MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: December 6, 2005
Date of Transcription: December 7, 2005
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Selectman Pillsbury, Chairman Pro Tem, called the meeting to order at 7:11 P.M.
MOTION: Selectman Fernandes-Abbott moved that Selectman Parola be Clerk Pro Tem for this meeting. Selectman Eckstrom seconded.
VOTE: Unanimous (4-0-0)
A. Roll Call
Selectmen Present: Mary Jane Pillsbury, Chairman Pro Tem
Cindy Parola, Clerk Pro Tem
Renee Fernandes-Abbott
Brenda Eckstrom
Selectman Absent: Bruce Sauvageau
Present: Michael Hartman, Town Administrator
II. APPROVAL OF BANS
Present before the Board: John Foster, Treasurer/Collector
Mary Ann Silva, Town Clerk
Mr. Foster stated the Town received ten bids on the $8,501,000.00 Middle School & sewer system expansion Bond Anticipation Notes. He stated the net interest is split between First Southwest Co for $5,001,000.00 at a net interest cost of 3.92% & First Albany for $3,500,000.00 at a net interest cost of 3.92%.
MOTION: Selectman Parola moved, as Clerk of the Board of Selectmen of the Town of Wareham, Massachusetts, to certify that at a meeting of the Board held December 6, 2005, of which meeting all members of the Board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the Board in her custody, and further, that the Board approve the sale of a $5,001,000.00 4% Bond Anticipation Note, Series A of the Town dated December 15, 2005 and payable June 15, 2006 to First Southwest Company at par and accrued interest plus a premium of $17,703.54, and further, that the Board approve the sale of a $3,500,000 4.50 Bond Anticipation Note, Series B of the Town dated December 15, 2005 and payable December 15, 2006 to First Albany Capital Inc. at par
and accrued interest plus a premium of $38,150,000 and further, that the consent dated December 1, 2005 to the financial advisor bidding for the notes is hereby confirmed, and further, that the Clerk certifies that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed w/ the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the Town at least 48 hours, including Saturdays but not Sundays an legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection w/ the sale of the notes were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance w/ G.L. c. 39, s23B as amended. Selectman Fernandes-Abbott
seconded.
VOTE: Unanimous (4-0-0)
The Board proceeded to sign the BANS documents & Ms. Silva witnessed the signing.
NOTE: While the Board members were signing the documents, the meeting proceeded w/ item VIII. Announcements – A. The Recreation Department’s Annual Christmas Parade begins at 4:00 P.M. on 12/10/05 at Besse Park arriving at Memorial Town Hall at approx. 4:30 P.M. Santa will arrive by helicopter w/ candy for the children and the event culminates w/ fireworks. The rain date is Sunday, December 11, 2005.
B. The next meeting of the Board of Selectmen is 12/20/05, which will be a recognition night.
C. Dog licenses will become available for the year 2006 on 12/12/05.
Ms. Silva proceeded to swear in the Board re: the signing of the above documents.
III. CAMP, DRESSER & MCKEE UPDATE
Present before the Board: Michael Guidice
Mr. Guidice updated the Board on the following:
WPCF:
- Construction update – Punch list items 90% complete.
- Schedule update – Methuen Construction Co. to complete by 1/06.
- SCADA system checkout complete.
Mr. Guidice explained how SCADA allows the plant to operate on automatic mode & there is a 30-day period in which this mode runs for observation.
- Emergency generator tank replacement week of 12/12/05 due to a development of a leak that was detected.
Selectman Pillsbury asked if all equipment has been installed & operating. Mr. Guidice stated, “yes” w/ some items are being worked out at this time.
Selectman Fernandes-Abbott stated that the nitrogen levels have already been lowered which is very positive. Selectman Pillsbury discussed nitrogen level requirement limits & feels that the lowering of the nitrogen levels is good news for the rivers. The Administrator added that the phosphorous levels are down as well.
Weweantic Shores Sewers:
- Final paving at end of 1st Avenue completed.
- Contract closeout.
- Town to issue final betterments.
The Administrator explained that the betterments are not ready & the Town is waiting for a signed/sealed document at which time, when received, issuance of betterments can commence. He explained that the registering of the betterments & stated that betterments will not be included in the third quarter tax billing.
Rose Point Sewers:
- Easements filed at Registry of Deeds.
- DEP authorized Notice to Proceed on 11/11/05.
- Town issued Notice to Proceed on 11/11/05.
- Albanese Brothers, Inc. to start construction this week.
Mr. Guidice stated that the contractor plans to start in the Leonard St. area & that CDM is still working w/ the Conservation Commission on some issues.
Selectman Parola asked if there would be a phone number for residents to call if they have any concerns re: this project. Mr. Guidice stated Jim Brodeur will be the resident engineer for the project & he assumes there will be number available for residents.
- CDM letter on directional drilling costs.
The Administrator stated the cost is $244,000 & will appear on next week’s warrant for the Board to sign.
Briarwood Beach/Beaver Dam Estates Sewers:
- DEP agreed to issue Authorization to Award.
- Obtained bid extensions from RJV (contractor) through 12/16/05.
- Start construction January/February 2006.
Sewer Priorities List:
- Original list approved at 1/7/97 Board meeting.
- Five major criteria used to prioritize list:
1. Nitrogen levels in adjacent water bodies.
2. Area size and population density.
3. Board of Health records and questionnaire responses.
4. Geographic construction constraints (projects need to be next to existing system).
5. SRF Loan polices (based on eight construction contracts).
Selectman Parola stated it would be good to know what the current estimate figures are on the remaining projects due to increases in costs & bid competitiveness. Mr. Guidice explained how cost estimates are determined.
- Two contract scenario (approx. $5.5million contracts):
1. Tempest Knob/Agawam Beach/Parkwood Beach
2. Oakdale/Cromesett Park/Linwood & Ladd Aves./Mayflower Ridge
- Three contract scenario (approx. $3.5 million contracts):
1. Tempest Knob/Agawam Beach/Mayflower Ridge
2. Parkwood Beach/Linwood & Ladd Aves.
3. Oakdale/Cromesett Park
Mr. Guidice stated there would be a need to re-visit cost estimates due to increases in cost estimates from 1998. Anything larger than these figures, he feels contractors won’t have the bidding capabilities. He stated after re-visiting cost estimates the Board may have to re-think grouping these projects.
Selectman Eckstrom stated the Board of Health has been pushing for Linwood & Ladd Aves. for quick completion, but they do not seem to be first in line on the list. She asked that these two areas be considered a high priority. The Administrator added that there is a serious problem w/ the water table in these areas. Mr. Guidice stated that what he has presented are just preliminary scenarios & Linwood & Ladd Aves. could be moved into another contract.
Selectman Pillsbury stated that the SRF Loan program at the time (1997) was a 0% interest & now it is at 2%. She feels this needs to be looked at. The Administrator stated the Town would be interested in the SRF Loan program. Selectman Pillsbury stated the Town is trying to keep costs down for people w/ sewer, betterments, etc. & she understands that the sewer user rate has increased. She hopes to capture more users to the system because the more users the better for everyone. She added if the size of a project precludes grouping, then the Town will just keep moving forward. The Administrator added that the design could be brought forward at the Spring Town Meeting & funding at the Fall Town Meeting. Mr. Guidice explained that three projects could be put out to bid in one calendar
year.
Selectman Parola explained that when all these need areas are completed; the sewer plant will be at its capacity. She understands the criteria for the list, but feels that things have changed since it was approved. She believes some areas of Town that should be on the list are not, for example, Onset Island & Standish Shores. She expressed dissatisfaction w/ Onset Island residents stating they do not want the sewer when surrounding areas around the island have sewer & residents are paying for it. She explained that there is no land available on the island to put in septic systems. She doesn’t feel it is fair that other areas surrounding the island have to tie-in & pay their share of the system & the island residents stating they don’t want sewer. She expressed concern that
the island has gone from a seasonal area to a year round area. She discussed that many cottages on the island are rentals & the sewer use has expanded. Selectman Pillsbury stated the capacity issue of the plant & other areas that need to be sewered need to be discussed in the future. She does recall conversations held re: the future paths of sewer after these need areas have been completed.
Selectman Parola stated another issue is what the Town of Bourne is going to do relative to their portion of use of the Town’s sewer system. She stated currently, the Town of Bourne utilizes 17% of the systems capacity. If Bourne leaves, there may be some capacity left so there is a need to know what the percentage of capacity future projects will take up should some capacity become available.
The Administrator explained that DEP has begun not allowing sewer systems anymore w/in the Charles River watershed & they are now looking at utilizing diffusion systems & package plants to replenish the watershed.
Selectman Pillsbury clarified that Mr. Guidice, the Administrator, & relative personnel will discuss the priority list scenarios & will come back in mid-January to begin the process for the next areas to be placed on the Town Meeting Warrant.
Infiltration/Inflow Program:
- Draft report to Town in 12/05.
IV. CITIZENS PARTICIPATION
(NONE)
NOTE: The meeting proceeded w/ item VI. Town Administrator’s Report
1. Sewer Connection – 141 Minot Avenue, Map 41, Lots 1000-1001. Asked the Board to approve a sewer tie-in request for the property at 141 Minot Avenue. 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.
Present before the Board: Paul Pearle
MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board approve a sewer connections request for 141 Minot Avenue, Map 41, Lots 1000-1001, subject to the fee structure & conditions as follows:
· Payment is made of all appropriate fees, including the Residential Sewer Permit Fee;
· Waive the Sewer System Development Charge, which has been the practice when a resident has to install a pump chamber and/or force main & maintain at his/her expense;
· The homeowner shall install a pump chamber w/ a grinder pump w/ automatic controls including but not limited to a high level alarm, & automatic level contractors at his/her expense;
· The homeowner shall also incur all costs associated w/ the installation of all piping required to connect to the Town’s collection system;
· The homeowner shall maintain the operation of the pumps including but not limited to, operations costs, repair & maintenance costs & in the event there is a pump failure due to a mechanical failure or loss of power, the homeowner shall be responsible for having the contents of the 1000 gallon pump changer removed by a licenses septic hauler & bear all costs associated w/ pumping & disposal;
· The homeowner shall hire a licensed drain layer to perform this work per plans submitted by JC Engineering, Inc.;
· Prior to backfilling, all cleanouts, pipe & connections shall be inspected by the WPCF Dept. & an as-built drawing shall be submitted 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 (3-0-1)
Selectman Eckstrom abstained
2. Cell Tower Installation – Town Hall. Work has started on the installation of the cell tower at Town Hall. The Town will receive $1,800/month in rent from Omnipoint Holdings, Inc. (T-Mobile) for their use of the cupola for the tower. The tower will not be visible or cause any damages to the structure or architecture of the cupola.
3. Bid Award – Marion & Cromesett Road Intersection Reconstruction. At the recommendation of Maggie Smith, Purchasing Administrator & Mark Gifford, Director of Municipal Maintenance, the Administrator has awarded the bid for the reconstruction of the Marion Rd. & Cromesett Rd. intersection to L.A.L. Construction, Inc. in the amount of $174,000. This is a six-month contract.
Discussion ensued re: concerns re: the pole that is in this area & the fact that the asphalt plant will be closing shortly. The Administrator stated he is continuing to pressure those responsible for the pole to get it out of there. He stated that the intersection would not be completed until the spring.
Selectman Fernandes-Abbott asked re: the Weweantic Shores sewer betterments. The Administrator stated that the Town has done betterments not on a quarterly basis in the past, but the Town can do this. The Board can request that the betterments be quarterly. He explained that the Town is looking into seeing if it can be ordered when doing the commitment. He stated if billing betterments can be done quarterly & the Assessors agree, it will be put on the first quarter billing for next year.
Selectman Eckstrom asked if the easement issue for the Rose Point sewer project has been cleared up. The Administrator stated he gave packets of information to the Board on this matter. The Administrator explained that only seven of eleven residents were notified. He clarified that actually four residents were not notified because the other three were in estates. He explained that the appraiser did not have to go on three lots because they are on paper streets & the easement, as the law states, is in between the streets. Selectman Pillsbury asked if once the streets have been paved & up to par, will these roads be accepted. The Administrator stated, “yes”, but the property w/ the pump station will not be paved or accepted. He added that there have been
disputes in the Rose Point area re: paper streets & access to waterfront properties & that in the case of the paper streets, the appraiser did not notify these residents. Under law the Town has 30 days to notify residents after the taking (which is after the filing at the registry). A letter is being drafted to go out to these residents. Selectman Pillsbury stated that it seems everything was done under the law, but not done in an especially courteous manner as it could have. The Administrator stated that to avoid further miscommunication, Briarwood Beach residents would have seven days to respond (by letter) to the takings. If the residents do not respond, the Town will proceed w/ the takings.
Selectman Eckstrom asked when the Board approved the sewer user rates, when it would take effect. The Administrator stated that in the Board’s first meeting in November, the Board stated the new sewer rates would take effect in the next billing. He explained that there is a different billing cycle for this (September & March). Selectman Fernandes-Abbott feels the confusion is because the September billings went out late. Selectman Eckstrom expressed concern re: bills being due now w/ increases right before Christmas due to them being sent out late. Brief discussion ensued re: the odd billing cycle.
The Administrator stated presently, users are billed using EDU’s vs. usage costs. He feels once more users come on, the rate should go down & the Town going towards utilizing a consumption rate.
Selectman Fernandes-Abbott asked if once Weweantic Shores comes on line will there be a rate reduction. The Administrator assumed if the costs stay constant & the EDU system is used, the rate should go down. Brief discussion ensued. The Administrator feels the rate should stabilize. He explained that the betterment issues w/ Weweantic Shores need to come out & until then, this drives the costs up. Selectman Pillsbury stated that when the plan was presented by CDM at Town Meeting it was stated that the rate would be higher. Selectman Fernandes-Abbott stated she understands rate increases, but she would have felt more favorable if there had been a more gradual increase. Selectman Parola stated there hasn’t been an incremental increase in a long time.
Selectman Eckstrom asked re: using water meters to measure usage. The Administrator stated it appears that Onset will be changing its software to the same software Wareham utilizes which will make it easier to share data between the Districts, if & when it is worked out. Brief discussion ensued re: issues that need to be worked out.
Selectman Parola cautioned that usage rate vs. EDU’s can be a double-edged sword, even though it is more fair to utilize the usage rate.
V. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
(NONE)
B. Appointments to boards, committees, commissions, etc.
1. Assistant Graves Officer
2. Conservation Commission
3. Board of Health
MOTION: Selectman Parola moved the Board appoint Louis G. Bianco as the Assistant Graves Officer to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Parola moved the Board appoint Anthony G. Leone as an associate member to the Conservation Commission to a term to expire 6/30/06. Selectman Eckstrom seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Parola moved the Board appoint Sandra M. Schutt as an associate member to the Board of Health to a term to expire 6/30/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
NOTE: Selectman Parola asked, in the future, that the application process be re-vamped for ethics concerns, for example, asking if a spouse or significant other works for the Town. She cited that it was discovered that a FinCom member's wife works for the town, which was not disclosed. She would like this entry to be put on the application. She also expressed concern re: members of some boards taking extended vacations, which create quorum issues.
The Administrator agreed that this entry should be placed on the application & added that the FinCom member may not have known it was a conflict of interest issue. Other towns do have this on their applications. Selectman Eckstrom suggested if this entry is put on the application, examples of conflict of interest disclosures should be listed as well.
Selectman Parola again expressed concern re: members of some committees taking lengthy vacations.
Selectman Pillsbury suggested working w/ the Administrator to change the application, then having it brought back before the Board for review. The Board members concurred.
Selectman Fernandes-Abbott asked how the applications are distributed to those interested in filling one out. She stated for example, she has seen a copy of an application for CEDA in which she serves, but the committee never saw the application. Selectman Parola feels the application should be sent to the committee. The Administrator assumed that the Board’s office sends the application to the first committee the applicant is interested in, but it could be sent to all the committees the applicant has listed. Selectman Pillsbury stated she would inquire of Barbara Ford re: this matter.
VI. TOWN ADMINISTRATOR’S REPORT
(DONE)
VII. LICENSES & PERMITS
A. Renewal of the following Year-Round Common Victualer All Alcoholic Beverages License for the year 2006, under the provisions of MGL c.138.
1. Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacquelyn Hoban, Manager, 2691 Cranberry Highway, Wareham.
B. MOTION: Selectman Parola moved & Selectman Fernandes-Abbott seconded that the Board approve the renewal of the following Year-Round Common Victualer All Alcoholic Beverages License for the year 2006, under the provisions of MGL c.138.
1. Kaimo Corp. d/b/a Shooter’s Restaurant & Sports Bar, Jacquelyn Hoban, Manager, 2691 Cranberry Highway, Wareham.
VOTE: Unanimous (4-0-0)
VIII. ANNOUNCEMENTS
(DONE)
IX. BUSINESS
A. Any other business.
1. Interchange Study.
Selectman Parola stated at the SRPEDD & MPO meeting she attended she was told that A.D. Makepeace had contacted SRPEDD directly re: the interchange study. She stated that Makepeace should not have done this & they were notified that they should not do this. She asked why nothing has been done yet re: this study.
The Administrator stated he has spoken at length w/ Mr. Millar & Mr. Hogan. He was told that Mr. Hoban is working on the material to be submitted. He stated Mr. Millar has asked to forward a letter w/ information when received, but nothing has been received yet because Makepeace has not submitted material yet.
2. Cranberry Highway Project.
Selectman Parola stated that MA Highway has a new director/commissioner. She was told that an individual district of MA cannot hire consultants by themselves, thus MA Highway cannot hire a consultant for the Cranberry Highway project. She explained that MA Highway is relinquishing control of many projects after they are complete & giving responsibilities to towns. MA Highway has done everything to advise Boston of this matter. She suggested writing a letter to Boston inquiring that the new director/commissioner hire a consultant for this project.
The Administrator stated he met w/ those involved two weeks ago & they were under the impression that the Right of Way Division hired a consultant. He will look into the confusion. Selectman Parola stated if a consultant has been hired, the Board needs to speak w/ them. The Administrator added that the consultant is un-informed of some information.
3. Commuter Rail Study.
Selectman Parola stated the final scope of work for the Commuter Rail Study will be coming out shortly & the Bike Path Study will be coming out as well. She added that a feasibility study would be completed & paid by SRPEDD.
X. SELECTMEN’S REPORTS
A. Selectman Eckstrom – She reminded the Board members re: the 40B Housing Plan she is working on. She asked the Board if she could work w/ Jon Witten to review the plan. Selectman Pillsbury asked that Selectman Eckstrom re-distribute the information to the Board. Brief discussion ensued. The Board concurred to have Selectman Eckstrom work w/ Jon Witten.
XI. ADJOURNMENT
MOTION: Selectman Fernandes-Abbott moved at 8:45 P.M. to enter into Executive Session for the purpose of discussing litigation. Selectman Parola seconded.
POLLED VOTE: Selectman Parola – Yes
Selectman Fernandes-Abbott – Yes
Selectman Pillsbury – Yes
Selectman Eckstrom – Yes
VOTE: Unanimous (4-0-0)
Respectfully transcribed and submitted,
Kelly Barrasso
Kelly Barrasso
The aforementioned minutes were submitted to the Board of Selectmen/Sewer Commissioners & approved on 1/3/06
Attest: Cindy K. Parola
Cindy Parola, Clerk Pro Tem
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date signed: 1/3/06
Date copy sent to Wareham Free Library: 1/5/06
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