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Selectmen Minutes March 25, 2008
Page 1.
                                                                                                                              


                                                                                                      





                                                                         Board of Selectmen                                                            Town Manager                                                                          
Nancy Talbot, Chairman                                                   Steven Boudreau
Gerald Matta, Vice Chairman                                          Phone: (413) 967-9648   
Cathy Buelow-Cascio, Clerk                                             Fax: (413) 967-9649
Richard Norton                                                                  sboudreau@townofware.com
John Desmond                                                                                           

Board of Selectmen's Meeting Minutes
Tuesday March 25, 2008
7:00 P.M. Selectmen's Meeting Room

Present: Chairman Talbot, Vice Chairman Matta, Clerk Buelow-Cascio, John Desmond, Richard Norton, Town Manager, Steven Boudreau, Karen Brearley, Administrative Assistant.


Call to order:
Chairman Talbot called the meeting to order at 7:00 P.M.
Talbot commented Selectman Matta would be a little late attending the meeting
7:33 P.M. Matta arrived at the meeting.

7:30 P.M. Municipal Finance Director Paul Nowicki RE: Award of Bonds & Tax Title Parcels-Response on Possible Town Reuses from Town Departments-Request for BOS Authorization to sell Tax Titles Parcels:
T.M. Boudreau commented on how he and Finance Director had been working for a few weeks with this.

Clerk of the Board of Selectman, Buelow-Cascio read the Bid Report into the record:

I, the Clerk of the Board of Selectmen of the Town of Ware, Massachusetts (the
"Town"), certify that at a meeting of the board held March 25, 2008, 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 my
custody:
Page 2
Voted: that the sale of the $3,236,000 General Obligation Municipal Purpose
Page 2
Loan of 2008 Bonds of the Town dated March 15, 2008 (the "Bonds"), to Roosevelt &
Cross, Inc. at the price of $3,254,694.82 and accrued interest is hereby approved and
confirmed. The Bonds shall be payable on March 15 of the years and in the principal
amounts and bear interest at the respective rates, as follows:
Year
Amount
Interest
Rate
Year
Amount
Interest
Rate
2009 $206,000 4.00% 2017 $195,000 3.75%
2010 205,000 3.125 2018 190,000 3.75
2011 205,000 3.00 2019 185,000 3.75
2012 205,000 3.125 2020 185,000 3.75
2013 200,000 3.125 2021 185,000 3.75
2014 200,000 4.75 2023 235,000 3.80
2015 200,000 3.375 2025 210,000 4.00
2016 195,000 4.75 2028 235,000 4.00
Further Voted: that the Bonds maturing on March 15, 2023, March 15, 2025 and
March 15, 2028 (each a "Term Bond") shall be subject to mandatory redemption or
mature as follows:
Bond due March 15, 2023
Year Amount
2022 $130,000
2023* 105,000
*Final Maturity
Bond due March 15, 2025
Year Amount
2024 $105,000
2025* 105,000
*Final Maturity
Bond due March 15, 2028
Year Amount
2026 $95,000
2027 90,000
2028* 50,000
*Final Maturity
Further Voted: that in connection with the marketing and sale of the Bonds, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated
March 10, 2008, and a final Official Statement dated March 18, 2008, (the "Official
Statement"), each in such form as may be approved by the Town Treasurer, be and
hereby are ratified, confirmed, approved and adopted.
Page 3
Further Voted: that the Bonds shall be subject to redemption, at the option of the
Town, upon such terms and conditions as are set forth in the Preliminary Official
Statement.
Further Voted: that the consent to the financial advisor bidding for the Bonds, as
executed prior to the bidding for the Bonds, is hereby confirmed.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and
hereby are, authorized to execute and deliver a continuing disclosure undertakings in
compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to
the Town, which undertaking shall be incorporated by reference in the Bonds for the
benefit of the holders of the Bonds from time to time.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and
the Town Treasurer be and hereby are, authorized to take any and all such actions, and
execute and deliver such certificates, receipts or other documents as may be determined
by them, or any of them, to be necessary or convenient to carry into effect the provisions
of the foregoing votes.
I further certify 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 with
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 and
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 with the sale of the Bonds 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 with G.L. c.39, s.23B as amended.
Dated: March __, 2008 _____________________________________
Clerk of the Board of Selectmen
BOS111 12258168.1
Norton motioned seconded by Cascio Voted that the Sale of the $3,236,000 General Obligation Municipal Purpose Loan of 2008 Bonds of the Town dated March 15, 2008, ("the bonds"), to Roosevelt & Cross, Inc. at the price of $3,254,694.82 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on March 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Voted 5-0

Tax Titles Parcels:
Discussion was brought up on the Tax Title Parcels
Norton had questions and comments on one of the parcels ID#27-0-4 and felt to hold that one. Norton also commented to have Conservation, Recreation, and DPW look at the parcel before selling it.
T.M. suggested holding that parcel ID#27-0-04 and have Board vote to sell the rest

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Norton motioned seconded by Cascio to approve the Parcels #6-11-23, #56-0-157, #56-0-82, #61-0-200, #48-0-74 to be sold and hold Parcel #27-0-04. Voted 5-0
Talbot suggested to MFD Nowicki to set a meeting with auctioneer Zekos and bring the information back to the Board. Mr. Nowicki said he would do that.

Approval of Minutes
Norton motioned seconded by Cascio to approve the March 11, 2008 Regular Session Minutes. Voted 5-0

Norton motioned seconded by Cascio to approve the Special Session Minutes of March 15, 2008. Voted 5-0

Norton motioned seconded by Cascio to approve the Executive Session Minutes of February 19, 2008
Norton withdrew his motion
Norton motioned seconded by Cascio to table the Executive Session Minutes of February 19, 2008 to the next scheduled meeting Voted 5-0

Approval of One Day Licenses:
Norton motioned seconded by Cascio to approve a One Day Liquor License for the K of C on April 5, 2008. Voted 5-0
Norton motioned seconded by Cascio to approve the One Day Liquor License for the St Mary's Dinner Dance April 5, 2008. Voted 5-0
Norton motioned seconded by Cascio to approve the One Day Liquor License for Baystate Mary Lane Hospital April 8, 2008. Voted 5-0    

Comments & Concerns of Citizens
Mr. Russo brought up concern on the Bylaw that was supposed to be changed on the situation with junk cars on people's property. He commented he was told the bylaw was not changed. Chairman Talbot commented it was changed at Town Meeting but there was a question on how it was voted on at Town Meeting and after all documents were reviewed by the Attorney General the bylaw was changed. Chairman Talbot also stated the information on the Bylaw change would be posted in the Ware River News.

Mr. Russo had questions on the Nememaseck Square and what was being done. T.M. Boudreau explained he was waiting for the new designs to be done. Desmond commented he had a problem with paying for designs to be done. Norton concurred with Desmond. Talbot commented the Board gave T.M. Boudreau the ok to contact someone to do the design.
T.M. Boudreau commented he had already awarded the contract to do the design and would be presenting it to the Board.

Mr. Jackson brought up discussion on the Banas property. Talbot explained to Mr. Jackson on what the B.O.H. Department's review was of the property  and Talbot commented on the requirements and cost factors.
Page 5
Cascio brought up concern to the Town Clerk on the people getting there Dog License by April 1, 2008 and questioned if the Town Clerk could hold the license for people who pay it so they would not get a late charge before getting rabies certificate. Talbot explained about the licenses and how it worked and she would be going by the law.

Officer Bert Deverney from Hardwick commented he had a meeting with T.M. Boudreau on Ware working with Hardwick E.M.S.
Talbot commented the Board did not have any information on this and suggested contacting Fire Chief Coulombe. Talbot suggested to Mr. Deverney to submit in writing his request of what he wanted.

Norton commented he read the article in the paper on the school now having the National Honor Society and felt it was a long time coming and the School Committee, Administrators, and Superintendent should be congradulated.

Cascio commented on the dress code and was very pleased the students were involved.

New Business/Old Business:
Review and Vote to Approve of Draft STM & ATM Warrants  
T.M. went through STM Articles with the Board and commented it was only in draft form.
Matta motioned seconded by Norton to approve the draft form of the STM Articles for May 12, 2008. Voted 5-0 Unanimous

T.M. Boudreau went through ATM Articles and commented all actions requested and petitions that came forward were put in draft form.
Desmond motioned seconded by Cascio to approve the ATM draft articles for May 12, 2008. Voted 5-0 Unanimous

Subordination of Loan Request from CDD
CDD Paul Hills Explained his request to the Board
Desmond motioned seconded by Cascio to subordinate the Assignments of proceeds to the new loan from Spencer Savings Bank and authorize the Executive Director of the Ware Community Development Department to sign necessary documents on behalf of the Town. Voted 5-0

Appointment of Veterans Agent and Member Board of Voter Registrars, Member to OSRC
Matta motioned seconded by Cascio to re-appoint Richard Sterndale to be the Veteran's Agent for a term to expire March 31, 2009. Voted 5-0
Matta commented Mr. Sterndale has done a very good job.

Norton motioned seconded by Cascio to re-appoint Francis W. Cote as a member of the Board of Registrars for a term to expire March 31, 2011. Voted 5-0


Page 6
Norton motioned seconded by Matta to appoint Jeffery J. Fennimore to the Open Space Recreation Committee for an In definite term. Voted 5-0

Letter of Support for Quabbin Wire Revenue Bond
T.M. Boudreau explained the request and suggested the Board support the Quabbin Wire Revenue Bond.
Norton motioned seconded by Cascio to support the Quabbin Wire Revenue Bond Application. Voted 5-0

Beaver Lake Docks
T.M. Boudreau commented this was just an announcement for the Board.

Debt Exclusion Information Session March 26, 2008 7P.M. WTH
T.M. Boudreau read announcement and stressed seats would be limited to 45 people, but others could view the information session on channel 15.
Mr. Jackson commented it was an open meeting and should not limit the people
Matta agreed with Mr. Jackson and felt this should be checked with counsel.
T.M. commented could not have the information session upstairs in the Great Hall as it would not be able to be televised.
T.M. commented he would check with town counsel on the open meeting law.

New Business
Cascio commented she had a concern with Talbot running for Selectmen as well as being the Town Clerk. Cascio made note on how some issues Talbot needed to excuse herself.
Cascio commented any employee who is under direction of the Town Manager should not be on the board of Selectmen.
Cascio motioned seconded by Desmond for T.M. Boudreau to get opinion from Town Counsel if Charter is followed in regarding to employees who are direct employees to the T.M. and if there able to hold position as Board of Selectmen. Voted 1-Aye (Cascio) 3-Nay (Desmond, Matta, Norton) 1-abstained (Talbot)
Talbot read letters from Town Counsel relating to the issue of her being Town Clerk and Member of the Board of Selectmen
Lengthy discussion ensued

Talbot commented on the evaluation of the T.M. Boudreau and the evaluation would be at the next Selectmen's meeting April 8, 2008

T.M. Boudreau 's Report for March 3/25/2008
T.M. Boudreau went through his report with the Board.
Short discussion
Norton motioned seconded by Cascio to approve the T.M. Boudreau's report of March 25, 2008. Voted 5-0   
   
9:16 P.M. Norton motioned seconded by Cascio to enter into Executive Session pursuant the MGL Chapter 39 Section 23B qualification 3 and to not re-enter into regular  session. Roll Call: Talbot-Aye, Matta-Aye, Cascio-Aye, Norton-Aye, Desmond-Aye Motion carried unanimously


Respectfully Submitted

Karen Brearley
Administrative Assistant


 

Town of Ware
126 Main Street, Ware, MA 01082
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