Town Administrator

William R. Griffin

Board of Selectmen

Mark A. Tirrell, Chairman

Linda M. Zuern

Richard E. LaFarge

James T. Grady

W. Thomas Barlow

MOTION by Selectman Zuern and SECONDED by Selectman LaFarge to approve minutes of October 28, 2003 as presented.

There were none.

Selectman LaFarge went over the correspondence that was received.

Thomas Hanley stated on October 16, 2003 at a special dinner meeting of the Massachusetts Council on Aging, Sandra Vickery, Director of the Bourne Council on Aging was presented a trophy in recognition of her being awarded the title of Massachusetts Councils on Aging Director of The Year. Ms. Vickery was selected from 351 directors throughout the State for this prestigious award.

In recognition of this award which brings honor to the Town of Bourne, Mr. Hanley respectively requested that the Selectmen recognize her achievement at their next meeting in the new Bourne Veteran’s Memorial Community Building.

Chairman Tirrell commented on all that Sandy has accomplished for the Seniors not only in Bourne but other communities as well and her involvement with the Senior Center at the new Bourne Veteran’s Memorial Community Building. He thanked Sandra on behalf of the people of Bourne and presented her a citation for her outstanding work and dedication.

Sandy Vickery thanked her staff, (Betty Connolly, Pat Houde, Lois Carr, Ann Marie Riley, Jean Hills and Stephanie Comick) Council on Aging Board, Friends of the Bourne Council on Aging Board, Carol Summersall of Cape Cod Health Care, her husband and family.

Wayne Covell of Community Building Committee noted that Sandra brought an Elder Care Grant ($275,400) for a wing on the new building, Keyspan Energy Grant ($42,375) as well as working with the Friends of the Council of Aging Board raising over $100,000.00 to help furnish the Bourne Veteran’s Memorial Community Building.

Finance Director, Lynne Burchill and Principal Assessor, Donna Barakauskas recommended that the Board of Selectmen reject the Supplement Tax Assessment. This is a local option that is voted on at the local level. Now the state is allowing cities and towns to do Supplemental Tax Assessment automatically unless you reject it. In lieu of Supplemental Tax Assessment, Town Meeting adopted an accelerate new growth date. New growth date comes up to June 30^th from January 1^st which eliminates the need to do Supplemental Tax Assessment. We are asking for a vote from the Board to reject Supplemental Tax Assessment. This vote needs to be taken prior to setting tax rate.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Zuern Board of Selectmen reject the Supplemental Tax Assessment Statute Chapter 59 Section 2D for fiscal year 2004.

MOTION by Selectman Grady and SECONDED by Selectman Zuern skip (agenda) item 8, move on to (agenda) item 9 and come back to it at an appropriate time on or after 7:30 p.m.

Attorney Michael Princi representing the Herring Run Condominium Corporation is requesting that the Board of Selectmen approve to send the agreement for the Herring Run Conservation Restriction for Open Space to Town Counsel. Since the plan goes back a ways there are questions on the restriction and they would like Town Counsel to review before this goes before the Conservation Commission for approval.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to refer this matter to the Town Counsel to investigate the legality of the issue particularly the issue of whether the public at large has any rights in the Condominium Open Space and for the purpose of creating an appropriate document to memorialize the dedication of this land as open space.

A letter was received from the Massachusetts State Lottery Commission requesting that the Board of Selectmen notify them if there is any reason why this license should not be granted.

Jim Hagerty, husband of owner Paula Hagerty, stated that the intent was to renew the application that was in effect with the former owner. They have received approval from the State and would like the approval of the Board of Selectmen.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern not to object to the KENO license for Shaw’s Fish and Lobster.

Special Counsel Michael Leon of Nutter McClennen & Fish went over the proposal from SEMASS to receive (Municipal Solid Waste) MSW and combustion ash. There have been significant changes made in the proposal since the last time it was presented.

The Cape Cod Commission’s Regulatory Committee will be meeting on November 17^th at 9:30 a.m. to consider the Town’s application for a "minor modification" to its landfill to accept MSW. At present, the CCC staff believes that this is a "major modification." If the Regulatory Committee declares the plan to be a major modification, the Town will incur considerable expense and delay in the next several months.

Discussion was held.

Town Administrator, William R. Griffin, stated that he hoped that we were heading in the right direction. This agreement would provide 60-70 million dollars to the Town.

Discussion was held on Transfer Station, Combustion Ash acceptance, preparing a model of the income, environmental safety, ownership of what comes in to the landfill on a daily basis, regulatory changes by DEP, legal issues, testing and sampling and scales to weigh materials.

Steve MacNally, Chairman of the Board of Health, stated that his committee had an open hearing on the outcome of the ISWM Working Group. It was very well attended and the Board of Health voted in favor of the ISWM Working Group suggestions. A letter was sent to the Board of Selectmen with that information.

Gerry Collette of Buzzards Bay commented on the weight of combustion ash.

George Seaver of Cataumet commented on gas plumes and stability of business.

Wayne Covell of Sagamore stated he would like to examine all options and have the public more involved.

Peter Fisher of Cataumet commented on leaks in the liner, amounts of MSW and ash received.

Brian Handy of Cataumet, Commissioner of the Bourne Water District, commented on the effects of the well system on the base and town should learn from that experience.

Brent Goins, General Manager of the Landfill, and Steve MacNally, Chairman of the Board of Health, addressed issues and concerns from all of the above.

Selectman Barlow suggested that a Special Town Meeting could be held so the opponents could have one last say. The Town Administrator stated that this should be done immediately as there is a time frame.

Selectman Zuern did not think that this should go before Town Meeting and felt that research was done by professionals and should take the advice of them instead of going to town meeting.

Selectman LaFarge requested a meeting between the professionals and the Board of Selectmen prior to a vote.

Selectman Grady suggested a question and answer hearing be held prior to vote of the Board of Selectmen.

Attorney Michael Leon stated this contract should be acted on as soon as possible.

Town Administrator commented on the ISWM questionnaires that were distributed at Town Meeting

Gerry Collette of Buzzards Bay expressed his concerns on liability and quality control.

Reginald Judson of Pocasset commented on the lack of information that has been given to the public and should be put on a ballot.

Peter Fisher would like a survey to be sent to every taxpayer of the town for their opinions.

James Mulvey of Buzzards Bay did not agree with a survey but a public meeting with more information on the Enterprise Fund.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Zuern the Board (of Selectmen) direct the Town Administrator, Consulting Counsel (Michael Leon) and Mr. Goins to continue negotiations toward a final contract with SEMASS along the terms of the draft we have before us and further that the Town Administrator on behalf of the Town be authorized to take all appropriate action concerning permits or any other action necessary for the implementation of such a contract and that prior to the vote to be taken by the Board of Selectmen on that final contract that a public hearing be scheduled at a time and place conducive to get the most people able to attend to present their views as questions and information received and given and that deferred to the Chairman and the Town Administrator for that purpose to set it up as they see fit and appropriate.

1. Starfish Lane

Request was received from F.G. Fisher Realty Trust for new road name of Starfish Lane.

MOTION by Selectman Grady and SECONDED by Selectman Zuern approve the request (of F.G. Fisher Realty Trust) of Starfish Lane located off of Fisher Lane as the official name for that road.

UNANIMOUS VOTE (5-0)

2. Villages at Brookside

Request was received from The Villages at Brookside (Northland Residential) for the following street names:

1. Laurel Hill Court
2. Holly Hill Court
3. Sea Knoll Court
4. Cranberry Knoll Court
5. Holly Hock Knoll Court
6. Amberwood Court
7. Springbrook Court
8. Periwinkle Court
9. Berrywood Court
10. Applewood Court
11. Candelberry Court
12. Bluemeadow Court

A letter was received from the Planning Board concurring with the above road names, house numbers, drainage and the 911 system.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to approve the roads and courts as previously approved by the Planning Board on October 9, 2003 and as set forth in their attachment of their letter to us dated October 10, 2003 and also as approved by our Engineering Department.

1. Harvey’s Inc., d/b/a Cape Cod Classic Cars

Class II Dealers License

A request was received from Harvey’s Inc. with a change to Board of Directors.

MOTION by Selectman Grady and SECONDED by Selectman Zuern to approve the substitution of Aaron Sorgman to the Board of Director’s substituting for William P. Harvey for Harvey’s Inc., d/b/a Cape Cod Classic Cars at 1270 Rte 28A, Cataumet.

UNANIMOUS VOTE (5-0)

2. Bay Motors – Class II Dealers License

Bay Motors is requesting the approval of new ownership. The Planning Board had issued restriction on the old license.

MOTION by Selectman Grady and SECONDED by Selectman LaFarge to approve the sale by Ralph McDougall effective January, 2004 to Anthony J. Delia d/b/a Bay Motors subject to and including all of the conditions: three from the Planning department (1. The existing garage is only to be used for office and auto cleaning only, no auto repairs performed on site. 2. Display area is not to lighted - operations restricted to daylight hours only. 3.) Any change to the conditions must be approved by the Planning Board) including the restrictions by the Planning Board of August, 1996 memo (Special Permit #1-96 for alternative paving (gravel) under section 3330 of the Town of Bourne Zoning Bylaws for this location. The approved plan indicates fifteen parking spaces in the auto display area. Customer parking is three spaces. Employee parking is three spaces. Tenant parking is two spaces. Total parking space on site is twenty-three) and the Board of Health condition as long as no auto repair or disposal of any hazardous materials if there are floor drains.

Applicant Dr. Judith Ann Riordan of Bourne stated her reasons for wanting to serve on the Zoning Board of Appeals.

MOTION by Selectman Grady and SECONDED by Selectman LaFarge that Dr. Judith Ann Riordan be appointed as an Alternate Member to the Zoning Board of Appeals.

Applicants, B. Paul Bushueff, Jr. and Valarie Gudas, stated their reasons why they would like to serve on the Conservation Commission. There is one vacancy on the Commission.

The Town Administrator stated that there is legislation requesting alternate members to the Conservation Commission.

A roll call vote was taken. B. Paul Bushueff, Jr. received 5 votes

Selectmen Barlow, LaFarge and Grady had no reports.

Selectman Tirrell commented on the training class held by the Fire Department for the Automatic External Defibrillator (AED) that is located in Town Hall, Capital Outlay, Bourne High Drama Club and the Annual Christmas in Bourne Village.

Selectman Zuern commented on the Local Emergency Planning Committee (LEPC), tour of the training section of the base, Senior Management Board (SMB) and thanked Wayne Covell for serving on the Community Building Committee.

William R. Griffin, Town Administrator, requested that the Board of Selectmen execute a letter of intent to Commonwealth Electric Company to grant an easement if so it will be authorized by a future Town Meeting. This letter is necessary to allow ISWM to proceed with the new residential drop-off area project and recycling center.

MOTION by Selectman Barlow and SECONDED by Selectman Grady to approve the letter of intent.

The office has undertaken a survey of licenses and permit fees (liquor, car dealers, food, entertainment, etc.) for 14 municipalities on Cape Cod and the South Shore. I am currently preparing a recommendation to the Board of Selectmen on fee adjustments, and wish to advise the Board and the public that I am scheduling a public hearing on this matter on November 18, 2003.

The plans are in my office for the early design concept for the new fire station in Sagamore. He requested that the Board of Selectmen review and comment.

Discussion was held.

The next meeting of the Board of Selectmen will be held on November 18^th.

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

Meeting adjourned at 10:05 p.m.