MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: August 16, 2005
Date of Transcription: August 17, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:04 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. RAINFALL MANAGEMENT AREA
Present before the Board: Michael Parola, Harbormaster/Shellfish Constable
Greg Sawyer, Division of Marine Fisheries
Mr. Parola discussed the issue of the Sunset Cove recreational shellfish area, and the need to make it a Rainfall Management Area (Attached as reference).
Mr. Parola stated this status would be permanent for now. Brief discussion ensued re: the issue at Broad Marsh which doesn’t have as many access points as Sunset Cove & the fact that it will be more difficult to manage (relative to shell fishermen).
Mr. Sawyer stated he doesn’t perceive any other areas that will have unusual issues arise at this time.
MOTION: Selectman Pillsbury moved the Board approve the Memorandum of Understanding with the Division of Marine Fisheries to make Sunset Cove a Rainfall Management area and in accordance with the provisions of Chapter 130, Section 52 of the MGL. And subject to special regulations that the waters, flats & all tributaries of that portion of Sunset Cove, south of a line drawn from the “NO SHELLFISHING” sign at the end of Gladstone Road to the “NO SHELLFISHING” sign on the opposite shoreline & north of a line drawn from #21 Over Jordan Road to the southern end of Shell Point. Further, that the above-described area shall be open only when signs state an area is open to shell fishing & when the recorded telephone message (on 291-3100 ext. 3184) states the area is open
to the taking of shellfish. Further, that the recreational permit-holders may harvest no more than one (1) peck of shellfish per week & all other provisions of the rules for taking of shellfish, eels, & sea worms shall apply, & that the open/closure signs are located at the northwestern side of Shell Point parking lot, end of First St, end of Gladstone Road, & Squaws Path. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item VIII. Business – A. Marine Resources Commission (MRC) – discussion on request for signage.
Present before the Board: Michael Parola, Harbormaster/Shellfish Constable
Chairman Sauvageau discussed a letter sent to the Board from the MRC re: warning signs being placed at Shell Point. He read the letter into the record. (Attached as reference).
Mr. Parola stated there were signs posted long ago, but this was stopped approx. five years ago because there has been so much erosion & the danger areas have been filled in. He added that signs are posted going down to the Shell Point parking lot. Mr. Parola advised that no signs be reinstated warning of a steep drop-off because one does not now exist.
Mr. Parola mentioned the two people who drowned early summer. He discussed the dredging survey that was conducted in parts of Onset. He discussed the water depth findings. He expressed positive aspects of dredging this area in the future, which will not only help boaters, but help w/ flushing actions so that the shellfish areas can open up again. He briefly discussed the cost of the survey & that the Town wouldn’t have to pay for the survey until the dredging is done.
Mr. Parola added that there are also warning signs posted at the dingy dock on the pier.
Selectman Parola pointed out the slope of the bottom is now nearly as gradual as that of a swimming pool due to the in-fill.
Selectman Pillsbury suggested a letter be written to the MRC w/ the information provided by Mr. Parola attached. The Board members concurred.
III. CITIZENS PARTICIPATION
Present before the Board: Debbie Phnister
Ms. Phnister stated she received correspondence from the Town Administrator. She read this correspondence into the record.
Ms. Phnister questioned whether, based on the Town Administrator’s response, if her information was actually received by Town Counsel. She stated she wrote a letter yesterday asking Town Counsel for their input and if they had received her material.
Ms. Phnister stated she reviewed the Town Charter & the Town By-Laws re: permits for road openings & Board of Selectmen agents. Selectman Pillsbury stated the only time the Board would have an agent would be if Mr. Gifford, Municipal Maintenance Director, for street opening permits. She briefly discussed what a street opening permit is. The Town Administrator explained street opening permits.
Ms. Phnister stated that Elizabeth St. has turned into a driveway & she thought this needed to have Town Meeting approval.
Selectman Pillsbury stated that she feels that is not using Citizens Participation as intended. She feels there is a need to find a way to work this matter out, but not in Citizen’s Participation because the Board of Selectmen has no authority over this matter. She stated the Board does not have the authority to change this project. She added that she is not comfortable w/ the driveway issue either, but the Board cannot do anything about it. Chairman Sauvageau stated that the Board is not the body to address this matter.
Ms. Phnister stated she realizes now that the Board has no control over any other boards in Town. She just wanted to tell the Board that she received the information from the Town Administrator & she understands the Board can’t do anything about this matter & she will end these discussions w/ the Board.
IV. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve invoice #80208601/36 from Camp, Dresser & McKee in the amount of $13,905.30 re: engineering services to provide construction & O&M services for the Wareham WPCF upgrade resident project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80208602/18 from Camp, Dresser & McKee in the amount of $1,836.47 re: engineering services for the bidding, permitting, & construction services for the Weweantic Shores sewer project. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80208600/51 from Camp, Dresser & McKee in the amount of $25,116.50 re: engineering services to provide construction & O&M services for the Wareham WPCF upgrade project basic services portion of bidding. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80208345/4 from Camp, Dresser & McKee in the amount of $12,644.07 re: engineering services to perform Phase I Infiltration/Inflow Program for the Town of Wareham. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Pillsbury stated she spoke to the Administrator re: the bill tabled last meeting from Methuen Construction Co., Inc. & she was informed the bill is in line w/ what has been discussed & it will not be a problem to go ahead & approve.
MOTION: Selectman Pillsbury moved the Board approve Application #34 from Methuen Construction Co., Inc. in the amount of $138,671.99 re: Wareham WPCF upgrade project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: The Administrator stated the bill that was tabled last meeting was Application #33. Selectman Pillsbury stated she was not aware there was a subsequent bill #34 that had come in. Brief discussion ensued.
MOTION: Selectman Pillsbury moved the Board approve Application #33 from Methuen Construction Co., Inc. in the amount of $733,102.70 re: Wareham WPCF upgrade project. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
B. Approve minutes from previous Regular Session meetings: 7/5/05 & 8/2/05.
MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 7/5/05. Selectman Eckstrom seconded.
VOTE: (3-0-2)
Selectmen Parola & Fernandes-Abbott abstained
NOTE: The Board concurred to table approving the minutes of 8/2/05.
C. Appointments: Board of Health & Conservation Commission.
MOTION: Selectman Pillsbury moved the Board appoint Robert Savery as an Associate member to the Board of Health to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Michael Ponte as a member to the Conservation Commission to a term to expire 6/30/08. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
D. Appointment of election & poll workers.
MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded to appoint the following election/poll workers to terms to expire 6/30/06:
Precinct One:
Officers: Phoebe Sherman, Warden, Glenn Sherman, Deputy Warden, Judith Niemi, Clerk, Joanne Savastano, Deputy Clerk;
Poll Workers: Kathleen Clements, Marie Cooney, Mary LaFlamme, June Lynch, & Hazel Tabor.
Precinct Two:
Officers: Barbara Porter, Warden, Joann R. Senna, Deputy Warden, Eleanor C. Senay, Clerk, & Marlene DeCoster, Deputy Clerk;
Poll Workers: Shirley Eldridge, Sheila Evans, Marjorie Fitzgerald, Mary Paulette, Linda Perkoski, & Diane M. Wolstencroft.
Precinct Three:
Officers: Joanna DaSilva, Warden, Margaret Gomes, Deputy Warden, Billie Sleightholm, Clerk, & Elizabeth Morrison, Deputy Clerk.
Poll Workers: Geraldine Barrows, Robert DaSilva, Patricia Evans, Anne Hunter, Deborah J. Rose, & Gertrude Sullivan.
Precinct Four:
Officers: Dorothy Vicino, Warden & John Durham, Clerk.
Poll Workers: Elaine Butler, Paulette Chiaraluce, Antone Fernandes, Sherren Frazier, Brandy Gomes, Patricia Harju-Zimmer, Diane Lazarus, Laura Lopes, Lynn Peterson, Jeanette Pitts, Deborah A. Soule, Francis Vicino, & Susan Wells.
Precinct Five:
Officers: Lorraine Gregoire, Warden, Kim McNair, Deputy Warden, Katherine Britt, Clerk, & Leonora Fernandes, Deputy Clerk.
Poll Workers: George Choquette, Theresa A. Gregoire, Hannah Gregoire, Barbara Hunter, Katherine Kawa, Anna T. Nelson, Joyce Viega, & Norma White.
Precinct Six:
Officers: Robert Joy, Warden, Elizabeth Diliddo, Deputy Warden & NanC Marshall, Clerk.
Poll Workers: Julianne C. Cummings, Alberta Joy, Carol MacGray, James A. Magnan, Frances Murphy, James B. Newman, Nancy Schultz, & Peter A. Spetrini.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved & Selectman Parola seconded to appoint Jack M. Silva as a poll worker for Precinct Four.
VOTE: Unanimous (5-0-0)
V. TOWN ADMINISTRATOR’S REPORT
1. CDBG Mini-Entitlement Grant #5689. Asked the Board to approve a CDBG Block FY2005 grant to the Town. This standard contract requires the vote of the Board & the Chair’s signature in order to proceed. The contract is for $508,000 & will run through 6/30/08.
MOTION: Selectman Pillsbury moved the Board approve the contract between the Town of Wareham & the MA Department of Community Development (DHCD) for CDBG Grant #5689 in the amount of $508,000 & to authorize the Chair to sign said contract on behalf of the Board. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
2. Wareham Plaza Offsite Traffic & Safety Improvements. The Board has received agreements between the Commonwealth of MA & the Town of Wareham & the Town of Wareham & Wareham Plaza Associates, LLC for the traffic control signal & geometric improvements at the intersection of Marion Rd. & the Wareham Plaza. This agreement is similar to the one the Board signed w/ Home Depot & Tedeschi Darman for the projects on Cranberry Highway to address traffic concerns.
MOTION: Selectman Pillsbury moved the Board approve the agreements between the Commonwealth of MA & the Town of Wareham & the Town of Wareham & Wareham Plaza Associates, LLC for offsite traffic & safety improvements to Marion Rd. & the Wareham Plaza. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
3. Chapter 61A Notice – Pope’s Pond Cranberry Co., Inc. A property on Great Neck Rd., Lot 1012A, Map 41, is being taken out of Chapter 61A for residential use. As per the Board’s policy, this information was forwarded to the Board of Assessors, Conservation Commission, & the Planning Board. The thirty days have passed & there are no recommendations from these boards. The rollback taxes for this property are $299.72.
MOTION: Selectman Pillsbury moved the Board vote to not exercise its option to purchase Lot 1012A, Map 41, Great Neck Rd., Wareham, MA, under Chapter 61A. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
4. Sewer Extension Permit – Rock Marsh Subdivision. The Board has received a report from David Simmons, WPCF Superintendent/Chief Operator re: a sewer extension permit for Rock Marsh subdivision on Brown St. The application has been submitted to DEP, but we have not heard from them at the time of this report. Mr. Simmons has reviewed the application and, if the Board approves it, he recommends it be w/ the conditions proposed.
Selectman Fernandes-Abbott asked if this is a true sewer extension. The Administrator discussed & stated that DEP had designated this project as in need of a sewer extension. He stated the capacity for this project was included in the sewer plant upgrade plan for 14 units.
Selectman Parola expressed concern re: part of Brown St. remaining unpaved w/ manholes being on this unpaved road. The Administrator stated the road would have to be graded. He added that the gravel road was part of the Planning Board conditions for the project. He discussed the Rose Point area & street paving.
Selectman Pillsbury stated that the Rose Point area has many streets & paving would be needed to maintain the integrity of sewer manholes. She feels this roadway (Brown St.) is a small confined area & was one of the concessions made to not have this project become a 40B w/ 44 units. She understands the concerns of Selectman Parola, but she believes this is an issue the Board will have to let go.
Chairman Sauvageau agreed this issue was a trade w/ the Planning Board as a condition so this project wouldn’t become a 40B.
Selectman Parola stated extra care is needed for the portion of the road that will not be paved. Brief discussion ensued.
MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded that the Board approve the sewer extension permit for Rock Marsh subdivision, Brown St., Wareham, MA, subject to the approval of the application by DEP & to include the following conditions:
? The SSDC is paid in total, upfront upon approval from DEP.
? Upon application of the building permit, the sewer connection fee of $100/unit shall be paid.
? A licensed drain layer in the Town of Wareham will make all service connections from each unit to the collection system.
? A set of engineered as-built drawings shall be submitted to the Sewer Dept. w/ all the lateral locations, grades, slopes, etc. shown.
? All piping shall be bedded in stone.
? All lines shall be low-pressure tested & the results submitted to the Sewer Dept.
? All manhole covers are to be watertight & the Sewer Dept. shall review the specifications prior to their installation.
VOTE: Unanimous (5-0-0)
VI. LICENSES & PERMITS
A. Application of Cup of the Bay 2, Inc., Roland Leary, 3175 Cranberry Highway, East Wareham for a Common Victualler’s License, under the provisions of MGL, c.140.
Present before the Board: Roland Leary
Kathy Leary
Ms. Leary stated they are opening a second location on Cranberry Highway & they are coming close to the end of the project.
Mr. Leary stated that they hope to open in two weeks pending approval of the Building Inspector. He briefly discussed the punch list items to be finished.
Ms. Leary discussed the location & hours of operation.
MOTION: Selectman Pillsbury moved the Board approve the application of Cup of the Bay 2, Inc., Roland Leary, 3175 Cranberry Highway, East Wareham for a Common Victualler’s License, under the provisions of MGL, c.140. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
VII. ANNOUNCEMENTS
A. The next meeting of the Board of Selectmen/Sewer Commissioners: Beginning w/ the 9/6/05 meeting, the Board will meet weekly until Town Meeting commences.
VIII. BUSINESS
A. Done
B. Discussion on rescinding Board policy #88-02 & #89-08.
Chairman Sauvageau stated he drafted policy #05-02 to replace policy #88-02 & 89-08 if the Board agrees. The policy is in re: to access to Town Counsel. He stated over the past few months some issues have arisen that he feels require a change in this policy. He briefly discussed the issues/incidents that prompted his feeling that the policy should be changed.
Selectman Pillsbury stated she finds only one issue w/ the old policy. She stated she understands that she could go to the Town Administrator or the Chair for permission to access Town Counsel. She feels this needs clarifying in the old policy. She is unsure as to whether the Board wants to amend the old policy because it has worked for so long.
Selectman Fernandes-Abbott agreed w/ Selectman Pillsbury. She added that policy #89-08 is an addition to policy #88-02. Discussion ensued. Selectman Fernandes-Abbott noted that #89-08 clarified the issue Selectman Pillsbury raised. Selectman Pillsbury agreed.
Selectman Eckstrom feels that an issue that needs to be clarified is that although she can go to the Chair & ask permission to access Town Counsel, the original policy states she can only go to the Chair to ask permission & the Chair can deny the request. Selectman Parola feels as a Chair, the request would never be denied due to the chance to receive additional information.
Chairman Sauvageau agreed w/ Selectman Eckstrom. He discussed that he understands the protocol. For example, as he understands, the Chair can access Town Counsel anytime & Board members have to ask the chair first. Selectmen Pillsbury, Fernandes-Abbott, & Parola all stated they do not read the policy this way & discussed. Their view is that the reason for asking the chair is not to get approval, but to provide a “clearing house” for information.
Chairman Sauvageau stated he, as Chair will not deny access of Board members to Town Counsel.
Selectman Pillsbury stated that Board members seeking Town Counsel need to share their information w/ the Chair & in turn, the Chair needs to share this information w/ the other Board members. This method of information provides a level playing field when all the Selectmen know what is going on.
Chairman Sauvageau discussed the first paragraph on the new policy draft. Discussion ensued. Selectman Parola expressed concern re: a dept. head affiliated w/ a Town board seeking Town Counsel through the Town Administrator & the Board of Selectmen Chair & then the Chair of another board seeking Town Counsel. She feels this would be two times that Town Counsel is accessed for the same issue. Selectman Pillsbury feels the policy is written this way because the Town Administrator is the Board’s agent.
MOTION: Selectman Eckstrom moved the Board revise policy #88-02 & #89-08 to replace w/ policy #05-02.
NOTE: There was no second, thus the motion failed to carry.
C. Any other business.
1. Board of Selectmen meeting schedule.
Selectman Pillsbury stated historically, September is a slow month before Town Meeting until the FinCom gets information to the Board relative to the Warrant.
Selectman Eckstrom suggested meeting on 9/6/05 & review from there. Brief discussion ensued.
The Board members concurred to meet on 9/6/05 & 9/13/05 & once the Warrant closes, determine the Board schedule from there.
2. Motion re: adopting policy #05-01.
Selectman Pillsbury stated that a correction is required to the motion made at the last meeting for policy #05-01.
MOTION: Selectman Pillsbury moved the Board rescind policy #02-06 & vote to adopt policy #05-01 in its place. Selectman Eckstrom seconded.
VOTE: (4-0-1)
Selectman Parola abstained
3. Tae-Tae’s remand hearing.
Selectman Pillsbury asked if the Tae-Tae’s remand hearing has been scheduled. Chairman Sauvageau stated that Town Counsel is checking w/ Tae Tae’s for schedule date.
4. Brown Street.
Selectman Parola stated she feels the Board should consider making the unpaved portion of Brown St. a one-way. Discussion ensued. Selectman Pillsbury stated that this suggestion could be sent to Chief Joyce and Mark Gifford for comment. The Board members concurred. The Administrator stated he would contact Chief Joyce and Mark Gifford.
5. Agawam Beach sewer project.
Selectman Parola stated that there are several areas left on the sewer project list. She stated the Board previously moved Rose Point up the list. She suggested moving Agawam Beach up the list. She feels this area has built up quickly. She stated the Agawam Beach area water samples have gone up negatively. There is a lot of building going on, many seasonal conversions, & there are water quality issues in this area. She asked if the Board of Health could move this area up the list.
Selectman Eckstrom feels the Board should see what area is next on the list.
The Administrator discussed the protocol to push a project up the list & he agreed to a possible review of the remaining sewer plan. The Board concurred to request the Administrator to review the remainder of the sewer plan.
6. Cromesett Rd.
Selectman Parola asked the Administrator when Cromesett Rd. would be taken care of. The Administrator stated there is a pole hearing tomorrow. Brief discussion ensued.
6. Otis Air Force Base.
Selectman Parola discussed information that will be distributed by Bill Delahunt re: saving Otis Air Force Base.
7. Rochester rock crushing project.
Selectman Eckstrom stated there were four appeals filed re: this project & two of these appeals were from the developer himself. She stated the Rochester By-Laws offer to bring these appeals before the ZBA ten days after filing w/ the Superior Court. She stated Town Counsel has stated that the ZBA can change the conditions placed by the Planning Board.
Selectman Eckstrom asked the Board if town counsel should attend these meetings to make sure the Town’s interests are protected. She stated these meetings would be held on 9/8/05 & 9/22/05.
Selectman Fernandes-Abbott asked if Kopelman & Paige are Town Counsel to Rochester. The Administrator stated “No” not for two years now. He added that if the Memorandum of Understanding were changed, this would affect the area.
Selectman Parola stated she has no problem w/ having Town Counsel attend the meetings as long as the Pierceville residents understand that town counsel is not representing them. She suggested they should work with their own board of selectmen.
Chairman Sauvageau expressed concern that the town has not utilized town counsel during this entire situation. Selectman Parola stated that this is a situation where something is going to happen on the Town’s borders that will impact exponentially some Town residents. She stated that 99% of this situation has been out of the Town’s hands.
Chairman Sauvageau stated he would rather have Town Counsel at the meetings instead of going into litigation. The Administrator stated that having Town Counsel present at the meetings would present a budget issue. He stated Town Counsel will just be there to monitor & Town Counsel won’t be granted legal standing. Discussion ensued.
Selectman Fernandes-Abbott suggested that someone from the planning department could monitor the meetings instead of town counsel. Selectman Pillsbury said that normally she would agree that the cost was too much, but in this instance the Board needs counsel to attend whereby sending a strong message that we intent to protect our rights.
The Board members concurred to have the Administrator direct Town Counsel to attend these hearings.
8. CORI checks.
Selectman Eckstrom suggested that the Board might want to have CORI checks on other licenses such as amusement licenses. She stated right now CORI checks are limited to liquor licenses & cab drivers.
Selectman Pillsbury stated the Administrator requires CORI checks in certain other areas & certain employees. She stated town counsel has recommended it be done for volunteers as well, especially those who work with children.
Chairman Sauvageau suggested Selectman Eckstrom draft something for the Board to review. Selectman Eckstrom stated she would.
Selectman Parola reminded the Board that CORI checks are for license holders only, not the employees.
IX. SELECTMEN’S REPORTS
(NONE)
X. ADJOURNMENT
MOTION: Selectman Pillsbury moved to adjourn the meeting at 9:01 P.M. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
Respectfully submitted and transcribed by,
Kelly Barrasso
Kelly Barrasso
The Board of Selectmen/Sewer Commissioners approved the foregoing minutes on September 6, 2005.
Attest: Mary Jane Pillsbury
Mary Jane Pillsbury, Clerk
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date signed: September 6, 2005
Date copy sent to Wareham Free Library: September 7, 2005
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