SELECTMEN’S MEETING

December 16, 2003

7:00 p.m.

Bourne Veteran’s Memorial Community Center

239 Main Street

Buzzards Bay, MA 02532

William R. Griffin

Mark A. Tirrell, Chairman

Linda M. Zuern

Richard E. LaFarge

James T. Grady

W. Thomas Barlow

Chairman Tirrell called the meeting to order at 7:00 p.m.

Minutes for November 25 and December 2, 2003 were presented.

MOTION by Selectman Grady, SECONDED by Selectman LaFarge and VOTED UNANIMOUSLY to accept the minutes as submitted for the November 25, 2003 meeting.

December 2, 2003 minutes. Selectman Tirrell made one correction page 2, "MOTION passes 4-1". Selectman Tirrell thought it would be more accurate and tied to the language above it (showing Selectman Barlow abstained) to record "4-0-1".

MOTION by Selectman Zuern, SECONDED by Selectman Grady and UNANIMOUSLY VOTED to approve the minutes with the single correction.

Richard Conron presented four alternatives for the future of ISWM. His alternatives were mainly motivated based upon comments he heard from John York of Cataumet and David Ellis from DEP at the public hearing on December 2. Mr. Conron said these alternatives were not addressed by CDM at the hearing.

Mr. Conron asked the Board of Selectmen to take another look at the original goal presented five years ago and consider building what was promised to the voters – a state-of-art C&D recycling business.

Mr. Conron then presented his four alternatives.

The first two alternatives focus on the original intent of ISWM and Recycling.

1^st Alternative – Prepare an RFP on the construction and operation of a

C & D recycling center.

2^nd Alternative – Develop an MSW recycling site modeled after the facilities on Nantucket.

The second two alternatives focus on downsizing the business and closing it entirely over a period of time.

3^rd Alternative – Don’t building a C & D processing facility; downsize to accept only processed C & D.

4^th Alternative – Initiate a controlled closing over the next 5 to 7 years.

Selectman Tirrell asked Mr. Conron not to hold the failure on the closure options against CDM as they were not given that charge by the working group and the Town Administrator.

Selectman Zuern said that the Selectmen were looking at some of the options Mr. Conron listed. She felt that one of the worst things that could happen would be to close the landfill. In fact, she would like to see it open for 50 years, not 20 and to continue the recycling.

Town Administrator Griffin mentioned that Joe Carrara dropped off the Lower Cape Regional Municipal Solid Waste Management Study Report and that copies would go out to the Selectmen on Friday. Mr. Griffin referenced the website for the Waste Options facility on the Nantucket. (http://www.wasteoptions.com/)

Selectman LaFarge asked if there were earlier proposals for private partnership. Mr. Griffin said a company came in originally and talked about leasing the facility, but never submitted a proposal. Mr. Griffin acknowledged that he had probably been contacted by every major waste firm looking to either buy or lease the town facility.

Further discussion was held on a facility to process C & D.

Selectman Tirrell said there was no immediate decision pending and no follow-up vote tonight on the December 9 hearing. Selectman Tirrell felt they had a great hearing, a good exchange of information and ideas, and that people came prepared.

Selectman LaFarge reviewed correspondence.

●Letter from the Director of Natural Resources, George Weinert,

recommending closing the Oyster season on December 28, 2003.

●Letter sent to Stephen DeVito, President of LL & S Wastewood from the

Town Administrator regarding the C&D Processing Facility at the landfill.

●Letter from Elspeth Taylor of Scraggy Neck Recreation Association,

objecting to boards decision not to plow private roads not open to public

use.

●Letter from James Sullivan, Chairman of LCP Committee advising change

in meeting schedule.

●Copy of a letter from Lex Coates to the newspapers hoping for a large turnout at the Landfill Hearing on December 9.

●Press Release from State Representative Susan William Gifford

announcing the opening of her District Office in Wareham.

●Copy of a letter from Richard Norton, Executive Director of

Massachusetts Manufactured Housing Association, to Robert Prichard of

the Pocasset Mobile Home Park.

●Invitation to the Upper Cape Cod Regional Technical School annual

Holiday Buffet on December 18, 2003.

●Memo from Chief Ford regarding a liquor violation at the Half-Time Bar

& Grille.

The ABCC cited the licensee for serving an intoxicated person and for advertising a happy hour in violation of state law. The ABCC will pursue the intoxicated person charge. Chief Ford recommended, after explaining the happy hour rules to the Half-Time, that the Board of Selectmen send a letter of warning.

MOTION by Selectman Grady to follow the recommendation of the Police Chief and send a warning to the Half-Time Bar & Grille for the happy hour violation, SECONDED by Selectman LaFarge, and UNANIMOUSLY VOTED.

●Letter from David Driscoll, Commissioner of Education to Superintendent

of Schools, Edmond LaFleur.

●The Board of Selectmen issued a Citation to Justin Thomas Wolstenholm

congratulating him on achieving the rank of Eagle Scout. Mark Tirrell will

make the presentation on behalf of the Selectmen on December 27.

●Notice from the ABCC to all local licensing authorities on the new state

law permitting the sale of alcoholic beverages by package stores on

Sundays. The Selectmen will schedule a public hearing in January to

review the new legislation.

●Memo from Town Counsel regarding the Skateboard Park.

●Letter from Marilyn Morris to implore the board not to vote to shut the landfill.

Mr. Weinert made a presentation on why he is recommending the oyster season be closed the last Sunday December, December 28 this year and the last Sunday in December for 2004. His assessment of the stock prior to the season opening was of concern. Mr. Weinert discussed this with the Shellfish Advisory Committee and they unanimously support his recommendation.

Selectman LaFarge questioned whether it was premature to set next year’s season now.

Mr. Weinert felt it wisest to curtail oyster season next year and if there were a potential harvest next year, he would recommend a change at that time.

Selectman Tirrell noted that his predecessor actually extended the season.

Selectman Barlow gave the history of propagation of oyster stock by Amrita Island in the past and asked if the town was still continuing the process for the recreational area.

Mr. Weinert said they were in the process of purchasing a 3^rd upweller and have a 4^th that they now own almost as a gift to the town. He plans to raise 300,000 oysters in an upweller for propagation purposes. He participated in a county planning program and will be getting 200 bags of cultch that have already been inoculated. He is proposing to make the Pocasset River a major nursery with a vision of establishing an oyster hatchery and the opening up of a commercial market in 3-5 years.

MOTION by Selectman Barlow, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to adopt the recommendation of the Director to close the oyster season on Sunday, December 28 and to further limit next year’s season from the 1^st Sunday in November through the last Sunday in December, 2004.

1. Motor Way- MOTION by Selectman LaFarge, SECONDED by Selectman Grady and UNANIMOUSLY VOTED to take the matter from the table and to approve the name Motor Way for a certain way off MacArthur Boulevard.
2. Pinnacle Road – Sagamore Beach. MOTION by Selectman Grady, SECONDED by Selectman LaFarge and UNANIMOUSLY VOTED to table requests for road names after until after favorable action has been taken by the Planning Board.

Selectman Tirrell reviewed the Routing Slip for Shayan’s and indicated that all matters were in order.

The Return Receipts were presented.

Cheryl Leahy spoke on her license request. Ms. Leahy said last year there was confusion over the pledge of license, not being able to lease a liquor license and a promissory note. In addition to their regular menu, they are now offering pizza.

Mr. Griffin explained to the board members that in addition to voting on the liquor license, the would be voting on the pledge of license, common victualer, entertainment, coin-operated amusement devices, and Sunday amusement licenses.

MOTION by Selectman Barlow, SECONDED by Selectman Zuern, and UNANIMOUSLY VOTED to approve the transfer from Judith A. Tubbs, d/b/a T.J.’s Bar & Grille to Shayan, Inc., d/b/a Shay’s Bar & Grille, Cheryl A. Leahy, Mgr. The transfer to include liquor license, common victualer, entertainment, Sunday amusement, coin operated amusement devices, and the pledge of the license. Approved 5-0.

Selectman LaFarge asked in they were operating the restaurant now. Ms. Leahy indicated that Tubbs’ are operating it now and that they are leasing to buy.

Selectman Tirrell said the board has a list of holder’s of licenses to be renewed for 2004 annual licenses and approved by the Board of Selectmen. Mr. Griffin sent a cover memo recommending that the Town Administrator’s Office be authorized to use the signature stamp of the Board of Selectmen.

MOTION by Selectman Grady, SECONDED by Selectman Zuern and SO VOTED to waive the reading of the licenses and to approve the 69 Common Victualer Licenses (Food Licenses) as submitted by the Town Administrator, and all approvals be subject to pending payment of appropriate town taxes.

Selectman Barlow indicated that he had to abstain from voting on one of the Common Victualer Licenses, Skiane’ Ice Cream.

MOTION by Selectman Grady to move to reconsider the vote on the Common Victualer’s Licenses for the purpose of permitting Selectman Barlow to abstain from Skiane’s Ice Cream, SECONDED by Selectman Tirrell, UNANIMOUSLY VOTED.

MOTION by Selectman Grady, SECONDED and voted to approve the Common Victualer’s licenses as listed with the condition that all licensees pay their town taxes. Selectmen Grady, Zuern, LaFarge and Tirrell voted in favor. Selectman Barlow abstained. 4-0-1.

MOTION by Selectman Grady, SECONDED by Selectman by Zuern, and UNANIMOUSLY VOTED to approve 20 weekday amusement licenses for the 2004 in accordance with the submission by the Town Administrator under weekday amusement.

Selectman Grady asked for clarification as to hours of operation before voting. Hours on Sunday are from 1:00 p.m. to midnight.

MOTION by Selectman Grady, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to approve the 24 Sunday Amusement Licenses from 1:00 p.m. to midnight as submitted by the Town Administrator.

MOTION by Selectman Grady, SECONDED by Selectman Zuern and unanimously vote to approve the 22 establishments for Coin Operated Amusement Device Licenses for seven days a week as submitted by the Town Administrator.

MOTION by Selectman Grady, SECONDED, by Selectman Zuern and UNANIMOUSLY VOTED to approve the 4 general licenses as submitted by the Town Administrator.

MOTION by Selectman Grady, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to approve 3 Lodging and Innholder Licenses as submitted by the Town Administrator.

Class I – MOTION by Selectman Grady, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to approve the 11 Class I Auto Dealer’s Licenses as submitted by the Town Administrator.

Class II – MOTION by Selectmen Grady, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to approve 19 Class II Auto Dealer’s Licenses as submitted as submitted by the Town Administrator.

Class III – MOTION by Selectman Barlow, SECONDED by Selectmen Zuern and SO VOTED to approve the Class III license for Knowlton’s Garage as submitted by the Town Administrator.

Public Livery - MOTION by Selectman Zuern, SECONDED by Selectman Barlow and UNANIMOUSLY VOTED to approve the 2 Public Livery Licenses as submitted by the Town Administrator.

State Sunday Licenses - MOTION by Selectman Grady, SECONDED and UNANIMOUSLY VOTED to approve 24 State Sunday Licenses as submitted by the Town Administrator.

The 2004 liquor license renewals are grouped together with package store licenses for 6 days a week and the pouring licenses are 7 days a week. Mr. Griffin said there would be no change in the package store licenses until and unless there is a public hearing process.

MOTION by Selectman Grady, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to approve the 42 - 2004 liquor licenses as submitted by the Town Administrator.

1. Port O’Call – application for an additional Coin-Operated Amusement Device (golf game).

Port O’Call was not represented. Mr. Griffin noted that the Form of List requirement had been satisfied, since notice was given to the board.

MOTION by Selectman Grady, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to increase the number of entertainment licenses issued to Port O’Call by 1 for a total of 5 at 57-59 Main Street, Buzzards Bay.

b. S.E.L. Foreign Auto LTD – Class II Dealer’s License.

Mr. Brian Morrison, General Manager, spoke on behalf of the dealership. The dealership has been established for 7-8 years. They are a repair facility for mostly high-line European cars. They are located on 7 Colonel Drive, Bourne. The change now is to sell vehicles as well as repair.

Selectman Grady questioned the 15-20 ft. parking area described in #7 of the application "…to be used at any given time to display motor vehicles for sale on the premises…." The routing slip indicated 5 vehicles for sale. Selectman Grady questioned putting 5 vehicles in 15-20 ft. Selectman Grady asked Mr. Morrison if he would agree to 3 outside. Mr. Morrisson had no objectject. MOTION by Selectman Grady to approve the application, SECONDED by Selectman LaFarge with one abstention ( 4-0-1) to be limited to 3 vehicles for display at 7 Colonel Drive,

1. Mr. Griffin reported that there is an annual action to authorize the

one-night New Year’s eve closing at 2:00 a.m. or a l-hour extension for all on-premise liquor licenses.

Selectman Grady asked whether all license holders wanted the 2:00 a.m. closing.

Selectman Grady was told that several 2:00 a.m. closings had been requested.

MOTION by Selectman Zuern, SECONDED by Selectman Barlow and UNANIMOUSLY VOTED to allow those establishments who wish to stay open for the serving of alcoholic beverages until 2:00 a.m. on January 1, 2004. This closing only applies to the holders of Common Victualer, Innholder and Club Licenses.

This extends the regular closing time by 1 hour as follows:

There will be no liquor dispensed after 2:00 a.m. All glasses and bottles will be removed from bars and tables by 2:30 a.m. All patrons will vacate the premise by 2:30 a.m.

Selectman Grady, LaFarge and Tirrell had no reports. Selectman Zuern attended an event at the Bourne Historical Society and was told that letters were sent out letters asking for donations for some needed work to the building. She wanted to know to how to get this put on the COL list.

Mr. Griffin explained there is money available for some of that work and the architect is in the process of finalizing the bid specifications for that work.

Mr. Griffin has met and working with the Committee to convert the heating system from oil to gas. Arrangements have been made with Keyspan and town staff at a very reasonable cost.

Selectman LaFarge had the same conversation and wanted to make clear that they are not pointing at the Town Administrator or the Town Hall, but are pointing toward the architect as the only problem.

Selectman Barlow congratulated the Bourne Fire Fighters for the tremendous job they did during the 103 hours they spent camped out at the Mezza Luna parking lot for the Homeless for the Holidays fundraiser. The Board of Selectmen were taken into the elder care room in the Community Center and shown the toys donated during their drive prior to their regular meeting. A letter will be sent congratulating the Fire Department for their fundraising efforts.

The Town Administrator promoted Mark McMahon to a new position in the DPW as Light Equipment Operator 1.

Selectman Barlow suggested that the Town Administrator schedule a Conflict of Interest Seminar for both Town Officials, District Officials, and Authority Officials. Mr. Griffin now has the seminar scheduled for February 11 from 6:00 – 7:30 p.m. at the Bourne Community Center. Notices will be sent to all employees, boards and committees. The Town Administrator indicated that he has attended these very well run informative sessions.

Selectman Tirrell mentioned that the time frame for the Conflict of Interest Seminar is just about the time the annual Town Election races warm up and questioned whether candidates were welcome to attend.

Mr. Griffin said they would be.

Public Comment

Mr. Collette complimented the Bourne Department of Public Works for the Christmas Lighting display in Bourne.

Selectman Tirrell referred to a letter circulated by the businesses on Main Street thanking the DPW for their work on the Holiday Lighting.

MOTION by Selectman Barlow, SECONDED by Selectman Zuern and UNANIMOUSLY VOTED to advance a letter to the Department of Public Works thanking them for the Holiday Decorations.

Lucia Fulco brought forward 2 issues for consideration.

The 1^st was for the Selectmen to consider a proposition 21/2 override on the April ballot for residents to decide whether they wanted to phase out the landfill and fund the ISWM Department with the amount that is now generated through the landfill operation.

She also asked them to consider appointing Mr. Griffin as Bourne’s representative for the design completion for Main Street, Buzzards Bay. She thought the town needed a point person to represent Bourne apart from what the Buzzards Bay Committee was doing. She would also like them to consider coming up with some money to try and do a competition for Buzzards Bay.

Michael Blanton commented on the lst annual lighting of the tree in Buzzards Bay and recommended considering sending a letter of recognition or thanks to the Main Street merchants and encourage them to continue the work they started in trying to make this an annual event.

MOTION by Selectman Zuern, SECONDED by Selectman Tirrell and UNANIMOUSLY VOTED to ask the Town Administrator to send a letter of thanks to the Main Street merchants to the attention of Alicia MacGregor.

Knowlton’s Garage was represented by Attorney Jonathan Fitch. Mr. Fitch updated the board on the environmental situation at the site and presented the engineer’s quarterly report. The quarterly report is a requirement for licensing.

As a follow-up to his last presentation, Mr. Fitch reported that the procedures and layout at the site have been approved and are in compliance with the requirement of the Board of Selectmen and the Fire Department.

The report from RELCO Engineering confirms that they had a meeting with DEP on October 29. The default status on the site and the $51,000.00 owed to DEP for the contamination cleanup were discussed. DEP is postponing the cleanup fee and is also actively considering waiving any fines and penalties for past failures pending review of their remediation plan. Knowlton’s now has six monitoring wells on the site, five of which contain MBTE. Samples had been taken at the site, analyzed and forwarded to DEP.

Attorney Fitch further referenced the engineer’s letter (RELCO Engineering) and Quarterly Site Inspection Report that he presented to the Selectmen. Mr. Fitch said that they hope to have the plan for remediation to DEP by January and to have DEP accept it and remove the default feature on their status.

RELCO Engineering is convinced that the gasoline additive that has migrated to the site is from the gas station problem across the street.

Selectman Tirrell said that it appears that during this past quarter they addressed some labels that were deficient and the fire lanes were widened.

Selectman Zuern asked for clarification on the remediation plan. She also questioned what would happen if DEP finds that MTBE comes from the gas station, would they ask them to do some remediation?

Attorney Fitch said the remediation plan is taking shape. It is combined effort with their engineer and an independent third party licensed site professional (LSP). It is the LSP who has the final say on what is submitted to DEP. Their engineer is hopeful that the LSP will show that nothing active needs to be done at the site. Mr. Fitch further said that remediation is underway at the gas station site.

Selectman Grady congratulated them on the work they’ve done and hopes they continue. He commented on the 18-wheel truck owned by Our Company and parked in front of where the trees were growing and wanted to know who’s it was and why it was there.

No one seems to know exactly who parked the vehicle at the location. Mr. Anderson said it was parked on state property and did not belong to them and might be a neighbor.

Selectman Tirrell asked Mr. Fitch to call the Our Company and have it moved.

Jim Mulvey commented that a Worcester firm was responsible for the gasoline spill in the area John’s Capeside Diner. There has been an enclosed area with a large treatment pump beside the diner for 10 years. The pump now looks like it has been deactivated and disassembled.

Selectman Barlow stated that CK Smith formerly owned and operated that Mobil gas station and they were looking to rectify the situation. The Board of Selectmen had the opportunity to approve or disapprove the change of the tanks. The Board contacted DEP and the treatment pump began. John’s Capeside Diner came in to see the Selectmen periodically concerning the status of his property. Selectman Barlow felt it was a good point to find out whether contaminates were coming from the gas station and affecting the property.

Selectman Tirrell briefed the board on a flyer from Cape Cod Community College to interested professionals, tradespeople and residents from the environmental program a 4 C’s new courses beginning January 27.

MOTION by Selectman Zuern, SECONDED by Selectman Grady and UNANIMOUSLY VOTED to adjourn at 8:48 p.m.