Town of Ware Massachusetts
126 Main Street, Ware, MA 01082
Selectmen Meeting Minutes - October 19, 2010
SELECTMEN MEETING MINUTES                       REGULAR MEETING
TIME: 7:00 P.M.                                                 TUESDAY, OCTOBER 19, 2010
PLACE:  SELECTMEN MEETING ROOM

PRESENT:        Chairman William Braman, Vice-Chairman Melissa Weise, John Desmond, Nancy Talbot, Clerk Richard Norton, and Town Manager Mary Tzambazakis
ALSO PRESENT:   Fire Chief Coulombe, Director of Community Development Paul Hills, Building Inspector Michael Agnew, Director Board of Health Judy Metcalf, Town Accountant Tracey Meehan, Moderator Kathy Coulombe, Finance Committee
Chairman Braman opened the meeting at 7:00 p.m.
Approval of Consent Agenda:
  • Approve Meeting Minutes – October 5, 2010
  • Permission – Bike Race April 24, 2011
Motion made by Selectmen Norton and Second Nancy Talbot to Accept Meeting Minutes – October 5, 2010. All in favor.
Bike Race – Chairman Braman opened discussion of bike race. Selectmen Talbot - recommend tentatively grant approval pending discussion by group that is requesting permission. Group requesting permission asked to speak with appropriate safety officials and obtain approval from Police, Fire and DPW prior to approaching the Board.
Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot, THE BOARD TABLED THE ITEM. All in favor.

Comments & Concerns
  • Resident asked about the Doane Road Bridge. What is status of repair?
TOWN MANAGER - DPW has not heard anything about Chapter 90 money.
Selectmen Talbot - Board understands a design was sent to Mass Highway for Approval. Board has not had a formal reply.
TOWN MANAGER - Will double check with Paul St. Pierre, DPW Interim-Director, on status of repair.

  • Resident expressed concern for condition of Grove Street.  Requesting street repair before winter season begins.
TOWN MANAGER – Town does not own the part of the road resident is concerned about. Selectmen Norton is working with Town Counsel Wojcik on this concern. In order to repair properly, road must be widened, drainage system installed, road surface removed and repaved. Patching potholes would only be a superficial remedy.  Path toward completion requires the following steps, 1st – can we obtain property, gentleman willing to donate to town 2nd - Consult with DPW Engineer on appropriate repair plan. This is a capitol project scheduled for design next year.
Chairman Braman requested the time frame for repair. Response is unknown at this point.
TOWN MANAGER – Project into next Fiscal Year.
Selectmen Norton – Historically, the Town of Ware has patched that road. We should make necessary repairs. I have talked with Attorney Wojcik, the next step is to contact Registrar of Deeds in Northampton to check on liens. An environmental study of land should be done as well. The environmental study will cost an estimated $5000. Town will have to vote on this at the Spring Town Meeting to accept property. The current plan of action is to complete the design of the road FY’12 and build FY’13. Emergency repairs are required to get through winter.

  • Resident concerned about condition of East Street Bridge.
Selectmen Talbot noted concern, commented probably last priority of Mass DOT.
Resident – concern about trailer trucks going east on bridge, trucks go over side walk because cannot make corner. Sewer drain right there, trucks keep packing that down.
Selectmen Norton - years ago when Flanagan sat on the Board, discussion about repairing railroad bridge; ten years ago and nothing done since. This bridge may not be a priority on list of repairs in Commonwealth of MA.
Chairmen Braman – Thank you

  • Announcement - Selectmen Norton – Coordinated luncheon on Oct 25, 2010 with senior center. Discussion of warrant articles for special town meeting. There will be Selectmen and Dept Heads present to discuss special warrant articles. Lunch begins at 11:30 with discussion to follow. Anyone from town welcome.
  • Announcement - Selectmen Norton – Presented to the audience Information for Voters pamphlet containing referendum items, ballot items, and general information on voting. Board received a letter from Richard Starodoj, Chair of Planning Board. Ballot Question No 2 – Ware Planning Board all favor repeal Chapter 40B urged residents to vote yes on State ballot. Selectmen Norton offered his personal opinion, that the law is not written correctly, should be repealed.
Chairman Braman –  Asked if there were any additional comments?
Selectmen Norton – Request voters read over pamphlet and be informed on Question 3. Let conscience be your guide. If passed will cause severe hardship on smaller towns.
TOWN MANAGER – On a former matter brought to the Boards attention by Mr. Jackson, concerning the Rite Aid sign, I have contacted police to check on having the bush cut down. The manager at Rite Aide said he would contact regional office and address issue.

Tabled Business - Class I, II & III License and Renewal Application - Final Procedure
Selectmen Norton – Requested edits to text. (Annual license page 2, typo, insurance should be moved over to right and C labelled paragraph C noted as paragraph D.)
Chairman Braman informed the audience that a bond is required before applicant granted license.
TOWN MANAGER – No other communities have anything like this license application form. We may be 1st. This is in process and refinement of application form will occur. Application will require bond to follow current law.  Town office Dept heads will have an internal sign off sheet. Sign off sheet allows for the application to clear internal requirements and have comments as necessary.  
Selectmen Weise – impressed with cohesiveness
Upon a Motion duly made by Chairman Braman and Second by Nancy Talbot, the Board voted to accept the Class I, II and III License application and renewal Form, with changes. All in Favor.

New Business
1.      Selectmen Talbot brought forward the matter of a public hearing date for Snow’s Restaurant. The advertising notice for the hearing requires 14 days Recommend hearing set for November 16, at 7:15 p.m. Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot, the Board to set Public Hearing for Snow’s Restaurant, November 16, 2010 7:15 p.m. All in Favor

2.       Selectmen Norton brought forward the matter of a Public hearing for FY 11 CDBG application Motion to set for November 16, 2010 7:30 pm Selectmen Braman suggested 45 minutes. Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot, the Board Voted to set Public Hearing for FY 11 CDBG November 16, 2010 7:30 p.m. All in Favor

3.      Selectmen Norton brought forward the matter of Bid rejection for insulation work to be performed at the Town Hall & Police Station.
Director of Community Development, Paul Hills stated one bid received at three times funding we had set aside for the insulation work. Architect original estimated $41,000 for two buildings. The expensive part of the work is the sprayed on cellulose insulation. That material meets fire rating. Only one applicator in Northeast, he can charge any price. Selectmen Norton inquired if it was possible to just do Town Hall.  Paul Hills responded: Will require discussion as will be using economic stimulus money. Paul will work with architect to restructure project
Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot, Board agreed to reject bid for insulation work Town Hall and Police Station. Voted All in Favor

4.      Public Hearing – Entertainment License for Sweetpeas & Crackers Café 52a Main Street Ware MA. Chairman Braman Opened public hearing on application by Amanda Booth – Proprietor Mr. Booth will speak on her behalf. Selectmen Norton has visited café located space previously occupied by Subway, handicap accessible, bathroom on premises, I see no reason to deny entertainment. Chairman Braman asked Mr. Booth hours of operation. Response: 6 a.m. – 8 p.m. Monday through Saturday closed Sunday.  Chairman Braman asked for any comment from abutters.
Janice Hills of Family First Bank – What kind of entertainment?  Mr. Booth – Entertainment apt to perform in evening hours, mainly acoustic guitar once per week. A palm reader has been considered, nothing that would cause extreme noise. There is no room for a band. Selectman Talbot – Would entertainment begin at 8 a.m.? Mr. Booth responded no. Selectmen Talbot suggested Board regulate when entertainment can start. Mr. Booth responded okay to set time. Saturday the café is only open until 2 pm. During week, no objection to setting limits.
TOWN MANAGER responded that the café may host children birthday parties. Chairman Braman responded that this type of entertainment did not need time constraint.
Fire Chief Coulombe mentioned a concern for occupancy limit. Suggestion to Board, that he did not believe establishment large enough to host events as stated. If occupancy over 100, that could bring sprinkler law into effect. Be careful. The occupancy limit is part of application process, if occupancy over 100, Fire Dept would look at before hand and let owner know if sprinklers needed to be installed.
Building Inspector, Mike Agnew commented that Proprietor will be required to obtain occupancy load prior to opening.  Fire Chief suggested that for any entertainment license, all applicants obtain an occupancy load from a registered architect prior to being granted an entertainment license. Mike Agnew– Building Inspector’s Office will check that occupancy load sign is there and Proprietor conforming to occupancy load. Proprietor is responsible for obtaining occupancy load certificate.  Chairman Braman recommended that before the Board can act, Sweetpeas & Crackers owners must establish certificate of occupancy.
Upon a Motion duly made by Selectmen Nancy Talbot and Second by Richard Norton, the Board unanimously agreed to continue hearing after certificate of occupancy obtained by tenant. All in favor

5.      Chairman Braman brought forth the matter of establishing a Public Tax Classification hearing, Thursday, November 4, 2010 7:15 p.m.
Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot, the Board set the Public Tax Classification hearing, Thursday, November 4, 2010 7:15 p.m.. All in Favor

6.      Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot the Board agreed to reschedule the Selectmen’s Meeting of November 2, 2010 to November 4, 2010. All in Favor

7.      Chairman Braman invited the Finance Committee to be present and discuss the articles for Special Town Meeting. Four Finance Committee members present:
Article 1       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 2       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 3       Board of Selectmen: Two – No (Norton, Desmond) Three – Yes (Braman, Weise, Talbot) Passed. Town Manager Voted: Yes Fin Comm. – Split Vote: Two supported Two in Favor.
Article 4       Board of Selectmen Voted: (Desmond) One – No (Braman, Weise, Talbot, Norton) Four Yes Passed. Town Manager & Finance Committee Voted: All in Favor
Article 5       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 6       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 7       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 8       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 9       Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 10      Board of Selectmen (Talbot Abstain), Town Manager & Finance Committee: All in Favor
Article 11      Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 12      Discussion – Finance Committee cautioned that language of Article 12 potentially opens entire town budget to public scrutiny at Special Town Meeting. TOWN MANAGER advised to be prepared with subsidiary motions. Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 13      Board of Selectmen, Town Manager & Finance Committee: All in Favor
Article 14      Board of Selectmen, Town Manager & Finance Committee: All in Favor
End of Joint Finance Committee & BOS discussion at 8:45 P.M.

Upon a Motion duly made by Selectmen Norton and Second by Nancy Talbot the Board agreed to Adjourn the Regular Selectmen Meeting at 8:49 P.M.

Respectfully Submitted by,

Frances Wychorski
Executive Assistant, Town of Ware