Town Administrator

William R. Griffin

Mark A. Tirrell, Chairman

Linda M. Zuern

Richard E. LaFarge

James T. Grady

W. Thomas Barlow

MOTION by Selectman Zuern and SECONDED by Selectman Barlow to approve minutes of October 14, 2003 as presented.

Rosalie Cole of Pocasset spoke on rent control issue when it was presented to the Finance Committee and Town Meeting.

Selectman LaFarge went over the correspondence that was received.

Chairman Tirrell brought the Board of Sewer Commissioners to order.

Town Administrator went over the 2004 Sewer Rates. The Sewer User Fee would be $320.00 per unit plus an overage rate of $.006 per gallon of water used over the 60,000 gallon annual maximum. These rates are remaining the same as the last two years. He recommended that the Board of Assessors accept these rates

Discussion was held.

MOTION by Selectman Zuern and SECONDED by Selectman Barlow to set the Sewer User Fees for Fiscal 2004 at $320.00 per unit plus $.006 per gallon of water used over 60,000 gallons annual minimum.

The Board of Selectmen resumed their meeting.

The Mass State Lottery Commission requires the Board of Selectmen hold an open hearing to discuss any Keno application and if there are any objections to issuing this license.

Mark Robinson and David Ariagno, owners of the Parrot Bar & Grille, stated their reasons for having Keno at their establishment. There would be no "Keno" sign installed outside on the property and the hours be the same as the entertainment license.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Barlow not to submit by any written objections to the application of the Parrot Bar & Grille for a Keno License subject to the mutual understanding that there be no Keno sign display outside and that the operation Keno be coterminous with their entertainment license.

Discussion was held.

Barnstable County Sheriff James Cummings went over the programs/services that are offered to the Towns and the ones that the Town of Bourne has used. The new jail should be finished in January 2004 and the inmates in by March or April. There will be an open house for Town of Bourne residents in the spring. Signs for the new jail will be on MacArthur Blvd and the Otis Rotary stating "Sheriff’s Office BCCF" (Barnstable County Corrections Facility).

The Sheriff’s office will keep the Public Safety Radio System and 911 Center, Technical Division, the Bureau of Criminal Investigation, Pre-Release Center, Community Corrections Center, County Farm, Sheriff’s Youth Ranch, and the Civil Process Center at their present locations.

Discussion was held.

The annual Scraggy Neck Agreement was received from Elspeth E. Taylor, President of the Scraggy Neck Recreation Association.

Selectman LaFarge reclused himself due to Ms. Taylor being his client on an unrelated matter.

The Town Administrator went over the annual agreement.

Discussion was held.

There are private ways on Scraggy Neck. Due to Private Way - Snow Plowing later on the agenda it was suggested that this tabled.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Barlow to table (Scraggy Neck Agreement).

UNANIMOUS VOTE (4-0)

Selectman LaFarge returned to meeting.

Selectman Barlow reclused himself due to his holding a Commercial Shellfish License.

George Weinert, Director of the Department of Natural Resources, went over the meetings that were held with the Shellfish Advisory Committee on the rules and regulations. This year there are changes for the Recreational Shellfish License. The date has moved back to January 1^st from April 1^st and rate increased from $25.00 to $35.00.

Chairman of the Shellfish Advisory Committee, Frank Kochnowiz, went over the meetings that were held on the Shellfish Regulations and complimented Department of Natural Resources Officers Daniel Warncke and Michael Gratis for their input. The committee supports the Shellfish Rules and Regulations.

Selectman Zuern complimented the Shellfish Advisory Committee for their work on Shellfish Rules and Regulations.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to approve the draft with the changes as suggested by Mr. Weinert and also recommended by the Shellfish Advisory Committee.

Discussion was held.

Selectman Barlow returned to meeting.

Chairman Tirrell went over the findings of the small working group composed of Rickie Tellier, Superintendent of the DPW, Selectmen Tirrell and Zuern along with the Town Administrator.

Factual Signs: Private Way, Dead End, Private Colony, Not a Public Way, No exits and residents & Guests.

Prohibitive Signs: No Trespassing, No Trespassing – Police Take Notice, Do Not Enter, Members Only, Residents Only, and Private Road – Keep Out.

The working group believes that in addition to above prohibitive signs, there are a few locations where gates and/or a guardhouse have been erected and obviously serves to discourage public use of those private ways.

When the group met with representatives of several of the private ways that currently have prohibitive signs posted, all present expressed a willingness to modify or replace the signs as required by the town to continue to receive snow plowing services. For instance, if the current sign states "Private Way—No Trespassing," the sign could be modified to remove the "No Trespassing" language.

In summary, the working group recommends to the Board of Selectmen the following:

1. The private ways with "factual signs" as described above be classified as "open to public use" and will continue to be plowed by the town.

2. The private ways with "prohibitive signs" will no longer be plowed

3. The private ways with gates and/or a guardhouse will no longer be plowed unless the gate/and or guardhouse (IS REMOVED) prohibits access to the road. This policy would apply whether or not the sign or structure is seasonal or year-round.

Discussion was held.

AMEND item number 3 by Selectman Zuern to delete the words IS REMOVED and add prohibits access to the road.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Grady to adopt the policies that are in the memo as modified by the amendment by Selectman Zuern.

Discussion was held.

Ralph McDougall, owner of Coastal Motors, is requesting to increase the number of vehicles for display from 16 to 40 due to the lease of an adjoining piece of property and the acquiring of another parcel of land.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Grady to approve the request for a Class II Dealers License with a limit of 40 vehicles for display provided the 40’ wide lease area is available for use. However renewal of license each year should confirm that the leased area is still available or vehicles for display will be reduced to 34.

Discussion was held.

In Favor: Selectmen LaFarge, Tirrell, Zuern and Barlow

Against: Selectman Grady

Discussion was held.

Licenses and Appointments:

Letter of resignation was received from Haydon Coggeshall of the Citizen’s Advisory Council. The Board of Selectmen recommends name to the Governor and he makes the appointment.

A letter of interest was received from Selectman Zuern.

Selectman LaFarge also expressed interest in serving on this committee.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Barlow we advertise the position of Community Advisory Council member for the Town of Bourne to be recommended by the Board of Selectmen (to the Governor).

Application was received from Edmond Tessier of Barnstable to hold a One- Day Auction on November 9, 2003 from 9 a.m. to 5 p.m.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to grant an Auctioneers License to Edmond Tessier of Barnstable for One day November 9, 2003 (from 9:00 a.m. to 5:00 p.m.)

Martin Young has requested a Junk Dealer’s License at The Marketplace, 61 Main Street, Buzzards Bay.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to grant a Junk Dealer’s License to Martin Young at The Marketplace, 61 Main Street Buzzards Bay.

Gale Barton d/b/a Sweetferns located at 45 Main Street, Buzzards Bay is requesting a Junk Dealer’s License.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to approve (Gale A. Barton d/b/a/) Sweetferns, a gift shop with used furniture, for a Junk Dealer’s License located at 45 Main Street, Buzzards Bay.

Town Administrator recommended that the Town vacate the foreclosure.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Grady to deny the request to vacate foreclosure on both lots (lot 411 Map 020.0 Parcel 026.00 and lot 421 Map 020.0 Parcel 027.00 Scenic Highway a total of 2.86 acres) as described in the handout.

Discussion was held.

In Favor: Selectmen Barlow, Grady, LaFarge, Zuern

Opposed: Selectman Tirrell

Discussion was held.

Selectmen Tirrell, LaFarge, Grady and Barlow did not have reports.

Selectman Zuern commented on Adelphia Cable rates and services, LEPC committee meeting and hurricane display at the Historical Building.

William R. Griffin advised the Board that he has appointed Ms. Sandra Ferolito to the position of Board of Appeals Secretary. At the urging of the Board of Appeals, he requested that the Board vote to waive the 15 day veto period and approve this appointment.

MOTION by Selectman Grady and SECONDED by Selectman Barlow to waive the 15 day (veto) period and approve the appointment of Sandra Ferolito

The Town Administrator also advised the Board that he has appointed Greg Luther to the position of Firefighter/Paramedic in the Bourne Fire Department. At the request of Chief Charles Klueber for the purpose of reducing on-going overtime expenses, he requested that the Board vote to waive the 15 day veto period and approve this appointment.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to waive the 15 day (veto) period and approve the appointment of Greg Luther to the position of Firefighter/paramedic in the Bourne Fire Department.

The Town Administrator recommended that the Bourne Marina be changed to Taylor’s Point Marina. After research was done there was nothing that stated the Bourne Marina was ever given that name. Board should designate the facility as Taylor’s Point Marina.

MOTION by Selectman LaFarge and SECONDED by Selectman Zuern to change the name of the Bourne Marina to the Taylor’s Point Marina.

William R. Griffin, Town Administrator, stated that a Ready Resource Grant was received from the State in the amount of $50,000 to help the Marine Life Center in its permitting process. It requires the Chairman of Board to sign the grant agreement. It also requires the Chairman to be authorized by the Board of Selectmen to do so.

MOTION by Selectman Grady and SECONDED by Selectman Zuern that you (Mark A. Tirrell) as Chairman in your capacity as Chairman be authorized to sign the (Ready Resource) Grant Application at the appropriate location.

The Town Administrator stated that November 11^th is a legal holiday and the Board can not meet.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern there will not be a meeting held on November 11^th and an alternate meeting will not be held that week.

The next meeting of the Board of Selectmen will be at the Bourne Veterans Memorial Community Building on November 4, 2003 at 7:00 p.m.

Charles Miller of Monument Beach and James Mulvey of Buzzards Bay commented on contaminated shellfish.

Frank Kochnowicz, chairman of the Shellfish Advisory Committee, will put contaminated shellfish on their agenda for discussion and report back to the Board of Selectmen.

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

Meeting adjourned at 10:40 p.m.