Date Time Location
April 25, 2006 7:00 PM Bourne Veterans Memorial
Community Center

239 Main Street
Buzzards Bay, MA 02532

Call to Order

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

2. Approval of Minutes

3. Public Comment – Non Agenda Items

4. Correspondence

5. Licenses/Permits

a. 7:30 p.m. Stir Crazy – Transfer from Year Round Common Victualer License from Wine & Malt Beverages to All Alcoholic

b. It’s Good to Go, LLC – Year-round Common Victualer’s License

6. Department of Natural Resources – At Large Appointment

7. Finance Committee – Budget

8. Goals and Facilitation

9. Board Procedures

10. Revote Article 2

11. Town Administrator’s Report

12. Selectmen’s Reports

13. Adjourn

Selectmen Minutes

April 25, 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 M. Zuern, Chairman

Galon “Skip” Barlow, Vice Chairman

Jamie Sloniecki, Clerk

Carol A. Cheli

Judith W. Conron

Call the Meeting to Order at 7:00 P.M.

Chairman Zuern acknowledged David Bruch, a Bourne soldier who was on leave from Iraq for the birth of his new baby. He will go back soon. She also acknowledged Deputy Lieutenant Berry’s wake and funeral.

Salute the Flag/A Moment of Silence for Our Troops

Approval of Minutes

Selectman Zuern MOTIONED to approve the minutes of April 4, 2006, Selectman Barlow SECONDED, UNANIMOUS. Two abstained.

Selectmen Conron and Sloniecki abstained from the vote since they were not at that meeting.

Public Comment – Non Agenda Items

Chairman Zuern explained the new time limit on the Public Comment sheet saying that any topics longer than a few minutes should be put on the agenda.

Charlie Miller expressed his thanks to the DNR staff for all their hard work at the Monument Beach cleanup last Saturday.

Mr. Miller reminded people that about five years ago when the Charter was accepted and Mark Tirrell was Chairman, the Monument Beach Pier was in bad shape. At the time, the pilings were OK. At a subsequent meeting, which Mr. Mulvey also attended, he said the structure hadn’t had any major work since Hurricane Bob and could go at any time. As time went by, there were other things that over-shadowed the pier. Many of the capital assets in town are in bad shape and when repair and upkeep is abandoned, they can come back up to bite you.

Mr. Joe Agrillo said Chairman Zuern had called him and apologized for last week’s heated public comment session. He accepted and appreciated the gesture. He knows what a big job it is to be a selectmen and he wanted the Board to know how he felt.

Mr. Paul Bushueff spoke about the Conservation Commission and their discussions about town-owned land. Last Saturday morning volunteers at Basset’s Island filled a dumpster with debris and trash from the area. He thanked the Shellfish Working Group for their efforts.

Correspondence

Selectman Sloniecki read the correspondence.

Chairman Zuern referred to a correspondence item regarding recommendations from the Cape Cod Commission for the LCP. Is it too late to add suggestions? TA Guerino said that with the plan being just an advisory document, the LCP should continue to meet to make recommendations. It will be a living document. Any recommended changes the Commission may have that the LCP may want to consider could be brought before the Board in another Public Hearing.

Licenses and Permits

7:30 p.m. Stir Crazy – Transfer from Year Round Common Victualer License from Wine & Malt Beverages to All Alcoholic

Mr. Don Cunningham spoke on behalf of Bopha Samms and Stir Crazy. He called her a powerful example of what can be achieved when you put one foot in front of the other. They have opened three restaurants together and Ms. Samms does things by the rules.

Mr. Agrillo said that although he is pro-business, he wondered how it helps the town financially to go from wine and malt to all alcoholic. Chairman Zuern said that they already have wine and malt and this certainly won’t be a sports-bar. If Stir Crazy grows, it’s good for the Town; it’s a domino effect.

Selectman Cheli MOTIONED to approve the transfer from year round common victualer license from wine & malt beverages to all alcoholic for Stir Crazy. Selectman Conron SECONDED, UNANIMOUS, 4-0 vote.

It’s Good to Go, LLC – Year-Round Common Victualer’s License

Selectman Conron noted that this type of business would not be likely to cause a lot of parking issues in the area since it is all take-out. They are also on the side of the street that actually has parking. TA Guerino is considering putting timed parking on that street.

Selectman Cheli MOTIONED to approve the year-round common victualer’s license for It’s Good to Go. Selectman Sloniecki SECONDED, UNANIMOUS, 4-0 vote.

Selectman Barlow abstained from both votes.

Department of Natural Resources – At Large Appointment

An Ad Hoc Committee was established to review the functions of the Department of Natural Resources. The committee would be comprised of two members from the Shore and Harbor Committee, two members of the Shellfish Working Group, one member of the Conservation Commission and one Citizen at Large. To that effect three candidates were presented to the Board; David Foynes, William H. Palm and Walter Slepchuk as Citizen at Large candidates.

Selectman Barlow suggested that the Board elect all three candidates to the committee. The more people on the Committee, the better. Selectman Conron agreed with Selectman Barlow, but said she’d like to hear from the candidates. Chairman Zuern agreed as well.

David Foynes approached first. He thanked the Board for asking him to speak and said he’d be an excellent candidate for the At-Large position. He’d love to work with the other two candidates, as well. His experience with DNR is well rounded and he looks at himself as a representative of the general population. He would be a conduit for the thoughts of the people. He has no pre-conceived notions of what should be done and he’ll never say how he did it at other places. Instead, he would go to other towns and bring that information back to the Committee. He’s an excellent organizer, facilitator and mediator. This year he’s maintaining the raft at Sagamore Beach and installed a ladder for all the “old guys” like himself. He finds ways to accomplish things and he organized a group of people to volunteer their boats and brought 60-70 inner-city kids out to enjoy it, with a barbecue at his house afterwards. He’s really into teaching little kids. He holds a US Coastguard Master’s License and knows the rules of the water. The Town has been very good to him and he’d like to give some back.

William Palm said that was a tough act to follow! He’s worked for three towns and is currently the Deputy Harbor Master for Falmouth. There’s a definite correlation between Falmouth and Bourne since they share Buzzards Bay. He also worked briefly for the Town of Bourne. He passed out a copy of the Falmouth Harbor Master Report to illustrate what they are doing there. Among other things, new jetties were installed at Waquoit Bay, Eel River and Green Pond. Ongoing projects include new permits for maintenance dredging, a new permit for Wild Harbor dredging, a new permit for the reconstruction of the Megansett boat ramp and future projects include new floats added to Green Pond, reconstruction of Megansett and Green Pond Boat ramps and new parking configured for the Inner Harbor Boat Ramp, to name a few.

TA Guerino asked if the Harbor Master or Assistant Harbor Master wrote the grants or does the office of Community Development write the grants? Mr. Palm answered that the Chief Harbor Master does. They run a very lean ship. $179,527 from the general fund was turned back into the town. Moorings are at least $175,000 and they charge $50.00 per mooring plus $1.00 per foot with a 12-foot minimum.

Mr. Walter Slepchuk of Pocasset said that although he was totally unprepared for this meeting, he thought he could do a good job. He served on the Conservation Committee in Sandwich for seven years, chairing it for three, and is currently an Assessor there. He served some time with the DNR and was one of the first persons to work on the upwellers.

Selectman Barlow said he met Mr. Slepchuk two years ago when he was working on the upwellers and said he was very knowledgeable. He’s had much to do with shellfish propagation and worked at Monument Beach Marina. All the candidates have good skill-sets that could be applied to the committee.

Mr. Charlie Miller expressed hope that the Board would approve all three candidates.

Mr. Joseph Agrillo recommended David Foynes and asked why no one had asked Mr. Foynes any questions? Mr. Foynes is very capable and willing. Selectman Cheli said she knows Mr. Foynes and had worked with him on the raft. He’s extremely conscientious and anyone who likes kids is number one in her book. Is there any way to have all three?

TA Guerino said the Executive Order would have to be amended and re-signed.

Selectman Barlow MOTIONED to amend the Executive Order to include three Citizens at Large, Selectman Conron SECONDED, UNANIMOUS.

Selectman Barlow MOTIONED to approve the appointment of David Foynes, William H. Palm, Jr. and Walter Slepchuk as Citizens at Large for the Ad Hoc Committee to review the functions of the Department of Natural Resources. Selectman Conron SECONDED, UNANIMOUS.

Finance Committee – Budget

TA Guerino thanked Lynne Barrett of the Finance Department, and all the Department Heads for their help in putting together the budget. He also thanked the Board of Selectmen for being flexible. The good news is, the Board of Selectmen gave a directive that the budget should come in at no more than 6% over last year, while saving as many jobs as possible. Both directives have been accomplished, and the total budget came in under 6%. Including the enterprise funds, the Budget is up by 3.02%. Without the Enterprise fund, it is up by less than 3.4%. This includes three new police officers, a stable work force and a continuation of funding for the fire inspector position. There is a loss of two part-time employees, but one is a shift of one employee’s hours to another department. There are some major increases in the budget and most of them are within fixed and shared costs. Unemployment is up 14% or $10,000, FICA is up 10% or $26,000, the Town’s share of group insurance is up 15%, which is half of the increase of last year or $975,000. The retirement contribution is up 3% or $53,000, and that’s a total of $1,059,114 in fixed costs of the Budget increase. The school budget is up ½ of 1%, $100,000. Superintendent Ed LeFleur worked extremely well with him throughout the whole budget process. The tech school is up $174,832 or 20% and that is based on the number of children in the formula. More kids are going so it costs more. It’s an excellent program and Mr. Barry Motta has been very helpful working with the Chapter 70 formulas as well. That total increase in the school is $274,000. The total increase in School Budget and fixed costs is 1.39 million dollars. The general town budget is up$230,782 or 8/10 of 1%. That includes a 30% increase in fuel, natural gas and heating oil expenses as well. The Budget is lean, but it is not mean. They’re counting on State Aid figures that were provided in the Governor’s House Budget. If the Ways and Means Budget goes through, there may be a need for additional reductions. For general operating expenses, no stabilization is being utilized. Some free cash is being used for Special Town Meeting. The Fin Com, the TA and the Department Heads have worked extremely well this year. It has not been a contentious year. The Selectmen set the directive. The Fin Com worked within the Board’s directive and asked some very good questions. Overall, as a fiscal policy, the Board said stabilize, and that’s what was done.

Selectman Conron clarified that the loss of two part time employees did not include the school. TA Guerino said that there are four to five non-teaching positions at the school that do not have settled contracts. Chairman Zuern thanked TA Guerino for all his hard work on the Budget. TA Guerino said a lot of the credit goes to Ms. Barrett. They really worked as a team.

Mr. Hal Dewaltoff spoke about the Fin Com report. Since most people have not seen a report, he highlighted specific areas. The report is based on the budget review process. There were two major factors that impacted the development of the Fiscal 07 budget. First, the Fiscal 06 override added $1.5 million to the tax base. The Board of Selectmen voted a policy to limit spending growth to under 6%, which meant a level-funded budget. It became clear that there were risks. As the town continues to grow, how will the level-funded budget impact town service? Health care costs have skyrocketed. FY 07 Capital Improvement Funding is minimal. Can we afford to let the infrastructure get worse? Can the cost of natural disasters be absorbed? Voters want answers to these questions at least in the form of fiscal planning in a clear, transparent process. In summation of the Bourne Fiscal Policy, in the two main savings account, there is $1.1million in free cash, $1.7 million in stabilization for a total of $2.8 million. The fiscal policy target for these two funds is $5.5 million, a $2.6 million difference. There are three main elements in forecasting a stable FY 07 budget; raising the levee limit by 2.5%, State Aid is expected to increase 8%, or $670,000 over FY 06. New growth will contribute almost $500,000. On the expense side, health care costs are expected to increase 15% or $975,000. A five-year rate of increase is over 17%. Operating expenses have grown 3.5% , which is the result of a level-funded approach. General fund expenses are expected to rise 5.49%, which given the uncertainties of municipal finance, makes the structural revenue gap just about a certainty. In FY07 the Town intends to spend $2.7 million in capital improvements and half that amount will be spent by ISWM. Of the $1.3 million allocated for schools, public safety and DNR, some $500,000 comes from available funds such as waterways and stabilization. The rest will come from borrowing. At the upcoming Town Meeting there is an Article for Debt Exclusion of $4.75 million for the library expansion project on the ballot. This is a perfect example of how if used, the long-term financial plan can make these kinds of decisions more rational.

Also looming on the horizon are the additional capital needs for the new elementary school and potential borrowing for the restoration Monument Beach Marina. Both items will be addressed at a future Special Town meeting. He urged the Board of Selectmen to complete the Comprehensive Capital Improvement Plan. A well thought out plan will make it possible for the Town of Bourne to sort out priorities in a way voters can understand. This is the first year of the implementation of the Community Preservation Act. Under the CPA, a Community Preservation Committee has been formed to make recommendations that will be voted on at Town Meeting on May 8^th. The details may be found in the voter handbook. Everyone who serves on the Finance Committee is excited about the positive impact the CPA will have on the town.

ISWM is a complex business run as an enterprise fund, worth a net of $1.5 million. The planned budget seems reasonable and shows a modest increase in revenue. ISWM has reserves for $1.3 million and a solid waste reserve account of $500,000. FIN COM would like to see more information sessions regarding the ISWM reserve policy, budget and business plans. It is a complex business that has both risks and rewards and is a valuable asset for the Town. Finally, the report refers to the long-term financial plan, a project plan of the Fin Com and the Town’s Administration. It is a planning tool that uses many assumptions that are essentially best guesses so people shouldn’t view it as cut in stone. The long-term plan still needs to be refined, especially when there is long-term capital that is integrated into it. TA Guerino and Finance Director Lynn Barrett have done excellent work and he hoped that the Board would encourage them to continue it.

The FY 07 budget is tight and it’s a wait and see as to its affect on services. The affect on services and capital improvement is a great concern for many reasons; public safety and education are obvious. The more subtle effects are the potential reduction or leveling of real estate values over the long haul while costs increase. In a town where 50% of the tax levee is paid by people who don’t live here, crumbling infrastructure, and a generally low level of basic services could cause a redistribution of the tax burden. There is still a structural revenue-available expense gap but progress has been made in closing it. In comparison of FY 06 to the latest version, the deficit gap has narrowed considerably. The budget is stable and there are still some reserves, but the time to head off the next fiscal crisis is now.

TA Guerino said that they’ve had a good budget year in putting this together and he expressed his gratitude for the work that Fin Com has done.

Chairman Zuern thanked Mr. Dewaltoff for working with them and agreed with the long-term plans put forth. Selectman Conron opined that it would take as many people as possible to solve these tricky problems and get these ideas off the ground. She thanked him as well.

Goals and Facilitation

TA Guerino said there were four different consultancies posting for the facilitation position; David Sanderson of Eagle Point Consulting, Sally K. Holmes, Gerry Bruno and Dr. Richard Gardner, of Bootstrap Solutions in Idaho. They are all pretty much the same cost and equally qualified. $3-4K would be the approximate cost. The Board has worked with Mr. Bruno, but he costs a little more. He does know Mr. Gardner and Mr. Sanderson, but not Ms. Holmes.

Chairman Zuern said she would prefer to have someone local. Mr. Bruno is local but Ms. Holmes is the closest. Selectman Barlow said he’d never worked with a facilitator before so he would lean on everyone else. Selectman Conron spoke about Ms. Holmes and Mr. Bruno. Goals need to be set. She’s comfortable with any of the candidates but perhaps Mr. Bruno and Ms. Holmes could come in and speak at the next meeting.

TA Guerino said that Mr. Bruno would be happy to come in. The strategic agenda will take time, but both Mr. Bruno and Ms. Holmes have the proper skill set for the job. He would try to bring them in next week.

Selectman Cheli said she had narrowed her choice down to Mr. Bruno and Ms. Holmes, with a preference for Ms. Holmes. Selectman Sloniecki expressed some concern about specific skills of Ms. Holmes, but TA Guerino said he had no doubts that Ms. Holmes could accomplish the goals.

Selectman Conron said there is a comfort in knowing that the consultant is nearby. Full information on each candidate isn’t available so it’s difficult to choose. Selectman Barlow agreed; it’s a generic process. TA Guerino restated that Mr. Bruno and Ms. Holmes could be brought in. It’s the Board’s pleasure.

Selectman Sloniecki ruled out Dr. Gardner and Mr. Sanderson. TA Guerino said he knew Dr. Gardner was probably not a choice, but he knew him and wanted to present a broad list of consultants. Selectman Barlow suggested one for goals and one for strategic, but TA Guerino didn’t think the money was available for two consultants.

Selectman Cheli MOTIONED to appoint Sally Holmes as the Facilitator. Selectman Sloniecki SECONDED, UNANIMOUS.

Board Procedures

A comparison of the old vs. new Selectmen Policies and Procedures was presented. TA Guerino said this was put together at Counsel’s recommendation. Since there is some angst, maybe the Board should go back to the old policy and pick it apart. The last thing he wants to do is create any uncomfortableness.

Chairman Zuern reminded the Board and the TA that last week, Selectmen Cheli and Sloniecki were comfortable with the new policies, and she was now willing to go through at least some of it tonight.

Selectman Barlow said they could start, but it would become contentious since it is so different from the original policies and procedures. He expressed confusion. If you’re swaying from the policies, why create new ones, he asked? There is some good direction in the new policies and procedures, but addressing the specific problems would be a better approach. He said changing it a little at a time would be a better approach.

Chairman Zuern said that someone has already gone and done the work so going back is not needed, but Selectman Barlow said it was only a couple issues that needed to be dealt with. Chairman Zuern asked if the Board could just try going through it and the Board acquiesced.

Selectman Conron said that all of I – PURPOSE should be omitted since it is unnecessary and move old 1.1.6 – PROCEDURAL MATTERS to its place. Further, delete the first paragraph of II – NATURE OF POLICIES AND PROCEDURES. The 1^st paragraph of
III – PROCEDURES FOR ESTABLISHING POLICIES AND PROCEDURES was deleted so the section began with the second paragraph, with the first part of the first sentence deleted. The last sentence of that paragraph was deleted as well as the last paragraph. The 1^st paragraph of IV – AUTHORITY AND ROLE OF THE BOARD OF SELECTMEN was deleted, as well as the third paragraph. Selectman Barlow said Board members should be afforded all the rights of regular citizens.

TA Guerino said that the paragraph wasn’t an attempt to hinder the Selectman from speaking with anybody. It was an attempt to incorporate how we use Town Counsel.

The last paragraph of IV was left as is, except that a new paragraph was created at the word “Requests.”

V – ROLE OF THE TOWN ADMINSITRATOR and VI – DUTIES, RESPONSIBILITIES, AND OBLIGATIONS OF BOARD MEMBERS, were eliminated in entirety. VII – ORGANIZATION OF THE BOARD AND ELECTION OF OFFICERS was amended to say that the Chairman could not serve in that capacity for more than two consecutive years.

Revote Article 2

TA Guerino said he e-mailed the Finance Committee regarding the Town Clerk’s salary, which hadn’t been adjusted. In amending it, he realized that the Board of Selectmen hadn’t had an increase in over five years. He offered the Board $100, or $20 a year over the last five years, and gave the Moderator a 3% raise, which increased the rate from $453 to $475. Fin Com met last night and approved it, but for it to go forward, the Board needs to revote since it is a change in the Warrant Article. The Selectmen would move from $7500 to $8000, the Town Clerk would move to $30,948 and the Town Moderator would go to $475.

Director of Finance Lynne Barrett said the 3% increase was in line with other contractual increases. Selectman Conron asked if this would be a yearly increase, but TA Guerino said no, but after five years, it was time for a raise. The Board can choose to accept it or not, knowing it would be up for discussion. Selectman Conron said the article was already put into the booklet without being voted on. Fin Com gave the recommendation for the previous article that was voted on that had different numbers. They said they are unchanged from the Fiscal Year 06 levels, which at the time the Board of Selectman and Fin Com voted on it, it was an unchanged amount of money.

TA Guerino said that at last night’s Fin Com meeting, the member who would be recommending this article had some difficulty making the recommendation and changes as the Board had voted it. However, in fairness, the Town Clerk needed to be brought in under that article.

Chairman Zuern said it was fair to get some kind of raise. It’s only $20.00, a year, but it’s not that much to ask for. Selectman Conron said the concept of a stipend or an honorarium for an elected official is a sign of respect that the community has for this particular executive position. When the Town went from paying the Selectman to giving them a stipend, it was a major point in the Charter. She is not in favor of the raise. It should be in the expense budget, not here. Chairman Zuern said it was lumped into wages. It’s the way it’s always been.

Selectman Barlow said it’s a lot to do about nothing, but $100 is $100. No one asked for it, but it’s appreciated. It’s more of a fulltime job than a part-time job and it should keep up with the times. It won’t change his life, however.

Selectman Cheli MOTIONED to approve the Clerk at $30,948; the Moderator at $475 and the Selectman will remain the same at $7500. Selectman Conron SECONDED, UNANIMOUS.

Town Administrator’s Report

Yesterday Chief Ford presented two summer Police Officers and two new dispatchers to TA Guerino. The dispatchers are Cheryl Gorveatt of Bourne and Liberty L. Evans, also of Bourne. They have been offered conditional employment pending the CORI outcome and he asked the Board to waive the 15-day waiting period.

Selectman Barlow MOTIONED to approve the waiver of the 15-day waiting period. Selectman Cheli SECONDED, UNANIMOUS.

TA Guerino went on to say that he, Mr. Tellier, Sgt. Farrell and Mr. Agrillo met at the Beach Street area to survey the situation there. Engineer Mike Leitzel will have to do some boundary checks, but the meeting went well and he appreciated Mr. Agrillo going out with them.

TA Guerino announced that ISWM will be giving a business plan update on May 23^rd. The Board may choose to meet at 6pm for that purpose. Chairman Zuern said it would be good to meet at 6PM for a workshop to hash-out some important things. TA Guerino said that some pre-work would be necessary. The intent was to have an update to the Board as to where they were with the Business Plan. It would also be televised.

There was some discussion about putting time limits on agenda items and whether meetings should be started at 6 P.M. Chairman Zuern said meetings should be at 7 P.M. since it’s what people are used to. TA Guerino said that the Board would meet early at Town Meeting; an early meeting is posted to deal with routine business. He didn’t see a Sewer Commissioner’s meeting on the immediate horizon unless a particular application came forward.

Chairman Zuern asked if they wanted to have public input before they had their goal setting sessions. If people wanted to send their ideas by e-mail or letter, she would have no problem with that.

Selectmen’s Reports

Selectman Conron brought up the Human Rights Commission, which will be on the Agenda May 16th. Any appointees may come before the Board at that time. On Wednesday she attended a meeting of the Senior Environmental Core. A program for seniors who like to work outside was discussed. Under the auspices of the Senior Environmental Club seniors can participate in many programs; they can work on birdhouses, they can do water collecting and testing. She would be happy to provide more information. She also attended the Fin Com meeting.

Selectman Barlow attended the Transportation Presentation at Mass Maritime Academy on Friday and saw how it related to Falmouth and the traffic through Bourne. On Saturday, he marched in the Annual Baseball Parade. Lastly, the Town of Bourne has suffered a great loss with the passing of Deputy Chief Berry.

Selectman Sloniecki said there were about 300 kids in the Baseball Parade. It went well; just remember it was for the kids, not the adults. He wanted the public to be aware of how important the Town Meeting was and encouraged everyone to attend.

Selectman Cheli had two comments about the Canalside Task Force. Letters have been sent to the Cape Cod Commission to not allow Canalside Commons to proceed because of the odor from the landfill. This is kind of backward. Anybody who wants to develop in the community in and around the landfill should be bringing a suit against the Town of Bourne because of the odor. The landfill has held the Town hostage far too long when it comes to progress and growth. Further, the Board of Selectmen has no representative to the Canalside Taskforce and one needs to be appointed. Chairman Zuern said Committee Appointments will be on the Agenda next week and TA Guerino said there are 130 different Committee Appointments but there are only 10 or 12 Selectmen committees.

Selectman Conron said that the Article never specified that a Selectman had to be on the Taskforce. Chairman Zuern said she checked the minutes and the Board voted one of the members of the Board of Selectmen as a representative.

Chairman Zuern mentioned the Spotlight on Bourne and the Whale Trail and the BBVA Road Race. She went to the Bassett’s Island clean-up on Saturday and dropped by Monument Beach afterwards. The litter was worse than ever. She announced the whaling event at the Beachmoor sponsored by the BBVA.

Adjourn

Selectman Cheli MOTIONED to adjourn at 9:45 p.m. Selectman Barlow SECONDED, UNANIMOUS.

Board of Selectmen

Meeting Notice

Date Time Location

Tuesday 7:00 PM Bourne Veterans Memorial

May 2, 2006 Community Center

239 Main Street Buzzards Bay, MA 02532

14. Call to Order

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

16. Approval of Minutes

17. Public Comment – Non Agenda Items

18. Correspondence

19. Licenses/Permits

a. 7:15 p.m. Portside Liquors – Transfer in Year Round Liquor License

b. Bruce & Patricia Parker – Parker’s Boat Yard Food Vendor License

c. ACS Relay for Life, May 19 – 20, 2006

d. Change Robert & Marilyn Cox d/b/a Homestead Ext. Bed & Breafast to Kim M. Gilmetti & Marilyn M. Cox d/b/a Noah's Ark

20. School Building Committee

21. Committee Appointments for Board Members

22. Continue Review of Procedures

23. Town Administrator’s Report

24. Selectmen’s Reports

25. Adjourn

3.

Selectmen Minutes

May 2, 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 M. Zuern, Chairman

Galon “Skip” Barlow, Vice Chairman

Jamie Sloniecki, Clerk

Carol A. Cheli

Judith W. Conron

Call the Meeting to Order at 7:00 P.M.

Chairman Zuern acknowledged Mrs. Douglas of Pocasset, who passed away this week. She was a schoolteacher in Bourne for years and faithfully attended every Town Meeting. In addition, State Representative Jeff Perry’s granddaughter, Paige Victoria Perry passed away at 48 days old.

Salute the Flag/A Moment of Silence for Our Troops

Approval of Minutes

The minutes of April 11^th, 2006 were presented.

Selectman Barlow MOTIONED to accept the minutes of 4/11/06 as submitted. Selectman Conron SECONDED, UNANIMOUS.

Public Comment – Non Agenda Items

John Schmidt of Pocasset spoke regarding Article 9 of the Charter, which will be voted upon at Town Meeting. Most of the Charter is fine, but Article 9 needs to be picked apart because the Charter is worked on by many different people; some of whom are involved in the current recall. This is conflict of interest. They should not be working on the Charter. Where do their interests lie?

Chairman Zuern said that anybody could speak on any article. It’s important to attend Town Meeting and she expressed hope that a lot of people would attend.

Selectman Conron said she didn’t understand the conflict of interest. We need to be careful how we accuse anybody of conflict of interest.

Mr. Charlie Miller said nine people were assigned to The Charter Review Committee. Since the Charter affects everyone in Town, in theory everything in the Charter could be considered a conflict to somebody. Article nine is not out of line with other communities. Chairman Zuern said it’s up to the voters to decide whether to make it easier or harder to do a recall.

Mr. Miller went on to speak about vandalism at Chester Park. Some damage was done to the playground; the boat was knocked over, a hole was burned into the slide, a bench was knocked over and pickets from the fence had been placed in the boat to look like a campfire. The President of the Civics Association said she’d write a letter to the Superintendent of Schools and the Selectmen. The playground is meant for very small children. Superintendent Ed LaFleur said that there is a program for students to learn how to take pride in themselves and monitor each other’s behavior.

Selectman Sloniecki Read the Correspondence – There was some discussion regarding Counsel Bob Troy’s ruling on the appointments to the Canalside Task Force.

Licenses and Permits

7:15 p.m. Portside Liquors – Transfer in Year Round Liquor License

Selectman Sloniecki MOTIONED to approve the transfer of year round Liquor License. Selectman Cheli SECONDED, UNANIMOUS.

Selectman Barlow abstained from the Portside Liquor vote.

ACS Relay for Life, May 19 – 20, 2006

Selectman Conron MOTIONED to approve the American Cancer Society’s Relay for Life at the Bourne High School on May 19-20, 2006, noon to noon. Selectman Barlow SECONDED, UNANIMOUS.

Change Robert & Marilyn Cox d/b/a Homestead Ext. Bed & Breafast to Kim M. Gilmetti & Marilyn M. Cox d/b/a Noah's Ark (Note road name change: Crab Rock)

Selectman Cheli MOTIONED to approve the change from Robert & Marilyn Cox d/b/a Homestead Ext. Bed & Breafast to Kim M. Gilmetti & Marilyn M. Cox d/b/a Noah's Ark. Selectman Sloniecki SECONDED, UNANIMOUS.

School Building Committee

Superintendent Ed LaFleur drafted a letter for the Board of Selectmen to send to John Cogliano, Secretary of the Executive Office of Transportation concerning the land-swap so that the new proposed school off the Scenic Highway can have an access road. Two years ago Senator Murray brokered an arrangement with landowner Sam LaRusso and the state to have some land-swap for access to the school. This letter from the Selectmen is requested so that the next section of the road may go forward. Last spring Mr. LaFleur spoke to the Board about the cost of the new school. Construction prices are escalating and although the School Board has voted to go forward, there is no official bid in hand. He asked the Board to vote on the letter to the Secretary of Transportation so that they could begin the legal work for the official land swap. This will begin a three-phase packet; one will be the access road off Nightingale Pond, building of the school will be phase 2, and the new intersection on Scenic Highway will be phase 3. The total cost of the access road and intersection will be in excess of $6,000,000, which will be paid for by the State of Massachusetts, but the Town will be responsible for the design and planning. Design costs are expected to be somewhere around $1,000,000.

Selectman Barlow MOTIONED to approve the Chairman sending the letter to Secretary of Transportation John Cogliano. Selectman Conron SECONDED, UNANIMOUS.

Committee Appointments for Board Members

Chairman Zuern gave some background about the appointments by explaining that positions held by prior Selectmen were usually given to new Selectmen.

By Law Committee

Selectman Barlow MOTIONED to appoint Selectman Conron to the By Law Committee. Selectman Sloniecki SECONDED, UNANIMOUS.

Cape Cod Joint Transportation Committee

Selectman Cheli MOTIONED to appoint Selectman Sloniecki to the Cape Cod Joint Transportation Committee. Selectman Conron SECONDED, UNANIMOUS.

Massachusetts Military Community Advisory Council

Selectman Cheli MOTIONED to appoint Selectman Barlow to the Massachusetts Military Community Advisory Council. Selectman Conron SECONDED, UNANIMOUS.

Transportation Advisory Committee

Selectman Cheli MOTIONED to appoint Selectman Sloniecki to the Transportation Advisory Committee. Selectman Barlow SECONDED, UNANIMOUS.

Capital Outlay/Long Term Financial and Expenditure Working Group

- There was some general discussion and the Selectmen decided to hold off on this.

Continue Review of Procedures

IV – AUTHORITY AND ROLE OF THE BOARD OF SELECTMEN: “The Selectmen shall be afforded all the same rights and privileges to interact with any town employee as a private individual has” was added, as proposed by Selectman Barlow the previous week.

VIII – REPSONSIBLITIES OF THE OFFICERS OF THE BOARD: There was discussion on delegation of Chairman to vote. Bulleted items seven (“Make liaison assignments…”) and nine (“Ensure that the Board…”) were deleted, and the remaining paragraphs left the same.

IX – MEETINGS OF THE BOARD: The first paragraph was deleted. “Old” 1.1.2 – MEETINGS was kept and “The Board shall conduct working sessions on a monthly basis or as it deems necessary” was added. There was some discussion as to meeting frequency.

X – MEETING PROCEDURES and XI – BOARD MEETINGS: EXECUTIVE SESSIONS: No changes.

XII – AGENDA PROCEDURES: In bulleted items, add “Correspondence” after “Acceptance of Minutes” and move “Town Administrator’s Report” to after “Hearings.” Add “Committee Reports” after “Town Administrator’s Report.” Add “Other Business” to “Other Actions Items.” Agenda will be posted on the Web on Monday by noon. “Anonymous Correspondence will not be read or considered for action” will be added to the last paragraph. There was some further discussion about anonymous letters. Anonymous letters to the Town Hall are still public information. “Policy Vote” was added after the word “formal” in the last paragraph.

Selectman Cheli MOTIONED to end the discussion and resume it two weeks from now. Selectman Conron SECONDED, UNANIMOUS.

Town Administrator’s Report

Selectman Guerino spoke with Sally Holmes, the Facilitator who was chosen at last week’s meeting, to follow up on the Board’s goal setting session in order to set up some parameters. He asked the Board to let him know what dates everyone is available in May and he would see what dates Ms. Holmes is available. Additionally, the Human Rights Commission has been advertised for.

TA Guerino received a memo from Counsel Robert S. Troy that read, “The Appellate Tax Board had decided all of the cases which we tried under the formal procedure in favor of the Town of Bourne. There is a 30-day appeal period which expires on May 26^th. He congratulated the Board of Assessors for a fantastic job.

TA Guerino would like the Selectmen to sign a letter to the House regarding State Owned Land Payment Rule of Taxes. The Town is not reaping an equal share based on the rise in valuation.

Chairman Zuern MOTIONED to sign the letter. Selectman Conron SECONDED, UNANIMOUS.

TA Guerino said The Cape Cod Water Protection Collaborative has been advertised for and Peggy Fantozzi has been appointed interim member. He would like to make her a permanent.

Selectman Conron MOTIONED to appoint Peggy Fantozzi as The Cape Cod Water Protection Collaborative Member. Selectman Cheli SECONDED, UNANIMOUS.

TA Guerino said it was pleasant meeting with the Archives and Historical Society. The lease between the two expired several years ago and needs to be reestablished. He also attended a Department Head meeting last week where they discussed personnel issues and not spending any money between now and the end of the year. The Board will also be able to move monies within different budgets around to take care of things within the Budget. Finance Director Lynne Barrett and he will have a list of account adjustments between the Selectmen and the Finance Department prepared by July 15^th. Further, he is continuing the brainstorming sessions with the Department Heads. These sessions deal with gathering information, joint purchasing and making suggestions, among other things. He let the Department Heads know the Board is setting up goals, so their input is very important. They’ll be looking at internal and external.

He will be attending a couple of workshops over the next several weeks. One is with Finance Director Lynne Barrett called GASB 45, which is put on by a bonding company. It should be a good one. There are two sessions of the Massachusetts Municipal Association Manager that he will be attending since they are good for Agenda purposes.

Selectmen’s Reports

Selectman Conron went to the first meeting of the DNR Review Committee. It was very special, there were lots people there, and she thinks they’re off to a great start. She encouraged people to come to Town Meeting. Attendance is as important as voting for a Selectman or School Committee Member, or whatever. It’s also important to vote on how we spend our money as well as other by-laws and zoning issues.

On Monday Selectman Barlow attended a Firearm Show and the issue was how to get a Firearm Identification cards. A course is run once a month, free of charge. The BBVA’s Run Around the Bay takes place on May 21^st and it will go around the Artist’s Whale of the Whale Trail. The 6-foot whale is done in the style of scrimshaw. He also stressed public attendance at Town Meeting. There will be some significant changes to the Charter and the Charter is how government runs in this town. If you have any thoughts, you should come to Town Meeting and speak to the issues and changes.

Chairman Zuern also urged people to attend Town Meeting. The LCP, our master plan is also going to be voted on, as well as our objectives. She hopes to see a large crowd there. There’s no reason to complain about something if you don’t show up and participate.

Adjourn

Selectman Cheli MOTIONED to adjourn at 9:20 p.m. Selectman Chairman Zuern SECONDED, UNANIMOUS.