SELECTMEN’S MEETING

JULY 29, 2003 7:00 P.M.

BOURNE TOWN HALL CONFERENCE ROOM

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Attendance

Town Administrator

William R. Griffin

Board of Selectmen

Mark A. Tirrell, Chairman

Linda M. Zuern

Richard E. LaFarge

James T. Grady

W. Thomas Barlow

Salute to the Flag

Approval of Minutes

MOTION by Selectman Zuern and SECONDED by Selectman Grady to approve minutes of July 15, 2003 as presented.

UNANIMOUS VOTE (5-0)

Public Comment – Non Agenda Items

No public comment.

Correspondence

Selectman LaFarge went over the correspondence that was received.

A letter of resignation was received from Bob Deane the Town of Bourne’s Representative to the Cape Cod Commission. Selectman Grady requested that the vacancy be posted on the Town’s website, newspapers and cable television.

A letter was received from Lt. Greene of the Fire Department with an update on Knowlton’s Garage violations. Selectman Grady requested that copies of the letter be sent to Knowlton’s Garage, Attorney Fitch and RELCO Engineering.

Stormwater Management Plan Presentation

Wally Tonaszuck, Consulting Engineer and former Director of Community Services along with Dodi Adkins-Perry of the Town Planner’s office, who coordinated the slide show, presented an update of the Town of Bourne’s Stormwater Management Plan.

Discussion was held.

Fire Chief Charles Klueber - Sagamore Fire Station Plans

Fire Chief Klueber presented the Board of Selectmen with three proposed plans for replacement of the Sagamore Fire Station. The old station will be replaced by the state in conjunction with the Sagamore Rotary reconstruction. The Chief stated that he preferred the third plan as it met the needs of the Department now and in the future. The HAZMAT truck for the area was housed at the Sagamore Fire Station. Due to the purchase of new truck and lack of space it is now at the Plymouth Station.

Richard Kelly, P.E. Senior Civil Engineer and Nicholas G. Rubino, P.E. Senior Project Director both of Earth Tech explained the advantages and disadvantages of the three proposals. Parking will be very limited in all three proposals.

Discussion was held.

Chief Klueber stated the town owns a larger piece of land in Sagamore and suggested that it be explored for the new station. Town Administrator, William R. Griffin, requested the Town Planner get the specifics on this property to the Earth Tech Engineers.

Discussion was held.

Local Comprehensive Plan Update

Dr. James Sullivan, Chairman of the Local Comprehensive Planning Committee commented on items the committee has been working on for the Comprehensive Plan.

Discussion was held.

Howard Crowe of the Local Comprehensive Planning Committee presented the Board of Selectmen a study that was done on growth and development.

Discussion was held.

Monument Beach Parking

Town Administrator went over the letter received from George Weinert, Director of Natural Resources regarding parking for the Monument Beach Snack Bar. The Department of Natural Resources has received permission from the Conservation Commission to clear away some sand on existing parking spaces and was able to create fifteen additional parking spaces. Ten would be added to the existing three, where no sticker is required, for parking at the Snack Bar. The remaining five will be used for sticker parking at the Marina. He recommended that the Board of Selectmen approve the proposal.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman LaFarge to approve the recommendation of the Department of Natural Resources Director to add 15 additional parking spaces at Monument Beach by the removal of the sand immediately behind the concession stand. Approval for the removal of sand was received by the Conservation Commission at their July 17, 2003 meeting. 10 additional parking spaces for the use of the Whistle Stop concession stand. The other 5 spaces can be used for general Monument Beach Marina business, such as for Beach Sticker holders. The Department of Natural Resources will establish a maximum time and other management practices regarding each vehicle parked at the Monument Beach Marina.

Discussion was held.

UNANIMOUS VOTE (5-0)

Bond Signing - Title 5 Systems

MOTION by Selectman Grady and SECONDED by Selectman Zuern we approve the following:

Town of Bourne, Massachusetts

Certificate Relating to Certain Minutes

of a Meeting of the Board of Selectmen

Date: July 29, 2003

We, the undersigned members of the Board of Selectmen (the "Board") of the Town of Bourne, Massachusetts (the "Town), hereby certify that the following is a true copy of excerpts from the minutes of a regular meeting of the Board duly called on July 29, 2003 at 7:00 p.m. at Bourne Town Hall (the "Meeting"), that five (5) of the (5) members of the Board constituting a quorum were in attendance and voting throughout and that all of the members of the Board were duly notified of the time, place and purposes of the Meeting. The following vote was duly adopted by vote of five (5) yeas and zero (0) nays (the "Vote").

We certify that the following is a true copy of a Vote adopted at the Meeting:

"VOTED: (1) That the Town shall issue bonds for financing the costs of a residential septic systems program (the "Project"), in an aggregate principal amount not to exceed $200,000 (the "Bonds"), authorized under and pursuant to Chapter 111, Section 127B1/2, and Chapter 29C, of the Massachusetts General Laws, as amended and supplemented, and by a vote of the Town, duly adopted, all as more particularly described herein.

(2) The Bonds shall be dated as of their date of issuance and issued initially as registered Bonds, shall mature in annual installments and bear interest on such day(s) in each year as may be approved by the Treasurer and the Board of Selectmen in accordance with Schedule C appended to the Loan Agreement between the Town and the Massachusetts Water Pollution Abatement Trust (the "Trust") hereinafter described (the "Loan Agreement"), such approval to be evidenced by their execution of the Bonds. The Bonds are substantially in the form set forth as Exhibit B to the Loan Agreement and otherwise shall be issued in such manner and forms as the signatories shall approve their execution thereof.

(3) That the forms, execution and delivery of the Project Approval Certificates and Regulatory Agreement between the Town and the Department of Environmental Protection of the Commonwealth of Massachusetts dated April 14, 2003 and the Loan Agreement dated as of April 14, 2003 both as executed in the name and on behalf of the Town by the Treasurer or any other appropriate official of the Town in order to evidence the sale of the Bonds, are hereby approved, ratified and confirmed in all respects, with any changes therein not inconsistent with this Vote as may be approved by the Treasurer or any other appropriate official of the Town.

(4) That prior to the aforesaid sale of the Bonds to the Trust, in accordance with the terms of the Loan Agreement, the Town may issue its Interim Loan Note (the "Note") in anticipation of the issuance of said Bonds; that such Note shall be sold to the Trust at the price of par, plus accrued interest to its date of delivery, if any, and shall mature at such time or times and bear interest at such rate or rates as may be approved by the Treasurer and a majority of the Board in accordance with the terms of the Loan Agreement, such approval to be evidenced by their execution of such Note and such other related documents as bond counsel to the Town or officials of the Trust shall require in connection therewith.

(5) That this Note issue shall consist of a $200,000 Interim Loan Note (Septic System Bonds) being all of the $200,000 Septic System Repairs Bond authorized under Section 127B1/2 of Chapter 111, and Chapter 29C, of the Massachusetts General Laws, as amended and supplemented and by a vote of the Town duly adopted under Article 6 of the Warrant at the Special Town Meeting held on March 3, 2003.

(6) That all things heretofore done and all action heretofore taken by the Town and its officers and agents in its authorization of the Project and its financing are hereby ratified, approved and confirmed.

(7) That the Town Clerk and the signers of the Bonds are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this Vote, including delivering the Bonds against payment therefor."

We further certify that the Meeting was open to the public; that the aforesaid is a true copy of the Vote adopted at the Meeting as appearing in the minutes thereof; that the Vote remains in full force and effect and has not been amended or rescinded as of the date thereof; that notice of the time, date and place of the Meeting was filed with the Town Clerk of the Town of Bourne and a copy thereof posted in the Town Clerk’s office 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 Meeting and remained so posted at the time of the Meeting; that no deliberations or decisions with respect to the Vote were taken in executive session; and that the official record of the Meeting was promptly made available to the public and will remain available to the public, all in accordance with Chapter 39 Section 23B, of the General Laws, as amended (the "open-meeting law").

UNANIMOUS VOTE (5-0)

Board Assignments to Committees

By Law Committee

Nominations: Chairman Tirrell nominated Selectman Grady seconded by Selectman LaFarge. There were no other nominations.

UNANIMOUS VOTE (5-0)

Cape Cod Joint Transportation Committee

Nominations: Selectman Grady nominated Selectman LaFarge seconded by Selectman Zuern. There were no other nominations.

UNANIMOUS VOTE (5-0)

 

 

Capital Outlay

Nominations: (1) Selectman Grady nominated Selectman LaFarge seconded by Selectman LaFarge: (2) Selectman Zuern nominated Chairman Tirrell seconded by Chairman Tirrell

Roll Call Vote: (3-2)

Selectman Barlow Chairman Tirrell

Selectman LaFarge Selectman LaFarge

Chairman Tirrell Chairman Tirrell

Selectman Zuern Chairman Tirrell

Selectman Grady Selectman LaFarge

Chairman Tirrell will serve on the Capital Outlay Committee.

Selectmen's Task Force on Local Pollution

Nominations: There were none

No appointment was made for the Selectmen’s representative to the Committee.

Sewer Commissioners

Nominations: Selectman Zuern nominated Chairman Tirrell seconded by Selectman Grady

UNANIMOUS VOTE (5-0)

Transportation Advisory Committee

Nominations: (1) Selectman Grady nominated Selectman LaFarge seconded by Selectman LaFarge; (2) Selectman Zuern nominated Selectman Barlow seconded by Chairman Tirrell

Selectman Barlow respectfully declined.

UNANIMOUS Vote (5-0)

 

 

Committee Appointments:

Bourne Housing Partnership Committee

MOTION by Selectman Grady and SECONDED by Selectman Zuern to re-appoint all of the applicants – Susan Ross, Cindy Coffin, Coreen Moore, Peter Meier, Francis Garland Anderegg, Mary Ellen Wilczynski, Paula L. O’Connell, Albert J. Hill and Barbara Thurston

UNANIMOUS VOTE (5-0)

Bourne Financial Development Corp – Board of Directors

MOTION by Selectman Grady and SECONDED by Selectman LaFarge to re-appoint John Elwood.

UNANIMOUS VOTE (5-0)

MOTION by Selectman Barlow and SECONDED by Selectman Tirrell to re-appoint John Harding.

Selectman Grady stated that since Mr. Harding serves on the Finance Committee he can not serve on another committee.

No action was taken.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman LaFarge the Board of Selectmen table (Mr. Harding’s appointment) until an opinion is received from Town Counsel.

UNANIMOUS VOTE (5-0)

MOTION by Selectman LaFarge and SECONDED by Selectman Zuern to re-appoint Marie Oliva.

UNANIMOUS VOTE (5-0)

 

Buzzards Bay Action Committee

MOTION by Selectman Grady and SECONDED by Selectman Barlow to re-appoint staff member Heidi Marsella as member and James Mulvey as alternate member.

UNANIMOUS VOTE (5-0)

Cable Television Advisory Committee

MOTION by Selectman Grady and SECONDED by Selectman Zuern that the four seeking re-appointment, Linda Zuern, Priscilla Lowe Koleshis, JoAnn O’Neil and William Locke, be re-appointed.

UNANIMOUS VOTE (5-0)

Cape Cod Compact Light Committee

MOTION by Selectman Grady and SECONDED by Selectman Zuern that Mr. (Richard) Conron be re-appointed.

UNANIMOUS VOTE (5-0)

Commission on Disabilities

The Town Administrator stated that applicant Michael Dozier was here earlier tonight. He had to leave, but would like to serve on this committee.

MOTION by Selectman Grady and SECONDED by Selectman Barlow to appoint Donald Uitti for re-appointment, Stephen Lukacinsky for re-appointment, Valerie Hayes for re-appointment and new appointment of Michael Dozier.

UNANIMOUS VOTE (5-0)

Recreation Committee

MOTION by Selectman Grady and SECONDED by Selectman LaFarge to re-appoint Mr. (Donald) Morrissey, Mr. (James) Wenzel and Mr. (Thomas) Cox.

UNANIMOUS VOTE (5-0)

Selectmen’s Task Force on Local Pollution

MOTION by Selectman Grady and SECONDED by Selectman Zuern re-appoint Mr. (Russell) Cookingham, Mr. (James) Mulvey, Ms. (Helen) Bresnahan, Mr. (Anthony) Bondi, Mr. (Peter) Virbasius, Mr. (Clifford) Wise and Mr. (Albert) Pye

UNANIMOUS VOTE (5-0)

Use of Town Property:

Pocasset Village Association

The Pocasset Village Association is requesting use of Barlow’s Landing Beach on August 16th from 1:00 p.m. to 4:00 p.m. with a rain date of August 17th for their annual picnic.

MOTION by Selectman Barlow and SECONDED by Selectman LaFarge to approve the use of town property (by the Pocasset Village Association for their annual picnic on August 16th from 1:00 p.m. to 4:00 p.m. with a rain date of August 17th).

UNANIMOUS VOTE (5-0)

Transient Vendor License

William Clifford of 1399 Rte 28A, Cataumet is requesting a Transient Vendors License for the sale of fresh fruits and vegetables. The location of the farm stand will be at 1395 Rte 28A, Cataumet.

Selectman Grady stated that this request violates the zoning by law and license should not be issued.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern move to approve.

Discussion was held.

MOTION PASSES 4-1

Favorable: Selectmen Tirrell, Barlow, LaFarge and Zuern

Opposed: Selectman Grady

Selectmen Reports

Chairman Tirrell stated that today is the anniversary of the opening of the Cape Cod Canal.

Selectman Zuern commented on the Hurricane Awareness Workshop.

Selectmen Barlow, LaFarge and Grady did not have reports.

Town Administrator Reports

Town Administrator, William R. Griffin, received a letter from the Massachusetts Maritime Academy requesting student parking at the Bourne Marina. He requested that the Board approve the request with the following conditions:

    1. That the MMA be authorized to use a maximum of 100 parking spaces at the Bourne Marina parking lot.
    2. That a plan detailing the specific spaces assigned for student parking be prepared jointly by the DNR and MMA so as to ensure that adequate access and parking is retained for boat owner vehicles and trailers utilizing the launching ramp in the off-season.
    3. That the MMA be responsible for cleaning, policing and overseeing the parking lot and operation during its use, including enforcement of the parking plan agreed upon by the parties. In addition, no inoperable vehicles will be allowed in the parking lot, nor shall repairs and maintenance of the vehicles take place while parked at the marina.
    4. That the MMA pay to the Town of Bourne the sum of $40.00 per parking space, per school year, designated for student parking.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to approve as recommended the request of the Maritime Academy subject to the four conditions as set forth in the Town Administrator’s Memorandum of July 24, 2003 with the exception of adding in paragraph four after parking space , per school year,

Discussion was held

UNANIMOUS VOTE (5-0)

Personnel Actions: 1. Authorized the posting of the position of Assistant DPW Superintendent. 2. Appointed Paula Coulombe to the position of Account Clerk III at ISWM.

The Town Administrator presented an update report from the ISWM Working Group.

Chairman Tirrell commented on upcoming agenda items.

Public Comment

There was none.

MOTION by Selectman Zuern and SECONDED by Selectman Tirrell to adjourn.

UNANIMOUS VOTE (5-0)

Meeting adjourned at 11:20 p.m.