Board of Selectmen
August 22, 2006
Bourne Veterans Memorial
Community Center
239 Main Street
Buzzards Bay, MA 02532
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Town
Administrator:
Thomas
M. Guerino
Board of Selectmen
Linda
M. Zuern, Chairman
Jamie
J. Sloniecki, Clerk
Judith
W. Conron
John
J. Harrington
Stephen
F. Mealy
Call to Order
Salute the Flag/A Moment of
Silence for our Troops
Selectman
Conron made a MOTION and SECONDED by Selectman Sloniecki to
approve the minutes of August 1, 2006 as amended. UNANIMOUS VOTE
Selectmen
Mealy and Harrington abstained
Lucia
Fulco commented on the Reverse 911. Thanked Chairman Zuern and everyone else
who
was
involved.
Administrator
Guerino said it was reported in the paper that the town would appropriate
$15,000 for the Reverse 911. The Town has appropriated the monies at the Annual
Town Meeting. The cost is $5,000 per year and not $15,000 per year for the
phone lines. Chairman Zuern said there are also monies from MIRANT and other
fundraisers to pay for the phone lines for the next 2 years. Thanked all the
fundraisers and everybody for their donations. Cindy Coffin did a tremendous
job in getting a $52,000 grant to help fund the Reverse 911.
Charlie
Miller asked Administrator Guerino for an update on the seawall at Chester
Park. Administrator Guerino said we are going before the Conservation
Commission with a plan at their next meeting. Assuming we get approval for the emergency
order, the DPW will immediately commence reinforcing the wall. This will be a
temporary fix to get through the winter. Depending on the cost, there may be a
need to have a Capital Outlay article for the Annual Town Meeting.
Phyllis
McLaughlin asked if there may be a possibility of not repairing that section of
the wall and let the sand build up naturally? Is putting the seawall back the
right thing to do?
Administrator
Guerino said the wall is in bad shape. The last time there was a problem with
the seawall, it was encased in concrete with no areas left for drainage, it
undermined and this is why it eventually failed.
Selectman
Sloniecki read the correspondence
Chairman
Zuern said there was an e-mail from Karen Pereira regarding illegal dumping.
Administrator Guerino said he would report on this during his Administrator’s
Report.
Chris
Sherman, Manager of External Affairs said MIRANT has been ordered by DEP to
provide $20,000 to the Town of Bourne for a School Bus Program, which requires
the installation of diesel oxidation catalysis on buses that are used by the
town for the transportation of school children.
Administrator
Guerino said since the town is in the last year of our transportation bid, we
would like to defer this until the new bids are awarded. This would allow
busses to benefit over a three-year period as opposed to one-year period. MIRANT will put the $20,000 aside as it is
anticipated DEP will require this.
MIRANT
will cover all the cost for installation and will last for approximately
150,000 miles prior to it having to be replaced.
Administrator
Guerino said the town doesn’t own many of its own buses and would like to know
if our Senior Bus could have this installation even though it’s run by
gasoline. Mr. Sherman said DEP has been very flexible with the program and he
will approach them.
Chairman
Zuern thanked Mr. Sherman and company for donation towards the Reverse 911.
Licenses/Permits:
Bourne Yacht Club – 1-day entertainment license/1
day function tent
Selectman
Sloniecki made a MOTION and SECONDED by Selectman Mealy to approve
the entertainment license with the conditions as stated. UNANIMOUS VOTE
MA Highway, Executive Office
of Transportation Thomas Cahir, DEP Dave Ellis,
Mr. Cubellis regarding
rotary and traffic
Thomas
Cahir, Executive Office of Transportation and Pamela Haznar, Project Engineer
from District 5 made presentation.
Mr.
Cahir commended Chairman Zuern for her leadership on Reverse 911 and
congratulated Selectmen Harrington and Mealy on their recent victory.
Mr.
Cahir said the main focus is on the Bourne Rotary and problems associated with
the rotary. When Lt. Governor Healy was here promoting the Long Range
Transportation Plan, there was some discussion on renovations at the Bourne
rotary.
Mr.
Cahir explained the process that is required to access Federal Funding for a
project of this magnitude.
Mr.
Cahir said he is pleased that Selectman Sloniencki has been participating in
the Cape Cod Joint Transportation Committee, which is a very important
appointment. They are advisory to the Metropolitan Planning Organization and
explained their functions and responsibilities.
There
are a lot of the rotaries around the state are obsolete. When Mr. Cahir was
State Representative there was lot of talk regarding the Sagamore Rotary and
felt that although it served a very import purpose, it became obsolete and
couldn’t accommodate the volumes of traffic during the summer months. With the
efforts of a lot of people in the last several years, the Sagamore Project has
moved forward and will be done very soon.
Because
of the population growth, the Bourne rotary needs to be fixed. Resources are
somewhat limited considering all of the projects across the state. Bourne Rotary was placed in the Long Range
Transportation Plan. This is an acknowledgement that this is a traffic hazard
and it needs to be addressed. This project would be a significant, which would
require the use of Federal dollars.
Mr.
Cahir said unless there is a specific plan before them and they had the
opportunity to review the plan, they couldn’t speak or give any input. On
projects of this magnitude, it would likely receive a lot of local input.
There
are 3 responsibilities that the MPO members have: 1) develop the TIP
(Transportation Improvement Program); 2) UWP (Unified Work Program) – which is
a planning document; 3) endorse the Regional Transportation Plan every 4 years.
There are many projects that need to be done. Bourne needs to attend the
Regional Planning hearings and indicate that the Bourne Rotary is a priority so
they can get to recognize the importance.
Pam
Haznar said there is a study that is very preliminary with 2 short-term and 4
long-term alternatives for the rotary. It also addresses the CanalSide study,
which is also very preliminary. Several copies of the study were left with the
Board to review and submit comments.
Administrator
Guerino said he has been hearing from various people at Executive Office of
Transportation and Mass Highway that there hasn’t been any real discussion
relative to the rotary. After speaking with Mr. Cahir today, there has been
quite a bit of discussion on this over the last several years. Meetings have
taken place in Boston and not necessarily Taunton. Administrator Guerino said
he felt much more comfortable after speaking with Mr. Cahir today.
Cape
Cod Commission develops the Regional Transportation Plan every 4 years. They
develop all the information by going to each community, listen and hold
regional hearings. They apply evaluation criteria into the Regional
Transportation Plan and provide information to the Metropolitan Planning
Organization.
Questions
or comments on the study can be addressed to the MA Highway Commissioner and
the Project Engineer.
Len
Cubellis said he has been working with MA Highway for 9 years. A draft
Environment Impact Report was filed due to the amount of off-site roadway
improvement. There were 2 components to the roadway plan, which Mr. Cubellis described.
Selectman
Harrington asked he Mr. Cubellis if he would welcome a liaison either from the
Board or from the town to coordinate the needs of the project with the needs of
the town? Mr. Cubellis said absolutely.
Mr.
Cubellis explained how he arrived at the 85,000 square feet. This was
determined by backing into the mitigation area by the amount of trips that
would be taken off the rotary. By Cape Cod Commission standards, you need to
mitigate any trips that you create. The only way to put in this development is
to improve the flow of traffic. Calculated the number of trips that would be
taken off the rotary without the development and looked at the number of trips
generated by the development. There is a certain percentage that could be
utilized and this determined the size of the development.
The
Cape Cod Commission has issued numerous conditions. One of the conditions prior
to any building being occupied is the completion of the roadway improvements.
Chairman
Zuern asked if Mr. Cubellis has received a curb cut from MA Highway? Mr.
Cubellis said it’s still pending. There are processes that you have to go
through, but they didn’t see any issues.
Don
Provost commented on the number of accidents on the Bourne Rotary in a
three-year period.
Howard
Crow wants the Selectmen to have a chance to review the RIZZO Associates Plan.
The CanalSide Task Force reviewed a variety of proposals and were concerned
about was to improve the traffic flow within the town. It’s important for the
town to actively be engaged with the state in developing the best alternatives
for the town. It’s important that we
preserve as much of the property as possible.
A careful review of this study by the Board might raise an interest in
the town to work with the state to find out what is in the best interest of the
town.
Mr.
Cubellis said the full traffic study including the residential portion has been
submitted to the Cape Cod Commission, which was part of the process that he had
to go through.
Sandy
Goldstein reviewed and commented on the responses and comments made by the
Preservation of Cape Cod.
Helen
Bresnahan asked if the draft copy of the Conceptual Study of August 2005 is the
updated version from the 1996-1997 Conceptual Plan? Pam Haznar said she
believes that the plan is revised but doesn’t think its 1996-1997. Mr. Cahir
will provide Helen Bresnahan with the most recent copy of the Regional
Transportation Plan 2003.
David
Ellis from DEP said landfill gas is one of the biggest concerns from all active
and inactive landfills. At times there are a lot of problems at landfills with
receptors being close to the landfill. Receptors are for potential nuisance
odors off site, dust or noise off site. Landfill is supposed to run with no
nuisance odors, dust or noise. There have been some odor complaints from our
facility and we are actively trying to correct the situation. The landfill is an asset to the town.
Administrator
Guerino asked if DEP would get involved with the MEPA process? Mr. Ellis said
they do get involved with the MEPA process when it relates to permitting and
expansion of a facility. DEP would not
get involved as it relates to a development that would be considered a
potential receptor unless asked.
Administrator
Guerino asked if there is any relief for the community if future receptors
complain because it was well known that the facility was there at the time they
were to construct?
Mr.
Ellis said when complaints are received they have to investigate. If it’s a
nuisance condition off-site, DEP will make the operator correct the problem.
General and Operations managers at ISWM came up with some short-term
improvements and hope this will eliminate the odor off-site.
Mr.
Ellis asked what is the elevation difference from the landfill to where the
buildings are going to be? If there are standard trees between the landfill and
development it will make a buffer for noise and potential dust but odor will
get through.
Mr.
Cubellis said there is 6.2 miles of heavy woods from the closest point of the
landfill. The odor is the biggest
concern with prevailing winds and the direction that the wind blows. Warm days
and cool night’s draws out gases. It’s the difference with the topography
because the gas from the landfill is heavier than air.
Selectman
Mealy asked if the town should stop taking sheetrock or gypsum board into the
landfill and is this a major contributor to the problem that we are having? Mr.
Ellis said it contributes to landfill gas but it can be managed.
Mr.
Cubellis commented as to where he is with the development:
Mr.
Cubellis said his vision is for a mixed-use community for
residential/commercial. People can live here and walk to some retail. There
will only be 300 units for 40B housing. Plans have been submitted to the Cape
Cod Commission for apartments above the retail.
Chairman
Zuern suggested that the Board should sit down and have dialog with Mr.
Cubellis.
Administrator
Guerino asked Mr. Cahir if this project gets constructed and bypass road has
been approved, would the Commonwealth take this part of the road over as part
of the state highway system? Mr. Cahir said this discussion could take place.
Chairman
Zuern thanked everybody for attending the meeting.
Board
discussed where they should go next with Mr. Cubellis, suggest having a group
session before meeting with Mr. Cubellis, establish a Working Group to work
with the developer, establish and maintain communications; suggest having input
from the community prior to meeting with Mr. Cubellis. Its also important to
have a voice on the Transportation Committee so we can stress the changes that
are needed around the Bourne Rotary.
A
Workshop has been scheduled for September 12, 2006 @ 6:00 P.M.
Appointments:
CanalSide Task Force
Selectman
Conron made a MOTION and SECONDED to Selectman Sloniecki to
reappoint members as stated and amend the expiration date for June 30, 2007 to
unless suspended or revoked. UNANIMOUS
VOTE
Selectman
Conron made a MOTION and SECONDED by Selectman Mealy to not
appoint a Selectman to the CanalSide Task Force. UNANIMOUS VOTE
Selectman
Conron made a MOTION and SECONDED by Selectman Harrington to
appoint Sandy Goldstein seconded Harrington.
Administrator
Guerino said that in the past if there’s been a competitive race for a vacancy
on the committee, the Board has requested the candidates to come before the
Board to express their interest. MOTION
WITHDRAWN
Both
candidates will be invited to attend the Selectmen’s meeting on September 12,
2006
B. Capital Outlay Committee
Administrator
Guerino said we have a letter on file from Selectman Harrington expressing his
interest to be on this committee.
Selectman
Conron NOMINATED Selectman
Harrington for the Capital Outlay Committee and SECONDED by Selectman Sloniecki. VOTED 4-0 1 abstained.
C. MMR – CAC subcommittee (Town Counsel’s opinion)
Chairman Zuern said the Board of Selectmen
recommends this appointment. Name is submitted to the Governor and the Governor
makes the appointment. Richard LaFarge is currently appointed to this
committee. Responsible for looking at conservation areas on MMR, environment,
plants, animals and to make sure everything are protected on the base.
Selectman
Mealy suggested that we speak with Mr. LaFarge to see if he wants to remain on
the committee.
Administrator
Guerino said this should be for all municipal facilities. There were a lot of
inquiries of utilizing the facility. Reviewed surrounding community policies
and came up with this proposal. This would allow town sponsored groups
available at no cost. Allow private and out-of-town groups to use as
alternative meeting site and feel that there should be a cost to cover
custodial if necessary. State or federal agencies can also use the facility.
Restrooms and floors are to be left clean.
Selectman
Sloniecki made a MOTION and SECONDED by Selectman Mealy to approve
as amended. UNANIMOUS VOTE
Last
procedures as amended are dated July 13, 2006, which states that the Board of
Selectmen shall elect a Chairman, Vice-Chairman and Clerk annually at a meeting
held after the Annual Town Election. Last week there was a request to table the
vacancy appointment and to submit letters for positions on the Board. If this is
the wish of the board, the waiver should be voted on first to waive the Board’s
procedures.
Selectman
Conron doesn’t see anything in the procedures that would prevent the Board from
reorganizing. Not everything that the Board does is governed by the procedures.
Selectman
Harrington said a member of the community contacted him indicating his concerns
on the reorganization. Since the election there was been no discussion whether
or not there should be a reorganization or who should be reorganized.
Selectman
Sloniecki said the election should be done in April and not know especially
coming off a recall election. Most people in town want some stability. With the
exception of filling the Vice-Chairman, opposed to reorganizing the Board.
Selectman
Mealy explained that each member submitted to the Town Administrator a letter
for a desire to be an officer and reasons why.
Selectman
Harrington expressed the importance for the Chairman to concentrate on forward
planning and to include the board more in discussions and work more as a team.
Chairman
Zuern said she has always been goal oriented and a planner. The Board works
well together and shares many of the same goals. Feels the Chairmanship is not
a position above everyone else. Didn’t realize that she is participating and
not including the Board. Open to suggestions and willing to work with the
Board. It’s important that we work together as 1 Board.
Selectman
Conron feels strongly that if a Board member request that something to be on
the agenda and its not, call the Board member and explain why. It’s
discouraging to give suggestions and have nothing brought up.
Selectman
Sloniecki made a MOTION and SECONDED by Selectman Harrington to
nominate Steve Mealy as Vice-Chairman. UNANIMOUS
VOTE
Selectman
Mealy said it would be a pleasure and an honor to serve as Vice-Chairman.
Town Administrator Report
Open
and approved bid for ambulance to Greenwood Fire Apparatus
Signed
notice to proceed to fix the leaking roof at the Community Center
Signed
contract to commence an underwater survey at the Monument Beach Marina.
Recount
on the Library issue has been scheduled at Town Hall on Thursday at 5pm
Other Selectmen Business
Cape
Cod Commission Survey: Each Selectman should pick out 4-5 items that are
important to them and submit to the Town Administrator. It will be discussed at
the meeting on September
12th.
Selectman
Harrington asked if he could be provided with any policies, procedures and FY07
budget. How would town employees have input from the Board? Would like to have some communication with
employees.
Administrator
Guerino said once the Board formally adopts their procedures, it would make
sense to bring in department heads, have a dialog to move policies forward.
Selectman
Sloniecki: Pass Glad that we got a lot
accomplished tonight
Selectman
Mealy: Pass
Selectman
Conron: Pass
Suggest that we follow up with snow removal on private roads & landfill
policy for non-profit
Selectman
Zuern said that she received the minutes from the Town Clerk on CanalSide Task
Force and thanked them for releasing the minutes. Commented on an e-mail she
received regarding the way she addresses people in the audience Apologized if
she has shown disrespect. If you want to be able to dial E-911 on your cell
phone, there is a form that needs to be made out.
Selectman
Sloniecki made a MOTION and SECONDED by Selectman Mealy to adjourn
the meeting at 10:28 PM. UNANIMOUS VOTE