Selectmen’s Meeting

Bourne Town Hall

Conference Room

September 9, 2003

*************************************************************

William R. Griffin

Town Administrator

Mark a. Tirrell, Chairman

Linda Zuern, Vice Chairman

Richard LaFarge, Clerk

James T. Grady

W. Thomas Barlow

Meeting was called to order at 7:00 P.M.

Corrections made to minutes by Selectman Zuern:

Page 9- paragraph 9 add "daily" after "three times"

Selectman Zuern requested adding the word "often" on Page 6, last paragraph to read "He often threatens…..". Selectman LaFarge questioned whether a change could be made on Mr. Gosson’s testimony. Minutes will be reviewed before any changes will be made.

Selectman Barlow questioned the minutes regarding Sgt. McGonagle’s testimony under oath. Minutes will be reviewed and brought forward to the meeting on September 16.

Approval of minutes were laid on the table until the two issues raised could be verified by audiotapes for the next meeting.

Howard Crow made supplemental comments regarding his presentation a few weeks ago.

Selectman Grady inquired what percentage the commercial community was paying for property taxes in Bourne and whether it was a high or low as compared to the rest of State and Cape Cod. Mr. Crow gave a detailed explanation of the table presented to the board. The Board thanked Mr. Crow for his follow-up and helpful information.

Recognition

The chair welcomed Representative Matt Patrick who will be participating in a discussion later in the meeting.

Selectman LaFarge went over correspondence. Some items would not be dealt with because meetings had already happened.

♦ Letter from Rob Pacheco and Mike Degan with an invitation to participate

in the 5^th Annual Beachmoor Golf Tournament to benefit the Food Pantry.

♦ Letter from the Town Administrator to Secretary Daniel Grabauskas

asking for the approval of the new fire station location.

♦ Letter from Town Administrator to Michael Joyce, MMA, responding to

student parking fees at the Taylor’s Point Marina Parking Lot.

♦ Letter from Cape Light Compact regarding Request for Proposals for

power supply to Cape municipal accounts to secure lower cost electricity

and price stability over the life of the contract. They further recommend

that the Board of Selectmen authorizes the Town Administrator to execute

the power supply contract.

♦ Letter from Cape Light Compact with the monthly efficiency report.

♦ Memo from Town Administrator to Board of Selectmen and Finance

Committee with a memo from Brent Goins regarding Landfill Gas System

Extension.

♦ Letter from Town Administrator to John Shyne, for the Mashnee

Island Residents Association regarding the unauthorized speed

bumps on Mashnee Road.

♦ Letter from Valerie Hayes withdrawing her name for consideration to

serve on the Bourne Commission on Disabilities.

♦ Letter from the Fairhaven Selectmen asking support for pending

legislation requiring state licensed pilots on board all hazardous waste

barges in the canal in Buzzards Bay.

♦ Copy of a letter from the Mattapoisett Board Selectmen urging support in

filing and passing legislation requiring hazardous material barges and tug

boats to be operated by state licensed pilots while in state waterways.

♦ A resolution from the Barnstable County Assembly of Delegates

incorporating into the MMR Lease a provision providing that the cleanup

continue, the memo of the agreement between the Army and the Guard be

incorporated and very importantly that Bourne receive full reimbursement

for educating their children.

♦ Letter from John Harrington, Chm., School Committee, to Mr. Tirrell

asking for a joint meeting of the Board to discuss the draft articles for the

Special Town Meeting dealing with the funding for education for children

at the base.

♦ Copy of a letter from the Coalition of Buzzards Bay to the Governor

urging rejection of the extension of the MMR lease due to the present

concern of the impact of pollution in Buzzards Bay.

♦ Copy of a letter from Representative Patrick to Governor Romney raising

pollution and environmental concerns of area towns with regard to the

MMR.

♦ Memo from Town Administrator to the Board of Selectmen with a copy of

the proposed county ordinance on the County Hospitals Conservation

Restriction incorporating the changes the Selectmen asked for.

♦ A memo from Colleen Coulombe tending her resignation as a member of

the Bourne Cultural Council.

♦ A letter from Don Hayward requesting an investigation/competency

review of the Building Inspector. The main issues are the expansion of

non-conforming use of CCA and Knowlton’s Garage resulting from what

he reviews as a lack of ability on enforcement.

♦ Memo from Town Administrator to the Board of Selectmen with an email

from Patrick Mehr from Lexington regarding a pending bill which would

allow towns to buy electric distribution plants and whether the town would

want to get into that.

♦ A public notice asking those interested in being a representative from

Bourne on the Cape Cod Commission submit a letter of interest. Two

letters received; one from Richard Conron and the other from John

Johnson.

♦ Copy of a letter from John Greene to Bob Parady, resigning from the

Finance Committee.

♦ Schedule for LCP Meetings.

♦ "Thank You" from Prudy Bottino, Special Needs Assistance, for the

citation on her retirement.

♦ Letter from Town Administrator to Thomas Broderick, Chief Engineer,

concerning the town’s intention to use the 135 acres bought in Bournedale

with Land Bank Funds.

♦ Letter from Robert Pritchard, Mgr., of the Pocasset Mobile Home Park,

indicating his awareness of the proposed article for proposed rent control

legislation.

♦ Memo from Coreen Moore advising that the Cape Cod Commission wants

future review of CCA activities.

♦ Letter from Gerald Blair, the attorney for the Bedugnis’ indicating that

CCA increased its activities after the Zoning Board of Appeals issued the

Cease & Desist Order.

♦ Letter from the Cape Cod Commission to Governor Romney expressing

support to the MMR lease extension.

♦ Copy of a letter from Wareham Selectmen to Senator Pacheco and State

Representative Susan Williams Gifford supporting the pending bill

requiring licensed pilots on oil barges in Buzzards Bay.

♦ Letter from Carol Hudson voicing strong concern over CCA expansion.

♦ Letter from Sally Sears-Mack, new clerk of the Barnstable County

Selectmen’s and Councillor’s Association informing board of upcoming

meeting on September 12.

Hill Road without a building permit. Asks for investigation for lack of

code enforcement there.

♦ Notice from Open Space Committee for logo signage competition.

Entries to be submitted by October 15, 2003 and deposited at the Town

Clerk’s Office or at the Jonathan Bourne Public Library.

♦ Letter from United States Department of Environmental Protection

Agency, granting the town permission to discharge stormwater.

♦ Letter from Representative Perry to Secretary Daniel Grabauskas,

supporting our position for the new fire station at the Meeting House Lane

location.

♦ Memorandum to the Board of Selectmen from Town Administrator

advising them that Assembly Delegate Joe Carrara informed him of a

groundbreaking ceremony for the Pocasset Assisted Living Facility on

Friday, October 17, 2003 at 1:00 p.m.

♦ A letter from the Department of Housing & Community Development to

Mark Tirrell announcing the Commonwealth is giving the Bourne a

$50,000.00 grant from the Ready Resource Fund for use in the planning

and permitting associated with the renovation of the former Grossman’s

Building for use by the National Marine Life Center.

♦ A note from the Board of Buzzards Bay Water Commissioners inviting the

Board to attend a Ribbon Cutting Ceremony for the elevated storage tank

off Main Street, on September 16, 2003 at 11:00 a.m.

♦ A memo from Town Counsel regarding the auction of the condominium at

Hunter’s Brook which the net to the town was $75,343.25.

♦ Memo from Finance Director, Lynne Burchill attaching the cash basis

financials for the year ending June 30, 2003 for ISWM.

♦ Letter from Town Administrator to Honorable Susan Fargo, Senate Co-

Chair and the Honorable Shirley Owens-Hicks, House Co-Chair, Joint

Committee on Local Affairs and Regional Government in support of

legislation to lease land to the National Marine Life Center (old railway

land).

♦ Chart from Robert Pritchard detailing some of the uses and types of

rentals that he has at the Pocasset Mobile Home Park.

♦ Letter from Senator Murray to Town Administrator asking the Board of

Selectmen to act favorably on the proposed rent control program for

mobile homes in the Town of Bourne.

♦ Lengthy letter from Gerald Blair, Attorney for Bedugnis’, asking that

notwithstanding the Cease & Desist Order, there remain health problems,

noise, and zoning questions and would like to see enforcement of the

regulations.

Chairman Tirrell noted that the Bourne Police Department conducted "sting" operations and found eight liquor establishments in violation for the sale and/or delivery to minors.

Chief Ford presented the cases to the board.

Sgt. Dennis Woodside gave the background on how the sting operations were conducted. Officer John Stowe, Summer Officers Edward Osgood and Chris Marino participated in the investigations. The operation was kept confidential and the only ones who new of the operation were the participating Officers and the Chief of Police. Briefing was held at Police Station on July 2 at 5:30 p.m. to go over what the officers would be responsible for. Officer Stowe responsibility was basically assisting Sgt. Woodside with surveillance, complete log sheet, and assist with evidence. Officers Osgood & Marino were both 20 years old, they were told that they were not to carry any identification, and they were not be allowed to consume any alcoholic beverages at all.

The Officers were checked for identification and none of the Officers had identification on them. They were told to dress comfortably. Officer Osgood was wearing shorts, blue shirt and sneakers. Officer Marino was wearing shorts, a white tee-shirt and black sneakers. There was no effort made to have the officers look older. They were allowed to say they were 21, they were told they could lie to the clerk, they were not allowed to produce any kind of identification or any kind of documents to the clerk. They were also given the discretion to terminate (not to pursue attempting to purchase alcohol if they felt uncomfortable) for any reason.

Officer Osgood took charge of the log. He had listed the names of the establishments, times in and out, whether a purchase was made or not, if a purchase was made what Officer made the purchase, if the Officer was asked for identification, what was purchased, how much was spent, description of the name of the server and any additional facts and a follow-up interview.

Chairman Tirrell swore in those present testifying on behalf of the Sagamore Deli and Package Store.

On July 2, 2003 at 6:59 p.m. Officers John Stowe and Sgt. Woodside parked in the parking lot of the One-Stop, observed Officer Osgood exit his vehicle and go into the package store. A short time later he exited the store, he had purchased a 12 pack of Bud Light cans which he turned over to Sgt. Woodside. Officer Osgood advised that he was not asked for any identification, he paid the clerk $10.75, he left premise with beer. Clerk was described as John Doyle. Follow-up later that evening with Mr. Doyle, very cooperative, stating that he thought the Officer was over 21 so he did not ask for identification. Beer was tagged with evidence number 4453. Beer was presented at hearing.

Mr. Doyle was given the opportunity to cross-examine Sgt. Woodside.

Officer Osgood stated he went to the One-Stop, went to the rear of the store where alcohol is located, grabbed a 12 pack of Bud Light cans, he was not asked for identification, received change and left. Officer Osgood identified clerk as Mr. Doyle.

Chief Ford stated this was the 2^nd offense for the Sagamore Deli and Package Store. The 1^st violation occurred on December 1, 2001 and they received a one-day suspension.

Mr. McDonough apologized to Board of Selectmen He was sorry to put them in this position, he said that they take this very seriously, he has teenage kids, John Doyle has teenage nieces and nephews, this is something they try to avoid, something that they hope will never happen again. They understand they made a mistake and willing to accept judgement.

Selectman Barlow asked Mr. McDonough if they have taken any steps to improve the efficiency of identifying minors. Mr. McDonough responded that they turn people away who do not look 21, or don’t look his age, ask for identification from those they don’t know and anyone under 30. Mr. McDonough stated that all the employees have taken the course with the Police Department.

Chairman closed testimony on the hearing.

Chairman asked for discussion from Selectmen.

Selectman Grady said there was no issue in this case, they admitted the officer was served, there was no need to dwell on it, and it was a clear violation.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to assess a penalty of closing for 2 days. The event was July 2, and he suggested the establishment be closed Wednesday, September 24 and Thursday, September 25. The reason he recommended the second day was that within 2 years, they had the exact same violation of serving a minor.

Selectman Grady suggested that in view of the action the Selectmen just took, if anyone else present wished to acknowledge their guilt, the Selectmen could accept that as an agreement and take appropriate action on each of those who plead guilty and avoid the hearing process.

Bourne Bridge Liquor Store was asked if they wanted to stipulate, or wanted a hearing, or just plead guilt.

Beecy’s opted to plead guilt.

Chairman Tirrell opened the hearing. All witnesses were sworn in. Attorney Morely, representing Edward Davey, Clerk, explained his absence from the hearing tonight.

Chief Ford said the Beecy’s was going to stipulate to the violation and this is their 3^rd offense. They had a hearing on 7.23.02 with 2 days suspension and an ABCC hearing on 4.28.02 and received a 3-day suspension, but paid a fine in lieu of suspension.

Selectman Grady said that before they accept admission, they should understand that they are waiving their right to appeal.

Pam Beecy and Doug Beecy both understood they had waived their right to appeal.

Chairman Tirrell noted that Beecy’s agreed the violation occurred and that the hearing would be bypassed

Selectman Barlow asked questions regarding the previous violations and fines.

Mr. Beecy made an apology to the Selectmen. He stated that they have owned the liquor store for 17 years and know how important it is to check identifications. Ed Davey was let go that night in lieu of that violation. He had been trained by the Bourne Tips Program and worked for them for 4 years. He was a good employee, unfortunately he was not paying attention to what he was doing that night and as result lost his job. Since the incident they have hired a Falmouth District Court Officer and a Barnstable Security Officer.

They had another sting in 2003 with a letter of congratulations from MADD.

Mrs. Beecy said they card almost everyone up to 55 now and apologized to the Selectmen as well.

MOTION by Selectman Grady SECONDED by Selectman Zuern that in view of the previous 2 violations, and this being the 3^rd, to suspend the applicants license for 3 days on consecutive Wednesdays, September 24, October 1 and October 8.

MOTION made and Seconded to make a finding on the violation and suspend the license of Beecy’s, Inc. for September 24, October 1 and October 8.

Selectman LaFarge made a comment indicating that this was their, 3^rd violation, with 3 days suspension. He did not want anyone to think that 5 violations is 5 days suspension.

Selectman Zuern said they could get 4, 5 or 6 days.

Selectman LaFarge further said they could have their license revocation.

Mr. and Mrs. Beecy testified that they’ve never gotten caught in a sting except for the last year. The last violation, the young man testified that he had shown them a false driver’s license and the father admitted to that. It was not that they didn’t card him, but on that particular night they didn’t. They offered no excuses.

The witnesses sworn in.

Chief Ford stated that the services were made, and they were going to stipulate to officers report on record #859OF, and waive right to appeal.

This was their first offense.

MOTION by Selectman Grady, SECONDED by Selectmen Zuern to suspend the license for one day, September 24.

The witnesses were sworn in.

Chief Ford read the past history. They had 2 violations and findings for the sale and/or delivery of alcoholic beverages and indicated that this was their 3^rd offense.

Chief Ford stated that there was no stipulation, they were presented by Attorney Augustus F. Wagner, Jr.

Attorney Wagner said there was a stipulation, that the sale took place, it was the circumstances that related to that sale that they should hear about.

Sgt. Woodside presented his report. Officer Marino and Officer Osgood drove into Gray Gables Market. Officer Osgood exited the vehicle alone and entered the market. 1-3 minutes later Officer Osgood exited the business carrying a 12 pack of Bud Light and proceeded to the VFW and turned over the 12 pack and tagged with number 4452.

Officer Osgood went in and picked up beer at the back cooler, went to counter, the female clerk asked for identification. He said he did not have any identification, he had conversation with her saying he lived down the street and had been at the beach all day. Mark Jackson (an employee of the establishment) approached register. He had conversation with the female clerk and told her that he knew him, "he’s 21, he’s okay." The female Clerk then said to Officer Osgood, as he related, that she was going to sell it to him anyway. The Clerk then collected $10.59 and Officer Osgood left establishment.

The follow-up investigation was done the next day. Sgt. Woodside spoke to manager, Andrea Pagliari. She was reluctant to identify herself, and not very cooperative. She was upset that her store was checked. She identified the clerk as Lindsay Bonner, who was not working at the time of the follow-up.

Mr. Jackson was present during the follow-up and Sgt. Woodside had conversation with him. Mr. Jackson stated he new Officer Osgood from school, and that is why he told the clerk he (Officer Osgood) was okay. The manager did say that she felt "the police were being sleazy in conducting this check" (her exact words). In speaking with the clerk she did remember the incident, but she only allowed the sale after Mark Jackson told her that Officer Osgood was 21 years of age. She also heard that Officer Osgood was a police officer and that is another reason she allowed the sale.
Sgt. Woodside asked her when she knew Officer Osgood was a Police Officer and she was unable to tell him whether she knew that before or after she made the sale. Officer Osgood testified that at no time while he was in the store was any mention of him being a police officer.

Chief Ford asked Sgt. Woodside how they kept track of time in the store. Sgt. Woodside referred to the Log Sheet with all pertinent information on the case.

Officer Osgood testified to the evening’s event.

Attorney Wagner asked Officer Osgood questions relative to that night asked if he was just short of 21 at the time of the sale, if he had gone to school with Mark Jackson and had he known him socially. Officer Osgood responded that he was 20 at the time, that he graduated in 2000 and that he knew him (Mark Jackson) from hockey.

Selectman Barlow asked Officer Osgood if he was told not to go forward if he was identified as he entered the store. Mr. Osgood responded "no".

Geoffrey McCarthy spoke as the Manager of record.

Mr. McCarthy said that after the last violation in 2000, they had a change in manager. Now everyone gets checked coming through the door.

Mr. McCarthy was asked whether the Clerk asked for identification and was told that he did not have any with him. Mr. McCarthy said Mr. Jackson spoke up after the officer called him to the front, then she allowed the sale.

Mr. Jackson is no longer employed at the business. Two store managers have been to training and pass the information over to other employees.

Lindsay Bonner was questioned by Attorney Wagner on her background and education. Attorney Wagner asked if she received instructions during her course of employment on carding individuals purchasing alcoholic beverages.

Ms. Bonner responded that she cards everyone. Further discussion transpired between Attorney Wagner and Ms. Bonner on the night in question.

Ms. Bonner further testified that she had asked Officer Osgood twice for identification and told him that she could not sell him alcohol without identification. Officer Osgood called Mark and told her that he knew him and that he was over 21. She sold it to him based on Mark’s judgement.

She said she found out he was a police officer after the incident and she was sorry for what happened.

Chief Ford questioned Ms. Bonner on the sale.

Further discussion followed regarding the events that night.

Chairman Grady asked Ms. Bonner her age and asked if anyone else was in the store. Ms. Bonner said she was 18 and in charge of the store and Joe was in charge of the Deli. The rest of the store was her responsibility at 18 years old.

Discussion followed regarding an article and letter that appeared in the newspaper regarding the incident.

The testimony part of the hearing was closed.

Selectman Barlow questioned the process of "sting" operations.

MOTION made by Selectman LaFarge that they find there was a violation. SECONDED by Mr. Grady.

MOTION made by Selectman LaFarge, SECONDED by Selectman

Grady, to impose a 3-day suspension on serial Wednesdays, September 24, October 1 and October 8, 2003.

Selectman Barlow felt there was mitigating circumstances. There was a sale and violation, but an undercover officer being recognized complicates the situation. Had he not been recognized, he would not have been induced to sell. Ms. Bonner stated 3 times that she would not sell to him because he had no identification, this shades the situation and does not make it anonymous. With the mitigating circumstances he suggested 2 days suspension, not 3.

Selectman Grady felt the mitigating circumstances made it more serious.

A business was allowing an 18-year-old young lady to be in charge of liquor sales and the 18-year-olds judgement was so poor that she relied on statements of a 17-year-old who has nothing to do with the sale of liquor. Further, that the police report stated that she said "I was going to sell it to you anyway." It seemed to him that if he was running an establishment selling alcoholic beverages, he would like to have more mature people at the counter looking at the people coming in. If there was a gentleman in the back of the deli in his late 20’s, it was incumbent on the 18-year-old clerk to ask him what she should do under those circumstances. Cardinal Rule should be if in doubt, don’t sell. There was a question where she clearly had some doubts and she should have said no and she said yes and that was the violation.

Selectman Barlow shared Mr. Grady’s concern with an 18 year old being in charge of selling liquor; however, the policy was the strongest policy they heard tonight concerning carding everyone when they go in to purchase alcohol.

Selectman Zuern shared Mr. Grady’s concern. She thought Ms. Bonner was too young and that she should have attended the program if given that responsibility. She was only debating between 2 or 3 days because of the change in management, but it was still under the same ownership.

The witnesses were sworn in.

A & P was represented by Attorney Mark Swabalis.

Attorney Swabalis stated they would not deny sale or contest the charge. He did make a statement for the board’s consideration.

Chief Ford stated that this was the 2^nd offense and went over details of the violation.

Attorney stipulated to the facts of the Bourne Police Department report.

Mr. Swabalis stated that the A & P is extremely concerned with the charge, not only because it would be a violation of their own written policy in the sale of alcohol, but because on a national level they pride themselves in being a leader in the field in battling under age drinking. They take extensive steps in trying to avoid what happened that night. Mr. Rasch did not recall it happening. He doesn’t deny it happened, he attributes it to an uncharacteristic oversight and was apologetic. All A & P employees are trained and required to sign written acknowledgment that they received training, understand and will comply with A & P policy. Mr. Rasch acknowledged, in writing, the A & P policy and fully understood the it. Mr. Rasch was terminated after almost 10 years of employment. A mistake was made and there was a lack of diligence on A & P.

MOTION by Selectman LaFarge, SECONDED by Selectman Grady

Make a finding there was a violation of the sale of alcohol to a minor.

MOTION by Selectman LaFarge, SECONDED by Selectman Grady

To impose a suspension a 2 day suspension Wednesday and Thursday, September 24 & 25.

Witnesses sworn in.

Attorney Rob Mills represented the establishment.

Attorney Mills stipulates to the 4 corners of incident report. The bartender, Kerry Cargill did make service to the underage officers. Attorney Mills presented Mr. Cargill’s experience in the liquor industry and of his annual training at the ABCC. He testified to the fact that he has never been cited for violating ABCC Liquor laws. He asked for consideration since this was their first violation. Since the incident Erik Bevans has put a "No Tolerance Policy" in effect. There policy given to the Selectmen.

MOTION by Selectman Barlow, SECONDED by Selectman Grady

For a finding and further to assess a one-day suspension on September 25.

The witnesses were sworn in.

Jarvis, Inc. was represented by Attorney Seguadelli.

Attorney Seguadelli stipulated the violation and will not file an appeal. Mr. Seguadelli spoke on the reputation of the Chart Room and of the one officer who ordered 2 beers.

MOTION by Selectman LaFarge, SECONDED by Selectman Grady to find a violation of the liquor law for service to a minor and impose a one-day suspension on September 25.

The witnesses were sworn in.

Mark Robinson acknowledged that minors were served, but that there was a gray area. He admitted it happened, and since the violation the employees have been TIPS trained.

Mr. Robinson did stipulate to the report #864OF.

Chairman Tirrell asked Chief Ford to read the report into the record and then heard a statement from Mr. Robinson.

Mr. Robinson issued a basic statement they were aware that minors were served. He referred to Selectman Barlow’s earlier discussion where the officer is known by patrons in an establishment. Mr. Robinson said that every scenario talked about, happened in his establishment that night.

Customers new the officers, certain officers didn’t pay for the booze, the person behind the bar graduated from school and was friends with the Officers and she was 21 years old. They knew minors were served, it happened and can’t be changed.

Mr. Robinson’s partner, Mr. David Ariagno, said the incident occurred, the second night they opened. Since that time all staff has gone through TIPS training, security is at the front door with 2 people, the front door is locked at 10:00 o’clock, there is a person stationed on deck, the place is secure and everyone is carded. He said they’ve made proper measures, but that is was unfortunate that the town came on their 2^nd night open. The server was terminated on the spot.

MOTION made by Selectman Barlow, SECONDED by Selectman Zuern, make a finding that a violation occurred on that date.

MOTION made by Selectman Barlow, SECONDED by Selectman Zuern,

To assess a one day suspension on September 24.

Chairman Tirrell commended the Officers on their job.

Rosalie Cole, President of the Pocasset Mobile Home Tenants Association, thanked the Board of Selectmen for placing them on the agenda. They came before the Selectmen for their approval of their petition for rent control as it pertains only to manufactured homes and mobile home parks within the Town of Bourne.

The Pocasset Mobile Home Tenants Association has been in existence for

for 6 years. The organization was set up to address the needs and concerns in the park, acting as liaison between residents and park management. The most important reason for the association is to protect their interest if the park should ever be up for sale and as an Association, they could exercise their right of first refusal with an offer to buy the park.

Over the years the Association has contacted park management with some success….new street signs, decreasing drug trafficking and filling potholes. When other concerns were not met, they pursed help from the Board of Health, Police & Fire Officials and the Pocasset Post Master. On-going issues over the years have been the lack of paved roads, street lighting and fire hydrants. Last spring park management held a meeting with residents of the park, members of the Bourne Board of Health and the Department Environmental Protection. At that meeting they were informed of the plans for park expansion. A new sewerage treatment plant needed to be installed with specific guidelines. Park residents asked questions and received answers. Management stated at the time that the roads would be paved. A few months later, the residents received a note from park management that both terminated their tenancy and stated that they could maintain their tenancy if they paid a $75.00 per month increase. Their monthly rate was $225.00 with the increase it would bring it to $300.00 per month. The dual notice disturbed and upset many residents. It threatened their homestead. If their tenancy was terminated, they had no where to move their homes, there was no other mobile park in Bourne and it would be very costly to move a mobile home. Their options were limited.

The notice stated that they could maintain their residency upon payment of the new rent fee. The park consists of elderly, disabled and other residents living on fixed incomes. The Association and residents want more of an assurance that an increase would have benefits to the whole park. Benefits that would at least meet basic guidelines such as paved roads, street lighting and fire hydrants. The Association wrote park management asking for a meeting to discuss the increase and produce changes that would benefit the entire park for which they never received a response. The Association needs to protect their rights and not be subject random rent increases in termination of tenancy or eviction. They found rent control would be objective and a fair profit between management and the residents. It would not only protect their rights, but management’s as well. A rent control board in town would allow all issues to put on the table and find ways to promote equitable solutions. They are very happy to have the support of State Representative Matt Patrick and Senator Therese Murray. Rent Control only applies to residents of Mobile Home Parks. They believe that it is a fair profit that needs regulation under the Town of Bourne Bylaws and ask for the Selectmen’s support on behalf of the specialized population.

Attorney Thomas O’Leary, Peabody, Massachusetts, is on the Peabody rent control board and President of the Mobile Home Federation of Massachusetts, which represents the vast majority of mobile home parks in Massachusetts. He has held meetings with the Association and is a staunch advocate for rent control. Attorney O’Leary went on to state that Massachusetts has some of the highest rental rates in the country. Attorney O’Leary gave background on rent control boards and reasons why they are in existence.

Representative Patrick supports the effort of the Tenants Association, citing lack of affordable housing and the crisis on Cape Cod. Representative Patrick went on to say that mobile homes are some of the most affordable housing in Massachusetts and with pending legislation, mobile homes could be counted as part of the 10% requirement of 40B projects. Representative Patrick has been through the Pocasset Trailer Park and has seen the problems and as a Representative for that area, will work very hard along with Senator Murray to get the legislation through.

Monica Mullin, Senator Murray’s aide, stated that the residents need stability, they don’t need to face the possibility of rent increases and accompanied by an eviction notice the following month. The conditions of the park need improving. The residents have attempted many times to go to the property manager for improvements; however, more often than not, they had to go elsewhere seeking help. Senator Murray is in favor of the installation of rent control.

Letter was put into the record from Senator Murray.

Attorney David Adams, representing the Pocasset Mobile Home Tenants Association. Mr. Adams has a public interest law firm in Boston. He went over his background, which is in housing laws and currently advises 12-13 resident associations across the Commonwealth and general counsel to a large rent board in Brookline. Has been involved with rent control, housing and mobile home issues since 1980.

His main reason for attending would be to answer any technical questions on the operation of a rent board.

Chairman Tirrell spoke on the draft legislation, materials presented by Attorney Adams’ Office, copies of petitions to place the article before town meeting in October, samples of other towns’ bylaws that established rent control, a guideline from the Attorney General’s Office on manufactured housing, a chart from the property owner who has also asked to be heard.

Selectman Zuern wanted clarification that rent can be increased anytime and as many times as the manager/owner wants to throughout the year.

Ms. Cole stated that they only need to be given a 30-day notice.

Selectman Barlow spoke with some of the residents and is in favor of rent control for the park. Selectman Barlow questioned whether or not the Worcester Surfcasting Club was considered a trailer park.

Attorney O’Leary was not aware of that property.

Town Administrator, William Griffin, asked Attorney O’Leary when the rent control board comes into effect, what happens with the existing rent? Does the rent control board get involved in any way of recalcuatling or reestablishing, or is it only reactive to proposed rent increases?

Attorney O’Leary explained that the town would first implement it through a local bylaw, a rent board would be appointed by the Board of Selectmen by whatever process is set forth in the bylaw. He said that typically the rents stay where they are presently. In some situations there have been "rollbacks". Those "rollbacks" have occurred when park management learns of proposed legislation and actually increases the tenant’s rent as soon as legislation is proposed. Once the legislation is passed, there is a "rollback" provision that is put into the bylaw that essentially rolls it back.

Attorney O’Leary further went on to explain the "rollback" and "fair net operating income".

Park Manager, Robert Pritchard requested to address the matter at the next meeting so that he would have time to review the material presented.

Gloria Steele, a resident for 27 years spoke on paying rent for the dirt her mobile home sits on and an experience she had last week with her property. She feels she is treated unfairly. The reason for taking some of her land was to replace an old 1940’s trailer with a new trailer that needed additional space.

Chairman Tirrell asked what establishes where the lot is?

Ms. Steele replied nothing. No plan defining lines.

Chairman Tirrell, what establishes geography of park?

Attorney Adams said that the park he is in has a 100% plot plan of every lot. A "total" plot plan is required under zoning regulations when a new park is created and must be filed with either clerk or board of health.

Emily Elliot Johnson, a 15-year resident of the town and 10 years at the park said that there have been no improvements since she moved in. She begged the town to step in and when they didn’t she went to State Fire Marshall to have the electrical upgraded. They’ve had septic problems for the last 15 years, and now with the planned expansion, the septic issue is being addressed. They have no fire hydrants, no cable, and no paved roads.

Steven Johnson said he is decreasing the lot sizes so new trailers can be put in. It’s a 100% profit to Robert Pritchard for sales.

Selectman Zuern asked for plans from the Engineering Department to be included in the Selectmen’s packet for the next weeks meeting.

Town Administrator Griffin, didn’t think there were such plans.

Chairman Tirrell said the matter will be brought up again at the September 16, Selectmen’s Meeting and that an article will appear in the October Special Town Meeting.

Town Administrator Griffin advised that the Finance Committee will hear them (Pocasset Mobile Home Tenants Association) at their meeting on September 15.

The Selectmen’s Packages included a copy of a letter the Town Administrator sent out in late July and a follow-up report that came as part of the supplemental package.

Attorney John Fitch was present in a reporting capacity as a follow-up to the July 15 meeting to ensure that certain progress continued as Knowlton’s Garage.

Mr. Fitch was pleased to report that progress continues. He presented copies of the September 4 report from the consulting engineers which contains a site map, slightly revised and a quarterly report dated August 28. Each reflects different aspects of the project, but confirms that progress continues.

Attorney Fitch outlined the progress to date.

Chairman Tirrell, read a follow-up report done by Fire Lt. Greene.

Attorney Fitch wanted to issue a written report within 90 days, or the 1^st board meeting in December.

APPOINTMENTS:

Bourne’s Representative to the Cape Cod Commission to replace Robert Deane.

Chairman Tirrell stated that both applicants were notified and were asked to make an oral statement if the wished.

Two candidates and two resumes: Richard Conron and Attorney John Arthur Johnson

Selectman LaFarge received a call from Attorney Johnson the he was attending a wedding in California and would not be present this evening.

Richard Conron sees the responsibility of this appointment as generally assuring that the Cape Cod Commission is fulfilling the mission for which it was charged by the 1990 Act. As Bourne’s representative, he would serve on one or more of the committees or subcommittees. Mr. Conron has over 3 years experience serving on 3 town committees and 1 town regulatory board. Mr. Conron explained his roles on each board.

Chairman Tirrell thanked both candidates for applying.

Selectman Tirrell - John Arthur Johnson

Selectman Zuern – Richard Conron

Selecman LaFarge – Johnson

Selectman Grady – Richard Conron

Selectman Barlow – John Arthur Johnson

Selectman Grady moved reconsideration solely for the purpose of making it a unanimous vote.

It was moved and seconded to reconsider. Selectmen Tirrell, LaFarge, Grady & Barlow voted yes, Selectman Zuern voted no.

Selectman Grady made a motion to redo the vote for making it almost unanimous.

Reconsider Vote

Selectman Tirrell – Johnson

Selectman Zuern – abstain

Selectman LaFarge – Johnson

Selectman Grady – Johnson

Selectman Barlow – Johnson

John Arthur Johnson achieved a UNANIMOUS vote as Bourne’s new delegate.

Selectman Tirrell made a MOTION and SECONDED by Selectman Barlow to appoint Selectman Zuern as the Representative to the Local Pollution Task Force. VOTE: 5-0

Selectman Grady made a MOTION and SECONDED by Selectman LaFarge to appoint Peter A. Lloyd of Sagamore Beach to the Local Law Enforcement Block Grant Committee.

Selectman Grady made a MOTION and SECONDED by Selectman Barlow to appoint Veronica Town and William Wright to the Historic Commission.

Selectman Grady made a MOTION and SECONDED by Selectman Barlow to re-appoint Wendy Chapman and Pat O’Connor for Assistant Registrars of Voters.

Selectman Barlow made a MOTION and SECONDED by Selectman Zuern to re-appoint Brent Goins as the Member and James Boyle as the Alternate to the Upper Cape Cod Regional Transfer Station

Selectman Grady made a MOTION and SECONDED by Selectman Zuern to re-appoint Donald E. Ellis to the Route 6A Advisory Committee.

Selectman Zuern made a MOTION and SECONDED by Selectman Barlow to re-appoint John O’Neil to the Barnstable County Coastal Resources Committee

Selectman LaFarge made a MOTION and SECONDED by Selectman Barlow to re-appoint Al Hill to the Barnstable County HOME Consortium.

Selectman Grady made a MOTION and SECONDED by Selectman Barlow to appoint Christopher Farrell as the Planning Board Representative and Marilyn Morris as the Finance Committee Representative to the Bylaw Committee.

Selectman LaFarge made a MOTION and SECONDED by Selectman Zuern to appoint James Mulvey and Daniel Warnacke to the Shellfish Hardship Committee.

Selectman Zuern made a MOTION and SECONDED by Selectman LaFarge to re-appoint John O’Neil, John Clark, Vincent Corsano and John Priestly to the Designer Selection Committee.

Selectman LaFarge made a MOTION and SECONDED by Selectman Barlow to re-appoint John O’Neil as Alternate and William Curt Duane as Member to the Barnstable County Dredge Advisory Committee.

Selectman Barlow made a MOTION and SECONDED by Selectman Zuern to appoint Charlotte Stiefel to Recycling Committee.

Selectman LaFarge made a MOTION and SECONDED by Selectman Barlow to appoint Susan Cushing to the Bourne Cultural Council.

MOTION made Selectman LaFarge and SECONDED by Selectman Barlow to approve a Common Victualer License for the Café Alba.

MOTION made and SECONDED by Selectman Zuern to approve a Common Victualer License for American Lobster Mart.

Selectman Grady raised a "Point of Order." He said the application falls under the jurisdiction of the Recreation Authority. Selectman Grady wanted to know if this concession was put out to bid and were the procurement procedures followed. Mr. Grady further wanted to know if the Recreation Authority was for or against it. Mr. Grady wanted it tabled for a week until appropriate answers were received.

MOTION made Selectman Grady, SECONDED by Selectman Barlow and UNANIMOUSLY VOTED to table for one week.

Selectman Grady attended meeting with the Lt. Governor, the Town Administrator and Superintendent of Schools last Friday afternoon with approximately 24 representatives from all the Cape towns. The Lt. Governor went around the table, heard the concerns of each town and found the meeting very productive. She gave her aide’s telephone number. Selectman Grady hand delivered the Board’s letter of July 3 to her concerning the lease to cover provisions for student’s payments. She said, they couldn’t do it, it did not belong in the lease. However, Senator Murray indicated that in her review of the Chapter 70 forms, she found the Town of Bourne was the only town in the Commonwealth of Massachusetts that educates students of employees of the federal government, she believes there should be a separate line item just for the town of Bourne for reimbursement. The process is a year away and the Town Administrator will elaborate next week.

Selectman Zuern, nothing to report.

Selectman Tirrell, nothing to report.

Selectman LaFarge, asked that the Executive Order on the Transportation Advisory Committee be reformatted for clarity. MOTION by Selectman LaFarge to redesign Executive Order, SECONDED by Selectman Grady.

Chairman Tirrell stated there is a policy of not acting on matters the same evening and he would like a chance to read it wait until next week. MOTION and SECOND withdrawn.

Selectman Barlow reported that he is still getting concerns regarding Main Street. The Cape Cod Gas Station has the lowest gas prices in town and the traffic is extending out in the street, causing both traffic and business problems.

Town Administrator Griffin addressed the specifics on the gas station.

Chief Ford has been working with the owner trying to get some cooperation by hiring an additional person to pump gas to keep the cars moving. The paving project was to begin on Wednesday morning and the paving and striping should within the next week.

TOWN ADMISTRATOR’S REPORT

Mr. Griffin appointed Eve Marie Aseltine to the position of Council on Aging Bus Driver. The Council on Aging has been without a bus driver and depends on volunteers for that function. He asked to waive the 15-day period and approve the appointment.

MOTION to waive MOVED and SECONDED and UNANIMOSLY VOTED.

The Town Administrator thanked the Selectmen for the waiver.

Mr. Griffin appointed Elizabeth Bohacs to the part time position of secretary to the Open Space Committee.

Mr. George Sala was appointed to the position of Assistant Superintendent of Public Works. It was a posted, union position. Mr. Sala was a very qualified candidate and also the only candidate.

Mr. Griffin attached a Draft Warrant for the Special Town Meeting on October 20 to his report. He will ask the Chairman to schedule time next week to go over warrant. He is having a calendar conflict with Finance Committee trying to get going. He will be prefacing each article with the understanding that the board may not have taken a position.

Chairman Tirrell went over upcoming Agenda’s.

None.

MOTION made by Selectman Barlow, SECONDED by Selectman LaFarge, adjourn at 11:08 p.m.