Selectmen’s Minutes

September 12, 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 W. Conron

John J. Harrington

Stephen F. Mealy

 

Call the Meeting to Order

Meeting was reconvened from Executive Session at 6:15 P.M.

 

There was an informational workshop on the Canalside property. 

 

Chm. Zuern handed out information from the Department of Housing & Community Development given to her by Town Planner, Coreen Moore.

 

TA Guerino recapped the last meeting by saying it would be appropriate to have a workshop to discuss future items should the CanalSide project continue to go forward. 

 

Howard Crow spoke on behalf of the CanalSide Task Force and presented a report they have been working on for 2 years.   Mr. Crow’s presentation is attached.

 

TA Guerino said if the Board thought it was appropriate, they could bring in the Trust for Public Land. He went on to say that the Trust would probably be one of the best well-respected national groups that you could bring in to work with the Board should they decide to move toward acquisition of the property.

 

Chm. Zuern spoke of minutes of an Executive Session held on September 23, 2004.  A statement was made that Len Cubellis spoke of his desire to scrap the 600 homes and build the project formerly known as the “small build” on about 30 acres through the LIP process and the Town could then purchase the rest of the property.    She then asked why it was kept a secret and why didn’t the CanalSide Task Force Committee come to the Board two years ago with his proposal.  

 

Mr. Crow responded that as far as he was concerned, it was common knowledge and that it was brought out at a meeting in Selectmen Zuern’s office.

 

They didn’t feel that they had been tasked to negotiate a deal with Len Cubellis; they also felt that they were not capable or authorized to carry out those kinds of negotiations with the developer.  He said they interrupted their charge as the purchase of the whole property.

 

Mr. Cubellis now has a permit to build 85,000 sq. ft. of retail and has informed the Town that he is going ahead and building a 40B.

 

He said the Town is now facing a huge development that could add as much as 10% new homes on one of the worst traffic sites in all of Massachusetts.

 

Selectman Harrington made a MOTION, SECONDED by Selectman Mealy to move acceptance of the CanalSide Task Force Report and its approval as a guideline for the Board of Selectmen decision on the CanalSide property.

 

Chairman Zuern asked for clarification whether he meant to follow their recommendations.  Selectman Harrington said “as a guideline”. 

 

Chairman Zuern said they have not heard from the other side from people with different opinions. 

 

Selectman Mealy said they needed to put a stake in the ground and start the process.  He felt this was their way as a town and community to recognize the work the individuals have done at the request of the Town Meeting.  The information should be used and presented to the townspeople for them to decide what they wanted to do.  He said it was valid and needed to be studied and understood. 

 

Selectman Sloniecki agreed and felt they should accept the report as submitted along with any others they may have. 

 

Selectman Zuern was not ready to make a vote as she still had a lot of questions for Mr. Crow that have not been answered.  She felt they needed to gather information from a lot of other groups and the public and not just take the CanalSide Task Force report.

 

SO VOTE – Chairman Zuern was opposed.

 

The Selectmen will continue the live workshop on September 19, 2006 at 6:00 p.m.

 

Moment of Silence/Salute the Flag

 

Approval of Minutes

Selectman Conron made a MOTION, SECONDED by Selectman Harrington to accept the minutes of the August 15, 2006 meeting.

UNANIMOUS VOTE

 

Public Comment – Non Agenda Items

Sallie Riggs from the Bourne Finance Development Corporation said their mission was to promote the common good and general welfare of the Town of Bourne and to improve the living standards of its citizens by fostering the improvement and development of employment and education opportunities.  She presented an update of their progress for the re-vitalization of Main Street, Buzzards Bay. 

 

The BFDC, with help from the State Senator and State Representatives, received $250,000.00 in state funds to work on the project.  These funds and the $25,000.00 Town funds are being used to remove the impediments to revitalizing Main Street, Buzzards Bay as described by potential investors and developers i.e., restricted wastewater capacity, flood zone, multiple layers of regulatory review and lack of a clear and comprehensive plan.

 

They have issued 2 RFP’s seeking professional experience to those issues.  The 1st firm will begin the process of wastewater management planning; the 2nd firm will conduct a market study, density analysis, and fiscal impact study (what mix of residential and commercial would be necessary to make Main Street a viable economic entity and what impact would that mix have on the town’s finances and economy).

 

Open meetings are in the process and public participation is encouraged with their first meeting targeted for October 30. 

 

Paul Bushueff provided a DNR Review update.  The Committee held 12 meetings over the summer and gathered information from the DNR staff, town officials and outside experts and the public.  He thanked everyone for their input.

 

They have targeted 5 key function areas: harbormaster, marina management, shellfish management, animal control and all the support administration.

 

There were some areas that were less resource intensive or due to staffing constraints received little attention, but still important; support for conservation enforcement, conservation lands and town forest, herring runs, inland fisheries and hunting and shared responsibilities that have been identified in the LCP. 

 

It is the Committee’s opinion that the primary functions of the DNR should remain within the DNR.  There are other alternatives that they’ve considered and will be presenting those and recommended minor changes.  The Committee is drafting the report and hopes to have it available for review and public comment by early to mid October and will be posted on the Town’s website as well.

 

Correspondence

Selectman Sloniecki reviewed the correspondence.

Correspondence is on file in the TA office for review.

 

TA Guerino addressed the illegal dumping on Wildwood Lane, Sagamore Beach and the open catch basin.  The DPW was sent to clean the area and a bill is being sent to the property owner for the time involved in cleaning.  

 

STAR – The Town has been a member in the past.  This group works state- wide on making sure payment is received in lieu of taxes on state owned land.   He did not authorize payment, but will if the Board wishes to join.

 

Mitigation Funding - TA Guerino explained the letter from the State dealing with $500,000 for mitigation funding in and around the flyover area. 

 

Mammal carcasses - TA Guerino said it would be discussed at the next meeting with ISWM. Selectman Conron mentioned a handout she was given from Mr. Nichols and thought they should look into it. Selectman Sloniecki commented on the landfill liner.

 

News Release – Chairman Zuern announced that the Bourne Bridge is painted until 4:30 p.m. Monday through Thursday and until 12 noon on Friday.

 

Chairman Zuern spoke of a Cape Cod Collaborative Meeting and asked if anyone was attending.

 

There is a MassHighway Meeting scheduled for September 27 at 7:00 p.m in the Bourne Veterans Community Center regarding improvements on Scenic Highway in front of the new school.

 

Fill Vacancy in School Committee

Joint meeting with School Committee to fill vacancy left by the resignation of John J. Harrington. 

 

MOTION made by Joseph Gordon (School Committee), SECONDED by Wayne Collamore (School Committee) to appoint Christine Crane to fill the unexpired term of John Harrington until 2007. UNANIMOUS VOTE by School Committee & Board of Selectmen

 

Tom Moccia – CCC 21st Century Task Force

Mr. Moccia was there primarily to listen to what the changes or areas the Selectmen would like to see on the Commission.  He said the review process will be open for at least another four weeks and asked them to convey through him the needs of the Cape Cod Commission and how it does business.  He said the Task Force was designed to improve the process and procedures to make the Commission more user friendly. 

 

Mr. Moccia thought it was important for Bourne not only to be active in the Commission, but to be aggressive with other Commission issues as well.

 

There was discussion and concern with the weighted voting with the current configuration of voting geared to the larger communities and a disproportionate leverage to the smaller communities. The only way the configuration can change is either through legislation or electing the Commissioners.

 

Each of the Selectmen then voiced their areas of concern.  

 

TA Guerino expressed his concern over projects going to the Commission and subcommittees - representatives are told they cannot talk about it.  Bourne’s representative has told them on a number of occasions, that she cannot discuss a particular project with them because she was on the subcommittee.  Elected officials who appoint the representative or people with an interest in the project should have the opportunity to approach their representative to the Cape Cod Commission to discuss their concerns or attributes of a project.

 

Mr. Moccia said that they want some sort of a duel filing  - the applicant files with Commission and also files with the Town at the same time.  

 

Selectman Harrington asked Mr. Moccia if it would help if the Board took a position and what his recommendation would be.

 

Mr. Moccia said he would want Bourne to stay within the Cape Cod Commission and that they want to deal with some of the issues in timing and costs.

 

Mr. Moccia said the Commission is doing too much, but they are not doing enough regional planning as opposed to regulations.


Selectman Mealy suggested that the Board members submit comments and suggestions that they felt important to the Town Administrator in order to prepare draft a response to the Commission.

 

Town Meeting Discussion

TA Guerino said that they will be asking the Special Town Meeting to supplement the FY2007 budget by about $550,820.00.

 

The money will be added to various town departments for overtime in the Police & Fire Departments, salaries, wages & expenses in the Town Administrator’s Department, Community Building, Council on Aging, Election & Registration, Town Clerk, Appeals Board, Department of Natural Resource, Historic Commission, Insurance & Medicare budgets.  The operating budget with this additional 1% will be in at 4 3/4%, still under the 5% budget increase mandated by the Board of Selectmen. 

 

The Town has the money to implement this with Free Cash.  However, if the Town’s Free Cash is not certified by October 3, 2006, the Town can take money out of Stabilization on a short time loan with the commitment that it will be paid back to the Stabilization Fund at the next Special Town Meeting.

 

Selectman Conron asked for a written statement about the Stabilization Fund, borrowing the money and what he was going to do in May and a print out of where Free Cash was coming from.  She said the large transactions cannot be done orally they need documentation.

 

TA Guerino continued review and explained the Articles that are to appear in the Special Town Meetings on October 3, 2006.

 

There was a lengthy discussion on Article 4 with regard to Executive Session minutes and how much additional work, if any, it would create in the Town Clerk’s Office and whether the policy needed to be adopted as a bylaw.

 

After questions and discussion from the Board of Selectmen and Department Heads Selectman Conron made a MOTION to withdraw Article 4 – the motion did not receive a second.

 

Selectman Mealy asked if they were actually going to make recommendations on each of the articles, or are they just trying to get the warrant signed? 

 

TA Guerino said the Board of Selectmen has the authority to approve the warrant articles that are not sent in by private petition. 

 

Selectman Mealy said that if there are questions among the board members on Article 4, it can be taken up at another time prior to the Special Town Meeting. 

 

Selectman Sloniecki asked for a clarification on Article 6.  TA Guerino said the Article will be inserted in the warrant with the exact wording from Town Counsel.

 

Chm. Zuern assumed the wording was the same as was presented at the meeting.  TA Guerino said there would be some changes because the Moderator had concerns with how some of it was worded.  The Moderator thought it would be better as a resolution rather than an article.  He further explained that the CanalSide Task Force Chairman and Town Counsel are working to put this together that is acceptable to the Town Meeting, CanalSide Task Force and the Moderator.

 

Selectman Mealy made a statement saying that they didn’t think they were comfortable with pulling the article off yet.

 

Selectman Mealy made a MOTION, SECONDED by Selectman Sloniecki to approve the warrant as submitted.
UNANIMOUS VOTE

 

Appointments

a.    Barnstable County Coastal Resources - move Reedy to regular member

Selectman Sloniecki made a MOTION, SECONDED by Selectman Mealy to move Elizabeth Reedy to the position of regular member until June 30, 2007.  UNANIMOUS VOTE

 

b.    By-law Committee (1) vacancy – 2 applicants – Angela MacLeod and David Gay

David Gay spoke of his interest in serving on the Bylaw Committee; Angie MacLeod was unable to attend but is interested in serving on the Bylaw Committee.

 

On a roll call vote David T. Gay was voted UNANIMOUSLY to serve as a member of the Bylaw Committee until June 30, 2009.

Zuern – yes, Mealy – yes, Sloniecki – yes, Conron – yes, Harrington – yes.

 

c.     Cable TV (2 vacancies) – 1 Selectman/1 at-large

Selectman Sloniecki made MOTION, SECONDED by Selectman Mealy to appoint Angela MacLeod to the Cable TV Advisory Committee until June 30, 2007.  UNANIMOUS VOTE

 

Selectman Zuern made a MOTION, SECONDED by Selectman Conron to appoint Selectman Harrington as the Selectmen’s Representative to the Cable TV Advisory Committee.  UNANIMOUS VOTE

 

d.    CanalSide Task Force (3 vacancies) 3 applicants

Sandra Goldstein, Don Haywood and Pauline Townsend spoke of their interest in serving on the Committee and responded to questions asked of them.  After giving her background and interest Pauline Townsend then withdrew her application.

 

Selectman Sloniecki made a MOTION, SECONDED by Selectman Mealy to approve Sandra Goldstein and Don Hayward’s request to be placed on the CanalSide Property Task Force until the Task is complete or until Town Meeting abolishes the Committee. 

So Voted – Chairman Zuern - opposed

 

e.     Council on Aging vacancies (2-2010) 2 applicants – Judy Mottolese and Dorothy Wilcox

Dorothy Wilcox and Judy Mottolese spoke on their interest on serving on the Committee.

 

Selectman Conron made a MOTION, SECONDED by Selectman Harrington to appoint Judy Mottolese and Dorothy Wilcox to the Council on Aging until June 30, 2010.  UNANIMOUS VOTE

 

f.      Historic Commission

Selectman Mealy made a MOTION, SECONDED by Selectman Conron to appoint Jean Campbell as a member of the Commission until June 30, 2009.  UNANIMOUS VOTE

 

g.    Barnstable Human Rights Commission

TA Guerino said that since no one has come forward willing to serve, he would serve on a temporary basis until someone could be found.  Selectman Mealy made a MOTION, SECONDED by Selectman Conron to nominate Thomas Guerino to the Barnstable Human Rights Commission until such time that a resident comes forward.  UNANIMOUS VOTE

 

Board of Selectmen Rules of Procedure

Selectman Conron made a MOTION, SECONDED by Selectman Mealy to indefinitely table the Rules of Procedure from the agenda and to take it up as a workshop at a time and place convenient to all of them. 

UNANIMOUS VOTE

 

Selectman Zuern spoke on sign complaints on the highways and roadways and asked if MassHighway could be contacted to see if the Town can remove the signs from State property.

 

Town Administrator Report

TA Guerino discussed the new position of Assistant Director of the Council on Aging.  The position was advertised internally and 2 applications were received – one from the School Department and one from the Council on Aging.  Based on the recommendation of the Director of the Council on Aging, he appointed Pat Houde to fill that position as Assistant Director.  TA Guerino was not asking for a 15-day waiver from the Selectmen.  There was some discussion on funding that position.

 

He contacted Bourne’s State Representatives and Senator and thanked them for the 911 memoriam.

 

He reported that Verizon has been trying to make a 90-day limit on putting a franchise agreement together when agreements come due.  He said the Massachusetts Municipal Association is opposed to that and looking to expand that out 2-3 times.

 

TA Guerino will attend the Cape Cod Managers Association monthly meeting on Nantucket. 

 

He spoke of the painting be done to the Bourne Bridge and suggested a letter be sent to the Corps of Engineers asking for additional crew members to complete the work faster. 

 

TA Guerino referenced Chief Ford’s issue at Gray Gables.  He had a letter thanking the Police Department for responding to resident complaints on disturbances that have been taken place at the beach.  He met with two gentlemen from Gray Gables relative to some issues.

 

He suggested Sally Holmes come in and with her powerpoint presentation on goals and procedures and have the Selectmen discuss how they got there. 

 

Other Selectmen Business

 

Selectmen’s Reports

Chairman Zuern said that Cindy Coffin will be discussing Reverse 911 on her show - Spotlight on Bourne.

 

Selectman Sloniecki reminded residents that on September 20, the Sagamore Rotary will change.

 

Adjourn

Selectman Sloniecki made a MOTION, SECONDED by Selectman Mealy to adjourn at 10:35 p.m.

UNANIMOUS VOTE

 

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