Date Time Location
Tuesday 7:00 PM Bourne Veterans Memorial
January, 24, 2006 Community Center
239 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. Presentation by Mirant
7. Licenses/Permits
a. 7:15 PM Transfer liquor license from Canal Corp to Tavern on
Canal Corp
8. 7:30 P.M. Marina Operations
9. Selectmen’s Meeting Schedule
10. Town Administrator’s Report
11. Selectmen’s Reports
12. Adjourn
Selectmen
Minutes
January
24, 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:
Carol A. Cheli, Chairman
Galon “Skip” Barlow,
Vice Chairman
Richard E. LaFarge,
Clerk
Linda Zuern
W. Thomas Barlow
TA Guerino said Ms. Sundman would not allow Mr.
Patel to leave without a $15 check and that he absolutely cannot leave the
premise without doing this.
Amended minutes were
submitted.
Selectman
Zuern MOTIONED and SECONDED by Selectman LaFarge to
approve the amended minutes of January 17, 2006 as presented. UNANIMOUS.
TA Guerino referred to
the letter about the Shore Road home with drainage issues. He spoke with Rickie Tellier of the DPW and
said it comes into a wooded area that is a town easement area. They are working
on a solution, but aren’t sure if that is possible.
Selectman G. Barlow
brought up a letter from Lex Coates, but Selectman LaFarge said if it wasn’t in
the packet on Friday, it couldn’t be read.
However, he summarized it by saying it was letter objecting to the
proposal to privatize the landfill.
Selectman Zuern referred
to the letter from Sylvia Gardner saying she would call her, if the Board had
no objections. Selectman G. Barlow said
that people confuse the sewer rate with the condo fee. The sewer rate was voted on in Hideaway Village
and now folks are having sticker shock, himself included.
Selectman Zuern asked about the violation by Travers
Engineering in Sagamore. She wondered
about the $50 per day violation fee.
Selectman LaFarge said the Town has no power to collect fines, and he
asked how to enforce them? TA Guerino
said it goes to the Clerk’s Office and is then forwarded to Non-Compliance at
the Falmouth District Court.
An audience member asked
if those who signed up for DNR discussion could be deferred to the next
agenda. Chairman Cheli said yes.
Chairman Cheli recognized Detective John Doble
and asked that a letter be sent to him.
Town Administrator’s Report
Last week TA Guerino distributed a
confidential DNR draft report commissioned through TA office based on
recommendations of a few years back. It
was determined by Counsel to be a working document and is no longer
confidential. He brought it up within
the TA report since it was undertaken based on the goals the Board had
previously established. Mr. Mark Morse,
President of MMCG and Mr. Jim McDonough, principal consultant from
Massachusetts Municipal Consulting Group (MMCG) came forward.
Mr. McDonough explained that they do
management consulting work for local government and have worked in twenty
different states, with the majority being in the northeast. They were contacted by TA Guerino. Collecting and reviewing information and
notes created the report. Memos were
sent and a PDF draft was sent to the Town.
TA Guerino said he hadn’t commented on the draft with the Consultants
except for a very short conversation.
TA Guerino said the intent was to take the
DNR issues out of the local realm. DNR
has been a thorny issue since he arrived last year. In establishing the protocols for this study and in discussions
with Mr. Morse and Mr. McDonough, the aim was to make it as broad-based as
possible, bringing in as many DNR constituencies as possible. All five Selectmen had the opportunity to
meet with Mr. McDonough, as well as all DNR staff, representatives of Shore and
Harbor and representatives of the Shellfish Working Group. They were all given about 45 minutes to an
hour a piece and then Mr. McDonough had follow up questions. TA Guerino had a 45-minute discussion with
Mr. McDonough, and the only pressure brought to the MMCG was when the report would
be made available.
TA Guerino said there are three basic
recommendations in the draft report to the Board of Selectmen. If they choose to accept, amend or do
nothing, which is also an option, they have a good document on some of the issues. If they choose to make any recommendations,
reorganization or changes, the Charter has protocols for making such
recommendations. Mr. Morse and Mr.
McDonough were there to answer questions.
Chairman Cheli asked about the moorings. Mr. McDonough replied that there were a
number of issues and they didn’t think mooring was as critical as other
issues. DNR is a small department with
communication and policy issues. They
presented three alternatives: Do
nothing and things stay as they are.
They suggest that the Director should be removed from the controversial
Shellfish Issue, and a committee process established to carry this out. They
also suggest using the chain of command more so the Director could spend more
time on other activities. The second
approach is a little more direct; remove the marina operation from the
regulatory functions of the DNR and assign it to another department so that DNR
could better focus on natural resource functions. Third approach:
Re-thinking the whole organization
– no DNR as it is now. It would
be reorganized; the marina function could be separated from DNR and DNR could
be made a unit of the Police Department, with no Director of DNR.
Any of these measures would work, but there
has to be some effort to solve the controversy. They recommend a committee process with people from the town and
the surrounding programs, experts brought in, and there should be a very
defined time line. There is no department
in any town or government that creates its own policies.
Selectman W.T. Barlow said the marinas were
never formally put under DNR jurisdiction. The Board of Selectmen informally
put them there when there was a bankruptcy.
It was a temporary measure that would be addressed at a future time. Since then, auditors have reported problems
with marina revenues and the finance department has not yet been able to
resolve them. Further, there have been
no priorities or accountabilities set for those revenues. This has been a concern and an issue, so the
proposal to have the marina operations separate is good. For thirty years, the Shellfish Department
has been the responsibility of DNR and there is no defined job description
setting priorities. Over the past
thirty years, fishing has gone down tremendously not because of any individual,
but the organization wasn’t viewed as a priority. There are so many other duties involved that concentrated
attention isn’t possible.
Selectman G. Barlow thanked the consultants
for taking the time to interview so many people. The study shows that it is a community-wide process but the Town
must stay within the Charter – it can’t
be made up along the way. If a plan
comes forward, there will be a public vote.
A committee is needed to review what happened with the propagation
program and what direction it will take, as well as a timeframe set up to
accomplish this. There are dedicated
people in town who would be willing to participate and review the program. He thanked everyone involved.
TA Guerino said it was a draft report. He asked if, after the meeting tonight, is
it the intent of the MMCG to review what was discussed and reformat some of the
areas? Mr. McDonough said comments
would be addressed and the reason they talked so much about shellfish is
because it highlights the service. So many
people brought it up which suggested it needs to be specifically
addressed. Mr. Morse said it was
unsolicited. A lot of folks commented
that those programs took away from other services by necessity.
Selectman W.T. Barlow said he favors approach
three, but he’s concerned about putting the Shellfish Officer and the person
designated for shellfish propagation under the police department. He thinks it would get lost there. He would rather see the Shellfish
Officer/Propagation Enforcement out under the TA. That would give direct access to the TA rather than through a
department head. Mr. Morse said that in
conjunction with the shellfish propagation study and where it should go, it’s a
cost issue. By putting DNR with the
police, it’s one less direct report to the TA.
Not everyone can/should report to the TA.
Selectman G. Barlow appreciates that
position, but wants to provide equal or better services for equal or less money
since they don’t have the money to spend.
There are many different tacts that could be taken to reorganize
DNR. After consulting with TA Guerino,
he suggested that the Shellfish Officer and Marina Manager be put under the
TA. The Administrative Secretary would
be under the TA and transitioned into the fee collection plan. The Harbormaster would be under the
Police. Other towns work this way, as
well as in Homeland Security. Moorings
would be shared between the marinas and harbormaster. The Animal Control and Zoning Enforcement Officers could be
combined and put it under the police as well.
The DNR Director position would be eliminated and the TA would develop a
transition package. He would support a
committee of knowledgeable people, appointed by the Board of Selectmen, to
review the shellfish propagation program and the direction it may take. The committee would be asked to make a
report to the Finance Office and Board of Selectmen in approximately six months
after they convene. The TA would be responsible for reassigning vehicles,
vessels and space, and associated equipment.
A report of anticipated savings and service benefits would be developed
by the TA.
Selectman W.T. Barlow asked that a timeframe
of at least a couple weeks to give the TA time to prepare for the public
meeting to present the transition and present specifically what is being put
forward conceptually so people can address the specifics. He asked for a MOTION.
TA Guerino said he could do this three weeks
from tonight. Selectman W.T. Barlow
reiterated on a public hearing three weeks from this night so the public would
have something to look at.
Selectman Zuern said she doesn’t like
alternative 3, but she has no problem with the Harbor Master and the Animal
Control Officer being under the police since they are on 24 hours a day. She thinks the other positions should be
accountable to the TA. She had no
problem with the re-organizational plan but there’s no schedule for the savings
or what the cost would be. Mr. McDonough
said there probably wouldn’t be much cost savings in either alternative since
it’s driven by the services offered.
Selectman Zuern asked if the effectiveness of each alternative is the
same. Mr. McDonough said yes,
basically. As a practical matter you
get less accountability when you can only handle so many things. Enforcement of accountability is
difficult. In theory, DNR services can
be organized many different ways. Mr.
Morse said the real savings are in option three.
TA Guerino expressed some concerns. As the Board considers the motion Selectman
W.T. Barlow asked for, and the financial accountability piece brought up in the
audits, in his budget message next Tuesday, he discusses an interim voucher
system. His concern is that it’s a big
piece to do and to assimilate the Administrative Assistant’s position in the
first step is disconcerting. It’s not
necessarily in the step.
Selectman G. Barlow said there would be a 2-3
month transition period for better money accountability. TA Guerino said that makes sense, but
however they move, given that a three-week period of time is appropriate, can
the Board come up with a complete re-organizational plan at the same time as
budgets. He requested access to the
consultants to help with this. $8600 has
been spent to date, but he needs access to technical assistance.
Selectman Zuern hoped that if TA Guerino sees
something that won’t work, that he would let the Board know it. This is a work in process, working with the
TA, so feedback is necessary. Selectman
G. Barlow reiterated that nothing is set in stone.
Chairman Cheli asked about public comment
referring to her conversation with TA Guerino the previous day. TA Guerino replied that it was strictly how
it related to the Consultants providing the report to the Board of Selectmen. He has no problem with public comment.
Paul Gately asked whether public comment
would be on the broad spectrum or the motion on the floor. Chairman Cheli said just as it affects the
DNR reorganization and asked the consultants to remain. Judy Conron was invited to approach. Selectman LaFarge said he was really, really
confused. It’s not on the agenda, but
it is, he said. At the shellfish
working committee last night he heard it from a citizen. Why?
The Town spent $8600 on a report, which is now history, there is no
recommendation from the TA, and now there is a new scenario! There’s a request to spend more money and
Selectman LaFarge said he doesn’t think this is the right process, nor does it
come close to meeting the requirements Charter. It also hasn’t involved those people most concerned about it.
Reestablishing the Shellfish Advisory Committee is not a real-world suggestion
– all the members quit, they don’t want to work for the Selectmen. Put the Selectmen’s feet to the fire on this
one.
Selectman W.T. Barlow said reevaluating the
DNR was a goal before he was elected to the Board. Since then they’ve moved slowly and hired an outside consultant.
Three Selectmen spoke with the consultants, Selectman LaFarge declined to speak
with them. Selectman W.T. Barlow said
it’s about time to move on the issue and have public discussion on it. Put a proposal before people and let them
take it down. It’s been on the goals
for four years. The TA may not be fully in favor of changes, but bring it
forward to see if there is any change in costs.
Selectman G Barlow disagreed with Selectman
LaFarge. The Board is following the
scenario set out in the charter specifically.
He proceeded to read directly from the charter to prove this.
Judy Conron approached again. She thanked the consultants for their
efforts but expressed overwhelm at Selectman G. Barlow’s motion. Selectman G. Barlow interrupted to say that
by Point of Order, she could only comment on the report that came forward by
the consultants. Mrs. Conron replied
that she was not aware that he had the right to tell her what she could say in
her comment. Selectman G. Barlow
reiterated Point of Comment. She
answered that it is difficult to figure out what’s going on here. She was here to talk about the Consultant’s
report, and very quickly it proceeded to a motion to reorganize that did not
seem to be based on anything in the Consultant’s report. If we’re asked to comment, we need to slow
down, absorb the report, then move along.
The transition between studying the report and then hearing Selectman G.
Barlow’s proposal is very jarring. As a
citizen this is moving awfully fast. He
tried to interject but Mrs. Conron asked that he not threaten her or make her
feel inadequate.
Selectman G. Barlow countered that this has
been in progress for 2 years. Mrs.
Conron said she believes that Selectman G. Barlow’s goals are the ones being
moved on, not what the report put forward.
In the words of the consultants, much of the controversy surrounding DNR
is the failure of the Town to establish priorities for DNR. When there are no goals or priorities and
then you try to evaluate it, its not really valid. It becomes hearsay or people’s preferences, rather than a true
evaluation. Although it needs some
work, DNR works reasonably well.
Mr. Dick Conron of Gray Gables said he was
shocked and disappointed about the report.
He couldn’t find any information on Google about the consulting company
and wonders how qualified they were in this initiative? He says it bothers him that there is no
quantifiable data about the DNR in regard to numbers or complaints. Opinions and generalities formed the
analysis so he’s uncomfortable with the basis of the information. It builds distrust that jobs could be
impacted based on this kind of information.
It’s too general, too filled with opinion so it’s hard for him to accept
making any change. What is it going to
do for the town? How will it impact
them? The report lacked quantitative
information in his opinion.
Mr. McDonough replied that they do show up on
Google.
Mr. McLane of Cataumet said when he was
interviewed he was only asked about the shellfish regulations. Even though it is only a draft, he agrees
with Mr. Conron that it is unprofessional.
He believes the TA should have prepared this report and that the problems
of DNR are the responsibility of the TA and the Selectmen. Criticism of an agency may means things are
being done right. Reorganization of DNR
came thirteenth on the list of 18 items in the Shellfish Working Group. If there are problems in DNR and problems
with the Director, the supervisor of the director should get together with him
and discuss it. Is the Town going into
reorganization to give better service, to save money, or to get rid of
personnel? Reorganization as a rule
causes morale to go down.
Mary Jane Mastrangelo said she has been in
the consulting business for twenty years and believes that the report by MMCG
is one of the worst she has seen. She
does agree with the statement that much of the controversy in the DNR stems
from the town’s failure to establish priorities, and it is the fault of the
Town and Board of Selectmen. She has no
criticism of the DNR. If the Board of
Selectmen wants to approve, they should not make a recommendation. They should set priorities for DNR based on
public dialog. The second step is to
set policy for what it wants DNR to do. Third, allow the TA and department head
to make recommendations to meet those policies and priorities. Fourth, the
Board of Selectmen should evaluate and vote on those recommendations. There should be a public hearing for the
Board of Selectmen to solicit input from the public in setting priorities.
Bill Cottle of Bourne Village was a member of
the Shellfish Advisory Committee for several years. He found it interesting
that the consultants were thanked for their time since they were paid for their
time, when the shellfish board was neither thanked nor paid for their
time. He found it strange that when the
Shellfish Advisory Board made recommendations that the Board didn’t like, they
were ignored and that necessitated their resignations. When the Advisory Group consulted experts
and made a motion to the Selectmen, shellfish propagation was the preferred
method to promote shellfish within the town.
Contaminated relays could be used if extenuating circumstance required
it. He would be willing to consider
rejoining the Shellfish Advisory Committee if he felt that his opinion would be
listened to.
Jim Mulvey agreed that the problems aren’t
with the DNR but are the failure of the Town to set goals and policies for the
DNR. The process is in compliance with
the Charter, but the Charter also says that setting policies and goals is a
major function of the Board. He takes
due note that by a recent 3-2 vote of the Board, the Board opted out, giving
the reason that elections were forthcoming and there would possibly be two new
Board members. The Board chose not do
discuss its obligation to set goals and policies at that time. Now, with possibly two new members coming on
board, the Selectmen are willing to barge out into a major restructure of a
major department within the Town government.
This is inconsistent with the Board’s prior position of discussing
policies and goals. It is a mistake to
vote on a policy that may or may not have merit, but seems to have originated
from one Selectman. This is not a Board policy being put forward on
reorganization. It is a policy of one
Board member to reorganize and not a cooperative effort supported by the entire
Board.
Steven Mealy, Chairman of the Shore and
Harbor Committee, was flabbergasted that, “calling a spade a spade”, the Board
is railroading into a decision based on a draft document. The Board doesn’t
have a final anything. There is no
response back from the Consultants based on the input of the DNR Director. The Board has been working on this for four
years, what’s four more weeks? Pointing
his finger, he directly addressed Selectman W.T. Barlow, who heatedly
interjected that he wouldn’t be publicly insulted from the podium. Mr. Mealy should speak about the report and
not pointing out his name. Mr. Mealy
addressed the Chairman and countered that the DNR has not been given the
opportunity to respond to all the tasks and responsibilities its been given
over the past 15 years. There has been
no increase in personnel but responsibilities have increased, resulting in a
department that isn’t able to react.
Please reconsider and put on the brakes. Rather than taking away or reorganizing the department, spread
out the responsibilities across the town.
Add a Director of DNR that runs everything and add a fulltime
harbormaster. A lot of money is being
made on the marinas and with a possible upcoming change in the Board, he urges
taking the time to reconsider.
The date for a Public Hearing was tentatively
set February 21st.
Selectman G. Barlow asked for a MOTION for a re-organizational plan for DNR which puts the Shellfish and
related activities, Marinas and related issues, Administrative staff under the
TA; Harbor Master, Animal Control Officer and Zoning Enforcement Officer would
fall under Police, and the Director’s position would be eliminated and a
transition package created by the TA. Appoint a committee to review the
Shellfish Propagation with the report being due in approximately six months, TA
will reassign vehicles and vessels and equipment space, a program of
anticipated saving and improved service benefits will be developed by the
TA.
Selectman Zuern commented that although Mr.
Mulvey referred to this as a one-person plan, there have been many discussions
through the years over this and it isn’t something that Selectman G. Barlow
suddenly came up with. It’s time to act
upon it and not push it off any longer.
Where it was addressed to him on a Point of Order, Mr. Mulvey responded
that by the Selectmen’s vote on the motion, that would indicate whether indeed
the Selectmen were a part of it.
W.T. Barlow SECONDED the motion. 4-1
VOTE. Selectman LaFarge voted no.
It was noted that the February 21st
date was in the middle of school vacation week, but that date is only
tentative.
Chairman Cheli thanked the consultants and
asked that they not be offended.
TA Guerino continued that pursuant to the
vacancy that the Board be allowed to move forward, Tammy Perry is put forward
for the Account Clerk II step 1 position. He is not asking for a 15-day waiver
at this time since a CORI needs to be completed as well as an entrance
physical.
There are some budget issues and is seeking
to reduce the size of some departments.
A re-organization may become necessary.
Selectmen’s Reports
Selectman LaFarge: Last week the Board voted 3-2 to invite in SEMASS. For the record, no such opinion exists by Counsel.
Chairman Cheli: Chairman Cheli said that Robert Troy has rendered an opinion. She said she does not know where Selectman LaFarge gets his information, but if someone asks to come before the Board, it doesn’t need to be voted on. The Chairman makes up the Agenda. She asked for the opinion in writing to be sent to Selectman LaFarge. Selectman LaFarge replied that he spoke with Town Counsel, who said the opinion doesn’t exist.
Selectman Zuern: Attended Chamber of Commerce Annual Dinner and Dick Fitzgerald’s retirement party. She corrected a statement in the Upper Cape Codder saying the “$100 million dollars from SEMASS doesn’t necessarily represent actual money to the town.” That is incorrect; she has no idea what the total amount was or where the $100 million number came from. Further, regarding Agenda items, ANY selectman may put an item on the agenda, not just the Chairman.
Selectman G. Barlow: When an article doesn’t give correct information, it happens. He stays away from reading articles on the Selectmen, especially himself. He attended The National Marine Life Center and saw a presentation on turtles. He attended The Cape Cod Canal Region Annual Event where TA Guerino was inducted as Board of Directors. He was honored to be a member of the Board of Selectmen presenting a certificate to the Gallo family. He attended Dick Fitzgerald’s retirement party and commended him.
Selectman Zuern interjected that she thought the DNR discussion was part of the Agenda Item entitled Marina Operations. It was discussed under the TA’s report and should have been an Agenda item. TA Guerino said fair enough.
TA Guerino clarified that when the Board voted 4-1 several months ago not to pursue the privatization issue, they did in fact need to vote to bring a privatization issue back before it since they had a policy that said they weren’t going to look at it and a vote was needed to do that. It was the appropriate action. As it relates to the opinion form counsel – TA Guerino can’t find one. If someone has a copy of it, please forward it to him. He doesn’t recall that one was written. Chairman Cheli said that if Attorney Troy is e-mailed the question, he will respond, and can we knock off the SEMASS stuff?
TA Guerino said he wasn’t disagreeing with the intent of the Board.
Selectman W.T. Barlow: He wasn’t able to attend Dick Fitzgerald’s party but he lauded Mr. Fitzgerald’s contributions. He’s really brought the town forward regarding town services. He never gave up. The Friends of the Library was fantastic.
Paul Gately asked if the timeframe for SEMASS had been set and has anyone talked with them? TA Guerino said we were waiting on Mr. Cubellis’ schedule but it looks like he will be available on the 31st. A privatization of service will be looked at but it will not discuss sale of town land or elimination of employees. SEMASS will be given twenty minutes to tell the Town what they believe they can provide the Town. There will be questions form the Board afterwards. He is open to anything the Board wants to do on this.
Mr. Gately asked if SEMASS left anything for review from the last time. Chairman Cheli said no. Selectman W.T. Barlow said at the last presentation, they were named Bechtel, and SEMASS would not be responsible for the last company’s proposals.
Selectman W.T. Barlow MOTIONED to adjourn at 9:43PM Selectman LaFarge SECONDED, UNANIMOUS.