MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 18, 2005
Date of Transcription: October 19, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:10 P.M.
MOTION: Selectman Eckstrom moved that Selectman Parola be Clerk Pro Tem for this meeting. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman
Cindy Parola, Clerk Pro Tem
Renee Fernandes-Abbott
Brenda Eckstrom
Selectman Absent: Mary Jane Pillsbury
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the Board: James Demers
Mr. Demers stated he moved two weeks ago to Town at 2 Burns Circle. He stated he made appointments w/ ComCast & Verizon for utility hook-ups. He stated he ultimately was told that he could not receive services due to distance issues to main connectors. He stated he takes courses over the Internet, which is very important.
Mr. Demers discussed a conversation he had w/ Mary O’Keefe of ComCast who suggested he approach the Board.
Chairman Sauvageau stated the Board has had correspondence w/ ComCast relative to Burns Circle dated 719/05. He read said correspondence into the record. He stated at this point the Board has made ComCast aware of the situation in this area & it is the responsibility of ComCast to bear the costs. He briefly noted the new contract between the Town & ComCast.
Mr. Demers stated ComCast told him that they deal w/ situations such as this on a case-by-case basis & the Town had made an exception for the Beach St. area. Chairman Sauvageau stated ComCast is suggesting the Town bear the cost. He stated there are other residents that live outside boundaries of these services & he does not feel the Board should set a precedent by paying for all these services to the outlying areas. He stated this is an issue between ComCast & the Town & he does not feel it is right.
Selectman Parola stated that the Beach St. extension was on the Middleboro line, but the Town’s line was not close enough. She stated the Beach St. area was given permission to connect to the extension hub in Middleboro. She stated Mr. Demers is asking that he be allowed to access the extension lines in Middleboro. She does not feel there should be any cost for this connection. She stated Mr. Demers needs Internet access more than television cable access. She feels the Board should write a letter on Mr. Demers' behalf.
Chairman Sauvageau stated that ComCast has indicated that if Burns Circle is to be connected, the Town will have to pay. He asked, if the question is having Mr. Demers connect to the Middleboro side, why this is a Town issue. Selectman Eckstrom stated that Mr. Demers would need a waiver from the Town for him to connect in Middleboro.
The Administrator suggested the Board exploring this matter w/ special counsel for the Town w/ ComCast in writing a letter to provide the service under special circumstances for this customer.
Chairman Sauvageau stated he understands Mr. Demers' dilemma, but he expressed concern community-wide in establishing a precedent w/ ComCast w/ re: to outlying areas. Mr. Demers stated he would sign a waiver if needed. The Administrator stated that he would advocate that ComCast not waive their responsibility.
Discussion ensued. The Board members concurred to have the Administrator draft a letter to special counsel on behalf of the Town to ComCast, which would include language specific to this case.
Present before the Board: Jim Newman
Mr. Newman asked the Board if they would be attending the Veterans Day Parade at 1:00 P.M. He briefly discussed the parade route. He asked that the Administrator be a judge. Selectmen Parola & Fernandes-Abbott stated they would be in the parade.
III. CONSENT AGENDA (NONE)
IV. TOWN ADMINISTRATOR’S REPORT
1. Special Municipal Employee Status. Asked the Board to consider the request of the Wareham School Committee to designate school coaches & advisors Special Municipal Employee status. Currently, at least one coach &/or advisor is employed by another Town Dept. Although individuals may wish to volunteer their time to assist students w/ these services, it is the understanding that State law requires that they be paid.
MOTION: Selectman Parola moved that the Board grant Special Municipal Employee status to school coaches & advisors. Selectman Eckstrom seconded.
VOTE: Unanimous (4-0-0)
2. FY2006 Quarter Bourne Sewer Usage Billing. Asked the Board to approve a sewer bill to Bourne for $56,013.15. This includes Bourne’s share of the treatment plant ($48,245.05) & pumping stations ($7,768.10).
MOTION: Selectman Parola moved the Board approve the second quarter Fiscal 2006 sewer use bill to the Town of Bourne for $56,013.15 & to commit this amount to the Town Treasurer/Collector. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
3. Wareham Fire District Water Department. Communication was received by the Administrator from the Wareham Water Dept. for reimbursement of some shared work performed re: the Rose Point project. There is a preliminary figure & the matter was referred to CDM to review. Information that is more definitive will be provided to the Board at a later meeting.
4. Special Municipal Employee – Onset Fire District Appointment. The Administrator has not discussed this matter w/ Town Counsel as of yet. This Onset Fire District employee is on the Prudential Committee & has been hired as an Administrative Assistant to the Treasurer. The recommendation of the Onset District’s counsel is to name all members of the Prudential Committee as having Special Municipal status. The Administrator would like to discuss this matter w/ Town Counsel. Additionally, only the Board can give the status of special municipal employee.
Chairman Sauvageau feels this is inconsistent w/ what the Board has done in the past (wholesale naming) of an entire board giving them special municipal status. He stated he is not in favor of doing this.
5. Approve Police Contract. An agreement was reached w/ the Police Union & the Superior Officers’ Union, which remain consistently the same. The breakdown of rate increases are as follows:
1. 7/1/04 – 1%
2. 1/1/05 – 2%
3. 7/1/05 – 1.5%
4. 1/1/06 – 1.25%
5. 7/1/06 – 1.8%
6. 1/1/07 – 1.2%
An agreement was also made to introduce a new intermediate STEP @ 72 months @ 3%.
The economic conditions of the Superior Officers’ Union remain the same.
The Board needs to ratify the contract in the amount of $95,000, which is retroactive to 7/1/04.
MOTION: Selectman Fernandes-Abbott moved the Board ratify the agreement made between the Town of Wareham Police Union in the percentage rates as stated by the Administrator & retroactive to 7/1/04 & to also ratify the agreement made between the Town of Wareham & the Superior Officers’ Union & to further, approve a new STEP #6. Selectman Eckstrom seconded.
VOTE: (3-0-1)
Selectman Parola abstained
V. LICENSES & PERMITS
(NONE)
VI. ANNOUNCEMENTS
A. Town Meeting begins at 7:00 P.M in the auditorium of the Wareham High School on Monday, 10/24/05. The Board will meet at 6:00 P.M. on Monday, 10/24/05.
B. The Annual Halloween Parade will be held on 10/29/05 (rain date 10/30/05) at 10:00 A.M. beginning at the Main St. Fire Station & ending at the Town Hall parking lot. Awards & prizes to all who participate. For more information, call 508-291-3100 ext. 3159 or ext. 6521.
C. The Wareham Water Pollution Control Facility ribbon cutting ceremony will commence on 10/22/05 at 10:00 A.M. at the facility on Tony’s Lane.
VII. BUSINESS
A. Community Preservation Committee Articles on Fall Town Meeting Warrant.
Present before the Board: Susan Pizzolato, Community Preservation Committee
Donald Hall, Community Preservation Committee
Article 23 – Community Preservation Budget & Appropriations
Ms. Pizzolato discussed article 23. She stated the budget & appropriations are in draft form, but the committee will be meeting on 10/19 to vote on the article & its contents.
Ms. Pizzolato proceeded to report on the budget & appropriations (Attached as referenced).
Selectman Fernandes-Abbott asked what the debt service is for the Tremont Nail property. Ms. Pizzolato stated it is $160,770 and this includes principal & interest.
Selectman Eckstrom asked why the appropriations were not presented as separate articles. Ms. Pizzolato stated the committee has agreed to this way of presenting & they only separate appropriations when it deals w/ acquisition of land. Selectman Eckstrom stated according to the Charter, each request for each item would be submitted separately by petition. She feels that voters may feel they have vote all or nothing the way this is presented. Ms. Pizzolato stated that voters could not increase the dollar amounts. The committee has presented appropriations up to this point in this same manner. She stated the committee could look into the issue brought forward by Selectmen Eckstrom so there is no confusion.
Chairman Sauvageau stated the committee granted $30,000 in the past for a survey of the Westfield Recreation Complex. He asked if there have been any results of the survey. Ms. Pizzolato stated that the survey is 85% complete. She stated 15 acres of this property are already utilized & is not part of the 70 acres in which the survey is being based on. She discussed the timeframe for work to commence on this property once the article is approved. She estimates the fields to be playable by the spring of 2007 if all goes according to plan.
Selectman Fernandes-Abbott spoke of the up-coming Town re-evaluation for property values, which will be increasing. She stated that Community Preservation funding is such that the first $100,000 of a property’s value is exempt from this funding. She feels the committee may have to re-visit the matter of increasing the exemption amount due to the impending re-evaluation. She feels, based on the estimated property values, the Community Preservation funds will increase & more people will be obligated to pay into the Community Preservation Fund. Ms. Pizzolato stated the committee wants to strike a balance w/ taxpayers & the funding of the Community Preservation Fund. She stated there are different scenarios that can be looked at, such as what other towns have done w/ various exemptions.
She stated those who may feel strapped, can possibly get relief through the Housing Partnership & Community Development.
Chairman Sauvageau stated land that the Town/committee wishes to purchase is also increasing as well as maintenance & value. He stated the Community Preservation tax that residents’ pay is important to purchase land, affordable housing, etc. Ms. Pizzolato stated the purpose of this fund is to enhance the community & preserve historic areas, not how much money is brought in.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 23 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
NOTE: Selectman Eckstrom stated she will be opposing this article because she feels the appropriations should be separated & the supporting documents that should have been submitted for the Special Town Meeting Warrant by the date depicted was submitted at a later time. She feels this article should have been submitted on schedule. Selectman Fernandes-Abbott stated that when the Town Meeting Warrant was closed, this article was on there. Selectman Eckstrom stated that all articles are petition articles. The Administrator disagreed. Selectman Eckstrom read a portion of the Charter relative to petition articles, thus she feels this article should have been on the Special Town Meeting Warrant.
VOTE: (3-1-0)
Selectman Eckstrom opposed
B. Vote Town Meeting Warrant Articles.
Article 1 – Supplemental Budget
The Administrator stated the total for this article is $1,222,852. He stated the amount comprises the following:
1. $495,542 for schools;
2. $597,3120 for snow & ice; &
3. $130,000 for police cruisers.
The Administrator stated that Free Cash has yet to be certified, but those who certify the cash are aware of the Town’s Town Meeting date. He added that the estimate free cash is more than the amount shown above.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 1 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
VOTE: Unanimous (4-0-0)
The Administrator noted that the Town received approx. $203,000 from FEMA for snow & ice last year which was more than expected.
Article 2 – Stabilization Fund
The Administrator stated the FinCom has recommended $25,000 be placed into this fund due to the fact that Moody’s is considering increasing the Town’s bond rating & they look at the Town placing more money into this account. He stated estimates with this $25,000 the fund will have a total of $525,000.
MOTION: Selectman Parola moved Favorable Action on Article 2 of the 10/24/05 Town Meeting Warrant. Selectman Eckstrom seconded.
VOTE: Unanimous (4-0-0)
Article 3 – Capital Improvements
The Administrator discussed the following capital items totaling $161,000:
1. $75,000 from borrowing for the Town Hall heating unit;
2. $25,000 from borrowing for the school boilers at Decas School w/ a transfer of $51,000 from an existing capital article for heating; &
3. $10,000 for the Town Hall roof (Articles 11 & 12) from old capital articles from the Town Hall elevator study.
The Administrator discussed the issue of the Town Hall roof & how the Capital Committee cam to the conclusion of conducting a study from a professional roofer to analyze the roof. He stated the Municipal Maintenance Director is leaning towards a slate roof.
Selectman Eckstrom asked re: money for the school boilers & if this will be enough. The Administrator stated the schools have stated they will make this amount work.
NOTE: The Board proceeded to vote on Articles 11, 12 & 13 relative to capital items.
MOTION: Selectman Fernandes-Abbott moved No Action on Articles 11, 12, & 13 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Parola moved Favorable Action on Article 3 of the 10/24/05 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: (3-1-0)
Selectman Eckstrom opposed
Article 5 – Fund Personnel Plan Economic Conditions
The Administrator stated this issue has not been acted upon by the Personnel Board, but has been compiled. He feels they will endorse this article. Selectman Fernandes-Abbott would like to see the economic conditions before she votes. The Administrator stated that they are not in any form to be reviewed at this time. He stated the actual Personnel Plan is in draft form, but he can provide the specifics. Selectman Fernandes-Abbott asked if there are any of the conditions in the Personnel Plan that the Board has not seen. The Administrator stated there is $7,800 related to changes to the plan due to a job study, but the $7,800 is included in the total amount of the contract. Selectman Fernandes-Abbott feels this is putting the cart before the horse w/ the Board voting on it at this time.
The Administrator stated the Charter states the Personnel Board owns this plan, not the Board. Selectman Fernandes-Abbott stated she is more interested in the changes of the contract, for example, the changes to the STEP of the grades and where positions are with regard to assignment of grades. She stated she could vote in favor, but not be in favor of the plan.
Selectman Fernandes-Abbott stated she is concerned re: not having all the information. The Administrator stated the Board is only voting for the appropriation & the Personnel Plan is only in draft form. Selectman Fernandes-Abbott asked if it would be appropriate at Town Meeting to have the article amended by $7,8000 that are related to other issues other than economic conditions. The Administrator stated when he receives a copy of the Plan he can share it w/ the Board.
MOTION: Selectman Eckstrom moved Favorable Action on Article 5 of the 10/24/05 Town Meeting Warrant.
NOTE: There was no second to the motion & not other motion made.
Discussion ensued re: whether to deal w/ this before Town Meeting. Selectman Fernandes-Abbott stated there is $7,800 in monies that are related to something other than economic conditions that the Board has no information on. She would like to see this information. The Board concurred to bring this matter forward on 10/24/05.
Article 6 – Fund Wareham Police Union Economic Conditions
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 6 of the 10/24/05 Town Meeting Warrant. Selectman Eckstrom seconded.
VOTE: (3-0-1)
Selectman Parola abstained
Article 10 – Barber Surf Rake Purchase
The Administrator stated the Capital Planning Committee has recommended transferring the following amounts for a total of $48,550:
1. $12,500 from Beaches Improvement Fund;
2. $15,000 from Waterways Improvement Fund; &
3. $21,050 from old capital article re: dredging.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 10 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
VOTE: (3-1-0)
Selectman Eckstrom opposed
Article 14 – 2005 Bombardier Purchase
The Administrator discussed transferring $ from ten different sources which he discussed. He stated this article totals $101,000. He added that this existing piece of equipment is 37 years old & no parts are made for it anymore. He stated that this piece of equipment plows the sidewalks. He discussed State specifications for this model.
Selectman Fernandes-Abbott stated that this article is looking at re-appropriation of money & she feels it could have gone to other areas of need. The Administrator stated the Capital Planning Committee looked at school & capital monies & all these ten money transfers are from capital.
MOTION: Selectman Parola moved Favorable Action on Article 14 of the 10/24/05 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: (3-1-0)
Selectman Eckstrom opposed
Article 17 – Septic System Funding Program
The Administrator stated the $200,000 for this article is borrowed from the Water/Sewer Abatement Trust from the State level.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 17 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
NOTE: Selectman Eckstrom stated she would oppose this article because this article was submitted after the deadline passed.
VOTE: (3-1-0)
Selectman Eckstrom opposed
Article 18 – Easement – Great Neck Rd. cemetery
Selectman Parola stated that this article is a result of a condition for a sub-division approval at the request of the Historic Commission. She stated there is a two-house sub-division going in next to the cemetery. She stated this is a request for a 25 ft. easement so that no building will be done next to the wall due to possible burials outside the wall area. Brief discussion ensued.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 18 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
VOTE: Unanimous (4-0-0)
Article 24 –Petition – Town Dept. Head/Town Manager Resident Requirements
Chairman Sauvageau stated a letter was written from the Board to one of the petitioners, but there was no response. He stated he had the office call other petitioners, but no other letters were written.
Selectman Eckstrom stated she has learned that employees of the Town who signed the petition were told by their superiors they were not allowed to attend tonight’s meeting to speak re: this article.
MOTION: Selectman Fernandes-Abbott moved No Action on Article 24 of the 10/24/05 Town Meeting Warrant. Selectman Parola seconded.
VOTE: (3-1-0)
Selectman Eckstrom opposed
NOTE: Selectman Parola announced that the OBA would be presenting a preview of the Town Meeting Warrant on 10/20/05 at the VFW Hall at 7:00 P.M.
C. Any other business.
1. Special Town Meeting Warrant Articles.
Article 7 – Amend By-laws – Dog Rules & Regulations
Selectman Fernandes-Abbott stated the Board previously discussed this article. She asked if it is necessary to include these changes in the By-law or simply put a referral to the Board of Health regulations w/ the By-law. The Administrator agreed that it would be better to refer to the Board of Health regulations instead of always changing the By-laws when these regulations change. Discussion ensued.
The Administrator stated he could discuss w/ Town Counsel whether this can be done or not. Selectman Fernandes-Abbott stated she would like the Administrator to speak w/ Town Counsel. She expressed concern re: if the Board of Health decides to overturn their regulations, then the Town’s By-law will be out of sync.
2. Agawam Beach Sewer Project.
Selectman Fernandes-Abbott stated Bob Ethier, Health Agent asked her if the Board had established a timeline for the Agawam Beach Sewer project yet. She stated he has been receiving calls from residents seeking waivers from installing septic systems.
The Administrator stated that Agawam Beach & Tempest Knob is next on the list. Selectman Fernandes-Abbott stated that the Board should let the Board of Health know this information because of the calls they are receiving.
The Administrator stated the plan the Board adopted in 2001 calls for Agawam Beach to be done at the same time as Tempest Knob. He stated Parkwood would be delayed until after these projects are completed. Selectman Eckstrom stated the original paperwork she has state that Parkwood & Tempest Knob are next. The Administrator again stated that in 2001 the Board adopted a plan that shows Parkwood being done after Tempest Knob & Agawam Beach. Selectman Fernandes-Abbott doesn’t understand why Parkwood & Tempest Knob are being done separately since they are located closer to each other. The Administrator again stated Agawam Beach & Tempest Knob projects are slated to be done together.
The Administrator stated he will have CDM come forward after the start of the Rose Point project to discuss w/ the Board increasing the pace of the projects. He added that the Board might see increases in the sewer budget.
Selectman Eckstrom stated she would like to see a copy of the agreement listing the remaining sewer projects. She stated that she also received a letter dated 9/6/05 re: placing Linwood Ave. & Ladd Ave. next on the sewer list before Agawam Beach due to water testing results. She stated that as she understands, Mr. Either had no water test results for Agawam Beach, only discussions he had had w/ the Harbormaster & this area was moved up on the list from someone’s request. The Administrator stated there is a written plans the Board adopted showing that Agawam Beach is next on the list. He stated w/ re: to Linwood Ave. & Ladd Ave., there are continuous groundwater problems & it was suggested this area be pushed up on the list.
Selectman Fernandes-Abbott stated the waiver issue is a two-year window. She stated in looking at the next project, it is possibly two years away & the residents need to know the timeline. She stated as the Board of Sewer Commissioners, it is the Board’s action to establish a timeline to bring all areas in line.
Brief discussion ensued re: the Rose Point project. The Administrator stated it would commence once all easements are in place.
3. Town Appraisers.
Selectman Eckstrom asked if Town appraisers are given identification. The Administrator stated all Town appraisers have picture identification. Discussion ensued.
VIII. SELECTMEN’S REPORTS
(NONE)
IX. ADJOURNMENT
MOTION: Selectman Parola moved at 9:02 P.M. to enter into Executive Session for the purpose of discussing the lease, taking, or value of real property. Selectman Fernandes-Abbott seconded.
POLLED VOTE: Selectman Parola – Yes
Selectman Fernandes-Abbott – Yes
Selectman Sauvageau – Yes
Selectman Eckstrom – Yes
VOTE: Unanimous (4-0-0)
Transcribed and respectfully submitted by,
Kelly Barrasso
Kelly Barrasso
The aforementioned minutes were submitted to the Board of Selectmen/Sewer Commissioners & approved on: December 6, 2005
Attest: Cindy K. Parola
Cindy Parola, Clerk Pro Tem
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date signed: December 6, 2005
Date copy sent to Wareham Free Library: December 7, 2005
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