillsbury moved to approve the Regular Session meeting minutes of 4/19/05 as corrected. Selectman Eckstrom seconded.
VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained
MOTION: Selectman Pillsbury moved to approve the Regular Session meeting minutes of 4/25/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved to approve the Executive Session meeting minutes of 5/3/05, but not for release. Selectman Fernandes-Abbott seconded.
VOTE: (4-1-0)
Selectman Eckstrom opposed
B. Appointments: Wareham Historical Commission & Police Feasibility Study Committee.
MOTION: Selectman Pillsbury moved the Board appoint Angela M. Dunham as a member to the Historical Commission to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Dennis A. Damata as a member to the Police Feasibility Study Committee (Police Union Representative) to a term to expire 6/30/07. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
V. TOWN ADMINISTRATOR’S REPORT
1. GATRA Site Analysis for Intermodal Transportation Center. Received letter from Louise Daley, Principal Transportation Planner for SRPEDD, informing the Town of a project GATRA has asked them to undertake. GATRA is looking into locating an Intermodal Transportation Center (ITC) in Wareham that will incorporate the OWL & Peter Pan’s intercity services, as well as other transportation modes that could include commuter rail, pedestrian, bicycle, & taxi.
Potential sites for the ITC are: the Tremont Nail area, Depot St, existing Main St. station, Tobey Rd. sites, Cranberry Plaza, Ocean Spray site at Rte. 28/6, & A.D. Makepeace property near I-195.
The Board has a copy of the letter w/ the scope of work for more information. SRPEDD is asking the Board to nominate a delegate to serve on an ITC study committee to advise the process. It is a three-month study and will require approx. four meetings. If the Board has any suggestions related to the study, they are also welcome.
MOTION: Selectman Pillsbury moved to appoint Selectman Parola to serve as a delegate on the ITC Study Committee and advise the Board w/ reports. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Fernandes-Abbott asked if the Administrator is going to make space allocations in the Multi-Service Center. The Administrator stated he would announce any allocation plans if changes are to be made.
VI. LICENSES & PERMITS
A. Application for a Common Victualer License for Michael & Max, Inc. d/b/a Subway of Wal-Mart, 3005 Cranberry Highway, East Wareham, under the provisions of MGL c. 140.
Present before the Board: Michael Penne
Mr. Penne stated he is proposing to put a Subway in Wal-Mart where the snack bar is presently. He stated Subway would operate the same hours as Wal-Mart. He stated Wal-Mart has merged w/ Subway & they currently have 1,300 Subways in their stores around the country.
Selectman Pillsbury stated the Articles of Incorporation of the corporation should be signed. Mr. Penner stated that his attorney said that they don’t sign this paper anymore because it is all done online. He submitted corporate tax payments to the State to the Board as proof of incorporation.
B. MOTION: Selectman Pillsbury moved the Board approve the application for a Common Victualer License for Michael & Max, Inc. d/b/a Subway of Wal-Mart, 3005 Cranberry Highway, East Wareham, under the provisions of MGL c. 140. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
VII. ANNOUNCEMENTS
A. The next Board of Selectmen meeting will be held on 5/24/05.
B. At the Board of Selectmen’s 5/24/05 meeting, the Police Dept. & the OBA will be present to discuss OBA questions relative to events.
NOTE: Chairman Sauvageau stated the Board should discuss & vote on the sole year-round all-alcoholic liquor license & its applicants. He stated Selectman Pillsbury will not be present at the 5/24/05 Board meeting & Selectman Eckstrom will not be voting. He suggested the Board discuss & vote this matter at the Board’s first meeting in June. The Board concurred to discuss & vote this matter at their fist meeting in June.
Selectman Eckstrom stated that she was told she couldn’t vote on this matter (this license). She stated she researched the Charter, By-laws, & State books to see why she couldn’t vote. She asked if the Board has a policy or By-law relative to this. She feels she should be allowed to abstain herself from voting if she chooses.
Selectman Parola stated this is not a policy, but this issue goes back to hearings relative to these licenses. She briefly discussed what has happened in the past.
The Administrator stated based on the opinion of Town Counsel a few years back, if a Board member hasn’t been a participant in the hearings, they cannot vote.
Chairman Sauvageau stated that Selectman Eckstrom was present for only one applicant hearing & there are four. He added that correspondence from Town Counsel re: this matter can be obtained. The Board concurred. The Administrator stated he would request this correspondence from Town Counsel tomorrow.
VIII. BUSINESS
A. Any other business.
1. Swan Festival.
Selectman Parola stated Anthi Frangiadis, Chairman of the Swan Festival e-mailed her re: the Swan Festival application process & layout issues. She stated Ms. Frangiadis is still working out layout issues w/ the Fire Dept., but once these issues are resolved the application will be submitted.
2. Chapter 40B.
Selectman Parola stated that she received a letter from the Town of Kingston Board of Selectmen re: a non-binding referendum question on their Town Meeting Warrant. She asked that the Board place this on the Wareham Town Meeting Warrant in the spring as well. She stated the question should read “ the Town should vote an amendment to Chapter 40B & manufactured homes should be placed under affordable housing consideration.”
Selectman Fernandes-Abbott would like the Board to invite Representative Williams-Gifford to come & discuss pending legislation before the session is done. She stated she would like to be updated relative to pending legislation that would affect the Town. The Board members concurred. Chairman Sauvageau stated he would contact Representative Williams-Gifford.
Selectman Parola stated that she would change the language in the questions to read “a percentage of manufactured housing.”
3. Cable Advisory Committee.
Selectman Parola applauded the Cable Advisory Committee for their efforts in negotiations w/ ComCast. She read a letter into the record from ComCast re: senior citizen discounts to qualified subscribers. Chairman Sauvageau also commended the Cable Advisory Committee.
4. Commuter Rail Survey.
Selectman Parola stated that Margaret Ishihara has developed an alternative method for the commuter rail survey instead of using just the Internet. She stated that Ms. Ishihara has set up a petition explaining what the rail means, what it would provide, etc. She stated it has been placed in various places in Town & has already been signed by 216 people in support of the rail.
5. Wareham Courier Speak Out Section.
Selectman Eckstrom stated in last week’s Speak Out section of the Wareham Courier there were two complaints made. She stated one was relative to the Community Center in Onset. She researched this matter & stated that the Town doesn’t own this center/property, thus the Town can’t do anything about it. She stated the second complaint was re: trash pick-up at 6:00 A.M. She stated the Town doesn’t have a quiet time rule, but this person could contact the trash company themselves.
Selectman Parola stated it is good cover when someone speaks anonymously. She stated when she was Chair of the Board; she made it a policy to not address anonymous requests, paperwork, etc. She stated this would be up to the current Chair as to how to handle anonymous matters. Chairman Sauvageau stated as Chair, he would not entertain anonymous requests, paperwork, etc.
IX. SELECTMEN’S REPORTS
1. Selectman Parola – The SRPEDD annual meeting will be held next week. She discussed what Town representatives would be attending. She stated Anthi Frangiadis, Planning Board Chair will be receiving a service award & Michael Dukakis will be speaking re: the commuter rail.
Selectman Parola stated that the Tremont Nail Master Plan Committee in efforts to communicate information re: the site & what is being discussed, have voted to send a letter to the Planning Board to keep the Rte. 28 issue in mind as well as the Tremont Nail property when discussing traffic, use, etc.
2. Selectman Sauvageau – Read letter into record from Dr. James Collins, Superintendent of Schools to the School Building Committee re: Peabody Construction & the completion of the Middle School project. The letter in short states that Peabody Construction plans to finish the project by 5/31/05 & that the School District will hold back money until the project is deemed complete & voted as such. The letter states that there are punch item issues that need to be taken care of & final payments to Peabody Construction will be distributed upon completion of these punch list items.
Discussion ensued re: how many change orders there were to this project.
Selectman Sauvageau discussed attending the Planning Board meeting last night in which 40B development was discussed. He stated that the Rock Marsh project was discussed as well as the paving of Brown St.
Selectman Sauvageau stated there is an obligation for the Board of Selectmen to be the first order of business for these types of projects. He feels the Board should support the Planning Board in any way it can.
Selectman Sauvageau suggested the Housing Partnership so share in a function as an advisory to the Board. Lengthy discussion ensued.
Selectman Fernandes-Abbott stated she would supply the Board w/ a draft copy of the Memorandum of Understanding & Partnership guidelines.
Selectman Fernandes-Abbott spoke re: the Rock Marsh project. She stated the Memorandum of Understanding & the Housing Partnership would not apply to this project. She stated this is a Planning Board issue. She expressed frustration that the Planning Board has to look at project as it is presented w/out considering anything else.
Discussion ensued re: a proposal for sidewalks on Brown St.
Selectman Parola expressed concern re: Housing Partnership issues. She stated that the Board has a process for 40B applications. She feels that the process disconnects w/ the Commonwealth of MA beginning w/ 40B processes. She feels Chairman Sauvageau is proposing a better form of partnership. She expressed concern re: eligibility to the Board, not creating a partnership. Discussion ensued.
Selectman Eckstrom discussed the law that 10% of land required for affordable housing. She stated speaking w/ the Assessor re: gaining acreage to get to this 10% & utilizing another part of the law to get to this 10%. Brief discussion ensued.
X. ADJOURNMENT
MOTION: Selectman Pillsbury moved to adjourn the meeting at 8:25 P.M. Selectman Eckstrom 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 24, 2005
Attest: Mary Jane Pillsbury
Mary Jane Pillsbury, Clerk
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date signed: May 24, 2005
Date copy sent to Wareham Free Library: May 25, 2005.
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