Board of Selectmen

Meeting Notice

Date Time Location

Tuesday 7:00 PM Bourne Veterans Memorial

March 21, 2006 Community Center

239 Main Street Buzzards Bay, MA 02532

5:45 p.m. Executive Session

*Sewer Commissioners – Equivise 40B Perry Ave

Time limit on approvals

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. Set up joint meeting with Planning Board to discuss Cape Cod Commission

7. Library Presentation

8. School Building Committee

9. Review of Articles

10. Licenses/Permits

a. Seasonal License Renewals

- Mashnee Island Beach Club

- Chart Room

b. Use of Buzzards Bay Park – BBVA

c. Best Buddies

d. Scallop Festival

11. Capital Outlay Working Group

12. Town Administrator Review Summary

13. Town Administrator’s Report

14. Selectmen’s Reports

15. Adjourn

Selectmen Minutes

March 21, 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

Call the Meeting to Order at 7:37 P.M.

Salute the Flag/A Moment of Silence for Our Troops

Approval of Minutes

Selectman G. Barlow MOTIONED to approve the minutes as amended for the March 14, 2006 meeting, Selectman Zuern SECONDED. SO VOTED. Selectmen W.T. Barlow and Cheli abstained, as they were not at that meeting.

TA Guerino noted that the Committee to review the functions of the DNR would now be established since the minutes of the March 14 meeting were approved.

Public Comment – Non Agenda Items

Don Hayward spoke on behalf of Bourne Concerned Citizens and Kay Donovan who submitted a request for Public Information under MGL, Chapter 66, Section 10. Mr. Haywood read Ms. Donovan’s letter. The request was specifically for communications between town employees and the Board of Selectmen.

TA Guerino said the request would be complied with. It was a huge task covering a 2 ½ year period (April 13, 2004 to present). Town Counsel has been contacted regarding emails sent by the Board and Committee Members from their home computers and how the Town can comply with the request.

Kay Donovan said her request was for anything the Selectmen do referring to any department head or any person in the office they are chastising or anything similar to that.

Ms. Donovan will meet with the Town Administrator for clarification on her request.

Don Hayward further requested the Town Administrator to issue a memorandum to all department heads recognizing that the signing of the recall petitions by employees on their own time is a free speech right.

Ed O’Connor presented pictures of the new Sagamore Fire Station and the abutting Sorenti property. He spoke of his displeasure on the condition of the property and the numerous citations issued by the Building Inspector over the years. He has been approached by people afraid to speak up and said it has been getting progressively worse over the years. He said the property is an insult to the people of Bourne and neighbors. He said at this point the Selectmen need to engage Counsel.

TA Guerino said the Town has been to court and the fines have not been paid.

Selectman LaFarge said citations have been issued, but the Town has no ability to force them to pay. He thinks they need to have Town Counsel bring an action to enforce the Zoning Bylaw for injunctive relief and recommends if going that way, they get a 10-day letter indicating the next course of action if the property is not cleaned up.

David Foynes has been out with others in collecting signatures on the recall petition. He said he finds it disturbing that people are afraid to sign something for retribution from not only town employees, but others who have appeared before the Selectmen or other boards and committees. He said if nothing else happens, they need to get rid of the perception that this government is going to punish people for speaking out.

Selectman W.T. Barlow has received phone calls from individuals that have chosen not to sign petition for the recall. They feel like they’re being harassed, people asking for signatures are going over the limit by going on and on why they should sign for the recall. He knows not everyone shares their opinion; some people don’t like to sign their name to anything especially if they are not familiar with it. A lot of people go to work, come home and it’s not in their life’s blood whether a Selectman is elected or not or recalled or not.

Selectman Zuern felt people are afraid to do certain things and don’t think too many people are afraid of the Board members.

There was continued discussion on the recall petition.

Joe Agrillo inquired about the citizen appointment to review the functions of the DNR.

TA Guerino said that since the minutes of the last meeting were approved, he would go forward with the notification in the newspaper soliciting citizen’s interested citizens for the citizen at large to serve on the Committee to review the functions of the DNR.

Correspondence

Selectman LaFarge read the correspondence.

Set Up Joint Meeting With Planning Board to Discuss Cape Cod Commission

TA Guerino said a letter was received from the Planning Board regarding a vote taken to take initial steps to withdraw from the Cape Cod Commission and seeking the Selectmen’s support.

Selectman LaFarge recommended that the Cape Cod Commission be invited to the meeting.

Selectman W.T. Barlow said everyone has their own opinion on the Cape Cod Commission, but the don’t know what the general public feels. He thinks a public hearing is necessary and should be held in an area that can accommodate a large amount of people. He feels it’s a major consequence to the community and the citizens should express their opinion on whether the Town should withdraw or not from the Commission

Planning Board Chairman, Chris Farrell said that’s why they wanted a meeting with Selectmen first to discuss the process and steps to be taken.

Selectman Zuern saw the meeting with the Planning Board as preliminary for discussion purposes. The Cape Cod Commission Representatives should be invited to participate in the discussion and then open to the public without taking any stands.

Supt. Ed LeFleur will locate a facility larger enough to accommodate citizens, Planning Board Members, Cape Cod Commission Representatives, Board of Selectmen and Town Administrator.

Library Presentation

Anne-Marie Sirooian, Library Trustee and Chairman of the Building Committee for the expansion of the library and Trustee Irene Sundquist presented the cost estimate proposal for the project.

They are requesting the approval of 2 articles; 1) approval for the surplus land (pending Town Counsel revision) and 2) appropriating money for the renovation and expansion of the library.

Ms. Sirooian publicly thanked the community for their support. They have gone through many hurdles to bring this project to Town Meeting. Tonight they are again asking to approve or disapprove the fate of the expansion and renovation project. The Selectmen were handed a package containing issues and responses that the Finance Committee and Capital Outlay Committee had. Included in the packet was a letter from the architectural firm of Lerner/Ladds & Bartel’s, Inc. They feel the figures provided for the project are sufficient if it is done within the timeframe set.

TA Guerino said they have more than several thousand dollars set aside for escalation costs.

Ms. Sirooian said they have $1.2 million for actual construction costs.

For clarification, Selectman G. Barlow said the Capital Outlay Committee recommended that this go forward to the Selectmen and Town Meeting, which is different from approving.

Selectman Zuern asked when the project needed to start? Ms. Sirooian said there is no timeline for the project as they are 19 on the waiting list. If the timeline goes according to plan, they are looking for construction to begin in October/November 2007.

Selectman W.T. Barlow said that the articles go to Town Meeting and that hopefully the Board passes a debt exclusion question to be placed on the ballot and asked if would be subject to receiving a certain amount of the grant?

Ms. Sirooian said they were guaranteed the state funding. The disbursement is different than from the schools.

Irene Sundquist went over the grant agreement in the package submitted to the Selectmen.

Selectman W.T. Barlow specifically asked if they had the money now? Both Ms. Sundquist & Ms. Sirooian said they did.

Diane Ranney said the State has placed them on the waiting list, which means they do not have to reapply for the $2.4 million again. The State is now only giving money to the first 7 names on the list. They don’t have the $2.4 million handed to them. By applying for the grant, it guarantees them for every funding ground that takes place, money will be given to the people on the list and is guaranteed unless the State completely goes out of business.

Ms. Ranney further explained the LSTA and the Library Construction Fund.

Selectman LaFarge said both the Federal and State Governments work on a one-year appropriation – 2007 is not funded. If it is in the US Treasury, it is not funded. Congress can only appropriate for one year.

There was further discussion on whether the money was readily available.

As part of the motion, there would be wording not to exceed the $4,750,000 contingent on receipt of funds from the Library.

The article regarding surplus land is pending Town Counsel’s approval.

Selectman W.T. Barlow made a MOTION, SECONDED by Selectman LaFarge to put the article forward subject to the School Committee vote on the land. UNANIMOUS VOTE

School Building Committee

Supt. Ed LeFleur explained that the escalation costs have gone up double digits since 2003 for the proposed new school and then followed up with a power point presentation.

The architect explained how they got to where they were on the project that began in January 2003. A preliminary submittal was for a maximum building of 135,000 square feet for $125 per square foot. In March of 2003 the State had a priority list with Bourne number 1 on the list. The School Committee then went forward to Town Meeting followed by a referendum vote. He then went through why the costs have risen. The revised project cost is now $32,110,450 with the Town appropriation of $26,850,000 leaving a $5,260,450 short fall.

School Business Manager, Hans Baumhauer said the figures were put together by the Finance Director and Treasurer. He further went through the power point presentation with the new MSBA (Massachusetts School Building Assistance) rules and process.

There was a discussion with School Building Committee Chairman, Mary Jo Coggeshall. She said that after last weeks meeting, the Committee thought that it would be advantageous to go to Town Meeting with actual bids and to move forward on the project, at a Special Town Meeting, rather than the Annual in May.

Selectman W.T. Barlow asked whether they were looking for the bids for the Fall or a Special Town Meeting between now and the Fall? Ms. Coggeshall said they should have the bids in hand by mid-August. Selectman W.T. Barlow thought this was significant enough to call a Special Town Meeting.

Selectman Zuern said she heard that they thought they could go as far as the second week in September.

Supt. LeFleur said it had to do with the pre-qualification process and further explained the process.

TA Guerino said they’ve received the determination that the overrun is significant enough where we will need both a town meeting vote and debt exclusion override.

Ms. Coggeshall said they would actually have bids in hand by mid-August.

There was further discussion with on the bonding, interest rates and process.

Selectman LaFarge said the project cost goes up $5 million, but it’s a wash for taxpayers and feels that the taxpayers need more explanation.

Jim Mulvey asked who pays for access road and curb cut.? Supt. LeFleur said the access and curb cut are being totally funded by the state. The design and the utilities will be the school’s responsibility.

Review of Articles

An overview of zoning articles was presented by the Chairman of the Planning Board, Chris Farrell.

There was discussion on the screening process and site plan - special permit requirements.

Selectman W.T. Barlow raised concern over Section 1241 Rescission and further made a MOTION, SECONDED by Selectman LaFarge that Section 1241 Rescission be reviewed by Town Counsel. UNANIMOUS VOTE

TA Guerino reviewed Articles 1, 2, 3, 4 , 5, 6, 7, 8, 10 (with a note that the petitioner was the original sponsor and not by the Board of Selectmen), 11, 12, 13, 14, 15 (being pulled), 16, and 17 (TA Guerino asked that the article be removed from the warrant). Article 18 needs to discussion. It is approximately a $670,000 problem to the Town. $70,000 will be taken up by the Finance Committee to address electrical through a Reserve Fund Transfer. He thinks the Town may be eligible for up to $67,000 in insurance reimbursement if they can determine that it was wind damage. If reimbursement is received, it goes into an insurance claims account and needs to be voted out of that account. He spoke of the options to which the Board could choose; i.e., debt exclusion, capital and borrowing, or stabilization, free cash or to take $600,000 out of the budget. TA Guerino’s recommendation is to go through capital and bond, contingent on funding.

Selectman W.T. Barlow asked what was needed to function this spring? TA Guerino said basically it was electrical being put in right now. Some reconstruction has been done, the gate has been moved, boards will be put in for access to the finger piers and electrical is needed for approximately $70,000.

Selectman W. T. Barlow then asked what the $600,000 was for and TA Guerino said it was the complete renovation for the next season. If the reconstruction for Monument Beach is going to be done it needs to be appropriated at this town meeting to move forward.

There was further discussion and Selectman W.T. Barlow made a MOTION, SECONDED by Selectman LaFarge to defer some of the articles until next week. UNANIMOUS VOTE

Licenses/Permits

Selectman G. Barlow excused himself.

Mashnee Island Beach Club – Seasonal License

Manager, Eric Bevins represented his establishment. His operation runs from May 4^th through October 31st.

Dan Maneikis, 87 Mashnee Road, spoke against the acoustical of the music in violation of the zoning bylaw under 3410. He said he wanted peace and quiet and is not against the restaurant. He said it goes on every weekend that he is open.

Eric Bevins said they are doing their best. He said the during functions, they ask their managers to walk the property towards Mr. Maneikis’ house as well as others and make sure the levels are appropriate.

Selectman LaFarge has heard it himself and can hear it more than 100 feet away. They could not deny the license for what may happen, but they should be enforcing the zoning bylaw should it happen. He said everyone has the right to object if the law is being violated and further asked what more he could do to insure they would not be in violation of the bylaw.

Mr. Bevins said besides being a good neighbor and putting their word out there, he agrees that everyone has the right to that and has stated that in the past. He has tried to work with Mr. Maneikis to make sure it is at a comfortable level and will continue to do so.

Selectman W.T. Barlow said the last time they went through this, neighbors came in and spoke in favor with a difference of opinion regarding the noise.

Selectman LaFarge said there was no difference of opinion on whether you could hear it beyond the 100 feet, but that it bothered some and others it didn’t.

Dave Boker, 184 Captains Row, spoke last year. He said you build next to restaurant; you’re going to hear restaurant noise. He can’t see are where there were any violations that he has broken. He said Eric was great for neighborhood.

Timothy Jones lives up street from the restaurant. When the wind blows, and it’s northwest, he’s not going to hear anything, If the wind is southwest, he said it can be heard as if it were right next door. He doesn’t see why the other neighbors closer than Mr. Maneikis are not upset about it.

Selectman LaFarge said that it’s the rule of law where you can’t have music that’s heard more than 100 feet. If everyone likes it, then the law needs to be change. If one person says he violates the law, that’s the difficulty. He’s complained it’s too loud, too often. He said he should take extra steps to comply with the law at least so Mr. Maneikis does not complain. The prior use of the restaurant did not involve the current music it does now.

Selectman Zuern said the same thing has been done with other restaurants where complaints have been filed. She said if she received complaints, she would vote right away to either discontinue the entertainment or to discontinue all entertainment that has loud speakers and acoustics. It is up to him to see that the music is not heard 100 feet

Selectman W.T. Barlow said the Pacheco’s on Taylor’s Point had the same type of situation and suggested he talk to them to try to resolve the situation.

Selectman LaFarge made a MOTION, SECONDED by Selectman W.T. Barlow to approve the Seasonal Licenses for Mashnee Island Beach Club. SO VOTED

Chart Room – Selectman W.T. Barlow made a MOTION, SECONDED by Selectman LaFarge to approve the Seasonal Licenses for the Chart Room. SO VOTED

Use of the Buzzards Bay Park – BBVA - Diane Flynn requested use of the Buzzards Bay Park in a 12x 20’ area to the left and forward of the Gazebo for the placement of the BBVA’s Whale which is part of the summer event with the Cape & Islands Whale Trail from May 21st through the end of September.

Selectman LaFarge made a MOTION, SECONDED by Selectman Zuern to approve the request. UNANIMOUS VOTE

Best Buddies – 7^th Annual bike route starting at the JFK Library to the Sagamore Bridge and ending at the Kennedy Compound on Saturday, May 20^th, 2006.

Selectman LaFarge made a MOTION, SECONDED by Selectmen Zuern to approve the request subject to the requirement that they remove whatever signage they put up. UNANIMOUS VOTE

Annual Bourne Scallop Festival - 9/13/06 – 9/27/06

Selectman W.T. Barlow made a MOTION, SECONDED by Selectman LaFarge to approve the Annual Bourne Scallop Festival from 9/13/06 – 9/27/06 subject to obtaining the Certificate of Insurance. UNANIMOUS VOTE.

Capital Outlay Working Group

To be on the agenda for April 4 and will be done by Executive Order.

Town Administrator Review Summary

Chairman Cheli said they have a completed summary on the Town Administrator’s evaluation consisting of 5 categories from a low of unacceptable to needs improvement, satisfactory, commendable and outstanding. TA Guerino’s score fell under the commendable category. The Chairman has the whole report and how the Selectmen voted by number and not by name.

Town Administrator’s Report Eric Beers was appointed as a laborer in the DPW at a Grade 1, Step 1 with no 15-day waiver. A letter was received from the Brownfield Maine Fire Department indicating their interest in the conveyance of a 1979 Ford 350 mini-pumper at the DPW. There is no further interest in its use by the Town and has been declared surplus. If the Selectmen are interested in conveying it for $1.00, it will have to be put on the April 4 agenda.

Selectmen’s Reports

Selectman Zuern announced an SMB meeting at the Best Western on March 22 and Carnival on March 24.

Selectman G. Barlow spoke of the COL Committee meeting earlier today.

Selectman W.T. Barlow – no report

Selectman LaFarge – no report

Chairman Cheli mentioned Carnival on Friday March 24^th at the Brookside Club to fund scholarships and other community projects through the Women’s Club. Tickets are available through Chm. Cheli or Diane Flynn.

Adjourn

Selectman LaFarge made a MOTION, SECONDED by Selectman W.T. Barlow to adjourn at 10:00 p.m. UNANIMOUS VOTE