SELECTMEN’S MEETING
MARCH 25, 2003 7:00 P.M.
BOURNE TOWN HALL CONFERENCE ROOM
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Attendance:
Town Administrator
William R. Griffin
Board of Selectmen
Chairman James T. Grady
Mark A. Tirrell
Leo F. Locke
Linda M. Zuern
Selectman Covell is out of town due to family illness.
A moment of silence was held for our troops.
Salute to Flag
Approval of Minutes
MOTION by Selectman Tirrell and SECONDED by Selectman Zuern to accept minutes of March 18, 2003 as presented.
UNANIMOUS VOTE (4-0)
Correspondence
Selectman Tirrell read all correspondence received this week.
Fran Donovan – Corp of Engineers – update
Fran Donovan went over the repair work being done to the Bourne Railroad Bridge, pedestrian movement; Buzzards Bay Restroom Facility, sewer hook-up, operating hours, landscaping and parking lot; Marsh Project, coordination with the National Marine Life Center; and Highway Bridges Sagamore Bridge - minor repairs - April ‘03, Bourne Bridge Painting – August ’03 – Nov ’04, Sagamore Bridge deck repairs Oct ’05 – May ’06; and Coordination with MASS HIGHWAY concerning Sagamore Flyover Project and Corp works.
Discussion was held.
Chairman Grady thanked Mr. Donovan for his presentation.
Bourne Conservation Trust – Pathways Project
Mr. Richard Boyden of the Bourne Conservation Trust presented the Board of Selectmen with letter from January 24, 2003 describing the plans for constructing walking trails on land acquired by the Town of Bourne through Open Space. The Conservation Commission has approved this project. It is located on Shore Road and was formerly known as the DiModica property. There will be no expense to the Town. The plan proposes a loop trail around the property that would be bisected by a cross trail running north and south. No green trees would be cut. Bushes and green briars in the proposed trail, perhaps 50 to 100 feet, would run close to the pond on the south side of the property. The remainder of the proposed trail would be on high ground and run along ridgelines.
Discussion was held.
MOTION by Selectman Locke and SECONDED by Selectman Zuern to approve the walking trails as set forth and described in letter dated January 24, 2003.
UNANIMOUS VOTE (4-0)
Visitor Services Board – Awards
Visitor Services Board Chairman Peter Fisher stated that room taxes returned to the town have been used for tourism. He went over applications received, the process used in selecting the applicants for awards, and recommended the award of $23,500 be awarded as follows:
Bourne Professional Firefighters $2,400
Cataumet Civic Association 1,400
Bourne Society for Historic Preservation 600
Cataumet School House Preservations Group $1,400
Monument Beach Civic Associates, Inc. 1,200
Bourne Skating Club 3,000
Community Building Need Committee 1,700
Cape Cod Canal Chamber of Commerce 6,000
Pocasset Village Association 800
Buzzards Bay Village Association $5,000
MOTION by Selectman Locke and SECONDED by Selectman Zuern to accept the Visitor Services Board recommendations.
UNANIMOUS VOTE (4-0)
Ed Desmond – Private Ways
Mr. Desmond went over his issues regarding snow plowing and trash pickup on private ways that are not open to the public.
Town Administrator, William R. Griffin, gave a brief history on the snow plowing issue and stated that trash pick up is a separate issue.
Discussion was held.
The Town Administrator went over the signs and pictures that were found by the DPW.
Chairman Grady suggested that the Board of Selectmen have a subcommittee. Selectmen Zuern and Tirrell will be the subcommittee to work with the Town Administrator to look into these issues and report their recommendation to the Board of Selectmen.
Discussion was held.
Scott Northrop of Wings Neck commented on snow plowing and services that are provided by the Town through taxes.
George Jenkins of Wings Neck commented on why services should be provided by the town to private ways.
James Mulvey of Buzzards Bay spoke on services to private ways provided by the Town.
Buzzards Bay Sailing School – Moorings
George Jenkins and Scott Northrop of the Buzzards Bay Sailing School requested 8 moorings free of charge for the school. In past years they have been given 6 moorings at no cost. This year the Department of Natural of Resources has asked the school to pay for 6 moorings and be put on waiting list for the additional 2. The School is a non-profit organization and would like the two additional moorings at no cost as well as the 6 they have now.
MOTION by Selectman Locke and SECONDED by Selectman Grady to grant the Buzzards Bay Sailing School Inc., 8(eight) moorings free of charge.
Discussion was held.
George Weinert, Director of the Department of Natural Resources, went over his reasons for not granting these moorings at no charge.
Discussion was held.
James Mulvey of Buzzards Bay commented on the non-profit status of the school.
Discussion was held.
MOTION FAILS (2-2)
In Favor: Chairman Grady and Selectman Locke
Opposed: Selectmen Tirrell and Zuern
Discussion was held.
MOTION by Selectman Tirrell and SECONDED by Selectman Locke that it be the policy of the Board (Board of Selectmen) that this sailing school (Buzzards Bay Sailing School) having made sufficient application as they have, waive the fee on the 6 moorings that have been in use and urged to apply for additional moorings consistent with regulations of the Department of Natural Resources or the Harbor Master for the summer of 2003 and thereafter until further vote of the Board of Selectmen.
MOTION PASSES (3-1)
In Favor: Chairman Grady, Selectmen Locke and Tirrell
Opposed: Selectman Zuern.
Pilgrim Pines Comprehensive Permit Decision (February 5, 2002 from the Town Counsel – Decision filed with Town Clerk on March 20, 2003)
Chairman Grady went over the decision granting the 40B Comprehensive Permit Decision by the Zoning Board of Appeals and the conflict of the land being part of the District of Critical Planning and Concern (D.C.P.C.). The Board of Selectmen could vote to appeal to the Superior or Land Court the Decision of the Zoning Board of Appeals in granting that Comprehensive Permit. Simultaneously, this Board would then refer to the Cape Cod Commission as a Development of Regional Impact the question of Pilgrim Pines Estates and the Cape Cod Commission would have to make a formal ruling or decision concerning this conflict between the D.C.P.C. R40 and the Comprehensive Permit of 20,000 sq. ft.
Discussion was held.
MOTION by Selectman Locke and SECONDED by Selectman Zuern the Board of Selectmen on behalf of the Town appeal to either (as determined by the Town Counsel) Land Court or Superior Court the Comprehensive Permit granted by the Zoning Board of Appeals for Pilgrim Pines and also to refer as a Development of Regional Impact to the Cape Cod Commission the subdivision known as Pilgrim Pines also the subject matter of the Comprehensive Permit for their determination and review.
Discussion was held.
Selectman Tirrell stated his reasons why he felt the Comprehensive Permit should stand.
Discussion was held.
MOTION PASSES (3-1)
In Favor: Selectmen Grady, Locke, and Zuern
Opposed: Selectman Tirrell
May 12, 2003 Special Town Meeting Warrant – Closing
Town Administrator William R. Griffin stated that this date would comply with the Charter requirement for closing the warrant.
MOTION by Selectman Tirrell and SECONDED by Selectman Zuern to close the Special Town Meeting Warrant (Special Town Meeting to be held within the Annual Town Meeting on May 12, 2003) on Friday March 28, 2003.
UNANIMOUS VOTE (4-0)
Special Town Meeting Articles
The purpose of this article is to correct an oversite of the vote of the Town Meeting under Article 1 March 1, 2000.
Article:
To see if the Town will vote to properly commemorate the services and sacrifices of veterans who have served in the military service in time of war by designating and naming the new Community Center approved under Article 1 of the Special Town Meeting held March 1, 2000 in their name and honor, so that said building hereinafter will be known as the Veterans’ Memorial Community Center; and further, that said building upon its completion shall be under the care, custody, and control of the Trustees of Soldiers’ Memorials as provided by Section 6-11 of the Town Charter and the Massachusetts General Laws Chapter 41, Section 105 and all applicable provisions of law as set forth therein, or take any other action in relation thereto.
Selectman Tirrell suggested that the name "Bourne" Veterans’ Memorial Community Center be used instead of Veterans’ Memorial Community Center.
Discussion was held.
MOTION by Selectman Locke and SECONDED by Selectman Zuern to support the article as amended by inserting the word "Bourne" before Veterans’ Memorial Community Center.
MOTION PASSES (3-1)
Favor: Selectman Grady, Locke and Zuern
Opposed: Selectman Tirrell
MOTION by Selectman Locke and SECONDED by Selectman Zuern sponsor the article as amended for the Special Town Meeting May 12, 2003.
UNANIMOUS VOTE (4-0)
Food Vendor’s Licenses
To see if the Town will vote to amend the Town Bylaws at Section 3.5 entitled Food Vendor’s License by amending Section 3.5.5 thereof entitled Term of License by adding a new sentence as follows:
…"The annual license fee for said Food Vendor’s License shall be the same be set for that of a Common Victualer License."…
Or take any other action in relation thereto.
Discussion was held
MOTION by Selectman Locke and SECONDED by Selectman Zuern to approve the article concerning license fee for the Food Vendor’s Licenses.
Selectman Tirrell stated his reasons for not supporting this article.
MOTION PASSES (3-1)
In Favor: Chairman Grady, and Selectmen Locke and Zuern
Opposed: Selectman Tirrell
Marine Life Center Lease and Design Approval
Chairman Grady went over the changes that were made to the National Marine Life Center Agreement.
MOTION by Selectman Locke and SECONDED by Selectman Tirrell to authorize and approve the execution of the lease for the National Marine Life Center as agreed upon by both parties.
UNANIMOUS VOTE (4-0)
Richard Largay, Vice Chairman of the National Marine Life Center went over the architect’s design and colors of the building.
MOTION by Selectman Locke and SECONDED by Selectman Tirrell to approve the rendering entitled "Architects Rendering 120 Main Street (National Marine Life Center) from Architects Chermayeff, Sollogub and Poole, Inc., Boston, MA and Design by Ivan Chermayeff of New York, NY.
Discussion was held.
UNANIMOUS VOTE (4-0)
Seasonal Licenses
a. Chart Room – Common Victualer’s and Liquor License
MOTION by Selectman Locke and SECONDED by Selectman Zuern to approve the Common Victualer’s and Liquor License of the Chart Room, David C. Jarvis, Manager subject to annual inspection by the Bourne Fire Department.
UNANIMOUS VOTE (4-0)
b. Lobster Trap – Common Victualer’s License
MOTION by Selectman Tirrell and SECONDED by Selectman Locke to approve the Common Victualer’s License for Lobster Trap Co. Business Trust – Logan Clark III, Manager subject to annual inspection by the Bourne Fire Department.
UNANIMOUS VOTE (4-0)
Selectmen Reports
Chairman Grady commented on the Joint Land Use Study Resolution. Wording was changed:
Third Paragraph: Delete the word "will" and add "may".
Item #4: Delete the word "implement" and add "consider"
Selectman Tirrell commented on the Household Hazardous Waste Collection.
Selectman Zuern commented on the Pave Paws Scoping, Local Comprehensive Planning, and Senior Management Board meetings. Governor Romney will be visiting the troops on the base tomorrow at 3:00 p.m.
Town Administrator Reports
William R. Griffin stated that he has appointed Michael Sanborn of Onset and Sean Wallace of Pocasset to Laborer positions in the Department of Public Works. The fifteen day waiting period was not waived.
The Town Administrator gave a summary on the need for the new Food Vendor’s License and reasons.
Discussion was held.
Chairman Grady suggested that on the Food Vendor’s License delete the word "drink" and insert "non-alcoholic beverages".
Public Comment
James Mulvey commented on the Food Vendor’s License.
Charles Miller of Monument Beach commented on Private Ways, moorings and beach stickers.
MOTION by Selectman Locke and SECONDED by Selectman Zuern to adjourn.
Meeting adjourned at 9:40 p.m.