MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 11, 2005
Date of Transcription: October 12, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:01 P.M.
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman
Mary Jane Pillsbury, Clerk
Renee Fernandes-Abbott
Cindy Parola
Brenda Eckstrom
Absent: Michael Hartman, Town Administrator
II. PLYMOUTH-CARVER AQUIFER ADVISORY UPDATE
Present before the Board: Marjorie Teitelbaum
Ms. Teitelbaum submitted copies & discussed the Memorandum of Understanding with the Board members (Attached as reference).
Selectman Pillsbury asked if there has been discussion re: types of sewer treatments available, such as package treatment plants. Ms. Teitelbaum stated she would like to hear discussion of this matter. She briefly discussed transfer of development rights & stated there are questions as to what will happen to land under the transfer rights that are not developed?
Selectman Pillsbury stated that the Town’s treatment plant has a certain capacity amount & there are areas in Town that are required, under a designated plan agreement, to be tied into the system. She stated this leaves little capacity left for other areas to be tied into the system. She feels the Board needs to look at a second treatment plant or package treatment plants for areas in need of sewers, but that are not part of the plan agreement. She discussed some positive aspects of package treatment plants if done properly.
Chairman Sauvageau discussed the TDR in Plymouth & how this affects the type of treatment application there will be. He briefly discussed transfer of development rights, which he feels need to contain the issue of addressing sewers. He explained the concept of a TDR, which is to consolidate single-family homes into a small village settlement that could utilize small package treatment plants.
Chairman Sauvageau expressed concern re: the Memorandum of Understanding presented due to its binding language especially in re: to acting jointly w/ other communities in matters pertaining to natural resources. He feels to “act jointly” infers a limitation of action on an individual community. He proceeded to cite other parts of the Memorandum of Understanding that cause him concern, such as the zoning By-law issues.
Chairman Sauvageau asked how many other towns have separate Water Districts such as Wareham has. Ms. Teitelbaum believes there are only three others. Chairman Sauvageau stated that the Town has two separate Water Districts that are funded through taxes. He questioned as to whether this Memorandum of Understanding should be directed to the Water Districts instead of the Board of Selectmen. Ms. Teitelbaum stated the Water Districts cannot deal w/ zoning issues & they do not have the clout the Board of Selectmen has. Chairman Sauvageau stated the Board has no authority over its land use boards.
Ms. Teitelbaum stated she is asking the Board to sign the Memorandum of Understanding so the Board can work together w/ other towns. Discussion ensued. Ms. Teitelbaum added that DEP has agreed to work w/ her committee.
Chairman Sauvageau again expressed concern re: if the Board signs the Memorandum of Understanding they will be getting into legally binding language which includes larger forms of government.
Chairman Sauvageau stated the Board is aware of the TDR issue in Plymouth & other communities. Ms. Teitelbaum expressed concern re: the fact that Wareham is downstream from many of these communities & the projects they are incurring could affect the Town’s water.
Chairman Sauvageau stated he understands the intent & purpose of the presentation by Ms. Teitelbaum, but he is still concerned re: the specifics in the documents presented for the Board to sign.
Selectman Fernandes-Abbott recalled there being discussion re: forming a Water Resource District. She asked if there has been any more discussion on this formation. Brief discussion ensued re: if there has been a legal understanding of this. Selectman Fernandes-Abbott feels this Memorandum of Understanding is moving towards the formation of a Water Resource District.
Chairman Sauvageau asked how many other towns have signed on to this Memorandum of Understanding. Ms. Teitelbaum stated only the Town of Middleboro as far as she knows.
Chairman Sauvageau stated the Board could write a letter of collective support re: the agenda presentation rather than signing the document. Selectman Eckstrom stated if there are concerns w/ this Memorandum of Understanding, the Board could review & offer feedback to the advisory committee.
Selectman Parola stated she shares the concerns of Chairman Sauvageau re: this document becoming legal & binding. She stated the Town’s land use boards, such as the Zoning Board, Conservation Commission, & the Planning Board are inundated w/ all pertaining advisory committee’s that have been created in Town. She expressed concern re: creating an advisory committee that lumps ten communities together to address issues, such as zoning & the fact that they will be making recommendations to all these towns during various processes. Chairman Sauvageau agreed & discussion ensued.
Chairman Sauvageau reiterated what he is willing to do (write a letter of support) w/ re: to the Memorandum of Understanding. Ms. Teitelbaum stated she is looking at the Memorandum of Understanding as a way of getting more information from other towns.
Selectman Pillsbury asked if the language in the Memorandum of Understanding comes from the Town of Mattapoisett and its advisory committee. Ms. Teitelbaum believes so.
Selectman Pillsbury feels there is a place for this committee to find out what other towns are doing, find out what issues that should be addressed, & then possibly create a Master Plan. She feels this could be the charge of the advisory committee, even without the language entailed in the Memorandum of Understanding.
MOTION: Selectman Parola moved the Board allow Selectman Pillsbury to prepare a draft of a charge and memorandum of understanding the Board might be able to ultimately support. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
III. OAK GROVE SCHOOL RESOURCE CENTER PROJECT UPDATE
Present before the Board: Maria Viera Harris
Rose Fontes
Ms. Harris expressed sincere gratitude for the Town’s support to rehabilitate the building for a resource center & location for an early intervention program. She feels the cultural center that will be located in the building will compliment the Head Start Program that will also be utilizing the building. She stated the committee is actively seeking financial donations; mailings of the project were sent. She added that public & private donations would be accepted. She stated that the Town library contains the history of the building & she thanked the library for their time & effort w/ this project.
The Board members offered assistance if & when needed.
IV. CITIZENS PARTICIPATION
(NONE)
V. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve & the Chair be authorized to sign payment estimate #12 (final) to Delray Contracting, Inc. in the amount of $8,600.30 re: the Wareham Wastewater Pump Station Improvements Phase I project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve & the Chair be authorized to sign invoice #80211858/1 from Camp, Dresser & McKee for $10,335.29 re: engineering services for the GS services during sewer construction in the Briarwood Beach area of Wareham. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
B. Approve minutes of previous Regular Session meetings: 8/2/05.
MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 8/2/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C. Appointments: Wareham Cultural Council.
MOTION: Selectman Pillsbury moved the Board appoint Doreen Besso as a member to the Wareham Cultural Council to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Parola asked to go back to item B. Approve minutes of previous meetings. She stated she must abstain from voting on these minutes. A re-vote was taken.
VOTE: (4-0-1)
Selectman Parola abstained
VI. TOWN ADMINISTRATOR’S REPORT
(NONE)
VII. LICENSES & PERMITS
A. Application of the Wareham Fire Department for use of Town roads during its 10th Annual Fire Prevention Open House for the fire truck parade on 10/16/05 from 11:30 A.M. to 12:00 noon from Besse Park to the Main Street fire station. Set up to begin at 11:00 A.M.
MOTION: Selectman Pillsbury moved the Board approve the application of the Wareham Fire Department, c/o Chief McDuffy to hold a fire truck parade on Sunday, Oct. 16, 2005 at 11:30 A.M. beginning at Besse Park to the fire station headquarters. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VIII. ANNOUNCEMENTS
A. The next meeting of the Board of Selectmen/Sewer Commissioners – 10/18/05.
B. Town Meeting – Monday, Oct. 24, 2005 at 7:00 P.M. in the Wareham HS Auditorium.
C. Spinney Library Fundraiser – Spaghetti Dinner on Sat., Oct. 22, 2005 at 5:00 P.M. for first seating & 6:30 P.M. for second seating at the Onset Campgrounds, 339 Onset Ave., Onset in the Recreation Center. Cost is $10.00 p/adult & $5.00 for children under 12.
IX. BUSINESS
NOTE: The meeting proceeded w/ item B. Town of Wareham’s Housing Plan – Vote on Memorandum of Understanding.
Present before the Board: Bill Lockwood
Marilyn Whalley
Ms. Whalley stated the Wareham Affordable Housing Partnership, the Planning Board, & the Board of Selectmen composed the Housing Plan.
Ms. Whalley stated the Housing Plan Committee have been working on this project for almost one year & it came about from a housing needs study approval to set up a partnership. She stated the committee has looked at processes encouraging builders to develop affordable housing as needed. She stated at the present time, the Town is not seeing rentals or units at affordable rates. She stated the committee felt the best way to move forward was to institute a Memorandum of Understanding for the Zoning Board of Appeals & the Board of Selectmen to offer developers which would require them to go to the Housing Partnership first when starting the 40B process.
Mr. Lockwood stated that the Housing Partnership is only an advisory committee & the Board of Appeals has the last say.
Chairman Sauvageau stated he sees this proposal as a two-track system that includes the following:
1. How do we address developers for a project & reduce the conflict & burden between boards; &
2. How do we produce affordable housing ourselves?
Chairman Sauvageau feels this Memorandum of Understanding is a vital first step in pulling the boards together.
Selectman Fernandes-Abbott asked the Board to consider where in the process it wants to be. She discussed the present process. She stated w/ this Memorandum of Understanding, she is unclear as to how this process will work & who will be the first line of defense (the Board or the Housing Partnership).
Selectman Parola suggested a cover letter from the Board go out w/ the Memorandum of Understanding for any 40B applicants, which she feels will be helpful w/ re: the Housing Partnership being the first line of defense in this process. She stated if an applicant does not follow this first line of the process, then a letter of support from the Board for the project would not be forthcoming.
Ms. Whalley stated the State level has indicated the same suggestion of process that has been discussed tonight.
MOTION: Selectman Pillsbury moved the Board approve & authorize the Chair to sign the Memorandum of Understanding for the Town of Wareham, Zoning Board of Appeals, & the Housing Plan Committee. Selectman Parola seconded.
VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained
NOTE: The meeting proceeded w/ item C. West Wareham Strategic Planning Committee (WWSPC) – Warrant articles
Present before the Board: Mike Cicoria, Chairman
Kathy Pappalardo
Paul Willard
The Board members & the WWSPC proceeded to discuss articles from the Special Town Meeting Warrant.
Article 6 – Zoning By-law Amendment: Addition of 740 IND District
Mr. Cicoria displayed pictures to the Board representing examples of what needs to be improved & areas that could be improved relative to industrial. He stated it is recommended that the zoning By-laws be amended to add Section 740 IND District. He stated this would instill small design standards for a better-looking industrial park than what exists today.
Mr. Willard stated questions were asked as to what is acceptable & what is unacceptable so they can be incorporated into the guidelines. He stated the article contains standards that the committee would like to have in place or expanded in West Wareham & the rest of Wareham as a whole.
Selectman Parola stated that the Planning Board & Zoning Board have implemented design standards on an individual basis & these proposed standards were not in place when the existing industrial parks were built out. She feels it is a good thing to have these design standards available. Chairman Sauvageau agreed & feels these standards are an aesthetic value for any business. Brief discussion ensued.
Selectman Pillsbury questioned the insertion of an italicized phrase at the end of 742.1.5.2. Mr. Willard stated that it was not intended to be included and was only a notation. Selectman Pillsbury stated a way must be found to exclude this for a unanimous vote.
Selectman Eckstrom brought forward a problem that has arisen. She stated she believes a decision was made in Town Hall to put articles in the newspaper before they had been voted upon for insertion in the Warrant. She stated only four articles were put in the paper. She stated she does not know if the remaining articles can be placed in the newspaper due to the timeframe listed in the Charter. Chairman Sauvageau stated the local paper did only place four articles in, but most assuredly that all the articles were printed in the Standard Times. He stated he would check on this matter w/ Town Counsel.
MOTION: Selectman Pillsbury moved Favorable Action on Article 6 of the 10/24/05 Special Town Meeting Warrant. Selectman Parola seconded.
VOTE: (3-1-1)
Selectman Eckstrom opposed
Selectman Fernandes-Abbott abstained
Article 5 – Amend Town of Wareham Zoning Map
Mr. Willard stated this article deals w/ the Rte. 28 quarter of the map. He stated this article is a temporary measure to allow time to come up w/ more guidelines & standards for this region. He stated the committee is working w/ a consultant to come up w/ a mixed village area. He stated this article will remove the strip commercial aspect until the final guidelines & standards are provided, hopefully for the annual spring town meeting.
Selectman Parola stated that the guidelines were drafted, but are not yet finalized. She stated this article would address problems rather than let the problems continue. She added that this article contains language that illuminates some ambiguous language.
Selectman Pillsbury expressed the importance for businesses that exist in the area to know they would be grandfathered from new guidelines & their businesses will not be harmed. She stated when the final guidelines are made, all this will be taken into consideration.
Selectman Fernandes-Abbott stated she does not see comments re: an effective date for this article as given for Article 6. Mr. Willard assumes it will take effect right away because MR30 is an existing criterion.
MOTION: Selectman Pillsbury moved Favorable Action on Article 5 of the 10/24/05 Special Town Meeting Warrant. Selectman Parola seconded.
VOTE: (3-1-1)
Selectman Eckstrom opposed
Selectman Fernandes-Abbott abstained
Article 4 – Zoning By-law Amendment: Table of Principal Use Regulations
Mr. Willard stated the WWSPC has not voted on this article as a committee. He stated this is a Zoning Re-write article. He stated although the WWSPC agrees w/ the article, they have not voted on it.
MOTION: Selectman Parola moved No Action on Article 4 of the 10/24/05 Special Town Meeting Warrant. Selectman Pillsbury seconded. No discussion.
VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained
Selectman Fernandes-Abbott stated that she is not abstaining because she is against the articles or the WWSPC and its recommendations, but she has a problem w/ the process.
A. Vote Town Meeting Warrant Articles.
The Board proceeded to discuss & vote the Special Town Meeting Warrant articles.
Article 1 – Parking Meter Maintenance Fund
MOTION: Selectman Pillsbury moved Favorable Action on Article 1 of the 10/24/05 Special Town Meeting Warrant. Selectman Parola seconded. No discussion.
VOTE: Unanimous (5-0-0)
Article 2 – Amend Vote: BDOD Language
MOTION: Selectman Pillsbury moved Favorable Action on Article 2 of the 10/24/05 Special Town Meeting Warrant. Selectman Eckstrom seconded. No discussion.
VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained
Brief discussion ensued re: the vote. Selectman Fernandes-Abbott asked to rescind the previous vote.
MOTION: Selectman Pillsbury moved to rescind the vote on Article 2. Selectman Parola seconded.
No discussion.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved Favorable Action on Article 2 of the 10/24/05 Special Town Meeting Warrant. Selectman Parola seconded. No discussion.
VOTE: Unanimous (5-0-0)
Article 3 – Zoning By-law Amendment: BDOD
MOTION: Selectman Pillsbury moved Favorable Action on Article 3 of the 10/24/05 Special Town Meeting Warrant. Selectman Eckstrom seconded. No discussion.
VOTE: (4-0-1)
Selectman Fernandes-Abbott abstained
Article 7 – Amend Town By-law: Animal Control Rules & Regulations
MOTION: Selectman Parola moved Favorable Action on Article 7 of the 10/24/05 Special Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Discussion ensued re: why this matter is an article that seeks to change the By-law & why this matter can’t be referred to the Board of Health regulations so if the Board of Health changes the regulations, the By-law then won’t have to be changed again.
The Board proceeded to discuss & vote on the Annual Town Meeting Warrant articles.
Article 4 – Rescind Un-issued Balances
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 4 of the 10/24/05 Annual Town Meeting Warrant. Selectman Pillsbury seconded. No discussion.
VOTE: Unanimous (5-0-0)
Article 7 – Sign Materials Acct.
MOTION: Selectman Pillsbury moved Favorable Action on Article 7 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Article 8 – Line Painting Acct.
MOTION: Selectman Pillsbury moved Favorable Action on Article 8 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Article 9 – Chapter 90
MOTION: Selectman Pillsbury moved Favorable Action on Article 9 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Article 15 – Harbors/Beaches Maintenance Acct.
MOTION: Selectman Pillsbury moved No Action on Article 15 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: Unanimous (5-0-0)
Article 16 – Harbormaster Maintenance/Improvement Acct.
MOTION: Selectman Pillsbury moved Favorable Action on Article 16 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Article 19 – By-law Amendment: Pawnbrokers Rate of Interest
MOTION: Selectman Pillsbury moved Favorable Action on Article 19 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Article 20 – Reports of Selectmen/School Committee
MOTION: Selectman Parola moved Favorable Action on Article 20 of the 10/24/05 Annual Town Meeting Warrant. Selectman Pillsbury seconded. No discussion.
VOTE: Unanimous (5-0-0)
Article 21 – All Day Kindergarten Revolving Fund
MOTION: Selectman Pillsbury moved Favorable Action on Article 21 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded. No discussion.
VOTE: Unanimous (5-0-0)
Article 22 – Schools – Replacement of Heating Boilers
MOTION: Selectman Parola moved No Action on Article 22 of the 10/24/05 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
NOTE: Discussion ensued re: Selectman Eckstrom wanting to vote Favorable Action. It was explained that the item was covered in another article.
VOTE: (4-1-0)
Selectman Eckstrom opposed
Article 24 – Town Employees Resident Requirement
Selectman Eckstrom explained that she was told some employees who signed this petition have been threatened w/ their jobs by authority figures. She feels the Board should make a statement that they do not condone these actions re: freedom of speech. She expressed how upset she is re: this matter & if it was not hearsay, she would be looking for action, such as suspensions. Chairman Sauvageau stated if this is hearsay, he does not feel the Board can take action on a presumption. Selectman Pillsbury discussed the process to be followed if this matter has actually happened.
It was the consensus of the Board that this type of behavior is never to be condoned.
Selectman Fernandes-Abbott suggested the Town Clerk notify all the signers of the petition.
D. Any other business.
1. Commuter Rail Study Grant.
Selectman Parola stated that Marie Oliva & she have secured a grant for $50,000 to conduct a commuter rail study for the Town & Buzzards Bay. She stated that the Boston Metropolitan Planning Organization would be conducting the study, which will take approx. seven months. She updated the Board on the results of the commuter rail survey on the Town’s website. She stated at the conclusion of the study, the results will be brought forward to the MBTA by Margaret Ishihara for them to reconsider the issue.
X. SELECTMEN’S REPORTS
(NONE)
XI. ADJOURNMENT
MOTION: Selectman Pillsbury moved to adjourn the meeting at 9:30 P.M. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Respectfully submitted and transcribed by,
Kelly Barrasso
Kelly Barrasso
The aforementioned minutes were submitted to the Board of Selectmen/Sewer Commissioners & approved on: December 20, 2005.
Attest: Mary Jane Pillsbury
Mary Jane Pillsbury, Clerk
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date signed: December 20, 2005
Date copy sent to Wareham Free Library: December 21, 2005.
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