James T. Grady

Wayne E. Covell

Mark A. Tirrell

Leo F. Locke

Linda M. Zuern

Page 3: Add "to work with the Town Administrator"

Page 6: Delete the word "Charter" and insert "the vote of the town meeting under

Article 1 March 1, 2000"

Page 6: Delete vote on "MOTION PASSES (3-1) Favor: Selectmen Grady,

Locke and Zuern Opposed: Selectman Tirrell" and insert the words

"UNANIMOUS VOTE (4-0)"

Page 7: Delete "UNANIMOUS VOTE (4-0) and insert "MOTION PASSES (3-1)

Favor: Selectmen Grady, Locke and Zuern. Opposed: Selectman Tirrell

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MOTION by Selectman Locke and SECONDED by Selectman Zuern to approve minutes of March 25, 2003 as amended.

Favor: Selectmen Grady, Tirrell, Locke and Zuern

Abstained: Selectman Covell did not attend meeting.

Selectman Tirrell went over all correspondence received.

Chairman Grady went over the landscaping request of Mr. Hamilton to plant grass on Williams Ave.

Jeffrey Hamilton went over his landscaping plan for planting grass on town property at Williams Ave.

Town Administrator stated that the project, if approved, should be subject to the following conditions: To work with the DPW concerning drainage, the Conservation Commission conditions whatever they may be and the approval of the Mass Highway Department.

Tom Moccia, an abutter, spoke in favor of Mr. Hamilton’s request.

MOTION by Selectman Tirrell and SECONDED by Selectman Covell that the Board (of Selectmen) approve the request of Jeffrey Hamilton subject to the three conditions (to work with the DPW concerning drainage, the Conservation Commission conditions and approval of the Mass. Highway Department).

MOTION by Selectman Covell and SECONDED by Selectman Tirrell to hear agenda item 7 (Coalition of Buzzards Bay) next.

Tony Williams of the Coalition of Buzzards Bay explained the Buzzards Bay Water Quality Monitoring Program. The program collects and assesses water from major harbors and coves. He went over the operation and the locations that are monitored in Bourne. Requested that the Board of Selectmen endorse the Buzzards Bay Water Quality "draft" signage to be placed where monitoring is done. The signs are funded with grant money.

Discussion was held.

Helen Bresnahan of Bourne commented on water studies being done throughout the town. She supported the monitoring program and signage project presented by the Coalition of Buzzards Bay.

Discussion was held.

Board of Selectmen will vote on final signage in the future.

Chairman Grady went over the changes that were made to the original Resolution.

MOTION by Selectman Covell and SECONDED by Selectman Zuern to accept the (Joint Land Use Study) Resolution as amended and adopted April 1, 2003.

Chairman Grady swore in all witnesses.

Police Chief John Ford submitted original services for Michael J. Penner, Owner/Manager of Penner’s Place, Kimberly Ann Soares, bartender, underaged person Michael Andrews and his mother Paula Andrews. Michael and Paula Andrews were not present.

Bourne Police Officer Timothy Derby stated what he found when he arrived at Penner’s Place. A fight had occurred. Identification was requested from James Graham and he showed a valid Massachusetts Drivers License. Michael Andrews was also asked for his identification and produced a Plymouth State College of New Hampshire identification and it showed birthdate of 8/13/81. An inquiry with the Massachusetts Registry of Motor Vehicles with his name and social security number actually showed that he was born in 8/13/82 showing that he would not turn 21 until this year. He asked Michael Andrews if he had purchased any alcohol while he was in the establishment and he stated he had.

Chief Ford submitted the Plymouth State College of New Hampshire identification and the Massachusetts Registry of Motor Vehicles confirmation showing his true date of birth. As a result Michael was charged with liquor under 21 procuring and under 21 misrepresenting his age. He went to Falmouth Court and received a disposition in the case.

Michael and Paula Andrews arrived at 7:47 p.m.

Officer Derby continued stating that Mr. Graham and Mr. Andrews were celebrating Mr. Graham’s birthday. They both left by ambulance. The third person involved in the incident gave an alias and there is a warrant out for his arrest.

Michael Penner stated that he had no questions for Officer Derby.

Police Officer Jared MacDonald stated that when he arrived Mr. Andrews admitted that he had a false College identification. At that time he spoke to the bartender, Kimberly Soares and explained to her that a College identification was not an accepted form of identification. He explained to Ms. Soares the 4 types of identification that are accepted. She did not say that he had produced any other form of identification. He spoke with all of the parties and he thought that all were under the influence of alcohol.

Michael Penner asked Officer MacDonald if he found any other form of identification and Officer MacDonald replied that Mr. Andrews went through all of his pockets and his wallet and no other form was found.

Bourne Police Sergeant Gary Devillez was the supervisor and he confirmed that the officers did search Mr. Andrews for additional identification and all he had was the false Plymouth State College of New Hampshire identification.

Michael Andrews was sworn in by Chairman Grady.

Chief Ford questioned Mr. Andrews as to the form of identification he presented to the bartender. Mr. Andrews stated that he showed his false college identification and that he did have his Massachusetts Drivers License with him in the car showing his true age of 20, but did not show it to the bartender.

Michael Penner stated that the bartender asked Mr. Andrews for identification and he presented his college identification. The bartender stated that she could not serve him with this form of identification and asked him for a license. Mr. Andrews stated that he did not have a license and she said ok. Mr. Penner stated that he did produce a New Hampshire Drivers License showing the wrong date of birth. Mr. Andrews again stated that he did not produce any other form of identification.

Chief Ford stated that Penner’s Place had one violation in 1997 for serving a minor and they received a three day suspension from the ABCC.

Michael Penner presented a letter from Ms. Soares, the bartender and also asked her to come before the Board of Selectmen to give her statement. She stated that she did ask for identification and Mr. Andrews produced his College identification. She stated that she could not accept the College identification and he then produced a New Hampshire Driver’s License, which she then described.

Chief Ford asked Ms. Soares if she was T.I.P.S. trained and she stated that she was. He went over the 4 forms of identification that are accepted, out of state licenses not being one.

Michael Penner stated that he spoke with the T.I.P.S. representative in this area on out of state licenses, purchased a machine to scan licenses to see if they are valid and had Sergeant Tavares of the Bourne Police come to his establishment to answer questions that his staff had regarding this incident.

Discussion was held.

Wiliam Shean of Buzzards Bay was at Penner’s Place that night and stated that he saw the bartender ask for identification and she refused the first form of identification and he produced another form of identification. He could not see either one.

Chief Ford stated that the College identification showed a Massachusetts address and if he showed a New Hampshire license it would have a New Hampshire address.

Ms. Soares stated that she had cross-checked the identifications for names, date of birth and picture. She did not check the address.

Joan Hackett of Wareham stated that she saw Mr. Andrews produce two forms of identification to Ms. Soares, the bartender. She also stated that she did not see the forms of identification that were produced.

Anthony Caputo of Bourne stated that he heard the bartender ask for a second form of identification and Mr. Andrews did produce a second form to Ms. Soares.

Chief Ford went over what Mr. Penner has done to protect his establishment, but felt that a mistake was made by the bartender.

Chairman Grady declared that the hearing was closed.

Discussion was held.

MOTION by Selectman Covell and SECONDED by Selectman Locke that there was a violation of (a liquor license) serving of a minor.

MOTION by Selectman Covell and SECONDED by Selectman Locke to suspend (liquor) license for one day April 15, 2003.

Discussion was held.

Selectmen Tirrell and Zuern suggested a two day suspension.

AMENDED MOTION by Selectman Zuern and SECONDED by Selectman Tirrell to suspend the (liquor) license for two days April 15 and 16, 2003.

Selectmen Covell and Locke stated they agreed with Selectmen Zuern and Tirrell.

Discussion was held.

Chairman Grady stated that town reports are now available.

Chairman Grady presented Selectmen Locke and Covell with citations from the Board of Selectmen and thanked them for their service to the Town of Bourne.

Selectman Zuern commented on the Senior Management Board, Local Emergency Planning and Shellfish Working Group meetings. She also attended a ceremony with the troops and Governor Romney.

Selectman Tirrell commented on Habitat for Humanity.

Selectman Covell commented on his membership to the Community Building Committee, an update on the construction of that building as well as the meeting room for the Board of Selectmen at the new Bourne Memorial Community Building.

MOTION by Selectman Zuern and SECONDED by Selectman Tirrell approve the compromise of the meeting room that was stated by Selectman Covell (for the Board of Selectmen’s Meetings) at the Bourne Memorial Community Building.

Selectman Covell commented on the salary of the Town Administrator.

Selectman Locke commented on Bourne/Sandwich Rotary Club.

Selectman Zuern asked that the Board of Selectmen act on Selectman Covell’s request to remain on the Community Building Committee.

MOTION by Selectman Zuern and SECONDED by Selectman Tirrell that Wayne Covell continue as a member of the Community Building Committee until the project is completed.

Town Administrator, William R. Griffin, and Finance Director, Lynne Burchill, recommended to the Board of Selectmen to appoint Kathleen Burgess for a one year term as Town Collector and Linda Marzelli for a one year term as Town Treasurer.

MOTION by Selectman Locke and SECONDED by Selectman Zuern move acceptance of the recommendations (Kathleen Burgess for a one year term as Town Collector and Linda Marzelli for a one year term as Town Treasurer) of the Town Administrator and Finance Director.

The Town Administrator also appointed Nicole Wood and Frank Cote to Laborer positions at the Landfill.

He expressed his concerns on School Transportation and Pilot Funding and has prepared a letter to the State Senator and Representatives. He also commented on the Governor’s Budget regarding Regional Schools.

The Town Administrator thanked Selectmen Locke and Covell for their support.

County Commissioner Lance Lambros and Assembly of Delegates Representative Joseph Carrara, Jr. presented the town with a check in the amount of $53,291.00 from the County.

Charles Miller of Monument Beach commented on the new town reports.

MOTION by Selectman Locke and SECONDED by Selectman Covell to adjourn.

Meeting adjourned at 9:10 p.m.