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Selectmen's Meeting Minutes 04/11/06
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting:  April 11, 2006
Date of Transcription:  April 12, 2006
Transcribed by:  Kelly Barrasso

I.      CALL MEETING TO ORDER

The meeting was called to order at 7:00 P.M.

NOTE:   Selectman Eckstrom invoked Article 88, s. 3 for Selectman Sauvageau to be Chairman for this meeting.

A.      Roll Call

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

Chairman Sauvageau introduced Mr.  Potter to the public as the Board’s newest Selectmen.

Mr. Potter thanked his family, friends, & voters in Town who helped elect him.  He plans to do the best job to the best of his capacity & he looks forward to working w/ the Board.

NOTE:   The meeting proceeded w/ item III.  Citizens Participation – NONE.

II.     RE-OPEN CLASSIFICATION HEARING

MOTION: Selectman Fernandes-Abbott moved to re-open the hearing.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Present before the Board:       Paul Keefe, Director of Assessing

Mr. Keefe informed the Board that they need to sign form LA5 re:  adopting the residential factor of “1”.  He added that a figure needs to be placed in #8 of the document.  This figure is $4,919.45 which represents the excess levy.  He discussed the excess levy capacity & what it is.

The Board members proceeded to sign the LA5 form.

MOTION: Selectman Fernandes-Abbott moved to close the hearing.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

III.    CITIZENS PARTICIPATION
(DONE)

IV.     CONSENT AGENDA

A.      Authorization to sign bills, documents, etc.

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice from Albanese Brothers, Inc. in the amount of $281,029.00 re:  East River, Broad Cove, & Glen Cove stormwater remediation project.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice from RJV Construction Corp. in the amount of $126,350.00 re:  the Briarwood Beach/Beaver Dam Estates sewer project.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice #80222600/6 from Camp, Dresser & McKee in the amount of $3,020.64 re:  engineering services for the GS services during sewer construction in the Briarwood Beach area.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice #80222601/3 from Camp, Dresser & McKee in the amount of $17,276.24 re:  resident engineering services during sewer construction in the Rose Point area.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice #80222602/7 from Camp, Dresser & McKee in the amount of $7,138.10 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 authorize the Chair to sign invoice #80222688/59 from Camp, Dresser & McKee in the amount of $4,908.51 re:  engineering services to provide construction & O&M services for the Wareham WPCF upgrade project basic services portion to bidding.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice #80224472/8 from Camp, Dresser & McKee in the amount of $14,018.21 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 authorize the Chair to sign invoice #80224473/4 from Camp, Dresser & McKee in the amount of $24,882.29 re:  resident engineering services during sewer construction in the Rose Point area.  Selectman Potter seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice #80224474/7 from Camp, Dresser & McKee in the amount of $3,852.86 re:  engineering services for the GS services during sewer construction in the Briarwood Beach area.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

MOTION: Selectman Pillsbury moved the Board authorize the Chair to sign invoice #80224471/1 from Camp, Dresser & McKee in the amount of $8,038.38 re:  residential engineering services during sewer construction in the Briarwood Beach area.  Selectman Potter seconded.

VOTE:  Unanimous (5-0-0)

B.      Appointments:  Certified Weighers.

MOTION: Selectman Pillsbury moved the Board appoint Leonard Maxim as a Certified Weigher to a term to expire 6/30/07.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

V.      TOWN ADMINISTRATOR’S REPORT

1.      Fourth Quarter Sewer Usage Bill – Town of Bourne.  Asked the Board to approve the fourth quarter sewer bill for the Town of Bourne in the amount of $56,013.15.  This includes $48,245.05 for Bourne’s share of the treatment plant & $7,768.10 for their share of the pumping stations.

MOTION: Selectman Pillsbury moved the Board approve the fourth quarter sewer bill for the Town of Bourne in the amount of $56,013.15 & to commit this amount to the Town Treasurer/Collector.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

2.      FY2006 Capital Charges – Town of Bourne.  Asked the Board to approve the FY2006 Capital Charges for the Town of Bourne in the amount of $188,477.53.  Per the Inter-Municipal Agreement, Bourne is responsible for a percentage of the capital costs incurred by the Water Pollution Control Facility.  

The Administrator stated the percentage Bourne is responsible for is approx. 18.79% which is represented in the amount shown above.

MOTION: Selectman Pillsbury moved the Board approve the FY2006 Capital Charges to the Town of Bourne for its share of the capital costs associated w/ the Water Pollution Control Facility upgrade in the amount of $188,477.53 & to commit this amount to the Treasurer/Collector.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

3.      STOP Sign Request – Tremont Road & Main Street.  A request has been received from Chief Joyce & Mark Gifford for a STOP sign at the intersection of Tremont Rd. & Main St.  This will replace the YEILD sign currently at this location.  The increase in traffic at this location has resulted in several rear-end collisions & the addition of the STOP sign will provide a more consistent traffic movement  The Administrator concurs w/ their recommendations & asked the Board approve this request.

MOTION: Selectman Pillsbury moved the Board approve the installation of a STOP sign at the intersection of Tremont Road & Main Street to replace the existing YIELD sign.  Selectman Fernandes-Abbott seconded for discussion.

NOTE:   Discussion ensued re:  where this area is located.  Selectman Fernandes-Abbott questioned if the road being named Tremont Rd. is actually Main St.  The Administrator stated Chief Joyce & Mr. Gifford are calling this portion Tremont Rd.  Brief discussion ensued.

VOTE:  Unanimous (5-0-0)
4.      Agreement for Consulting Services – Reinhardt Associates.  The Board has received a copy of the consulting services agreement for the Public Safety Feasibility Study for their information & ratification.

5.      Briarwood/Beaver Dam Sewer Takings.  The Administrator expects to have these documents for the Board’s signature tonight.

6.      Class II License – Mr. Beauchemin.  Asked the Board re:  the direction it wants to take re:  Mr. Beauchemin’s request to relocate his Class II license back to Depot St.  Mr. Beauchemin is concerned there is no provision re:  transferring this license.  

The Administrator interprets the Board’s policy to say that Mr. Beauchemin would be exempt from turning in his license since he is the existing license holder.  He doesn’t want to lose it.  He stated the special permit is still valid, but he will not be allowed to place more than three cars at Depot St. unless he goes before the ZBA.

Selectman Eckstrom stated she doesn’t have a problem w/ the request, but she wasn’t on the Board when this policy was adopted.  She understands what Mr. Beauchemin is trying to do.

Selectman Fernandes-Abbott asked if Mr. Beauchemin would have to turn in the license.  The Administrator stated “yes” & Mr. Beauchemin would have to file a new license application & the Board will need to approve or deny.

Selectman Pillsbury feels the policy wasn’t made to catch someone in this type of way.  She has no problem w/ the request.  The other Board members concurred.

The Administrator stated provided Mr. Beauchemin submits his application promptly, this matter may be on the Board’s agenda for next week.

Selectman Eckstrom asked  if the Board will have to vote on the consultant services of Reinhardt Associates.  The Administrator explained that he didn’t realize it was a contract for consultation services.  He discussed the policy re:  the Board being the awarding authority.  He discussed how the Board will have to ratify this agreement.

Chairman Sauvageau stated when looking at the scope of services, he didn’t see where it states the Town is seeking the scope of design that will include the existing site or proposed alternative sites.  He feels this was the goal of the consultation.  The Administrator stated the scope of services is included & stated where it is included in the documents.  He added, to reinforce this, Reinhardt & Associates met w/ the Police Feasibility Study Committee to review the scope for the existing site, the alternative site off Minot Ave., & one other alternative site that needs to be identified.  Chairman Sauvageau asked if the consultants understand their charge.  The Administratror stated “yes”.

Selectman Eckstrom feels this was a Police Feasibility Study & the Fire Disrict has indicated they are not interested at this time re:  a municipal safety complex.  In the scope it indicates that the Fire District be included.  The Administrator explained what the consultants will be doing re:  the Fire District(s) in which the Fire District will fund this portion of the scope.

Selectman Eckstrom noted the compensation to the consultant will be $25,000.  She asked if this was a negotiated price.  She added that the Town of Westport did a similar study for a combined municipal safety complex & it cost them $10,000.  The Administrator stated that the RFP went out specifying that the study would cost not more than $35,000.  Selectman Pillsbury feels the difference in scope may be the difference in price.  Selectman Eckstrom indicated that it was a whole public safety facility in Westport.  The Administrator feels the Westport study may have been only looking at one site whereas the Town’s study will be looking at three sites.

MOTION: Selectman Pillsbury moved the Board ratify the agreement reached between Reinhardt & Associates & the Administrator for the Police Feasibility Study.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

7.      RFP for Legal Counsel.  Updated the Board on the RFP for legal counsel.  He asked if the targeted mailing is requested or just an advertisement.  Chairman Sauvageau feels that both should be done.  Selectman Eckstrom asked which method received more applicants last time.  The Administrator indicated the mailing did.

The Board members concurred to do both a mailing & advertisement.

The Administrator stated he is in the process of setting up second interviews.  He asked if the Board wishes to hold these interviews before or after the advertisement & the mailing.  Selectman Eckstrom suggested no conducting the second interviews in May due to the appointment of Kopelman & Paige for six months.  Chairman Sauvageau stated the point of hiring Kopelman & Paige for six months was to give the Board time for this process.  Thus, the Administrator concluded that advertisements will be placed to widen the scope, then the first round of interviews will be scheduled, & from there, the second round of interviews.  The Board members concurred.

Selectman Fernandes-Abbott asked if letters should be sent to prior candidates/interviewees stating that the Board is still working through the process.  The Board members concurred.  Chairman Sauvageau suggested the letter be sent to Kopelman & Paige as well.

Selectman Fernandes-Abbott stated that the Board didn’t meet w/ CDM in April.  The Administrator stated CDM should be on the agenda for next week.

VI.     LICENSES & PERMITS

A.      Application for use of Town roads for the YMCA 4th Annual Wareham 5K Road Race to benefit membership scholarships scheduled for Sunday, May 7 beginning at 8:00 A.M. & ending at 10:30 A.M.
B.      Application for use of Town roads for the YMCA “Make It Happen” Youth Triatholon to benefit membership scholarships scheduled for Wednesday, June 7 beginning at 8:00 A.M. & ending at 10:30 P.M.

No-one was present to represent the applications.

MOTION: Selectman Pillsbury moved the Board approve the application of the Wareham YMCA, 33 Charge Pond Rd., Wareham for use of Town roads for the YMCA 4th Annual Wareham 5K Road Race to benefit membership scholarships scheduled for Sunday, May 7 beginning at 8:00 A.M. & ending at 10:30 A.M. & the application of the Wareham YMCA, 33 Charge Pond Rd., Wareham for use of Town roads for the YMCA “Make It Happen” Youth Triatholon to benefit membership scholarships scheduled for Wednesday, June 7 beginning at 8:00 A.M. & ending at 10:30 P.M.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)
VII.    ANNOUNCEMENTS

A.      Town Meeting (business portion) begins at 7:00 P.M. on April 14, 2006 in the WHS auditorium.
B.      Change of hours for most of Memorial Town Hall offices:  Open until 7:00 P.M. on Tuesdays & close on Fridays at 12:30 P.M.
C.      The Navy SeaBees of America will be holding a dinner show on 5/13/06 at the Wareham Elks at 6:00 P.M.  Tickets are $25.00.  The proceeds will go to help Homes for the Troops.
D.      A public meeting will be held by the Police Feasibility Study Committee on 5/11/06 at 7:00 P.M. in the Library.  The meeting is for public awareness to understand what the Committee is looking for in the Police Study.

VIII.   BUSINESS

A.      Vote Town Meeting Warrant Articles.

1.      Special Town Meeting Warrant Articles.

Article 1 – Supplemental Budget  

The Administrator stated the FinCom recommended appropriations totaling $515,991.00.  He discussed items that will make up the supplemental budget.

Brief discussion ensued re:  the WPCF retained earnings account.  The Administrator explained that this is an annual action.  This account needs to be depleted every year & monies placed in expenses.  He also explained that betterments can’t be covered under retained earnings.

MOTION: Selectman Fernandes-Abbott  moved Favorable Action on Article 1 of the 4/24/06 Special Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Selectman Pillsbury asked how much money came in from the hotel tax this year.  The Administrator stated $36,000 & there is no balance left in this account.

Article 6 – Zoning:  Transportation Uses

Planning Board Voted:  Favorable Action.

MOTION: Selectman Pillsbury moved Favorable Action on Article 6 of the 4/24/06 Special Town Meeting Warrant.  Selectman Potter seconded.


VOTE:  (4-1-0)
Selectman Eckstrom opposed

Selectman Pillsbury asked Selectman Eckstrom why she was opposed to the article.  Selectman Eckstrom explained that she is opposed to this article because she feels the area indicated for a transportation area should not be a transportation center.

Article 7 – Zoning:  Enforcement Officer – Comprehensive Permits

The Planning Board Voted:  Favorable Action – 6-0-0.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 7 of the 4/24/06 Special Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Article 8 – Zoning:  Service Establishments

The Planning Board Voted:  Favorable Action.

Selectman Fernandes-Abbott stated there was a lot of debate from the Planning Board re:  service establishments vs. service related shopping.  Some at the meeting felt this article was somewhat ambiguous.  The Planning Board disagreed.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 8 of the 4/24/06 Special Town Meeting Warrant.

NOTE:   There was no second.  Selectman Pillsbury stated she would like to review this article more closely.  Selectman Eckstrom agreed.  Selectman Fernandes-Abbott withdrew her motion.

Article 9 – Zoning:  Permitted Signage

The Planning Board tabled this article.

Article 10 – Zoning:  Fee Submittal Language

The Planning Board Voted:  Favorable Action w/ revisions.

Selectman Fernandes-Abbott stated there were some Scribner errors w/in the article that needed to be revised.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 10 of the 4/24/06 Special Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Article 11 – Zoning:  Prohibit Storage Containers

The Planning Board Voted:  Further Study.

MOTION: Selectman Pillsbury moved Further Study on Article 11 of the 4/24/06 Special Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Article 12 – Zoning:  Retail Uses In Industrial Zone

The Planning Board Vote:  Favorable Action 5-1-0.

Selectman Fernandes-Abbott stated this is a hot topic re:  retail uses in industrial areas.  This article will disallow retail uses unless it is a secondary business.

Chairman Sauvageau discussed other exclusions contained in the article.  His consistent objection to this article is that it doesn’t allow flexibility in the industrial zone.  There isn’t a big demand for industrial capacity in this area.  By restricting the use of retail uses, it hinders the value of an industrial area & the value of space would be less due to the lack of demand.  Brief discussion ensued.

Selectman Fernandes-Abbott feels it is understood that if an industry came in it would be able/allowed to sell their wares.  Brief discussion ensued.

The Administrator explained that the West Wareham Strategic Planning Committee also voted unanimously on this article.  They want to protect industrial activity in the industrial zone especially w/ the new plaza most likely coming in.  They don’t want to see a smaller version of the plaza coming in & loss of jobs.  Discussion ensued.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 12 of the 4/24/06 Annual Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  (3-2-0)
Selectmen Eckstrom & Sauvageau opposed

Article 13 – Zoning:  Residential Uses:  Manufactured Homes Language

The Planning Board tabled this article.

Selectman Fernandes-Abbott stated there are questions re:  the definition of manufactured homes.  Manufactured homes vs. modular homes were discussed.  Mr. Gricus will be obtaining legal definitions.

Article 14 – Zoning:  Performance Standards

The Planning Board Voted:  Favorable Action – 6-0-0 w/ amendments.

Selectman Fernandes-Abbott stated there were some scribner errors & deletion of sections contained in this article.  

The Board members concurred to hold off on voting on this article at this time.

Article 15 – Zoning:  Non-conforming Uses, Structures & Lots – New Subsection.

The Planning Board Voted:  Favorable Action.

Selectman Fernandes-Abbott read the explanation of this article.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 15 of the 4/24/06 Special Town Meeting Warrant.  Selectman Eckstrom seconded.

VOTE:  Unanimous (5-0-0)

Article 16 – Zoning:  Cluster Development & Inclusionary Housing

The Planning Board tabled this article.

Selectman Fernandes-Abbott stated the Planning Board questioned why these two topics (cluster development & inclusionary housing) were put together in one article.  They feel they could be separated.  

Some Board members questioned why this is a question at this point.  Selectman Fernandes-Abbott stated the Planning Board wants to separate these two items.  She discussed other concerns re:  no incentive for developers of six units to include one inclusionary unit due to the fact that it would be more beneficial to the developer to do a 40B.  Chairman Sauvageau feels this is why the inclusionary item was included in this article.  Discussion ensued.

The Board members concurred to table this article at this time.

Article 17 – Zoning:  Additions to Site Plan Review

The Planning Board tabled this article.

Article 18 – Zoning:  Add New Zoning District VI
Article 19 – Zoning:  Add VI District to Use Tables
Article 20 – Zoning:  Add VI District to Density/Dimensional Regs.
Article 32 – Zoning:  Amend Zoning Map

The Planning Board Voted:  Further Study on articles 18,19,20, & 32.

MOTION: Selectman Fernandes-Abbott moved Further Study on Articles 18, 19, 20, & 32 of the 4/24/06 Special Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Article 23 – Zoning:  Sign Regs for CG & CP Districts
Article 24 – Zoning:  Design Standards for Commercial Districts & Retail Uses in Industrial Districts

The Planning Board tabled these articles.

Selectman Fernandes-Abbott stated Articles 21 & 22 will be discussed at the Planning Board hearing on 4/24/06.

Brief discussion ensued re:  how to have two members of the Board attend the Planning Board hearing on 4/24/06 when the Board has its own meeting on this date.

Brief discussion ensued re:  the document for the BDOD.  The Administrator stated this document should be ready by the Board’s next meeting & if not, the Board will have to vote No Action.

2.      Annual Town Meeting Warrant Articles.

Article 5 – Elected Officials’ Salaries

The Finance Committee Voted:  Favorable Action- 6-0-0.

Article 6 – Budget

The Finance Committee Voted:  Favorable Action – 5-0-0.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 6 of the 4/24/06 Annual Town Meeting Warrant in the amount of $56,650,370.  Selectman Eckstrom seconded for discussion.

NOTE:   Chairman Sauvageau asked if the Upper Cape article (#7) is included in the budget.  The Administrator stated “yes”.  Brief discussion ensued.

Selectmen Fernandes-Abbott & Eckstrom withdrew their motions.

Chairman Sauvageau asked the Administrator to supply numbers for each article.

Article 14 – Head Start

The Finance Committee Voted:  No Action – 6-0-0.

The Administrator briefly discussed the Oak Grove parcel & Head Start.  He discussed where in the process this issue is at.

Article 28 – Petition:  Surviving Spouse Insurance Premiums

The Finance Committee Voted:  No Action 7-0-0.

MOTION: Selectman Fernandes-Abbott moved No Action on Article 28 of the 4/24/06 Annual Town Meeting Warrant.  Selectman Eckstrom seconded.

VOTE:  (4-0-1)
Selectman Pillsbury abstained

Article 30 – Petition:  Community Events Funding

The Finance Committee Voted:  No Action – 7-0-0.

MOTION: Selectman Eckstrom moved No Action on Article 30 of the 4/24/06 Annual Town Meeting Warrant.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)

Selectman Fernandes-Abbott feels this is a discussion that needs to be held re:  the request for use of hotel tax monies (for this article) & how this hotel tax money is being spent.  The Administrator stated it is spent on seasonal police & finances the Town’s portion of the fireworks (starting two years ago).

Selectman Eckstrom stated she would like to see this article broken up into the separate organizations.  Selectman Fernandes-Abbott agreed, but stated in moving forward there is a need to look at the hotel tax.

Selectman Pillsbury expressed concern that the hotel tax was always meant to go towards what Article 30 is proposing, not seasonal police.  Chairman Sauvageau feels that good economic development would help the situation.  It is unfortunate to make these choices due to the economic condition the Town is in.

Article 22 – Additional Liquor Licenses

MOTION: Selectman Pillsbury moved Favorable Action on Article 22 of the 4/24/06 Annual Town Meeting Warrant.  Selectman Eckstrom seconded.

VOTE:  Unanimous (5-0-0)

Article 21 – Rescind Vote:  Day Camp Enterprise Fund

The Finance Committee Voted:  Favorable Action 6-0-0.

Discussion ensued re:  this article & how this will be offset.  The Administrator stated this article is a result of a recommendation of DOR to move it into the budget.  He added that there is an understanding that at a point in time when revenues cannot support this program, it will be cut, the same as the COA.

MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 21 of the 4/24/06 Annual Town Meeting Warrant.  Selectman Pillsbury seconded.

VOTE:  Unanimous (5-0-0)

Article 24 – Land Acquisition:  Oak School Parcel

The Finance Committee Voted:  Favorable Action 6-0-0.

The Administrator stated that the site plan requires land be inclusionary for the Oak Grove School & it will save the Oak Grove.  Discussion ensued re:  this area & if it is buildable.

The Board concurred to table this article at this time.

IX.     SELECTMEN’S REPORTS

A.      Selectman Pillsbury – Stated she would like the following issue placed on a future agenda.  She stated if there is a prospect that Bourne will be leaving the Town’s sewer system, it will impact all of the users.  She feels the Board should increase areas or identify areas that could be placed into the system if Bourne leaves, to make up for this loss.  If Bourne leaves, the user costs will go up 18% (which is the percentage Bourne uses).  Chairman Sauvageau feels the users would only have to pay the debt, not the usage.

Discussion ensued re:  how this would impact users.

The Administrator feels Bourne would be on the hook for the debt service.  He stated Bourne is telling him that there is an object of disagreement re:  a possible expansion of their sewer system for the balance of Buzzards Bay.  He doesn’t know if they are set on what they are doing yet.

Selectman Pillsbury stated if this percentage of usage is lost, the users will have to pay this 18%.  She asked if there was to be a potential loss, could the Town sewer another area or two to make up the 18%.  The Administrator stated there is another issue to consider.  Once all the sewer projects are completed & the sewer plant’s capacity is reached, the Board may see requests for other sewerage demands.

Selectman Pillsbury asked if the Board of Health could identify an area(s) to fill this 18% gap. She feels this should be done. The Administrator replied “yes”.  If Bourne leaves, the Town will have to appropriate 170,000 gallons of capacity.

Selectman Eckstrom suggested looking at target areas by looking at a map where sewers already are & connect the dots.  Discussion ensued.

The Board concurred to have a meeting w/ the WPCF Building Committee to discuss this issue.  (Representatives of Bourne are on this Committee).

B.      Selectman Fernandes-Abbott – Spoke re:  the Tobey Will Fund.  She expressed concern re:  where the fund will go in the future.  The requests for monies from this fund become more & more & larger.  For example, requests are in excess of $160,000.  All program requests have merit & it is very hard to make decisions on funding.

Selectman Fernandes-Abbott stated that in 1998 there was $500,000 in the fund.  What comes out of the fund’s interest is money for advertising & disbursements.   The money is held in Trust & is placed in a money market account now which has been poor.  The current rate is 4%.

Selectman Fernandes-Abbott expressed concern that if the Town wants to sustain the fund it would be best to set some policies, for example, never going below a certain amount of principle or suspend funding until a certain level in the fund is sustained.  The court case the Town won was loose re:  details & specifics.

Selectman Pillsbury feels that only the interest the fund generates can be spent.  She read a portion of the Will into the record.  She feels the disbursement of this money will have to be suspended until the principle amount is back up to $500,000.  Selectman Fernandes-Abbott stated that only interest has been utilized according to Mr. Bliss, Town Accountant.

Chairman Sauvageau questioned what the investment restrictions are.  The Administrator stated all municipal money is restricted as to how it can be invested.  He briefly explained the investments that can be made.  Discussion ensued.

Discussion ensued re:  if current requests for funding can be granted at this time due to the circumstances.  The Administrator stated that the Board had identified a problem & couldn’t knowingly violate the terms of the court settlement & go into the principle.

The Board concurred to have Selectman Fernandes-Abbott write a letter to the current applicants & to the Town of Middleboro re:  the circumstances & that no further requests will be honored at this time.

Selectman Fernandes-Abbott spoke briefly re:  the draft letter addressed to Priscilla Porter pertaining to the Personnel Plan.  She asked for the Board’s agreement w/ the content of the letter.  The Board concurred.

X.      ADJOURNMENT

MOTION: Selectman Pillsbury moved to adjourn the meeting at 9:22 P.M.  Selectman Fernandes-Abbott seconded.

VOTE:  Unanimous (5-0-0)



Respectfully submitted,

Kelly Barrasso
Kelly Barrasso, Transcriptionist

The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on June 6, 2006.

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

Date signed:  June 7, 2006
Date copy sent to Wareham Free Library:  June 8, 2006