Board of Selectmen

 

Date                                           Time                       Location

Tuesday                                   7:00 PM                   Bourne Veterans Memorial Center

May 23, 2006                                                          269 Main Street

                                                                                Buzzards Bay, MA  02532

 

 

 

 

 

1.        Call to Order 

2.        Salute the Flag/A Moment of Silence for our Troops

 

3.        Approval of Minutes

 

4.        Public Comment – Non Agenda Items

 

5.        Correspondence

 

6.        Licenses/Permits

a.      Whaleback Restaurant – Entertainment License (1 video game)

 

7.   ISWM

8.   Recall – Election Schedule

 

9.   DOR Exemption – Finance Director

 

10. Town Administrator’s Report

 

11.  Selectmen’s Reports

 

12.  Other Selectmen Business

 

13.  Adjourn

 

 

                                                                                            

                                                                                                                                                              

Selectmen Minutes

May 23, 2006

Bourne Veterans’ Memorial Community Center

239 Main Street

Buzzards Bay, MA 02532

 

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Attendance:

Town Administrator

Thomas M. Guerino

Board of Selectmen:

Linda Zuern, Chairman

Galon “Skip” Barlow, Vice Chairman

James Sloniecki, Clerk

Judith Conron

Call the Meeting to Order

Meeting was called to order at 7:00 p.m

Chm. Zuern read a letter from Carol Cheli announcing her resignation as Selectman/Sewer Commissioner, effective immediately. Ms. Cheli will continue to be active in the Buzzards Bay Village Association, Women’s Club and other groups in Bourne. 

Salute the Flag/A Moment of Silence for our Troops

Approval of Minutes

Selectman Barlow made a MOTION, SECONDED by Selectman Conron to approve the minutes May 16, 2006 as amended. UNANIMOUS VOTE.

 

Public Comment – Non Agenda Items

None

 

Correspondence

Selectman Sloniecki read the correspondence.

Licenses/Permits

a.        Whaleback Restaurant – Entertainment License (1 video game)

Selectman Conron MOTIONED, and SECONDED by Selectman Sloniecki to approve the request for an Entertainment License for 1 video game. The license was approved subject to compliance with the recommendations of the Police Chief:  1 machine only placed away from windows, so as to keep noise down outside and that it will not be a poker or slot machine. 

SO VOTED  (Selectman Barlow excused himself from participating)

ISWM

Mr. Goins presented the FY2002 Review and Business Plan and then presented a PowerPoint presentation outlining ISWM’s mission, the Creation of ISWM, Overview, Authorization to Operate Phase 2, Planning for the Future, Chapter 49 of the Acts of 1999, Authorization to Operate Phase 3, FY2002 Review and Business Plan, Regulations and Market Conditions, Business Plan Update Based on DEP Meetings September 2002, Business Plan Goals, ISWM Presentation October 2002, Selectmen’s Meeting December 17, 2002, Implementation of Selectmen Decisions, Working Group Working Group Conclusions April 16, 2003, Selectmen’s Meeting April 22 and 29, 2003, , Selectmen’s Update July 25, 2003, Notice of Project Change August 7, 2003, Authorization to Operate Phase 3 December 2003, Working Group January 29, 2004, Landfill Minor Modification Permit February 8, 2005, Major Modification for DRI March 4, 2004, Authorization to Operate Phase 2A/3A March 18, 2005, Planning for the Future,  Current Operation and Discussion Items.

After the presentation there were questions and concerns directed to Mr. Goins regarding the landfill operations, i.e., the baler, extending the life of the landfill, ban on wood, wallboard, MSW Contracts, etc.

TA Guerino and Mr. Goins have been working with a software program and looking at different options for extending the life of the landfill.  He said that at last year’s town meeting, the Town allowed for long-term MSW Contracts and asked if that market was available to come back?  Mr. Goins said almost all are signed on with SEMASS, especially on the Cape. 

Selectman Barlow asked if he saw any more future changes or speed bumps?  Mr. Goins’ biggest concern right now in solid waste is what will happen on July 1 with the ban of disposal of wood.  The are also concerned with what will happen with wallboard, which produces hydrogen sulfate and smells like rotten eggs and difficult to control.  Their goal is to reduce hydrogen sulfate concentration by reducing the amount of wallboard that enters the landfill.  

A lengthy discussion followed on wallboard (gypsum).

Selectman Sloniecki asked whether July 2006 was the date for the ban on wood and asked what “clean wood” was?

Mr. Goins suggested “clean wood” would be brush, stumps, and lumber but not mixed with other materials.

Mr. Goins said that the town is transferring C&D and that MSW is being accepted. 

Chm. Zuern said that one of the main reasons for accepting MSW was if they had the composting facility, the MSW would go through the facility and come out as compost after 4 days.  Chm. Zuern still wanted to pursue those types of things and thought that they could add that to their mission statement as well. 

Finance Committee Chairman, Hal DeWaltoff thought it was a very informative discussion and only reinforced how complex the business is.  The Finance Committee has been asking for sophisticated financial reporting and oversight on a consistent basis for some time.  He would like to see another meeting quickly so they can get into the financial and operation questions.

Charlie Miller asked the question on the ban on wood and whether there was a percentage allowed.   Mr. Goins responded that DEP would allow maybe 20%. 

Selectman Barlow clarified that this applied to the landfill and the trucking companies and not the homeowner in the residential area.

Elinor Ripley added to Mr. DeWaltoff’s remarks and hoped to move forward to the next phase to plan for the future, and the need to start addressing the air space in their reports and projections.

TA Guerino said the programs put together at the landfill actually depict addressing air space with variables.  He went on to say that there are emerging technologies out there now to extend the life of the current landfill and creating additional air space while still putting materials in the landfill.

Mary Jane Mastrangelo thought the examination of the business plan and the plans for ISWM running parallel with the Capital Working Group would be very beneficial to the town in terms of developing a business plan.

A meeting was tentatively scheduled with the Board of Selectmen, Finance Committee Board of Health and Landfill Staff for June 27, 2006 from 700 p.m. to 9:30 p.m. at the Bourne Middle School Library to discuss the landfill business plan and future planning.

Recall – Election Schedule

Town Clerk Johnson formally notified the Board of the resignation of Carol A. Cheli as Selectman/Sewer Commissioner effectively immediately.

Town Counsel Troy submitted an opinion on what options were available to the Town.  He thought there should be a record of the options on file for an elected official either now or in the future regarding recalls.

► Resign from the elected position within 5 calendar days after receipt of the written notice of recall.

► Continue to serve in the elected position subject to recall and await the results of recall and be a candidate to “succeed himself/herself.”

He further explained that if a public official is the subject of a petition for recall there are 2 options for that official to continue serving: 

1.  A specific question on the ballot on whether or not that public official should be recalled (that is the recall, not the petition). 

If the majority of people vote against the recall, the public official is deemed to continue to remain in office, subject to another recall but not within 6 months of the first.

2. If the majority of people vote to recall the public official, the recall provisions are in place. 

If the number one person on the ballot (the person being recalled) receives more votes than any other candidates, then that person continues to serve that term, unless there is another recall, but not less than 6 months after the recall election. 

A public official can be legally recalled, but still be elected to continue to serve.

A public official can continue to serve in the elected position subject to recall and await the results of recall and not be a candidate to “succeed himself/herself.”

According to State Law, the Board is required to call a for a recall election between 60-90 days of certification but the date can be extended to 120 days if there is another town election.

The Town can legally call a recall election no earlier than August 2 and can be extended to the September 13 election.

The resignation from a Board member triggers a special election, if the Selectmen choose.  If the Board chooses not to call a special election, a petition signed by 200 voters would require them to call one.  There is no specific date to call for a special election.

The override of the Library is subject to an election by September 15.

After further discussion and scenarios on the recall election, special election and Library debt exclusion the following votes were taken:

Selectman Conron MOTIONED, and SECONDED by Selectman Barlow to call a Special Election on August 9, 2006 pursuant to Massachusetts General Laws Chapter 4l, Section 10 to fill vacancy created by the resignation of Selectman/Sewer Commissioner Carol Cheli.  UNANIMOUS VOTE

Selectman Conron MOTIONED, and SECONDED by Selectman Barlow to call a Special Election for library renovations, expansion and debt exclusion pursuant to Chapter 59, of MGL on August 9, 2006. UNANIMOUS VOTE

Selectman Conron MOTIONED, and SECONDED by Selectman Barlow pursuant to the Charter, Chapter 9, Section 3 to call a recall election on August 9, 2006 in response to the certification of a petition to recall Selectman Barlow that has been certified by the Town Clerk as having contained sufficient signatures.  UNANIMOUS VOTE

DOR Exemption – Finance Director

TA Guerino reviewed the exemptions filed by the Finance Director with the State Ethics Commission after her marriage to the Operations Manager of the Landfill in order to continue to sign various warrants.  The Town was originally looking to make some management changes at the ISWM, which could have been a possible conflict of interest.   The only issue that needs to be exempted is the payroll warrants and travel reimbursements.  The changes were not implemented at the ISWM, therefore there is no reason why this exemption should not go forward.  The exemption is basically payroll on a weekly basis.

MOTION by Selectman Conron, SECONDED by Selectman Sloniecki that the Board grant a determination of no conflict and an exemption as provided the by the Department of Revenue for the purposes of payroll and expenditures at ISWM.  UNANIMOUS VOTE.

Town Administrator’s Report

The first Capital Expenditure Working Group met.  The departments will do an inventory, list the projected lifespan and put a value and cost replacement to it.  Once that is in place, they will branch out.  He said it was a good first meeting and they will meet again in 2 weeks.  The Board will receive a quarterly progress report.  

Katlyn Haglof won a $20,000 in repairs to the Hoxie Field.  TA Guerino recommended the Board to invite Katlyn to the next meeting to congratulate her. 

He thanked and congratulated the Board on a very good first working session on setting goals for the future. 

During the first week in June there will be a meeting with Board of Health, Selectmen, Conservation Commission and others to review the outcome so far to the estuaries project that the Town has been putting money towards for the last several years.  He will contact Mr. Samimy to come with a report.

Announced the Finance Director, Lynne Barrett has taken a position in another community and will be leaving Bourne on July 7.

TA Guerino asked the Board to forward their vacation schedules to the office in order to put the summer meeting schedule together.

Selectmen’s Reports

Selectman Conron said their goals setting meeting was very good and thanked the Board members and Sally Holmes the facilitator.

She met the new Library Director, Patrick Marshall, attended the presentation at High School by Diana FitzMaurice, the 2005 Pulitzer Prize winner and a graduate of Bourne High School;  went to the Bourne presentation house tour, and saw the 50 whales for the whale trails in Hyannis.

Selectman Barlow filmed spotlight on Bourne, attended slide presentation by Diana FitzMaurice, attended the Relay for Life at Lawrence Jackson Field, Earth Day at Barnstable County Fair Grounds, attended and ran in the road race in Buzzards Bay for BBVA, 4 whales in Bourne – IHOP and 3 in Buzzards Bay.

Selectman Sloniecki spent the entire night at the Relay for Life.

Chm. Zuern announced that the Relay for Life raised $68,000 in Bourne with 400 volunteers, attended the reception for Diana FitzMaurice; Historical Society Dinner, Relay for Life, attended the house tour and spoke with the former Chairman of the Appeals Board, John Priestly at his home.  Chm. Zuern suggested sending a letter to Mr. Priestly in appreciation for all the time he has been Chairman of the Appeals Board. She worked at the Buzzards Bay Road Race, attended the reception for Patrick Marshall, attended the Republican Town Committee Meeting, enjoyed goal-setting meeting, filming of the food pantry and Barbara FitzMaurice who runs Gardening for Food.
 

Other Selectmen Business

None

Adjourn

Selectman Barlow made a MOTION, SECONDED by Selectman Conron to schedule the next Selectmen’s Meeting on June 6, 2006.  UNANIMOUS VOTE

Selectman Sloniecki made a MOTION and SECONDED to adjourn the meeting a 9:17 P.M.  UNANIMOUS VOTE