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Selectmen's Meeting Minutes 11/08/05
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting:  November 8, 2005
Date of Transcription:  November 9, 2005
Transcribed by:  Kelly Barrasso

I.      CALL MEETING TO ORDER BY CHAIRMAN

Chairman Sauvageau called the meeting to order at 7:02 PM

A.      Roll Call

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

Present:                Michael Hartman, Town Administrator

NOTE:   The meeting proceeded w/ item III.  Intermodal Center Study Update

Present before the Board:       Louise Daley, SRPEDD
                                Frank Gay, GATRA

Ms. Daley proceeded to give a PowerPoint presentation.  She stated SRPEDD has worked w/ GATRA to conduct a study for an Intermodal Transportation Center, which was funded by GATRA.  A committee was formed for the purpose of, for example, looking at serving regional transportation needs & the center as a catalyst for re-development.  

Ms. Daley stated there is no transportation center now & currently the OWL buses are meeting at the Wal-Mart plaza, which is unsafe for all involved.  Another transportation site is at the Mill Pond Diner.  This site has no signage indicating a bus stop & riders are waiting along a grassy strip.

Ms. Daley stated future growth of the town will cause changes in travel patterns & GATRA is trying to plan for this.  A survey was conducted relative to support of a center & what types of transportation should be provided.  The survey results revealed that there was overwhelming support for a transportation center.  Goals that have been established are to plan for the future, provide access to all areas in Town, improve current services, manage traffic impacts, & make Main St. more viable.

Ms. Daley stated that access is the most important criteria for a transportation center.  She displayed pictures of existing rail lines in Town & explained how the committee looked at all the buffers w/in these existing rail lines.  Seven possible sites were reviewed & she discussed the criteria for each site.  She discussed the top three sites as follows, along w/ the positive aspects of each site and any issues associated w/ each site:

1.      Mill Pond Diner/ Tremont Nail Area
2.      Downtown Main Street/Merchant’s Way
3.      Tobey Road

Ms. Daley stated the committee has recommended the Mill Pond/Tremont Nail area site & to consider Tobey Rd. for a future regional rail site.

Ms. Daley explained the following steps to be taken from this point w/ the Board’s approval:

1.      Conduct an engineering study of the Mill Pond/Tremont Nail site.
2.      Establish a transit feasibility plan.
3.      Establish preliminary planning for an Intermodal Transportation Center.

Ms. Daley discussed the benefits of such a center.

Selectman Parola stated it was a hard decision for the committee to put aside the downtown/Merchant’s Way site, but traffic issues were cited as well as a potential impact to businesses in the area as people might avoid the area because of traffic.  She explained that the vote of the committee is only the initial stage of multiple stages & she added that there are many steps to be taken to obtain State & Federal grants that are available.  She concurred w/ the idea that plazas utilized as transportation centers could create safety issues & a safer place should be sought.

Selectman Fernandes-Abbott asked how this transportation center fits into the current Master Plan for the Tremont Nail area.  Selectman Pillsbury stated initially, the thought of turning the Tremont Nail area into a bus stop did not sit well w/ her.  She was concerned about this area due to limited parking, the historic value of the area, & in keeping the vision for the area.  She stated as discussion ensued re:  this area that it became clear that if the Mill Pond Diner was included, the buses could go there.  She explained that the Elm St. connection (location of Tremont Nail) hasn’t been established yet, but as long as both sites are involved, it seems more plausible.  She stated it would be a positive in having a center located in this area in that it would bring people to the area.  She had also expressed concern that acceptance of feasibility money would obligate the town to put a transportation center at the site even if the Board decided it was not the best thing for the Nail Factory project.  She was assured this would not be the case.  Frank Gay had stated that taking the funds in no way obligated the Board to acceptance of the transportation project.  She continued to discussed issues w/ parking & possibilities.

Selectman Fernandes-Abbott asked if the feasibility study would only be for the Intermodal Transportation Center & not the rail.  Mr. Gay stated it depends where the MBTA is w/ re:  to funding a study for the extension of the Buzzards Bay rail.  He explained that the feasibility study may look at the rail as an advantage, but the study may not go into depth relative to the rail.  Selectman Parola feels the priority is to organize the Town’s transportation service for those that utilize them.  Ms. Daley stated the committee did look at the feasibility of the rail in their discussions with regard to where rail stations might be located.  Discussion ensued.

Chairman Sauvageau feels that any Intermodal Transportation Center situation is a tremendous economic opportunity & for many other reasons.  He feels that this type of transportation center may attract people to come to Town, which will in turn help the tax base & attract commuters.

Selectman Fernandes-Abbott asked if the committee would be the ones to apply for the funding.  Brief discussion ensued.  Mr. Gay stated GATRA would apply for its own funding.  The Administrator stated CEDA would be the applicant for the town.  Chairman Sauvageau feels the town should be exploring their own funding instead of waiting for the MBTA & he feels the town should be looking for their own funding methodology for the rail.  Selectman Parola stated the Executive Office of Transportation will be conducting a study & she feels it will be in the town’s favor relative to the rail.

Mr. Gay stated he needs a letter from the Board to move forward.

MOTION: Selectman Parola moved the Board agree w/ the Mill Pond/Tremont Nail area to be considered as an Intermodal Transportation Center.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Selectman Parola offered to write the letter Mr. Gay requested.

II.     CDM UPDATE

Present before the Board:       Michael Guidice

Mr. Guidice proceeded to update the Board on the following:

WPCF Project:
-       Construction – Punch list items 85% complete.
-       Schedule – Methuen Construction Co. to be finished by 12/05.
-       Budget - $345,000 below appropriation.
-       Retainage reduced from 1.5% to 1% as of 10/05.
-       SCADA system checkout 98% complete.
-       Operations – Nitrogen & Phosphorus levels declining.
-       Dedication ceremony held 10/22/05.
-       Associated Builders & Contractors’ Eagle Award for project.

Weweantic Shores Sewers:
-       Rte. 6 paving repaired.
-       Final paving at end of 1st Ave. remains.
-       Contract closeout.
-       Town to determine/issue of final betterments.

The Administrator added that this is now in the hands of the attorney.

Rose Point Sewers:
-       Contract awarded to Albanese Brothers, Inc.
-       Pre-construction meeting 10/14/05.
-       Submittals approved.
-       Reviewed de-watering plan w/ Conservation Agent 11/3/05.
-       Contractor obtained NPDES permit in error – to be withdrawn & re-apply for correct permit.
-       Easement appraisals/takings.
-       Start construction 11/05 provided easements obtained.
-       Coordination w/ Fire District construction (directional drilling completed)

Briarwood Beach/Beaver Dam Estates Sewers:
-       Opened bids 9/8/05 (10 bidders)
-       Low bid: $2,327,271 (RJV Construction Corp.) vs. CDM final estimate of $2,625,000
-       DEP authorization to award contingent upon easement takings
-       Obtained bid extensions from RJV through 11/30/05.
-       Start construction 12/05.

Infiltration/Inflow Program:
-       Data analysis completed.
-       Draft report to Town 11/05.
-       Infiltration rates low – no additional studies recommended
-       Inflow sources/tidal influence – additional studies required
-       Study completed under budget.
Selectman Pillsbury asked re:  the remaining seven projects.  The Administrator stated that the next in line are Agawam Beach & Tempest Knob, but the Board of Health has requested moving up Linwood Ave. & Ladd Ave. next.

Selectman Pillsbury stated she would like to see all the remaining projects grouped into two’s or three’s, bid them out, & move these projects forward in groups.  She feels in doing so there would be cost savings & it would provide the Board of Health a plan to work w/ re:  inquiries received from residents.  She feels if these remaining projects were grouped, a plan would exist that the BOH could use to properly advise residents.

Chairman Sauvageau asked if there are any engineering restrictions to grouping sewer projects.  Mr. Guidice stated “no”.  He stated that every contract that goes out has a mobilization cost.  He stated that a project costing approx. $3 million - $6 million attracts good bids.  The Administrator stated that the Board attempted to group the three current projects together, but CDM advised against it.  Mr. Guidice stated some contractors don’t have the bonding necessary to cover larger projects.  He stated in general, you look at how much each contract would be & if you go above this amount, this could limit bidders.

Chairman Sauvageau asked if DEP would allow grouping of projects.  Mr. Guidice feels they should allow this.  The Administrator stated that the Town is ahead of schedule w/ re:  to the sewer plan.  He explained that in 2001, there was $23 million estimated for the plan, & thus far, the Town is beating inflation, but he doesn’t know how long this will last.

Selectman Pillsbury feels it may not be beneficial to wait w/ re:  to the remaining projects.  The remaining areas have been identified as having failed septic systems & they continue to contribute to environmental issues.  She again made the suggestion of looking into grouping the remaining projects instead of prolonging the issue.  She feels this way it will help to inform the residents.  The Board members concurred.  The Administrator stated he would speak w/ CDM to work out a new schedule.  

Selectman Fernandes-Abbott asked if there is any more design money available.  The Administrator stated the Town would have to wait until the 4/06 Town Meeting to appropriate more money.  The original plan proposed was to do Agawam Beach w/ Tempest Knob together & then commence w/ Parkwood & he feels maybe these three areas could be grouped together.

Selectman Pillsbury stated that the new sewer plant is being paid for by users & the more users there are paying sewer user fees, it will help everyone.

Chairman Sauvageau made the Board aware that the Town of Bourne has indicated that they may be freeing up 18% of their capacity in the Town’s sewer plant in the near future due to the fact that they are looking to have their own plant.  He feels this may be a hit to the Town & needs to be considered.  Selectman Fernandes-Abbott feels this issue is three to five years down the road.  The Administrator stated the Town of Bourne is bearing 18% of the plant’s cost, both for construction and operation.

Mr. Guidice stated that the Town will have to wait until the spring of 2006 for design money & he is looking at estimated construction starts for the next project areas to be in the years 2007-2008.

Chairman Sauvageau stated he is very interested in giving out information to the Rose Point & Briarwood Beach residents re:  costs for their projects.  This information has been slow to come & he would like to hold a public meeting to offer them information.  Mr. Guidice stated the bid process is in hand now, but until the project begins, there are many unknowns.  The best estimates are bids plus contingencies, but he can’t offer hard numbers until the project is complete.  The Administrator stated that there is a need to consider paving costs as well & worse case scenario numbers can be offered.  Chairman Sauvageau again expressed his interest in offering these residents information as to what type of costs they are looking at & what they might be facing, even if the numbers are worst case.

Selectman Parola asked if there would be a special meeting for final betterment determinations for the Weweantic Shores sewer project.  The Administrator stated that there are tentative numbers, but no final legal costs as of yet.

III.    INTERMODAL CENTER STUDY UPDATE
(DONE)

IV.     CITIZENS PARTICIPATION

Present before the Board:       Steven Curry, Rose Point Association

Mr. Curry stated the Association has spoken w/ the project manager re:  the use of Association land for the storing of equipment for the sewer project.  He stated the project manager told them they don’t plan to start the project until 12/05.  He asked if the project would be worked on during the winter months.  Mr. Guidice stated, “yes.”  The initial plan is to work through the winter, weather permitting, because the roadways aren’t paved.

Mr. Curry stated there is some concern re:  plowing due to the use of steel plates in the roadway for the laying of pipes.  The Administrator stated the contractor is required to have insurance to cover any damage to plow vehicles.

Mr. Curry asked re:  easement takings.  The Administrator stated that, according to the individual who prepared the easements, he had attempted to contact all residents involved.

Mr. Curry asked how long the project would take.  Mr. Guidice estimates one year.  The Administrator stated that the project should be recorded tomorrow and with DEP approval, a start date of 12/05.

Brief discussion ensued re:  the number of pump-stations.  Mr. Guidice stated there are three pump stations in Rose Point & one in Briarwood.

Chairman Sauvageau stated the Board would do everything it can to keep the Rose Point Association informed re:  what will be going on.

Mr. Curry stated he would like to have a public meeting on the cost figures.  Chairman Sauvageau agreed.

Present before the Board:       Paul Pearle
                                Brad Bottello, JC Engineering

Mr. Pearle discussed his involvement w/ a house project at the corner of Minot Ave. & Great Neck Rd.  He submitted pictures of the property.  He explained a sewer connection site is available & the plan was to tie this property into gravity main at the adjacent firehouse.  He briefly discussed changes made to the plan, thus resulting in no sewer connection commitment to the property & the opinion of Mr. Pichette, Conservation Agent that it cannot be done now.  He reported that Mr. Pichette has stopped the project even though all permits are in hand & the fact that Mr. Simmons, Chief Plant Operator has written a letter offering options for connection.  He requested something from the Board of Sewer Commissioners stating a connection can be made to the sewer system so that this project can move forward.

Chairman Sauvageau asked if a plan has been submitted to the Town engineer.  Mr. Pearle stated the plan was submitted to Mr. Simmons.  The Administrator stated that the plan has yet to be reviewed.  He stated Mr. Simmons must approve the plan first before the Board of Sewer Commissioners can act on it.  Chairman Sauvageau stated a request in writing should be addressed to the Board of Sewer Commissioners so dialog can commence w/ the Town’s engineer.  Selectman Parola stated that the usual protocol that is followed is that the information is first submitted to Mr. Simmons who then sends recommendations to the Board of Sewer Commissioners for discussion.

Mr. Bottello discussed the original design plan.

Selectman Parola again stated that protocol needs to be followed & information needs to be received by Mr. Simmons to make recommendations to the Board of Sewer Commissioners.  

Mr. Bottello discussed the existing gravity main & four other pending connections in the area.  He feels the extension connection on Depot St. will be beneficial to other connections that may be requested.

Selectman Pillsbury stated if there is an available hook-up, if the plan is viable, & the correct protocol is followed, usually the request is granted.  She feels there is a need to keep w/ protocol & obtain information.

Selectman Parola suggested Mr. Pearle contact Mr. Simmons tomorrow re:  the recent plan submitted.  Mr. Pearle stated everything was already submitted & the project was ready to commence.

Selectman Pillsbury stated that the final plan approval from Mr. Simmons is required, who then forwards the information to the Board of Sewer Commissioners.

Present before the Board:       John Salerno

Mr. Salerno asked if he would still have the opportunity to come before the Board for a new liquor license when the five new licenses become available.  He stated Representative Williams-Gifford stated the State would require the Town to give five names of businesses looking for these licenses & he was not on this list.  Chairman Sauvageau stated that names of businesses were never officially submitted for a list.  

Mr. Salerno stated he just wants to have the opportunity to apply for one of the new licenses.  He explained speaking to Representative Williams-Gifford’s secretary who informed him there was a list of five business names.  Chairman Sauvageau feels this was misinformation.  He feels Mr. Salerno’s comments on this issue will raise a level of concern for other businesses.  He feels Mr. Salerno should have called or written a letter relative to this matter.

The Administrator stated that Representative Williams-Gifford did not ask for names, only locations/areas.  He stated the Board has not endorsed any individual business.

Mr. Salerno stated that w/ all the new growth in Town, five new licenses might not be enough.  He suggested possibly asking for five more due to impending growth projects.  He added that he could not operate a seasonal business w/ the investment that he has made.

Selectman Pillsbury stated there is always speculation as to what is going to happen & the Board has not made any decisions, but they need to designate locations.  She feels the Board will be happy to bring forward an article at Town meeting to petition for more licenses.

Selectman Parola stated she is not happy w/ the new legislation re:  placing the responsibility of establishing locations on towns, which put towns at a disadvantage.  She stated the ramifications of this are not clear re:  if this is not followed through.  She discussed this matter at length.

Discussion ensued re:  concerns relative to designating locations & issues that should be addressed.  Selectman Pillsbury feels that Mr. Salerno could bring a petition forward.

Mr. Salerno asked the Board to insert an article requesting five more liquor licenses.

Present before the Board:       Joan Brighton, Agawam Beach

Ms. Brighton discussed the percentage of seasonal residents that live in the Agawam Beach area & whether they have voting rights in Town re:  issues that affect this area.  She also asked if there was a way for seasonal residents to be notified of matters that affect this area.  

Selectman Parola stated residents could access the Town’s web site for information & voting rights are given only to registered voters of the Town.  Selectman Fernandes-Abbott stated that typically sewer matters would be sent by mail to residents’ primary addresses listed on tax bills.

Ms. Brighton asked if she was correct in assuming the sewer project for Agawam Beach would commence in three to five years.  Selectman Parola stated this is a correct assumption & Agawam Beach is the next project in line.  Ms. Brighton added that Agawam Beach consists of approx. 30% year-round residents & 70% seasonal.  Chairman Sauvageau cautioned against setting a firm time period for commencement of the sewer project for this area, but he stated the intent is w/in three to five years.

NOTE:  The meeting proceeded w/ item VII.  Licenses & Permits.

B.      Change of Manager application by the Wareham Lodge of Elks #1548, 2855 Cranberry Highway, East Wareham, from Margaret C. Fisher to Douglas L. Gifford.

Present before the Board:       Susan Gifford

MOTION: Selectman Pillsbury moved the Board approve the application of Wareham Lodge of Elks #1548 for change of manager, 2855 Cranberry Highway, East Wareham from Margaret C. Fisher to Douglas L. Gifford contingent upon receipt of a proper CORI.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

C.      Use of Town roads – Request for permit by the Wareham Veterans’ Council for its Annual Veterans’ Day Parade on Friday, November 11, 2005.  The parade begins at 1:00 P.M. at Besse Park, down Main St., left up Chapel Hill to Marion Rd. & ending at Memorial Town Hall.

Present before the Board:       Jim Newman

Mr. Newman discussed the parade route.

MOTION: Selectman Pillsbury moved the Board approve the application for use of Town roads by the Wareham Veterans’ Council for the Annual Veterans’ Day Parade on Friday, November 11, 2005.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

A.      Six month review of license:  Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar – condition of granting an Alteration of Premises:  June 21, 2005.

Present before the Board:       Jackie Hoban
                                James Hoban

Chairman Sauvageau stated the Board had concerns when the license was granted & one condition placed on the license was that a six-month review would be conducted to make sure no problems or complaints have occurred.

Mr. Hoban stated Shooter’s is almost two years old.  He had applied for outside seating for dining, but this area wasn’t utilized much this season.  After this license was granted, he went to the Greyfield Estates giving out his numbers to be reached.

Mr. Hoban discussed the two houses out back that were rented to young people that caused a lot of disturbance.  Many of the complaints received were for the two houses out back.  These young people have now moved & he hopes to utilize the outside area more next season.  He briefly discussed the number of people that are served per week at the establishment.

Chairman Sauvageau discussed the police log reports during the summer months, which indicate this location, mostly re:  issues in the parking lot.  Discussion ensued re:  police log entries dealing w/ outside the establishment.  Mr. Hoban discussed several of the log entries & what transpired.  He reported that since the license was granted, he has called the Police Dept. & the Board of Selectmen’s office to see if there have been any complaints.

Selectman Fernandes-Abbott stated that when the police run their reports they note by landmark & she doesn’t know how many reports are directly related to Shooter’s.

Chairman Sauvageau asked if anyone present would like to address the Board.

Present before the Board:       Brooke Lopes, Greyfield Estates

Ms. Lopes stated her bedroom window backs up to Shooter’s.  There have been constant problems w/ noise; for example, last Friday night at 1:10 A.M. there was a fight outside.  She has never called the police, but has called the establishment directly.  She does not feel Shooter’s is aware of people outside the establishment.  When she has called the establishment, most of the time they have tried to remedy the problem.  She videotaped the establishment outside from 1:00 A.M. to 1:45 A.M. one night that depicts some of the issues she sees.  She added that the noise issue was temporarily resolved when the smoking area outside was changed to the other side of the building.

Ms. Lopes discussed a call she made to the establishment recently re:  a fight in which she spoke to a rude employee who dismissed her call.  She added that Mr. Hoban also threatened her if she called the police one more time.  The noise has subsided since the summer except for incidents last week.  She again stated she feels the establishment is unaware of what goes on outside their establishment.  

Ms. Lopes stated she has lived at the complex for almost two years.  When she first moved in, there was another establishment there & she had no problems w/ noise.

Ms. Lopes stated she doesn’t want any trouble w/ the establishment & she is just trying to remedy the issues.

Chairman Sauvageau asked Ms. Lopes if, since the expansion six months ago, is there any differences in the issues.  Ms. Lopes stated that the summertime is worse.  The establishment is still allowing people to smoke, drink, etc. outside her window.  She indicated that Mr. Hoban initially tried to accommodate her concerns, but he has stopped since he got his permit to expand.  She feels the matter has become worse.

Selectman Pillsbury stated one of the conditions that had been set w/ this application was that everyone had to be off premises by 1:00 A.M., which means the parking lot as well.  Ms. Lopes stated this doesn’t happen.  Mr. Hoban stated it happens now.  He has taken many calls from Ms. Lopes & he agrees w/ her that he has tried.  He discussed how he has moved people to the other side of the building when outside as well as installing a privacy fence.

Selectman Fernandes-Abbott asked if people are congregating & smoking outside.  Mr. Hoban stated no one is allowed to congregate outside after 10:00 P.M.  Ms. Lopes stated this happened in the beginning, but it is not the case now.

Selectman Eckstrom stated that Mr. Hoban indicated he went to residents of the complex offering his contact numbers.  She feels if the residents are still having problems, they should contact the police.  Chairman Sauvageau agreed.

Present before the Board:       Eric Lutheran

Mr. Lutheran stated he has lived in the complex for two years.  His main concern had been the two houses out back.  He was under the impression that Shooter’s owned the two houses.  Mr. Hoban stated he doesn’t own the houses now, but he hopes to in the future & will tear them down.  He discussed the past problems w/ the two houses.

Mr. Lutheran stated he did call the police on the two houses.  With re:  to Shooter’s, the noise did get louder this summer.  He has no problem w/ the establishment & he wants to be a good neighbor.  He expressed concern re:  once the expansion is finalized, the establishment will have free reign to do what they want.  He asked if the establishment has outside concerts because the music is so loud.  He asked for a timeframe for when things need to be “toned down” at the establishment.  He has never called the police on Shooter’s, but he would like to have a way to enforce the hours & congregation outside.  He feels this would go a long way.

Present before the Board:       Sharon Jones

Ms. Jones stated there are a small number of units that are w/in earshot of Shooter’s & if there were an expansion of Shooter’s, she would be concerned.  She made many calls to the police re:  the two houses in the back.  She expressed concern re:  if Shooter’s were allowed to play music outside.  Selectman Pillsbury stated Shooter’s is not asking to expand any further.  Mr. Hoban noted that music was played outside one time this year.

Present before the Board:       Darren Fernandes

Mr. Fernandes stated he has lived at the complex for four years before the new units were built.  When the establishment was the Raven, he heard noise, but he hears no music from the establishment now.  He has heard motorcycles warm up in the parking lot & they were moved along.  He is a customer of Shooter’s & there is only a jukebox inside.

Mr. Hoban stated he wants to be a good neighbor & the fact that there are only 48 condo units out back & only a few are close abutters.

Chairman Sauvageau feels these issues should be re-visited again & encouraged dialogue between Mr. Hoban & the condo residents.  He also encouraged residents to document incidences w/ police.

Selectman Pillsbury stated that motorcycles will have to be warmed-up before 1:00 A.M. & no one should be at the establishment after 1:00 A.M.
Selectman Parola questioned if the license conditions were sent to the Police Dept.

Selectman Fernandes-Abbott stated there has never been a show-cause hearing for people being in a parking lot after 1:00 A.M.  She feels the conditions need to reflect what the Board is expecting to be done, not just limited to the inside of the establishment.  Mr. Hoban stated he understands the restaurant should close at 1:00 A.M., not the parking lot.  Selectman Pillsbury recalled discussion w/ Mr. Hoban about the matter of outside.  Mr. Hoban stated he understands now.  Selectman Pillsbury stated once patrons are out the door at 1:00 A.M., this doesn’t mean the establishment’s responsibility ends.  Mr. Hoban stated the establishment helps clear out the parking lot, but approx. eight to ten employees do not leave until 1:30 A.M.  Selectman Parola stated the law states employees need to be out by 1:15 A.M.  Mr. Hoban believes it is 1:20 A.M.

Selectman Eckstrom suggested a review in seven months so that outside exposure will have occurred by then.  Selectman Fernandes-Abbott feels that the problems that are occurring are not related just to the outside seating, but normal business.  She feels a six-month review would be fine & the establishment should be looked at before summer.  Brief discussion ensued.

MOTION: Selectman Pillsbury moved the Board review the license & conditions held by Kaimo Corp. d/b/a Shooter’s Restaurant in six months to be sure the conditions are being met.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

V.      CONSENT AGENDA

A.      Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve & the Chair be authorized to sign invoice #80214076/3 from Camp, Dresser & McKee for $5,325.74 re:  engineering general services during sewer construction in the Rose Point area.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board approve & the Chair be authorized to sign invoice #80214075/2 from Camp, Dresser & McKee in the amount of $4,148.07 re:  engineering services for the GS services during sewer construction in the Briarwood Beach area.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board approve & the Chair be authorized to sign invoice #80214077/39 from Camp, Dresser & McKee in the amount of $16,603.78 re:  engineering service 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 & the Chair be authorized to sign invoice #80214089/7 from Camp, Dresser & McKee for $3,898.04 re:  engineering services to perform a Phase I Infiltration/Inflow program for the Town of Wareham.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board approve & the Chair be authorized to sign invoice #80214078/54 from Camp, Dresser & McKee in the amount of $19,563.26 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)
B.      Approve minutes from previous regular sessions:  9/6/05, 9/13/05 & 10/4/05.

MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 9/6/05.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 9/13/05.  Selectman Parola seconded.
VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 10/4/05.  Selectman Eckstrom seconded for discussion.

NOTE:   Selectman Eckstrom asked that corrections to dates be made on pages 3 & 7.

VOTE:  Unanimous (5-0-0)

C.      Appointments to boards, committees, & commissions.

1.      Plymouth Aquifer Advisory Committee.

MOTION: Selectman Pillsbury moved the Board appoint Marjorie M. Teitelbaum as a member to the Plymouth-Carver Aquifer Advisory Committee to a term to expire 6/30/06.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

2.      Representative to the CMW Regional Refuse Disposal District.

MOTION: Selectman Pillsbury moved the Board appoint Robert Ethier (Wareham’s Health Agent) as a member to the Carver/Marion/Wareham Regional Refuse Disposal District Committee to a term to expire 6/30/08.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

3.      Community Development Advisory Board.

MOTION: Selectman Pillsbury moved the Board appoint Earl Dalrymple as a member to the Community Development Advisory Board to a term to expire 6/30/08.  Selectman Fernandes-Abbott seconded.

NOTE:   Present before the Board:       Earl Dalrymple

Mr. Dalrymple stated he has read the Charter & is fascinated w/ the development & growth in Town.  He looks forward to helping to contribute to a successful management of the town’s future.
VOTE:  Unanimous (5-0-0)

NOTE:   Brief discussion ensued re:  which board Mr. Dalrymple resigned from.

VI.     TOWN ADMINISTRATOR’S REPORT
1.      Sewer Connection – 220 Off High St, Map 61, Lot 1100.  Asked the Board to approve a sewer connection for the property at 220 Off High St.  The plan has been reviewed by David Simmons, WPCF Superintendent/Chief Plant Operator.  If the Board approves the request, it is recommended that the approval be w/ the fee structure & conditions noted.

Discussion ensued re:  why this property was not hooked-up previously.  George Barrett, from the public, discussed the location of the property up on the road & discussed why it is land-locked.  Selectman Fernandes-Abbott doesn’t feel this lack of hook-up at the time is acceptable.  The Administrator stated he hopes to avoid this in the future & the Town is doing a better job now vs. 30/40 years ago.  Discussion ensued re:  the connection requirement.

MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded for the Board to approve a sewer connection request for 220 Off High St., Map 61, Lot 1100, subject to the fee structure & conditions as follows:

·       Payment is made of all appropriate fees, including the Residential Sewer Permit Fee & the Sewer System Development Charge;
·       The homeowner shall hire a licensed drain layer to perform this work per plans submitted by Charles Rowley & Associates;
·       The existing septic system shall be pumped, collapsed & filled w/ sand according to the Board of Health regulations;
·       Prior to backfilling, all cleanouts, pipe & connections shall be inspected by the contractor/engineer upon completion; &
·       All cuts w/in existing paved roadways shall be inspected & approved by the Director of Municipal Maintenance.

VOTE:  Unanimous (5-0-0)

2.      Sewer User Rate Fee Increase.  Asked the Board to approve a sewer user rate increase due to the debt service for the plant upgrade coming on line.  It is recommended that the rate increase by $150/year per EDU or $75 per each six-month period per EDU.  The increase will be reflected in the next billing.  We have begun discussions w/ both Water Districts to determine the feasibility of sewer bills being based upon water usage rather than EDU’s.

The Administrator reported on discussions w/ the Water Districts.  He discussed how the Water Districts would need to cooperate w/ re:  to billing.  Discussion ensued.  

Discussion ensued re:  debt service & the anticipated increase in the sewer rate in six months.  The Administrator stated that the projected sewer rate increases had originally been projected to reach $610.  The cost has yet to reach that projection.

MOTION: Selectman Fernandes-Abbott moved the Board approve an increase in the sewer user rate from $372/year per EDU to $522/year per EDU with said increase to be reflected in the next billing.  Selectman Parola seconded.

VOTE:  Unanimous (5-0-0)

3.      Tremont Nail Company.  Advised the Board of the sale of the Tremont Nail Co. & their relocation to Mansfield.  The company will honor the present lease until its termination date.  

The Administrator stated the current site is being looked at for future use as an office building.

MOTION: Selectman Parola moved the meeting go past the hour of 10:00 P.M.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

4.      Rose Point Easement Takings.  Advised the Board that there are eleven easement takings in the area to be voted upon.

Selectman Pillsbury stated she sees four pumping stations when she was told there were only three.  The Administrator clarified that these are pump station easement.

The Board members proceeded to vote on the easement takings.

MOTION: Selectman Pillsbury moved & Selectman Parola seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c. 83 § 1, do hereby take in accordance w/ M.G.L. c. 79, by eminent domain, a temporary work easement and permanent easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by Richard J. Brow and Ardeth P Brow, Trustees of the A. Brow Realty Trust described as follows:

Lot 140 – Permanent Sewer Easement Area

Beginning at a point that is five and 48/100 (5.48) feet N 78 04 20 E from the southeast corner of lot 139 shown on a plan hereinafter referred to:

        Thence, N 11 57 39 E one hundred nine and 37/100 (1-009.37) feet;
        Thence, N 78 04 20 E ten and 23/100 (10.23) feet;
        Thence, S 42 53 30 E thirteen and 02/100 (13.02) feet;
        Thence, S 11 57 39 W ninety-seven and 16/100 (97.16) feet;
        Thence, S 78 04 20 W twenty-one and 87/100 (21.87) feet to the point of beginning.

Containing 2,122 sq. ft. and being shown on Sheet 1 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Bradford Street, Marine Avenue and Osbourne Avenue at Rose Point’ Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005

Lot 140 – Temporary Work Easement Area

Beginning at a point that is twenty-seven and 35/100 (27.35) feet N 78 04 20 E from the southeast corner of Lot 139 shown on a plan hereinafter referred to:

Thence, N 11 57 39 E ninety-seven and 16/100 (97.16) feet;
Thence, S 42 53 30 E twelve and 23/100 (12/23) feet;
Thence, S 11 57 39 W eighty-five and 69/100 (85.69) feet;
Thence, S 78 04 20 W ten and 94/100 (10.94) feet to the point of beginning.
Containing 914 square feet and being shown on Sheet 1 of 7 a plan entitled “Temporary Work Easement – Prepared for the Wareham Fire District and the Town of Wareham for Bradford Street, Marine Avenue and Osbourne Avenue at Rose Point; Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Richard J. Brow and Ardeth P. Brow, Trustees for the A. Brow Realty Trust

Damages Awarded the Owner of Record:    $ 3,000.00 permanent sewer easement
        $  500.00 temporary work easement

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved & Selectman Parola seconded that the Board of Sewer Commissioners acting to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M/G.L. c.79, by eminent domain, a permanent easement for the purposes of the construction, installation, use, operation and maintenance of a sewer pump station and necessary appurtenances thereto in certain real property owned by Michele R. Ward as described as follows:

Lot 87 – Sewer Pump Station Easement

Beginning at the intersection of the northerly sideline of Canedy Street with the easterly sideline of French Avenue shown on a plan hereinafter referred to;

Thence, S 67 30 E in the northerly sideline of Canedy Street thirty-five (35.00) feet;
Thence, N 22 29 30 E forty-one and 52/100 (41.52) feet;
Thence, N 50 20 00 W twenty-one and 18/100 (21.18) feet to the easterly sideline of French Avenue;
Thence, S 39 40 00 W in the easterly sideline of French Avenue fifty (50) feet to the point of beginning.

Containing 1,256 square feet and being shown as ‘Sewer Pump Station Easement’ on Sheet 3 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Canedy Street, Pierce Street and Shaw Street at Rose Point; Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Michele R. Ward.

Damages Awarded the Owner of Record $ 4,000.00 permanent sewer pump-station easement

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved & Selectman Parola seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c. 83 §1, do hereby take in accordance with M.G.L. c.79, by eminent domain, a permanent easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by Amy C. Asker described as follows:
Lot 159 – Permanent Sewer Easement Area

Beginning at the northeast corner of Lot 160 shown on a plan of land hereinafter referred to:

        Thence, N 11 55 40 W by Lot 159 on said plan fifteen (15) feet;
        Thence, N 78 04 20 E twenty (20) feet;
        Thence, S 11 55 40 E fifteen (15) feet;
        Thence, S 78 04 20 W twenty (20) feet to the point of beginning.

Containing 300 square feet and being shown on Sheet 1 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Bradford Street, Marine Avenue and Osbourne Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Amy C. Asker

Damages Awarded the Owner of Record:  $ NONE

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved & Selectman Parola seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c. 83 § 1, do hereby take in accordance w/ M.G.L. c. 79, by eminent domain, a temporary work easement and permanent easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by Manuel V. Silva described as follows:

Lot 160 – Permanent Sewer Easement Area

Beginning at the northeast corner of Lot 160 shown on a plan of land hereinafter referred to:

        Thence, S 11 55 40 E fifty (50) feet;
        Thence, N 78 04 20 E twenty (20) feet;
        Thence, N 11 55 40 W fifty (50) feet;
        Thence, S 78 04 20 W twenty (20) feet to the point of beginning.

Containing 1,000 square feet and being shown Sheet 1 of 7 on a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Bradford Street, Marine Avenue and Osbourne Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005

From Manuel V. Silva
Damages Awarded the Owner of Record  $ NONE

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved & Selectman Parola seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M.G.L. c. 79, by eminent domain, a permanent easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by David and Sharon E. Charbonneau described as follows:

Lot 161 – Permanent Sewer Easement Area

Parcel I

Beginning at the southeast corner of Lot 161 shown on a plan hereinafter referred to:

        Thence, N 11 55 40 W 23.10 feet;
        Thence, S 11 57 39 W 25.27 feet;
        Thence, N 78 04 E 10.23 feet to the point of beginning.

Containing 118 square feet and being shown on Sheet 1 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Bradford Street, Marine Avenue and Osbourne Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

Parcel II

Beginning at the southeast corner of Lot 161 shown on said plan:

        Thence, N 11 55 40 W fifty (50) feet;
        Thence, N 78 04 20 E twenty (20) feet;
        Thence, S 11 55 40 E thirty-one and 13/100 (31.13) feet;
        Thence, N 42 53 30 W thirteen and 02/100 (13.02) feet to the point of beginning.

Containing 986 square feet on the aforementioned Plan.

From David and Sharon E. Charbonneau

Damages Awarded the Owner of Record  $ 500.00

And further, that each of the Commissioners may execute any document prepared to the effect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

NOTE:   Brief discussion ensued w/ Mr. Curry (present in audience) re:  if owners were notified.  Mr. Curry stated he was not notified.  The Administrator stated owners were notified.

MOTION: Selectman Parola moved & Selectman Pillsbury seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L c.83 §1, do hereby take in accordance with M.G.L. c. 79, by eminent domain, the fee interest for purposes of the construction, installation, use, operation and maintenance of a sewer pump station and necessary appurtenances thereto in certain real property owned by Dorothy Peterson described as follows:

Lot 173 – Sewer Pump Station Taking

Beginning at a point in the southerly sideline of Leonard Street at the northeast corner of Lot 173 shown on a plan hereinafter referred to:

        Thence, N 78 04 20 E twenty (20) feet;
        Thence, S 11 55 40 E forty (40) feet;
        Thence, S 78 04 20 W twenty (20) feet;
        Thence, N 11 55 40 W forty (40) feet to the point of beginning.
Containing 800 square feet and being shown on Sheet 6 of & a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Donald Street, Arnold Street and Thomas Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Dorothy Peterson

Damages Awarded the Owner of Record  $ 1,500.00 fee interest for sewer pump-station easement

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Parola moved & Selectman Pillsbury seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M.G.L. c. 79, by eminent domain, a permanent easement for the purposes of the construction, installation, use, operation and maintenance of a sewer pump station and necessary appurtenances thereto in certain real property owned by Curtis L. and Laurence C. Osbourne and Lillian I. Crichton described as follows:

Lot 178 – Permanent Sewer Pump Station Easement

Beginning at a point in the westerly sideline of Arnold Street at the northeast corner of Lot 179 on a plan hereinafter referred to:

        Thence, S 78 04 20 W thirty (30) feet;
        Thence, N 11 55 40 W fifty (50) feet;
        Thence, N 78 04 20 E thirty (30) feet;
        Thence, S 11 55 40 E fifty (50) feet to the point of beginning.

Containing 1,500 square feet and being shown as ‘Sewer Pump Station Easement’ on Sheet 2 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Nelson Street, Arnold Street, Gordon Street, Osbourne Avenue and Marine Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Curtis L. and Laurence C. Osbourne and Lillian I. Crichton

Damages Awarded the Owner of Record  $ 2,500.00 permanent sewer pump-station easement

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.
VOTE:  Unanimous (5-0-0)

MOTION: Selectman Parola moved & Selectman Eckstrom seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M.G.L. c.79, by eminent domain, the fee interest for the purposes of the construction, installation, use, operation and maintenance of a sewer pump station and necessary appurtenances thereto in certain real property owned by Michael J. Ferguson and Mary J. Carman described as follows:

Lot 180 – Sewer Pump Station Taking

Beginning at a point in the southerly sideline of Leonard Street at the northwest corner of Lot 180 shown on a plan hereinafter referred to;

        Thence, S 78 04 20 W twenty (20) feet;
        Thence, S 11 55 40 E forty (40) feet;
        Thence, N 78 04 20 E twenty (20) feet;
        Thence, N 11 55 40 W forty (40) feet.

Containing 800 square feet and being shown on Sheet 6 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Donald Street, Arnold Street and Thomas Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan $495 of 2005.

From Michael J. Ferguson and Mary J. Carman

Damages Awarded the Owner of Record  $ 1,500.00 fee interest for sewer pump-station

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M.G.L. c.79, by eminent domain, a temporary easement and permanent easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by Lucille A. Furlong described as follows:

Lot 183B – Permanent Easement Area

Beginning at a point that is five and 33/100 (5.33) feet S 78 04 20 W of the southwest corner of Lot 183B shown on a plan hereinafter referred to;

        Thence, N 10 11 47 E thirty-nine and 11/100 (39.11) feet;
        Thence, N 80 40 29 E twenty-one and 22/100 (21.22) feet;
        Thence, S 10 11 47 W fifty-two and 21/100 (52.21) feet;
        Thence, S 78 04 20 W twenty-one and 59/100 (21.59) feet to the point of beginning.

Containing 1,055 square feet and consisting of two permanent easement areas and being shown on Sheet 2 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Nelson Street, Arnold Street, Gordon Street, Osbourne Avenue and Marine Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

Lot 183B – Temporary Work Easement Area

Beginning at a point that is sixteen and 26/100 (16.26) feet N 78 04 20 E of the southwest corner of Lot 183B shown on a plan hereinafter referred to;

        Thence, N 10 11 47 E fifty-two and 21/100 (52.21) feet;
        Thence, N 80 40 29 E ten and 61/100 (10.61) feet;
        Thence, S 10 11 47 W fifty-one and 69/100 (51.69) feet;
        Thence, N 78 04 20 E ten and 79/100 (10.79) feet to the point of beginning.

Containing 520 square feet and being shown as ‘Temporary Work Easement’ on Sheet 2 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Nelson Street, Arnold Street, Gordon Street, Osbourne Avenue and Marine Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Lucille A. Furlong

Damages Awarded the Owner of Record      $ 2,000.00 permanent sewer easement
        $500.00 temporary work easement

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M.G.L. c.79, by eminent domain, a temporary work easement and permanent easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by Dennis P. Canedy described as follows:

Lot 184 – Permanent Sewer Easement Area

Beginning at a point in the easterly sideline of Arnold Street said point being ten (10) feet N 11 55 40 W of the northwest corner of Lot 185 shown on a plan hereinafter referred to;

        Thence, N 11 55 40 W forty (40) feet;
        Thence, N 78 05 20 E sixteen and 26/100 (16.26) feet;
        Thence, S 10 11 47 W forty-three and 18/100 (43.18) feet to the point of beginning.

Containing 325 square feet and being shown as ‘Permanent Sewer Easement’ on Sheet 2 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Nelson Street, Arnold Street, Gordon Street, Osbourne Avenue and Marine Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

Lot 184 – Temporary Work Easement Area

Beginning at a point in the easterly sideline of Arnold Street said point being ten (10) feet N 11 55 40 W of the northeast corner of Lot 185 shown on a plan hereinafter referred to;

        Thence, N 10 11 47 E forty-three and 18/100 (43.18) feet;
        Thence, N 78 04 E ten and 79/100 (10.79) feet;
        Thence, S 10 11 47 W fifty-three and 97/100 (53.97) feet;
        Thence, S 78 04 20 W six and 73/100 (6.73) feet;
        Thence, N 10 11 47 E ten (10) feet to the point of beginning.

Containing 519 square feet and being shown as ‘Temporary Work Easement’ on Sheet 2 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Nelson Street, Arnold Street, Gordon Street, Osbourne Avenue and Marine Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Dennis P. Canedy

Damages Awarded the Owner of Record     $ 1,000.00 permanent sewer easement
        $ 500.00 temporary work easement

And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without a further meeting.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board of Sewer Commissioners acting pursuant to the authority granted them under M.G.L. c.83 §1, do hereby take in accordance with M.G.L. c.79, by eminent domain, a temporary work easement for the purposes of the construction, installation, use, operation and maintenance of a subsurface sewer main and necessary appurtenances thereto in certain real property owned by the Rose Point Improvement Association, Inc. described as follows:

Lot 1006 – Temporary Work Easement Area

Beginning at a point that is ninety-one and 37/100 (91.37) feet N 42 53 30 W from the southeast corner of Lot 140 shown on a plan hereinafter referred to;

        Thence, 11 57 39 E seventeen and 31/100 (17.31) feet;
        Thence, 11 55 40 W twenty-four and 69/100 (24.69) feet;
        Thence, S 11 57 39 W thirty-two and 85/100 (32.85) feet;
        Thence, S 42 53 30 E twelve and 23/100 (12.23) feet to the point of beginning.

Containing 251 square feet and being shown on Sheet 1 of 7 a plan entitled “Utility Easement Plan – Prepared for the Wareham Fire District and the Town of Wareham for Bradford Street, Marine Avenue and Osbourne Avenue at Rose Point, Wareham, MA”, by Charles L. Rowley & Associates, April 12, 2005 recorded in the Plymouth County Registry of Deeds as Plan #495 of 2005.

From Rose Point Improvement Association, Inc.

Damages Awarded the Owner of Record:  $ NONE
And further, that each of the Commissioners may execute any document prepared to affect the purpose of this action without further meeting.

VOTE:  Unanimous (5-0-0)

VII.    LICENSES & PERMITS
(DONE)

VIII.   ANNOUNCEMENTS

A.      The next meeting of the Board of Selectmen will be held on 11/29/05.

IX.     BUSINESS

A.      Decide the date for a Regulatory Summit toward the end of 1/06.

The Board proceeded to discuss various dates to hold the summit.

Selectman Parola stated that the West Wareham Strategic Planning Committee plans to have articles ready by a certain time period.  Selectman Fernandes-Abbott feels the summit will be about policies.  Discussion ensued.

The Board members concurred to hold the summit on 1/19/06 from 6:00 P.M. – 9:00 P.M.

B.      Any other business.

1.      SRPEDD & Transportation Process.

Selectman Parola stated that SRPEDD is trying to gain more cooperation in the transportation process.  She suggested a letter be drafted by the Chair to go to other boards, committees, etc. that may want to invite SRPEDD to their meetings.  The Board concurred.

2.      BDOD Agreement.

Chairman Sauvageau asked the Board to continue to support matters re:  A.D. Makepeace Co. & the BDOD agreement that did not go through at Town Meeting.  He stated the article was voted Further Study.  He stated the issue is, there is a need to re-negotiate until the agreement is signed.

Chairman Sauvageau stated there is also a need to have dialog beyond the BDOD to protect the Town’s infrastructure investment.

Selectman Pillsbury stated there are issues/changes coming forward that need a comprehensive agreement.  She expressed concern re:  abandoning the BDOD agreement since an agreement has been made.  She feels the problem with the agreement is more of a procedure issue vs. substantive.  The Administrator agreed & stated Town Counsel has also said this.

Selectman Pillsbury feels that the Administrator & Town Counsel should go to Boston w/ A.D. Makepeace lawyers to hammer out the agreement.

Chairman Sauvageau discussed in length the fact that he doesn’t want to abandon the BDOD, but he feels opening up new dialog will afford a greater opportunity to change the community in a large way.  He feels the Board should be deeply engaged in all aspects of the comprehensive agreement & expand discussions along w/ the BDOD matter.  Selectman Pillsbury stated she understands more clearly what Chairman Sauvageau is suggesting & she feels many policy decisions will have to be made by the Board in the future.

Selectman Parola stated she doesn’t have a problem w/ discussions, but she wants to make sure that holding exploratory meetings isn’t a condition of approval.  She wants to make sure it is clear that talking doesn’t mean approval of the deal.  Chairman Sauvageau agreed & he feels A.D. Makepeace should come before the Board to discuss general concepts that need to be negotiated.  

Selectman Fernandes-Abbott feels a comprehensive plan is fine, but she expressed concern re:  bringing forward the comprehensive plan now may impede the BDOD.  Chairman Sauvageau stated this comprehensive plan would not be brought forward until the BDOD issues are resolved.

X.      SELECTMEN’S REPORTS

A.      Selectman Parola – Stated the Tremont Nail Master Plan Committee will be holding a public hearing on 11/16/05 re:  the car top boat/kayak launch.

XI.     ADJOURNMENT

MOTION: Selectman Pillsbury moved at 10:45 P.M. to enter into Executive Session for the purpose of discussing the purchase, exchange, lease, value or taking of real property.  Selectman Parola seconded.

POLLED VOTE:    Selectman Parola – Yes
                        Selectman Fernandes-Abbott – Yes
                        Selectman Pillsbury – Yes
                        Selectman Sauvageau – Yes
                        Selectman Eckstrom – Yes

VOTE:  Unanimous (5-0-0)

Transcribed and respectfully submitted by,


Kelly Barrasso
Kelly Barrasso

The aforementioned minutes were submitted to the Board of Selectmen/Sewer Commissioners & approved on 11/29/05

Attest: Mary Jane Pillsbury
        Mary Jane Pillsbury, Clerk
        BOARD OF SELECTMEN/SEWER COMMISSIONERS

Date signed:  11/29/05

Date copy sent to Wareham Free Library:  11/30/05