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Attendance:

Town Administrator

Thomas J. Groux

Board of Selectmen

Haydon S. Coggeshall

Leo F. Locke

Mark A. Tirrell

James T. Grady

Wayne E. Covell

6:30 P.M.

After Chairman Coggeshall opened the meeting, Mr. Grady made a Motion and Seconded by Mr. Tirrell to go into Executive Session at a nearby room for the purpose of discussing litigation strategy as it relates with various matters to be brought up by Town Counsel Troy and at approximately 7:00 p.m. we will reconvene in Open Session in this Library of the High School and legal strategy as it relates to certain parcels of real estate because an open meeting might have a detrimental effect on the litigating position of the Town and to reconvene in Open Session at approximately 7:00 p.m.

A roll call recorded vote was taken:

Coggeshall yes

Locke yes

Tirrell yes

Grady yes

Covell yes

The vote was unanimous and the Board of Selectmen agreed to hold the Executive Session in the Office of the High School Library so that the public would not be inconvenienced by being required to wait in the hallways outside the meeting room.

Meeting reconvened at 7:25 p.m.

MOTION by Selectman Grady and SECONDED Selectman Locke by to move approval of the minutes of the Executive Session of October 2, 2001 as submitted with the deletion in the second paragraph of the second word MADE.

MOTION by Selectman Tirrell and SECONDED by Selectman Grady to move approval of regular session minutes of October 2, 2001 be approved as submitted.

The Town Administrator spoke on the Cape Cod Commission's Draft Regional Policy Plan and a letter received requesting the Board of Selectmen's support on an article that has been submitted for Town Meeting.

Town Council Troy made a presentation on the Tahanto Docks. He brought everyone up to date on where the issue is at this point.

Chairman Coggeshall requested comments from the Conservation Commission and the Shore and Harbor Committee.

Robert Deane of the Conservation Commission stated that he has no opinion tonight from the Committee. Will put on the next agenda and get back to the Board of Selectmen with their decision.

Charles Miller of the Shore and Harbor Committee also stated that he has no opinion and he will discuss this with his committee and get back to the Board of Selectmen with their decision.

George Skinner, President, Tahanto Association presented a history of the dock that is now known as "The Tahanto Association Dock and Pier" and meetings that have been held by the Board of Selectmen.

Patrick Warfield of 75 Tahanto Road spoke on how his deed reads, fees that have been paid and the history of ownership of his property.

Chris Nichols, 87 Tahanto Road commented on the taking of the property back in the 1950's and pre existing rights.

Prudence Sawyer, 71 Tahonto Road commented on catwalks on both sides of the river.

Stacy Duberger, Tahanto Road, spoke on the Shore and Harbor Committee and Conservation Committee and the Board of Selectmen for not having an answer for all of them tonight.

Deborah Mathews, 19 & 79 Tahanto Road, requested documents that show ownership.

Susan Linane, 31 Tahanto Road, spoke on not having a decision tonight.

Dennis George, 43 Tahanto Road requested that the Board of Selectmen walk this area.

Steve George, 43 Tahanto Road spoke on the past agreements and if there are to be future agreements will he have to return in so many years to go through this again and also the property owners being assessed a waterfront property tax?

Jim Mulvey, Buzzards Bay spoke on getting a title search for these properties.

Town Counsel spoke on the ownership of land. The town owns this land and it was acquired through eminent domain taking. In order for it to be leased it must go before town meeting and through both houses of the legislature. The Board of Selectmen has no authority to lease this land.

Barbara Frappeir of Warick & Associates spoke on why people signed the prior licenses so easily.

Robert Gabriel, Cove Lane requested that the Board of Selectmen listen to each person in the audience tonight, as well as, the Shore and Harbor Committee and the Conservation Commission before a decision is made.

George Skinner spoke on the letter from the Conservation Commission, the ownership of the land and the importance of the Association Dock.

Stacy Duberger asked Haydon what happened the last time to sour you on this issue?

Selectman Coggeshall spoke on the costs the Town had to endure after all the lawsuits against the Conservation Commission.

Chris Nichols spoke on the pre existing property rights and suggested that the property be given back to the people.

Attorney Troy spoke on taking of the land by eminent domain. If this were to be reversed, it would have to go before the state legislature and would also require a 2/3's vote at town meeting.

Robert Gabriel inquired if there was compensation paid when property was taken?

Attorney Troy was not sure of this

Steve George spoke on adverse possession.

Attorney Troy stated that he felt this did not apply.

Stacy Duberger commented on the costs of the litigation.

Attorney Troy spoke on legal costs and administrative fees associated with the Conservation cases that went to court. Some of the license agreements were not paid which caused additional fees.

Selectman Covell requested that people forward letters to the Board of Selectmen, Shore and Harbor Committee, Conservation Commission and Town Counsel.

Selectman Locke commented that the Board will take all information under advisement before a decision is made. He thanked all for coming.

MOTION by Selectman Grady and SECONDED by Selectman Locke that we have a two- (2) minute recess.

8:45 p.m. Meeting Reconvened

Robert Deane asked that his application be withdrawn from the By Law Committee

MOTION by Selectman Grady and SECONDED by Selectman Locke to move Albert F. Beinor of 3 Freeman Street to fill a 3 year term on the By Law Committee.

Discussion was held on the Bourne Financial Development Corporation

MOTION by Selectman Tirrell and SECONDED by Selectman Locke to appoint John Harding as a member of the Board of Directors to the Bourne Financial Development Corporation and leave term open, as it will be governed by the bylaw when approved

MOTION by Selectman Locke and SECONDED by Selectman Covell to appoint Marie Oliva as a member of the Board of Directors to the Bourne Financial Development Corporation.

MOTION by Selectman Locke and SECONDED by Selectman Tirrell to appoint John Elwood as a member of the Board of Directors to the Bourne Financial Development Corporation.

Discussion was held on the Bourne Economic Development Task Force

MOTION by Selectman Tirrell and SECONDED by Selectman Locke to appoint Lynette Stellrecht as a member of the Bourne Economic Development Task Force.

MOTION by Selectman Locke and SECONDED by Selectman Covell to close nominations for the Bourne Economic Development Task Force.

Selectman Grady commented on appointments to the Commission on Disabilities and Shore & Harbor Committee

Ambulance Rates

MOTION by Selectman Tirrell and SECONDED by Selectman Grady to approve the emergency ambulance rates recommended by the Fire Chief.

Discussion was held

Selectman Tirrell WITHDREW MOTION and Selectman Grady WITHDREW SECOND on the ambulance rates for more information.

It was requested that the private petitioners who submitted articles for the Special Town Meeting attend the next Selectmen’s Meeting on October 16, 2001 at 7:00 p.m. to give additional information.

Selectman Locke spoke on the audit committee.

Selectman Tirrell spoke on the Sewer Department, the Council on Aging and the Household Hazardous Products Collection.

Jim Mulvey of Buzzards Bay spoke on the beach at the end of Tower Lane.

Don Provost of Bourne spoke on the Bourne Braves Field.

Bob Deane of the Conservation Commission commented on Jay Stahl attending next weeks meeting.

Selectman Covell stated that the Selectmen’s Meeting would go back to town hall next week.

MOTION by Selectman Grady and SECONDED by Selectman Covell to adjourn

Meeting adjourned at 9:35 p.m.