Selectmen’s Minutes

August 15, 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

Jamie J. Sloniecki, Clerk

Judith Conron

John J. Harrington

Stephen F. Mealy

Call the Meeting to Order

Meeting was called to order at 7:00 P.M.

Moment of Silence/Salute the Flag

Chm. Zuern welcomed the new members of the Board of Selectmen, Dr. John Harrington and Stephen Mealy.

Chm. Zuern thanked Skip Barlow for his dedication and serving as a Board member for the last 2 years and 4 months.

Selectman Mealy asked that a letter be sent to Skip Barlow thanking him for his years of service to the Town.

Fill vacancy in Vice Chair for the Board

Selectman Sloniecki made a MOTION to nominate Stephen Mealy for that position – the motion was not SECONDED

Selectman Harrington made a MOTION to table the motion until the next meeting. SECONDED by Selectman Mealy.

Since there was no SECOND to the motion, TA Guerino said there was no need to table, but it would be appropriate to move place this on the Board’s next agenda.

Selectman Harrington said the Rules of Procedures call for reorganization after the annual election. He hoped that any Board members between now and the next meeting would submit a note to the TA indicating there desire to serve as an officer together with their qualifications. It has been his experience that without an application process, there is an appearance of a violation of the Open Meeting Law.

ChairmanZuern said that it has never been done before. She said it could be put on the agenda if that was the will of the Board and do a full reorganization if that was what they wanted.

There was further discussion on the process and TA Guerino suggested that any Board member interested in serving as an officer to submit a letter in writing to the Selectmen/Town Administrator’s Office for inclusion in the package for the next meeting.

Public Comment – Non-Agenda Items

The new Library Director, Patrick Marshall was introduced and welcomed to Bourne. Mr. Marshall was the former Director of the Medway Public Library.

Mr. Marshall was asked by the Library Trustees to attend the meeting, introduce himself to the new members and as a courtesy let the Board know of their intent for a recount on the ballot question.

Joe Agrillo welcomed the new members and wanted to see them move forward.

Hal DeWaltoff, Finance Committee Chairman, congratulated the new members. He gave a brief report on the July 11 Finance Committee meeting where the discussed the potential of a new 40B project and its future impact on the Town of Bourne.

There was a discussion on 40R’s and the return of monies back to the Town under certain conditions.

Pauline Townsend spoke and read the petition she filed for the October Special Town Meeting seeking to abolish the Canalside Task Force.

Paul Bushueff welcomed the new members and said he had the utmost confidence in their abilities to be a part of the team. He then read a statement to the Selectmen on being “leaders”.

David Foynes said he was glad to be there and proud at what he sees. He said they now have a Board that the citizens can be proud of and further read a statement on moving forward.

Lucia Fulco agreed with the other speakers and the need of their expertise. The charter amendments did not make the formal session but she has been assured by Senator Murray’s Office that they will be taken up during the informal session.

Correspondence

Selectman Sloniecki reviewed the correspondence.

All correspondence is on file in the Town Administrator’s Office for review.

Comments on Correspondence

Selectman Zuern asked the Town Administrator whether there was a need for the Cable Advisory Committee to look at the contract with Comcast?

TA Guerino said it may make sense to review, but when Comcast acquired Adelphia they acquired all the licensing agreements as they were negotiated.

Selectman Conron asked if anything had been done on the dumping on Town property? TA Guerino said both he and Rickie Tellier had gone to the site and are in the process of cleaning it up and have responded to the citizen concerns. They are looking at a way to negotiate with the railroad to try and put blockage up there. The question is the access that the Fire Department may need.

TA Guerino spoke on the letter (Newton Holdings) regarding the secondary access to the proposed elementary school.

It was questioned whether the letter from the Coalition of Buzzards Bay regarding two areas of Bourne being listed (Little Buttermilk Bay and Pocasset Inner Harbor) was being forwarded to the Local Pollution Task Force and Conservation Commission.

School Building Authority – It is contingent on what happens with the 2% loan money and is a result of the increased construction cost of schools across the Commonwealth. If it is passed in October, the TA will move forward with the Treasurer, Finance Director and School Administration to move forward to secure the 2% money.

The letter from Massamont Insurance regarding the wind/water loss on December 9, 2005 - The TA has been working with Mark Santos (Hart Insurance) to secure a $50,000.00 loss payment as opposed to a $17,000.00 payment. They have appealed to the insurance company that it was not a water driven event, but rather wind driven. They have not budged. He will be recommending to the Board in January that they again bid out the town’s general liability insurances and ask the Massachusetts Interlocal Insurance Agency through the MMA to bid also.

Bill Palm was thanked for being on the ad hoc DNR Committee and for his comments and observations.

Licenses/Permits

a. 7:15 p.m. Transfer in Liquor License, Smitty’s Sports Pub to Cape Boulevard, LLC.

Notice of hearing read into the minutes.

CORI checks were completed and applicants have been trained in Alcohol Intervention Methods.

Attorney Kevin Flannagan represented the applicants.

It is the intention of the applicants to revitalize the sports bar, renovate the interior and make significant changes and upgrade the business to more of an eating establishment with entertainment.

He also said that within 30 days they will submit a commitment letter from the fire engineers for the installation of a new fire system and have it installed before the compliance date.

Selectman Sloniecki made a MOTION and SECONDED by Selectman Conron approve the transfer request as requested with the conditions imposed by the Fire Department.

UNANIMOUS VOTE

b. Entertainment License – Flip Flops Café

Kathy MacDougal, Mgr. requested a Sunday entertainment license from 11:00 a.m. to 1:00 p.m. with entertainment (guitar player) on the porch, weather permitting.

Selectman Conron made a MOTION and SECONDED by Selectman Mealy to approve a guitar player on Sundays for Flip Flops Café. UNANIMOUS VOTE

Review and Signing of Warranty Easement Deed for Puritan Road Bogs Welands Preserve Program.

Article 24 of the May 2006 Annual Town Meeting authorized the easement by unanimous vote. The Conservation Agent has been working with Bernadette Tabor from the Natural Resources Conservation Service.

The warranty easement deed would allow the development rights of the 23.66 acres of land (formerly the Cape American Cranberry Bogs) to the Federal Government through the USDA NRCS. The land was undevelopable and purchased with Open Space Funds in 2003. The land has since been transferred to the Conservation Commission under their care, custody and control. The Town will now be able to have the federal government pay for 100 percent of the costs for the proposed wetland restoration of the property.

After further discussion on the property, Selectman Conron made MOTION, SECONDED by Selectman Mealy to execute the Warranty Easement Deed as authorized by Article 24 of the May 2006 Annual Town Meeting. UNANIMOUS VOTE

Paul Busheuff spoke on Heidi’s excellent performance with the Town.

The Board thanked Heidi for her work on the Commission and wished her well in her continuing education.

Further discussion regarding request of the Stranding Network.

TA Guerino was asked by the Board of Selectmen to come back with a price proposal for the carcass waste disposal. TA Guerino read a memo from Brent Goins with his recommendation of a $44.00 per ton starting fee with an annual upward adjustment on July 1 based on the change in the Boston Consumer Price Index for the year prior from March to March.

The only other recommendation TA Guerino had was to limit the amount proposed by the Network to 4 ton after necropsies. He said that gets into the discussion of one large mammal or several small mammals, but still holding the limit on the tonnage placed in the landfill.

Selectman Conron asked what the normal disposal rate was? TA Guerino said in the $70’s. They were looking for a non-profit rate. The Board was not willing to donate air space, but wanted a reasonable rate based on the Town’s costs were and they felt that a cost plus 10% for this non-profit would be a reasonable amount.

Selectman Conron referenced the letter stating the disposal cost of $95/ton and the value of the donation from the town would be approximately $500.00 a year.

TA Guerino said the Board chose not to make it a free service, they chose to make it at a cost to at least cover the cost of the disposal. The Town will not be loosing money.

There was further discussion on the number of animals brought in each year and the charges.

The budget for the Stranding Network is $300,000.00 - 400,000.00 a year and they serve between 200-250 mammals with a 3-4 person staff.

ChairmanZuern felt they were losing some money by giving up that space at that rate.

TA Guerino said that particular waste will decompose and degrade in a very short period of time, thus not taking up any air space.

Selectman Conron thought the public should be heard from and suggested that this be held over to hear from the public.

Selectman Mealy said that if you charge the full $75.00/ton rather than the $44.00/ton it still is a substantial savings to them.

TA Guerino said they responded to a request from the Board as to what the cost was and what Brent Goins thought would be a reasonable disposal fee and presented it to the Selectmen for their deliberation tonight.

Selectman Zuern thought it should be increased a little ($70/ton) and that it would still be a reasonable charge.

Selectman Harrington questioned how many tons were brought into the landfill? TA Guerino said about 825 tons a day - much of which is put into the C&D and 300 tons into the landfill. He felt that supporting the Marine Life Center is supporting Buzzards Bay and felt positive toward their request.

TA Guerino said the Stranding Network’s limit is 8,000 pounds and that tonnage has not been discussed with NMLC.

Richard LaFarge suggested they should be focusing on the $3 million and said that’s what the landfill generates for the Town of Bourne each year.

He said there is an on-going serious odor problem at the landfill that comes from the wallboard. The whale carcasses will smell as they decompose. He said it was nice gesture to be kind to a nonprofit, but remember the Town of Bourne comes first. If we are increasing the risk of closure of the landfill but even 1%, we are doing the wrong thing.

Helen Bresnahan was concerned with the odors regarding the necropsies of the carcass waste. She asked if there had been any tests or studies as to how long the breakdown of the soft tissue would take? She also asked if other landfills accepted carcass?

TA Guerino said the Commonwealth requires a permit for this and is sure that DEP has records.

Kathy Zagzebski said they have been told that it is stripped down in 1-2 weeks from insects.

Mary Jane Mastrangelo commented that the Board should not be making a decision on the per time cost, but rather on policy and how and what basis the fees to this group should be charged and the odor issue.

Jim Mulvey suggested they should figure a break even and suggested that there be an agreement on a temporary trial basis with a right to terminate based on the input of the Board of Health, etc.

Elinor Lundry, hoped the board would see a positive slant and give them an opportunity to try disposing of mammals in the landfill for a certain amount of time.

Paul Busheuff said they take a while to decompose, but once their buried there is no odor. Do it for a period of time and have the town revisit it.

There were various speakers on the subject.

Selectman Conron made a MOTION, SECONDED by Selectman Sloniecki to allow the Stranding Network to bury their carcasses at $44.00 per ton ($40/ton & 10% cost plus for this organization) and further that this should be done for one year and check the odor situation and if there is no detectable odor, it could go on without another major conversation. The limit to be up to 5 tons. UNANIMOUS VOTE

CanalSide Task Force Proposal

Richard LaFarge, Chm. of the CanalSide Task Force, reported that the Cape Cod Commission has given approval for the commercial aspect for CanalSide Commons. He understands that Mr. Cubellis plans to build a large 40B development in two stages and when completed there will be 600 homes. The Task Force will move forward and present an article to the town meeting requesting approval of a ballot question, which will ask whether the town wants to acquire the property.

Selectman Conron made a MOTION, SECONDED by Selectman Harrington to place the article from the CanalSide Task Force on the warrant asking the Town Meeting to approve a ballot question asking whether the town wants to buy CanalSide. UNANIMOUS VOTE

Scraggy Neck Winter Maintenance Recommendations

TA Guerino referenced 3 opinions from Town Counsel regarding this issue. The town 3-4 years ago commenced charging residents at Scraggy Neck a fee for some municipal services because the roads on Scraggy Neck were closed to the general public during the peak summer months, there is a guard house and signs posted which limit access to the general public and based on Town Counsel‘s opinions and the MGL, if the access is limited, the town may assess fees for general municipal services because there is no full public access.

Over the past several years there have been a series of fee structures proposed.

The first two years the town charged a low fee and based on the Blizzard 2005 the Selectmen last year chose to institute a policy of $900.00 per storm when the Highway Department was called out. Last winter was not hard and a lot of the events they were called out for were sanding and not plowing.

They met with Mr. Payne to try and determine a more equitable and reasonable tiered system. They came up with a plan that takes into consideration a number of things and what an event is. They came up with a tiered fee structure, which calls for a normal event of 8 inches which requires a full application of service; salt and sanding event; and a spot sand. The proposal has been brought before the Scraggy Neck Association by Mr. Payne. They agreed that it was a much more reasonable way of doing business.

There was question as to multiple events and what does that mean and how do they take care of that. He added some wording that talks about more than 1 event in a 24 hour period, if it’s a large event and they are out for 24, 36, 48 hours at a time there will be an additional charge other than a normal or double storm. TA Guerino believes this is a very reasonable, thought out proposal which encompasses what they need to do out there and provide some differentiation as to the amount of effort that needs to be put into different types of events. He hoped the Board accepts the agreement that they’ve come to with the Scraggy Neck Association and move forward.

ChairmanZuern said the cost from the winter storm 2 years ago was $20,230.00 and what was charged was $5,750.00. She thought it to be a reasonable request with the various categories.

Selectman Conron said this is a topic that has bothered her over the years. She said the Town accepted Mass. General Laws, Chapter 40A where the town may appropriate money for the removal of snow & ice on private ways which are open to public use as designated by the Selectmen. She said the key issue is that they are open for 10 months of the year for everything to pass over and for 2 months of the year only automobiles were not allowed.

She lives in Gray Gables and the Dike beach is similar, but not exactly. The dike beach is owned by the Government, but the road is maintained by Mashnee Island. People are welcomed to go to the dike beach if they walk, take a bike, or boat, but cannot actually park their car there, but is considered a beach of public use.

She said the people on Scraggy Neck paid 4.6% of the total town taxes in 2006. The limited question is, do we think that these roads are open to the public and she felt you could go either way on that. She would tend to go the way that allows the Town to plow the roads like they did for many years before 2003 when the started charging.

Chairman Zuern said they had those same arguments at other meetings and had discussions with people from Scraggy Neck. The law specifically states that they must be open to public use and all they would need to do is

take the guard shack down and open it up the other 2 months.

Selectman Conron’s point of view was that it is open to public use if you can walk there.

TA Guerino went back to the Board’s current policy and paraphrased the vote taken by the Board of Selectmen to discontinue the plowing of private ways not open to the public access by means of a guardhouse, gate, fence or prohibited sign and stated examples of prohibited signs.

The Board of Selectmen voted the policy 5-1 in October 2003. He said there was a thought last year that the cost was prohibitive given the type of winter and type of charges that were in place. If the Board chooses to change its policy it would be the TA’s job to adhere to that policy. What is now before the Board is what is considered to be acceptable to both parties and up to the Board to determine what the policy would be.

Selectman Sloniecki asked if they were being asked to vote on changing the policy or accepting the fee structure as presented?

TA Guerino said it was his intent for the Board of vote on the fee structure.

Linda Nilson spoke in support of the Town to continue the snow plowing even though they had to pay for it while they try to figure out how to get back to where they were before 2003. She said they are actually open to the public 12 months. The only exception has been during the hours from 8:00 a.m. to 4:00 p.m. during the week for prohibiting vehicle traffic other than business traffic. Everyone is welcomed to Scraggy Neck by foot, bicycle, roller blade and motorcycle. The vehicle traffic is allowed before those hours and after those hours. She said there is nothing there for them other than to go around the loop and enjoy the sights. Safety is their highest priority and has been and will continue to be. She asked that if the present proposal is not cast in stone, they would appreciate it if the Board reviewed it and get back to them before the winter sets in.

TA Guerino said the issue before the Board is public access and the statute and referenced Attorney Troy’s opinions and former TA Griffin’s letter. He said should the Board chose to amend the policy, it can be done at another meeting.

Donald Cunningham said he has been going to Scraggy Neck for 50 years and has been asked to leave in the winter many times.

Joe Agrillo suggested working out a formula and dividing it by 12 and charging them for the balance.

Betsy Ware wanted everyone to be treated fairly. She said their beaches were private, they pay taxes on their property, beaches, causeway, anchorage and association fees to maintain the properties. They pave their own roads because they want them to remain private. She said she didn’t want the decision to be driven by the Chairman, but the decision driven by the people.

TA Guerino clarified that there are many miles of roads in Town that are owned and maintained by private residents and it’s not just Scraggy Neck.

Mary Jane Mastrangelo gave a brief history of Scraggy Neck and the plowing. She said it was in late fall that the residents were notified that their roads would not be plowed and they had to hire a private contractor. They met with the Board and asked them to please plow their roads and they would help with the cost. The cost figure at that time was $250.00 per event. The following year the TA went to the Board of Selectmen with the cost of the previous year of 23 events with the average cost of $900 per event.

Ms. Mastrangelo met with the DPW Director and discussed what they felt was fair to the residents and came up with $450.00 per event.

The Board felt that the cost should be $900.00 per event based on the cost for last year.

She felt the Board of Selectmen should make a policy decision on fees for Scraggy Neck and not charge the full cost of plowing their roads because they keep them closed 2 months out of the year.

Chairman Zuern read the agreement and said the fee structure is being discussed and not the policy.

Chairman Zuern said the TA met with residents of Scraggy Neck and their was an agreement to the fees and now she was hearing tonight that there was not an agreement with those fees.

It was felt that the Association needed to leave the meeting with an agreement and would like a commitment from the Board to revisit the policy.

Selectman Harrington made MOTION, SECONDED by Selectman Sloniecki to move the fee schedule as proposed by the Town Administrator with the understanding that the policy will be reviewed at a further meeting. SO VOTED.

Selectman Mealy said they just voted to let non-residents dump dead whales in our landfill and we subsidize it and now there are residents that are paying taxes and we are not willing to work with them. They are trying to work with the Board and trying to come up with an agreement and questioned why the decision had to be made in August.

TA Guerino said the Scraggy Neck Association had asked them to move this along so that they would know whether they needed to line up a private contractor for the winter season.

There was further discussion on the fee schedule and policy.

TA Guerino will contact Town Counsel for clarification of his opinions on public access.

Certificate of Vote for School Debt Exclusion

Same wording as original Debt Exclusion and has been reviewed both Town Counsel and Bond Counsel. Selectman Mealy made a MOTION, SECONDED by Selectman Sloniecki to sign the Certificate of Vote. UNANIMOUS VOTE

Change date for the Special Town Meeting from Monday, October 2, 2006 to Tuesday, October 3, 2006.

The requested change in date is that October 2 is Yom Kippur, a high holy day in the Jewish faith.

Selectman Conron made a MOTION, SECONDED by Selectman Mealy to move the Special Town Meeting from Monday, October 2, to Tuesday, October 3, 2006. UNANIMOUS VOTE

Discussion of purpose of Mass Highway, DEP participation on 8.22.06

TA Guerino informed the Board that next week representatives of the DEP, MassHighway, Tom Cahir and Mr. Cubellis will be before the Selectmen to discuss the Bourne Rotary issues. Selectman Sloniecki recommended that DEP be invited for possible issues related to the landfill and other environmental factors.

A question was raised at a meeting as to whether there had been discussion between the proponent of the CanalSide Project and MassHighway as it relates to the reconstruction and reconfiguration of the Bourne rotary. There is no discussion-taking place on the proposed project. It is strictly related to the rotary and the traffic issue and how that is being addressed by MassHighway and EOTC and how it relates to the project. The meeting is dealing specifically with the Rotary traffic and not the project.

The questions posed to MassHighway relative to the meeting conducted 2-3 weeks ago was specific. A year ago, the Lt. Governor was in Bourne and discussed a major bonding issue by the Commonwealth relative to infrastructure first. It dealt with monies set aside in a bond issue relative to the rehabilitation of the Bourne Rotary Traffic Circle problems.

Dave Ellis from DEP will address the impact of any proposed development in that area and how that may effect the landfill.

Len Cubellis will be in attendance because there will be discussion relative to the project as it has now been permitted and how does that impact and what discussion, if any, has been taking place between MassHighway and the proponent.

The discussion will be on traffic and infrastructure of the Rotary.

There was further discussion on the scheduled meeting for August 22.

Donald Provost spoke of a plan done for MassHighway by Rizzo Associates and hoped that the Board would ask questions about that plan.

Board Operating Procedures – will be on the September 12^th agenda.

Town Administrator Report

The Massachusetts Air National Guard will be getting a ground station unit at Otis and it will bring up to 390 positions.

Letter from Arthur Donahue, Jr. commending 2 EMT’s Ronald Eldridge and David Pelonzi. The letter of commendation will be placed in their file.

He spoke of the number of thefts from property in the Hideaway Village area recently; i.e., boat and the Police Department was able to confiscate and place those under arrest. The DNR worked well them.

Brandon Esip is the last candidate for the Police Academy scheduled for October 16. He recommended that the Board offer a conditional offer of employment to him waiving the 15-day period.

Selectman Sloniecki made a MOTION, SECONDED by Selectman Harrington to approve the request as presented. UNANIMOUS VOTE

The Local Unions have provided him some cost saving ideas throughout the municipality.

He awarded construction of the Phase 3, Stage 3 landfill closure and leachate storage tank for ISWM. The award went to Robert B. Our Company, the low bidder.

He had signed on to a 2-year agreement with Keyspan through Hess for natural gas for the municipal buildings.

The Town Administrator will attend an ICMS Conference in Texas from September 10 –14.

Other Selectmen Business

a. Appointment Selectmen’s representative to Capital Outlay Committee - will be placed on the next agenda.

Appointment of Hunter Scott, to Ad Hoc Committee to the Review the DNR Functions. Selectman Conron made a MOTION, SECONDED by Selectman Harrington to appoint Hunter Scott to the Ad Hoc Committee to Review the DNR Functions as the Shore & Harbor Committee’s Representative. SO VOTED – 1 abstention

Chm. Zuern spoke of an opinion from Town Counsel regarding executive session minutes and asked to reserve a space for an article in town meeting for executive session minutes.

Selectmen’s Reports

Selectman Conron spoke on the 21^st Century Task Force for the Cape Cod Commission. The Committee is in the process of looking at their recommendations and said if the Selectmen would like to complete the survey form and indicate their position on the 71 recommendations she had a form they could complete. She thought it was a good idea to discuss the findings. She asked that the Town Administrator to put it in the Selectmen’s Packets and possibly put it on the Selectmen’s agenda.

Selectman Conron said if they are required to take a course under the Massachusetts Emergency Management Agency, they need to know where and when they can take the course, with the exception of Chairman Zuern.

TA Guerino said they are working with another community to have training in Bourne. The course is not only for elected officials, but departments as well. Barnstable County will do the training at no cost to the Town of Bourne.

She also asked that the proposed wind energy bylaw be placed on the Selectmen’s Agenda for discussion

Selectman Mealy thanked the residents for their support in the election and said it was an honor and privilege to serve the Town.

Selectman Sloniecki passed.

Selectman Harrington thanked the voters for their confidence.

Chairman Zuern spoke of the Board’s goal setting sessions and that they should have them by September 12. She also spoke of a letter from Bill Palm regarding an article in the newspaper about boats being cut loose.

Selectman Sloniecki made a MOTION, SECONDED y Selectman Harrington to adjourn at 10:30 p.m. UNANIMOUS VOTE