MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: January 17, 2006
Date of Transcription: January 19, 2006
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:02 P.M.
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman
Mary Jane Pillsbury, Clerk
Renee Fernandes-Abbott
Cindy Parola
Brenda Eckstrom
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
Present before the Board: Sam Corbitt, Fireworks Committee
Mr. Corbitt stated he has spoken w/ other area towns re: holding the 4th of July fireworks on the same night to reduce traffic, safety issues, etc. He added that Marion should inform its fireworks company by 1/31/06 with the date they would have their fireworks.
Mr. Corbitt stated, in the past, the Board has chosen the actual 4th of July to hold their fireworks, but this year the 4th of July falls on a Tuesday. He stated there are three choices: hold the fireworks on Saturday, July 1, Monday, July 3, or Tuesday, July 4. He added that Marion has agreed to hold their fireworks on the same day the Board decides. New Bedford will hold their fireworks on Saturday, July 1 & he is unsure about Mattapoisett’s date.
Selectman Parola stated that the Board has never strayed from the actual 4th of July date. Mr. Corbitt stated he understands, but after last year’s fireworks, he received calls expressing that the next day was a workday & attendance was down. He stated the fireworks could be held on Tuesday, July 4 if the Board decides.
Selectman Parola questioned if the Board votes to hold the fireworks on Saturday, July 1, will the Town lose whatever it has gained relative to holding the fireworks the same night as other towns. Mr. Corbitt believes the fireworks in Town have become too popular. There are so many people coming to Town at once on the 4th of July. Marion has the same concerns as Wareham relative to packing so many people onto one beach, although last year’s fireworks attendance was down due to the next day being a workday. He assumes there will be greater attendance if the fireworks are held on Saturday, July 1 or Monday, July 3. Selectman Fernandes-Abbott indicated that Monday, July 3 is not a holiday, but the next day is.
Selectman Fernandes-Abbott stated that she is in favor of holding the fireworks on Tuesday, July 4. Selectman Parola agreed & added that the fireworks have always been on the actual 4th of July. Mr. Corbitt stated if Wareham holds their fireworks on a different night vs. the other towns, there would be greater volume & more concerns/work for Town service departments. Selectman Eckstrom stated that she prefers having the fireworks on Monday, July 3 because the next day is a holiday. Selectman Pillsbury stated that she has always preferred the actual 4th of July for the fireworks although she understands it is hard for those who have to work the next day. She stated she would be in favor of holding the fireworks on Tuesday, July 4. Chairman Sauvageau feels the fireworks
should be held on Monday, July 3, but the majority of the Board concurs w/ Tuesday, July 4. Thus, Mr. Corbitt stated he would inform the fireworks company that the Town has chosen Tuesday, July 4 to hold their fireworks.
Mr. Corbitt updated the Board on the status of the fireworks fund. Contributions & canister collections were down last year, thus there is $400.00 still owed to the fireworks company for last year. He read names into the record of those who contribute 1/3 of the funds needed for fireworks.
III. DEPARTMENT OF REVENUE – TAX BILLS
Chairman Sauvageau discussed the letter sent to the Assessors from DOR dated 1/4/06 re: non-submittal of recapitulation, no approval from DOR, request for more information, & MA General Laws.
The Administrator stated that the issue is being addressed. He discussed the following re: DOR's request of the Town:
1. Placement of an advertisement re: error. The Administrator stated an advertisement was placed & was advertised on 1/12/06. Said advertisement indicated that the tax bills were valid, but not enforceable.
2. Submit pro-forma recapitulation. The Administrator stated this has been done.
3. DOR approval.
4. After DOR approval, Town needs to place an advertisement w/ new due dates for tax bills.
5. Town is required to conduct a mass mailing to taxpayers indicating new due date of tax bills (due 30 days following DOR approval).
The Administrator stated there had been a communication problem between the collector & the assessor. Two of the three financial officers were absent the day the bills were mailed out. In place now is a requirement of the members of the financial team to meet with the Administrator on various scheduled dates to review what is going on. The Administrator stated that the financial officers are now required to meet with him weekly in order to be certain that information is shared fully.
Chairman Sauvageau asked what the cost is to taxpayers for the advertisements & extra mailings. The Administrator estimates the cost to be approx. $4,000 - $4,500 for the two advertisements & the extra mailings. He indicated that this money would come out of the Treasurer/Collector’s office.
Chairman Sauvageau asked when the tax bills would be corrected. The Administrator stated the tax bills are correct. There is nothing wrong with the bills. The DOR just had not certified them yet. The required mailings should go out by the end of the week if DOR approves.
Chairman Sauvageau asked if the Administrator has publicly stated everything re: this matter. The Administrator stated, “yes.”
Chairman Sauvageau expressed anger & concern re: this matter. He stated this is the third time an issue has come out of this office, but more importantly is the issue of disclosing this issue publicly. He feels it should have been disclosed publicly at the Board’s last meeting. He stated he made three attempts to make this disclosure public. He feels there was an attempt to not have it disclosed publicly.
Chairman Sauvageau stated he had requested of the Administrator to have the department heads involved come before the Board. The Administrator had agreed to this. When he (Chairman Sauvageau) was away & out of the country, this matter was pulled off the agenda & he doesn’t understand why. He received a call from Town Counsel admonishing him for requesting department heads to meet w/ the Board & interfering w/ day-to-day management. He stated he never contacted the department heads & only had a discussion of this w/ the Administrator. Valuable money was used on legal counsel to offer an opinion re: the Chair of the Board has no authority to request department heads come before the Board. The Chair does have the authority to place matters on the agenda. He feels
there was no reason for this matter to be taken off the agenda & seeking a legal opinion for what was already known to him. He added that he also received e-mail from a Board member asking that this matter not be brought forward. As Chairman, he stated he never wants to hear from an Administrator that issues aren’t to be placed on an agenda.
The Administrator stated he didn’t remove this matter from the agenda, but he did consider that it should be removed. The order given to Barbara Ford, Administrative Assistant to the Board was that she was to prepare a memo to order the department heads involved come before the Board. He feels this whole matter didn’t happen the way Chairman Sauvageau is describing. Chairman Sauvageau disagreed.
Selectman Eckstrom clarified that two out of the three financial officers had the day off the day the tax bills were mailed. She asked who allows them to take a day off. She expressed concern re: these officials are taking days off during this important time & there was no one there to give direction. The Administrator stated typically, a department head requests a vacation & it is either granted or not granted by the Administrator. Neither Mr. Bliss nor Mr. Foster was present on the day the tax bills were sent.
Selectman Eckstrom stated she has had issues in the past re: the way tax bills go out & have been handled & now these new bills will be due when other bills, such as sewer & excise tax bills are due. The Administrator clarified that there were no delays in sending out tax bills last year, but the third quarter bills have been estimated the past two years.
Selectman Eckstrom asked if there has been any formal reprimands made. The Administrator stated the issue has been dealt with & discussions held. He stated he would not discuss personnel matters in an open meeting.
Selectman Parola asked what the meeting schedule has been since November for the Board of Assessors. The Administrator stated the Town Clerk would know this. Selectman Parola stated the Board of Assessors came before the Board recently to discuss the matter of estimated third quarter tax bills. She would like to know if the elected Board of Assessors has held meetings because they would know information re: certification. The Administrator stated he can check into this & he knows they met last week. Selectman Parola feels the meeting last week is a little late.
IV. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve invoice #80218540/1 from Camp, Dresser & McKee in the amount of $9,915.09 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 approve invoice #80218538/5 from Camp, Dresser & McKee in the amount of $7,846.04 re: engineering general services during sewer construction in the Rose Point area. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80218537/4 from Camp, Dresser & McKee in the amount of $1,996.79 re: engineering services for the general services during sewer construction in the Briarwood Beach area. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80218734/8 from Camp, Dresser & McKee in the amount of $2.048.42 re: engineering services to perform 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 invoice #80218535/41 from Camp, Dresser & McKee in the amount of $5692.06 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 invoice #80218536/56 from Camp, Dresser & McKee in the amount of $14,209.66 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 meetings: 5/27/03 & 9/23/05 – Special Sessions & 1/3/05 – Regular Session.
MOTION: Selectman Pillsbury moved the Board approve the Special Session meeting minutes of 5/27/03. Selectman Parola seconded.
VOTE: (4-0-1)
Selectman Eckstrom abstained
MOTION: Selectman Pillsbury moved the Board approve the Special Session meeting minutes of 9/23/05. Selectman Eckstrom seconded for discussion.
NOTE: Selectman Eckstrom discussed a correction to be made.
Selectmen Pillsbury & Eckstrom w/drew their motions.
MOTION: Selectman Pillsbury moved the Board approve the Special Session meeting minutes of 9/23/05 as corrected. Selectman Eckstrom seconded.
VOTE: (3-0-2)
Selectmen Sauvageau & Parola abstained
MOTION: Selectman Pillsbury moved the Board approve the Regular Session meeting minutes of 1/3/06 as corrected. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Sauvageau abstained
B. Appointment of Registrar of Voters.
MOTION: Selectman Pillsbury moved the Board appoint Francis Carmichael as the Registrar of Voters to a term to expire 3/31/09. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
V. TOWN ADMINISTRATOR’S REPORT
1. Third Quarter Sewer Usage Bill – Town of Bourne. Asked the Board to approve the third quarter sewer bill for the Town of Bourne in the amount of $4,180.00. This includes a credit from FY2005 of $51,833.36.
MOTION: Selectman Pillsbury moved the Board approve the third quarter sewer bill for the Town of Bourne in the amount of $4,180.00 & to commit this amount to the Town Treasurer-Collector. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
2. Smelt Regulations. Asked the Board to approve the smelt regulations for 2006. The Board has a copy of a memorandum from Mr. Parola, Harbormaster/Shellfish Constable of the proposed regulations that are the same as last year. Smelt season extends from 3/1/06 to 4/1/06 & permits will be available at the Harbormaster’s office beginning Tuesday, Feb. 21, 2006 from 8:30 A.M. to 4:00 P.M.
MOTION: Selectman Pillsbury moved the Board approve the Smelt Regulations for 2006. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
3. Commercial Shellfish Permit Fees. Asked the Board to approve the new fees for singular license fees for shellfish. The change is based upon the fishing industry being hit hard because of the Bouchard oil spill & closings of the fishery. The proposed fees will be effective 4/1/06.
Selectman Parola feels it is important to realize that these fees are going down. The Administrator stated these fees would have an impact on revenue for this department. Chairman Sauvageau asked how much of an impact it would have on this department’s budget.
Present before the Board: Michael Parola, Harbormaster/Shellfish Constable
Mr. Parola stated all shellfish fees go into the shellfish propagation fund. The amount of money taken in from commercial licenses now is very small. Ever since the oil spill, the price commercial fisherman pay has gone down. They are getting hurt very hard. The catalyst was the oil spill that gave wholesalers a reason to shop around for the cheapest prices, thus they aren’t purchasing from Buzzards Bay. He feels the impact will hurt the propagation program. Brief discussion ensued.
MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded that the Board approve the commercial shellfish permit fees effective 4/1/06 as follows:
Quahog Current: $400.00 Proposed: $300.00
Clam Current: $300.00 Proposed: $300.00 (no change)
Oyster Current: $400.00 Proposed: $300.00
Scallop Current: $400.00 Proposed: $300.00
All inclusive Master Permit: Current $900.00 Proposed: $700.00
VOTE: Unanimous (5-0-0)
4. Resident Permits. Asked the Board to approve a new definition under “Resident Permit” for purposes of beach parking, transfer station, smelt, herring, shellfish & Harbor Services permits. The intent is to provide a reduced cost permit for these services for either persons who own and/or inhabit houses in Wareham. The current definition does not refer to a dwelling being necessary to obtain a permit. The proposed language includes language which has been reviewed & approved by Town Counsel, closes the loophole.
Discussion ensued.
Chairman Sauvageau asked how businesses or seasonal residents are handled under this permit. Mr. Parola stated the intent is for residents’ not commercial permits. There is a need to close the loophole.
Selectman Eckstrom spoke re: the language that states “permanent principle resident.” She expressed concern re: seasonal property owners & renters under this language. Discussion ensued re: seasonal property owners & renters. The Administrator explained that seasonal property owners would qualify under this language because they own taxable real estate.
Discussion ensued re: wording the phrase a little differently to explain, “domicile.”
MOTION: Selectman Pillsbury moved & Selectman Fernandes-Abbott seconded that the Board approve the following definition of “Resident Permit” effective immediately:
Resident Permit: Issued to persons who provide they are either legally domiciled or own taxable real estate with a habitable dwelling occupied by the applicant in the Town of Wareham. “Domicile” shall be a fixed, permanent and principal home for legal purposes.
VOTE: Unanimous (5-0-0)
5. Ambulance Rates. Asked the Board to approve new minimum ambulance rates in accordance w/ changes in Medicare rates. Medicare has stopped paying certain charges (as noted by an asterisk) and rolled them into the ALS base rates. Since other providers will continue to pay these, they are included.
MOTION: Selectman Pillsbury moved & Selectman Parola seconded that the Board adopt the following ambulance rate schedule effective 2/2/06:
BLS Non Emergency $300
BLS Emergency $475
ALS Non Emergency $400
ALS-1 Emergency $635
ALS-2 Emergency $820
Mileage $ 15
Oxygen* $ 55
Airways* $140
IV Therapy* $140
Defibrillation* $140
VOTE: Unanimous (5-0-0)
VI. LICENSES & PERMITS
A. Application of 99 Restaurant, 3013 Cranberry Highway, Wareham for a Change of Manager of an existing Year Round Common Victualer All Alcoholic Beverages License from Aiden Molloy to Joseph E. Alberg, under the provisions of MA General Laws, c 138.
Present before the Board: Joseph E. Alberg
MOTION: Selectman Pillsbury moved the Board approve the application of 99 Restaurant, 3013 Cranberry Highway, Wareham for a Change of Manager of an existing Year Round Common Victualer All Alcoholic Beverages License from Aiden Molloy to Joseph E. Alberg, under the provisions of MA General Laws, c 138 pending receipt of a proper CORI check. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
B. Vote & attest certification of inspections for Kaimo Corporation d/b/a Shooter’s Restaurant & Sports Bar, 2691 Cranberry Highway Wareham.
MOTION: Selectman Pillsbury moved the Board vote & attest certification of inspections for Kaimo Corporation d/b/a Shooter’s Restaurant & Sports Bar, 2691 Cranberry Highway Wareham. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
C. Vote to affirm approved applications for 2:00 A.M. extension of licenses on 12/31/05 for Harbor Watch Inn & Webster Hall, under the provisions of MGL c. 138.
Selectman Pillsbury stated these two entities were late in submitting their requests. Typically in the past, the Administrator has granted these applications & the Board then verifies the action at a subsequent meeting.
D. MOTION: Selectman Pillsbury moved the Board vote & affirm approved applications for 2:00 A.M. extension of licenses on 12/31/05 for Harbor Watch Inn & Webster Hall, under the provisions of MGL c. 138. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VII. BUSINESS
A. New language for liquor licenses – special legislation.
Chairman Sauvageau stated that Representative Williams-Gifford has informed the Board that she will hold this legislation until the Board has discussed & voted upon it.
Selectman Pillsbury stated she would like to defer this matter because she is not prepared. Selectman Parola agreed & stated she would like to see a copy of the original letter from Representative Williams-Gifford. She feels there is some confusion as to definitiveness of location. She expressed concern/frustration re: the City of Boston applying for 60 new liquor licenses & not being asked re: specific locations & the Town being required to show location information.
The Administrator stated, in terms of need, he has spoken to the new plaza/mall representatives & they intend to seek five licenses themselves, which would leave the Town short two licenses. He added that Representative Williams-Gifford would like to move forward w/ this matter.
Chairman Sauvageau asked how the Town came up w/ the number five w/ re: to the amount of new liquor licenses to ask for. The Administrator stated five was an arbitrary number.
Selectman Parola stated the Town could pull the request for five licenses & then ask for more. The Administrator stated an article could be placed on the Town Meeting Warrant asking for five more licenses. He wouldn’t recommend pulling the initial request of five at this point. Chairman Sauvageau clarified that the Town can expand on its request. Discussion ensued.
The Administrator stated that representatives of Flagship Cinemas would like to have a license. On their site plan, they have four restaurant pads that have resulted in a lack of response possibly due to lack of availability of a liquor license.
Selectman Parola feels there is a lot of feedback needed re: where the need really is w/ respect to development in Town.
The Board members concurred to discuss this matter further at their next meeting.
B. Special Town Meeting.
Selectman Pillsbury read the Special Town Meeting schedule into the record (attached as referenced).
MOTION: Selectman Pillsbury moved the Board approve the Special Town Meeting date schedule as read into the record. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: The meeting proceeded w/ item D. Draft letter requested by the Board of the Housing Partnership Advisory.
Chairman Sauvageau read a letter from the Board of the Housing Partnership Advisory into the record re: a draft letter to be approved by the Board as a cover letter to developers to be attached to all 40B applications.
Discussion ensued re: suggested language changes w/in the letter.
Selectman Fernandes-Abbott stated at the next Board of Housing Partnership Advisory meeting she would ask them to put together a total package including the revised cover sheet.
The Board members concurred to wait to take any action until the total package is put forth to the Board.
The Administrator suggested all Board members sign the letter when completed due to it being a full board decision. The Board members concurred. Chairman Sauvageau stated this matter would be discussed further at the Board’s next meeting.
C. Vote Town Election Warrant.
Selectman Pillsbury read the Town Election Warrant into the record (attached as referenced).
Present before the Board: Mary Ann Silva, Town Clerk
Ms. Silva stated that the position for the Upper Cape School Committee would be on the State ballot this year, not the Town ballot. Selectman Pillsbury stated this would be taken out of the motion.
MOTION: Selectman Pillsbury moved the Board approve the Town Election Warrant as read into the record w/ the deletion of the position for the Upper Cape School Committee. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
D. (Done)
NOTE: The meeting proceeded w/ item F. Screening Committee for high school & middle school principals.
Chairman Sauvageau stated Dr. Jim Collins, Superintendent of Schools has asked if any member of the Board is interested in serving on a Screening Committee for the next High School principal. A similar request may come forward in the near future to serve on the Screening Committee for the next Middle School principal.
Selectman Parola stated she would be interested in the High School Screening Committee. Selectman Eckstrom stated she would be interested in the Middle School Screening Committee. Chairman Sauvageau stated he would notify Dr. Collins.
E. Any other business.
1. Bike Path Committee.
Selectman Parola stated the ad hoc Friends of the Bike Path Committee met on 1/11/06. There are many interested volunteers who are looking to be formally appointed. She herself would be interested in serving on this committee. She stated the Board should designate a committee (which may have already been done)& establish the number of members & terms. Discussion ensued.
Chairman Sauvageau stated if Selectman Parola were to serve on this committee, he would rather she serve as the Board’s representative.
Discussion ensued re: number of members & terms.
MOTION: Selectman Parola moved the Board designate the Wareham Bike Path Committee to be made up of seven Wareham residents as members to three year staggered terms. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
2. Selectmen’s Seat.
Selectman Parola announced that she would not seek another term as a Selectman. She thanked her supporters & her fellow Board members. Board members offered their feelings re: her service.
F. (Done)
VIII. ANNOUNCEMENTS
A. The next meeting of the Board of Selectmen will be held on 2/7/06.
B. Nomination papers are available in the Town Clerk’s Office through 2/10/06 until 5:00 P.M. Nomination papers must be returned to the Registrars at the Clerk’s Office on or before 5:00 P.M. on 2/14/06. The following positions are on the ballot:
Board of Selectmen – One position – Three-year term
Board of Assessors – Two positions – Three-year term
School Committee – Two positions – Three-year term
Deputy Moderator – One position – Three-year term
C. Last day to submit articles to the Board of Selectmen for the Annual Town Meeting Warrant is 2/17/06.
D. The Town election will be 4/4/06. 3/15/06 is the last day to register to vote for the Town election & Town Meeting. For the express purpose of registering to vote, the Clerk’s Office is open until 8:00 P.M. on 3/15/06.
E. A land use summit will be held on 1/19/06 in the Town Hall cafeteria from 6:00 P.M. – 9:00 P.M.
F. A joint meeting between the Board & the Police Feasibility Committee will be held on 1/25/06 at 7:00 P.M. in the Town Hall auditorium.
IX. SELECTMEN’S REPORTS
A. Selectman Sauvageau – Has received an agreement & draft recommendation from legal counsel re: the Wareham Community Television Access Corp. He would like to hold a final meeting w/ legal counsel to finalize everything & begin dialog to fill positions of directors &
Board members. The Board members gave their consent for Chairman Sauvageau to work w/ legal counsel on this matter.
X. ADJOURNMENT
MOTION: Selectman Pillsbury moved to adjourn the meeting at 8:45 P.M. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Respectfully transcribed and submitted,
Kelly Barrasso
Kelly Barrasso
The aforementioned minutes were submitted to the Board of Selectmen/Sewer Commissioners & approved on: 2/21/06
Attest: Mary Jane Pillsbury on this 28th day of February 2006.
Mary Jane Pillsbury, Clerk
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Date copy sent to Wareham Free Library: February 28, 2006
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