Mark A. Tirrell, Chairman

Linda M. Zuern

Richard E. LaFarge

James T. Grady

W. Thomas Barlow

Selectman Zuern chaired the meeting, as Selectman Tirrell will be arriving later.

MOTION by Selectman Lafarge and SECONDED by Selectman Grady to approve minutes of September 30, 2003.

Selectman LaFarge went over the correspondence that was received.

Sharon Travers-Gay submitted a letter of resignation from the Board of Appeals after 13 years of service due to her extremely hectic schedule.

Copy of letter sent by Joseph Carrara, Jr., Assembly of Delegates Representative, to Senator Murray regarding reimbursement for educating military students.

Letter received from Planning Board regarding a 20 second delay for the traffic lights at Nightingale Pond Road and the Scenic Highway.

After discussion the Board requested that the letter be forwarded to the School Committee and the Superintendent of Schools as this would be the entrance for the new school.

Letters of resignation were received from Michele Ford. She is resigning from the Visitors Services Board and the Economic Development Task Force due to her appointment to the Finance Committee.

The Massachusetts State Lottery Commission sent a letter regarding the Parrot Bar and Grille’s request to apply for a keno license. Concern was expressed on the time allowed for the Board to act given the upcoming Special Town Meeting.

MOTION by Selectman Grady SECONDED Selectman LaFarge we authorize the Town Administrator to schedule a hearing as soon as possible and if necessary to get an extension of time from the Lottery Commission for this purpose.

Police Chief Ford submitted Commendations that were awarded to Patrol Officer Kevin McMahon and Summer Patrol Officer Christopher Marino.

An invitation was received from the Council on Aging to a luncheon honoring Joyce Lindberg. She was one of the founders and is retiring after 11 years as coordinator of the Bourne Food Pantry. They asked the Board if they would like to present Ms. Lindberg a citation.

MOTION by Selectman Grady SECONDED by Selectman Barlow the Board of Selectmen prepare an appropriate citation to honor Ms. Joyce Lindberg for her years of service to the town and in particularly to the Council on Aging and the Food Pantry.

MOTION by Selectman Barlow and SECONDED by Selectman Grady to send letters of thanks to Sharon Travers-Gay for her years of service to the Board of Appeals, Joseph J. Carrara Jr. for his letter regarding the reimbursement of the military children, Michele Ford for her service to the Visitor Services Board and the Pollution Task Force, and letters of commendation to Officers Kevin McMahon and Christopher Marino for their outstanding service to the citizens of the Town.

Peter Fisher of the Visitors Service Board presented the Board of Selectmen their recommendations for grants:

Buzzards Bay Village Association $ 2,500

(Greenbelt Pathway)

Cape Cod Canal Region Chamber of Commerce 11,400

(Advertising)

Cataumet Schoolhouse Preservation Group 2,500

(Septic System)

Cataumet Playground Committee 3,000

(Playground Equipment)

Bourne Society for Historic Preservation 600

(Trolley Tours)

Total $20,000

Requests were also received from St. Peter’s Church, the Bourne Youth Hockey, Bourne Council on Aging and the Bourne Cultural Council and asked that the Board of Selectmen not grant these requests, as they did not meet the guidelines.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Barlow to accept, confirm and adopt the recommendations of the Bourne Visitors Service Board for this fiscal year.

Karen Rae, Right of Way Agent of NSTAR, stated that one manhole and conduit and cable location for Nightingale Pond Road is needed to accommodate future additions to the Pilgrim Pines Development.

MOTION by Selectman Grady and SECONDED by Selectman Barlow to approve of the request of the underground cable and conduit for the Nightingale Pond location as requested by Nstar Electric.

Selectman Zuern requested item 8 (Future ISWM Operations Report Presentation – Bruce Haskell, PE. Camp Dresser & McKee) on the agenda be held until Selectman Tirrell arrives and go to item 9 (Special Town Meeting Review Articles 2 & 3)

MOTION by Selectman Grady and SECONDED by Selectman LaFarge to take item 9 out of order at this point and advance it front of item 8.

The Town Administrator went over each Article. Article 2 is requesting funding for collective bargaining and other compensation adjustments for Fiscal 04. The total required for the general fund employees is $140,000.00. Article 3 is the cost for ISWM employees. The total is $36,260.00.

MOTION by Selectman Grady and SECONDED LaFarge the Board of Selectmen support the request under Article 2 of $140,000.00 for salary adjustments for the General fund employees.

MOTION by Selectman Grady and SECONDED by Selectman Barlow to support the request of $36,260.00 for salary adjustments for ISWM employees for FY 2003.

Discussion was held.

Chairman Tirrell arrived.

Town Administrator went over the vote of the Board of Selectmen last December. The creation of the ISWM Working Group, the authorization of ISWM to apply to Department of Environmental Protection (DEP) for permits to accept ash and municipal solid waste (MSW) and the authorization from the Board to contract with the firm of Camp Dresser & McKee (CDM) to evaluate operational alternatives for ISWM.

The ISWM Working Group along with Bruce Haskell of CDM has spent a great deal of time going over goals and objectives for the landfill and ISWM.

Bruce Haskell was asked to go over the report he submitted.

Project Goals of the ISWM Working Group were to respond to the changes by the (DEP) regulations that effect the market for the landfill and the ability for ISWM to generate revenues to the landfill.

1. Environmentally Responsible
2. Consistent Revenue Stream
3. Respond to changes in the market
4. Town Control
5. DEP permit

There are 4 Basic Waste Streams:

1. Process C&D (construction & demolition)
2. Ash from a waste energy such as SEMASS
3. Bulky waste such as upholstered furniture
4. Municipal Solid Waste (MSW) such as household trash.

He commented on each Waste Stream.

The DEP is currently in the process of enforcing a regulation requiring all C&D be processed. This is already in place in Bourne. In the future there will be a lot of competition from unlined landfills as they will be able to take in materials at a lower rate below what we can operate our state of the art landfill.

Ash is very easy to handle it is a soil like material that is a damp and very dense material. It takes up less space in the landfill. SEMASS is the local customer. There would be a constant material waste to the town without any competitors.

Bulky waste is not accepted by most facilities. It is a good add on market for the landfill.

For MSW, most communities and private business have contracts with SEMASS.

Mr. Haskell went over the proposal that SEMASS has presented to the town.

SEMASS will provide the town with 140,000 tons of ash at $27.50/ton; 50,000 tons of other waste at $45.00/ton; both would be adjusted by CPI. Both of these amounts would be put or pay (they would pay the town of Bourne if they delivered them or not). There is an option for an additional 50,000 tons at $55.00/ton, a discount on lechate, and Bourne could send their waste to SEMASS for $58.00/ton starting January, 2007 which is approximately $30.00/ton less than what Bourne pays now.

The two items that are put or pay will cover all of the expenses and administration fees along with a profit.

The proposal is environmentally safe, has a consistent base revenue, not impacted by market change, allows to retain town control, and responds to DEP requirements where the town is in a position where they have a revenue stream outside of the C&D processing.

Discussion was held on no change to the height of the mounds, description of ash now being received, no gas released from ash, traffic now and the significant reduction when the new system goes into effect and protection if SEMASS changes ownership.

Town Administrator felt that this was a good plan. He spoke on the meeting that was held at DEP where the deadline was discussed. DEP expressed the willingness to extend the December 31, 2003 date to accept non-processed C&D. Such an extension would be from 4-6 months provided that there was a transition plan. That is what we are discussing tonight.

Chairman Tirrell introduced Elizabeth Beardsley of CDM who has been working along with Bruce Haskell.

Steven MacNally, Chairman of the Board of Health, stated they will be looking at this issue at their October 15, 2003 meeting.

Discussion was held on wet ash being buried and most liners able to hold the weight, restriction from DEP to take materials if SEMASS should breakdown, SEMASS unable to use trains as there is no ability to unload, Bourne’s agreements with other towns, a time line, and results if the extension is not made by DEP.

Town Administrator wanted to get this out to the public and welcome their concerns. He will also be asking for a special counsel to deal with this matter.

Brent Goins, General Manager of the landfill, stated that the proposed process must be approved by the Board of Selectmen, Board of Health, Cape Cod Commission and DEP.

Discussion was held.

Selectmen Barlow, Grady and LaFarge had no reports.

Selectman Zuern commented on attending a tour of Cape Cod Collaborative and the National Honor Society ceremony.

Chairman Tirrell commented on the National Honor Society ceremony, Buzzards Bay Village Association meeting and the Mass Municipal photo contest.

The ISWM Working Group consensus was that the Town employ a special counsel to assist in any negotiations with SEMASS, other potential waste stream providers, DEP and other government agencies. With the assistance of Bruce Haskell of CDM and based on his own experience he recommended that Attorney Michael Leon of Nutter, McClennon & Fish be appointed as Special Counsel for these purposes. He also recommended that the Board of Selectman consent to allowing Nutter, McClennon & Fish attorney to represent a party before the Conservation Commission.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern approve the hiring of a special counsel and further to consent to allowing another attorney from the same firm to represent a party before the Conservation Commission.

Attorney Augustus Wagner is representing a party by the name of Kalick before the Conservation Commission on a dock issue and continues to represent Smitty’s in an appeal.

Discussion was held.

AMENDED by Selectman Grady and SECONDED by Selectman Barlow to include the name of Augustus Wagner representing Smitty’s matter as well.

Director of Natural Resources, George Weinert, recommended that once the Town assumes the operation of Bourne Marina that it be changed to Taylor’s Point Marina.

The Town Administrator will check to see how it was acquired by the Town and to see if the Board can change or it has to go before Town Meeting.

Town Counsel has forwarded deed for transferring 73 Adams Street to the Bourne Housing Authority. This transfer was authorized by Town Meeting and is for the purpose of affordable housing.

MOTION by Selectman LaFarge and SECONDED by Selectman Zuern to approve the signing of deed for 73 Adams Street.

Hamilton Whiting of Sagamore commented on the Jerry Cahir Memorial sign on Rte 25. The Town Administrator stated the Veteran’s Agent has changed and he will speak to him.

Paul Gately of the Upper Cape Codder Newspaper commented on the ash received from SEMASS at the landfill.

Charlie Miller of Monument Beach commented on the Taylor’s Point Marina/Bourne Marina.

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

Meeting adjourned at 9:00 p.m.