SELECTMEN’S MEETING

DECEMBER 11, 2001 7:00 P.M.

BOURNE TOWN HALL

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Attendance:

Town Administrator

Thomas J. Groux

Selectmen:

Haydon S. Coggeshall
Leo F. Locke
Mark A. Tirrell
James T. Grady
Wayne E. Covell

MOTION by Selectman Grady and SECONDED by Selectman Locke to go into executive session for the purpose to discuss non union personnel and potential litigation on Tahanto Docks and at the conclusion to come back to open session at approximately 7:00 p.m.

Roll Call Vote

Selectman Tirrell yes

Selectman Covell yes

Selectman Coggeshall yes

Selectman Locke yes

Selectman Grady yes

Open Session began at 7:00 p.m.

MOTION by Selectman Covell and SECONDED by Selectman Grady to approve minutes of Executive Session with the following amendment: after the second paragraph insert; TOWN COUNSEL ASSURED US THAT THIS EXECUTIVE SESSION WAS PURSUANT TO MGL 39 SECTION 23B-1 AND INFORMED ALL CANDIDATES OF THEIR RIGHTS UNDER THIS SECTION.

MOTION by Selectman Grady and SECONDED by Selectman Tirrell to approve the minutes of Dec 4, 2001.

See packet that was given to the Board tonight.

Town Counsel spoke on preparing the contract for the new town administrator, Mr. William R. Griffin and he has approved it to form

MOTION by Selectman Grady and SECONDED by Selectman Tirrell move that the Board of Selectmen approve the employment agreement between the Town of Bourne and the Town Administrator Mr. William R. Griffin.

The Board was asked to initial between paragraph one (1) and paragraph two (2) of part three (3) and sign page three (3).

Chairman Coggeshall introduced William R. Griffin and he also signed contract.

William Griffin thanked the Board of Selectmen, and Town Counsel and praised the Search Committee. He introduced his wife Robin.

Chairman Coggeshall requested the comments from the Conservation Commission

Matthew Boulanger, Chairman of the Conservation Commission, read letter that was submitted to the Board of Selectmen with their findings and decision.

Discussion was held on environmental issues, Town of Bourne Dock Regulations, other docks located on Pocasset River and legal litigation on the licenses that were granted.

The Conservation Commission recommended that the licenses not be renewed.

Chairman Coggeshall asked for comments from the Shore and Harbor Committee.

Steve Mealy, Chairman of the Shore and Harbor Committee read letter that was submitted to the Board of Selectmen with their suggestions.

Discussion was held on the length of time people have had these docks, floats should remain, Association Dock should remain, construction and permits for dingy docks, boating activity, and the lack of attendance by the Tahanto residents at the public meetings of the Shore and Harbor Committee and Conservation Commission, and access.

Chairman Coggeshall asked Michael Gratis, Acting Director of the Department of Natural Resources for his comments

Michael Gratis agreed with the Shore and Harbor and the Conservation Commission recommendations.

Concerns from the public were requested.

Tim Sawyer of Bourne - expressed his concerns on the Town Marina.

Deborah Matthews - Tahanto - other boats in the river were not included in the Conservation Commissions study.

Stacy Duberger - Pocasset - the length of time it took for the Conservation Commission to come to their decision.

George Skinner - Tahanto - environmental study, and rules and regulations of the Conservation Commission.

Susan Weston of the Conservation Commission - commented on the number of dingy docks.

Steve Mealy - Shore and Harbor Committee - 2 dingy docks to be located on town property

Steve George - Tahanto - commented on the dingy docks

MOTION by Selectman Grady and SECONDED by Selectman Covell propose that the Board of Selectmen accept the following recommendations from the Shore and Harbor Committee:

1. The Board of Selectmen not to renew the leases to private dock holders located along the north shore of the Pocasset River on Town-owned land.
2. The Board of Selectmen renew the lease to the Tahanto Association private dock located at the near entrance of the Pocasset River on Town-owned land.
3. All floats now permitted by the Harbormaster's office be allowed to remain. Each float must continue to maintain a proper license through the Harbormaster's office and abide by the Town's Waterways Regulations regarding the posting of the permit numbers and limits to the number and type of vessel to be maintained on the associated float.
4. The town install two community docks at the end of established and recorded Rights of Way to allow residents to maintain dingys for a means to travel to and from licensed floats.

Comments by Selectmen Covell and Tirrell regarding the recommendations.

A roll call vote was requested by the public.

Favorable:

Selectman Grady,

Selectman Locke,

Selectman Coggeshall

Selectman Covell

Opposed:

Selectman Tirell

MOTION by Selectman Grady and SECONDED by Selectman Tirrell to take a short recess.

Meeting resumed

MOTION by Selectman Locke and SECONDED by Selectman Tirrell to appoint Kenneth R. Sherman to the Bourne Economic Development Task Force.

Town Administrator made comments on the compliance of the Town of Bourne new smoking bylaw and the State's new Serve Safe law. The Board should take into consideration that Liquor establishments received notice on the smoking bylaw only a month ago and felt that this should be taken into consideration for next year.

The other issue is the new state law on serve safe issued by the Board of Health. If establishments have not taken this course the Board of Health can not renew their license. The Health agent is requesting that the Board of Selectmen not renew Common Victualler’s Licenses.

The Port O Call has received a fine of $50 for a second violation on the smoking law. Selectman Grady requested that they come before the Board at next meeting to go over the smoking bylaw.

Chairman Coggeshall suggested a letter be sent to the Port O Call on the smoking bylaw.

MOTION by Selectman Grady and SECONDED by Selectman Covell that the Port O Call restaurant receive a letter from this Board indicating that we are aware of the violations an look for no further violations in the future.

MOTION by Selectman Locke and SECONDED by Selectman Covell that a letter is given to all establishments on the Smoking Bylaw when they pick up their licenses.

MOTION by Selectman Covell and SECONDED by Selectman Tirrell move to approve the liquor licenses for the establishments on our list of Town of Bourne Liquor Licenses

Favorable:

Selectmen Locke

Selectman Tirrell

Selectman Grady

Selectman Covell vote in favor

Abstained:

Selectman Cogeshall

MOTION by Selectman Grady and SECONDED by Selectman Tirrell move, Mr. Chairman, that in your absence in the Association Meeting the Vice Chairman, Leo Locke, be authorized to replace you on behalf of the Board of Selectmen

MOTION by Selectman Grady and SECONDED by Selectman Tirrell that we approve the annual run January 6, 2001 from 10:30 AM to 11:30 AM from Bob Burt's letter of November 19^th and the Chief of Police states that we should grant this request.

Town Administrator's Report

Commented on the Cherry Sheet with increase in Chapter 70 (school aid and school building assistance) and a decrease in other areas. Suggested that letters be sent to representatives to take another look at this. This particularly hurt Bourne because of all the state owned land.

Selectman Covell suggested that the letters contain educating of Base children, the new jail and emergency vehicle responses.

Discussion was held.

Other matters

Dredging of Buttermilk Bay will begin next week.

The Community Center Building Committee met last night with the architects.

We are in the process of making an agreement with the County to use the Barnstable County Hospital as a temporary location for the Community Building and the Council on Aging. The Sheriff's department will be assisting with the move. The Community Building will be vacated on January 18^th. Removal of the asbestos is going out to bid.

Selectman Grady requested that an appointment be made to the Residential Growth Management Committee

MOTION by Selectman Grady and SECONDED by Selectman Locke that we appoint Richard Conron to the Residential Growth Management Committee.

Selectman Tirrell commented on setting the sewer rates and Massachusetts Maritime Academy's requests for Bourne Marina be submitted to the Shore and Harbor Committee for their consideration.

MOTION by Selectman Tirrell and SECONDED by Selectman Grady move that the Board of Selectmen refer the proposals of the Massachusetts Maritime Academy in their role as managers of the Bourne Marina as included for example in the October 19^th letter from the same to the Shore and Harbor Committee for their review and recommendation at their convenience.

Amended by Selectman Grady to include the possible reconfiguration of the rocks and boulders on the North side of the channel.

Selectman Coggeshall read letter on liquor license violation of the Sagamore Deli

MOTION by Selectman Grady and SECONDED by Selectman Tirrell that we schedule a hearing for the Sagamore Deli liquor violation on January 8, 2001.

MOTION by Selectman Grady and SECONDED by Selectman Tirrell that there be no meetings on (Christmas) Dec 25^th and (New Years) Jan 1^st.

Mr. Mulvey of Buzzards Bay commented on a time limit policy on public hearing.

Selectmen Covell, Locke and Tirrell regarding correspondence, hearings, meetings of the Shore and Harbor Committee and Conservation Commission on Tahanto Docks.

Lucia Fulco of Cataumet spoke on the contract for the new Town Administrator, William Griffin.

MOTION by Selectman Grady and SECONDED by Selectman Locke to adjourn

Meeting adjourned 9:10 P.M.