Selectmen’s Minutes

September 19, 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 to Order

Meeting was called to order at 7:10 P.M.

 

Moment of Silence for our Troops

 

Salute the Flag

 

Approval of Minutes

Selectman Conron made a MOTION and SECONDED by Selectman Sloniecki to approve the ISWM Review Working Group minutes of August 8, 2006 as amended. UNANIMOUS VOTE

 

Public Comment – Non Agenda Items

Dick Conron spoke on public safety due to last week’s presentation made by Chief Ford. Took constraints of the Police Department and overlaid it to the School Department. If the School Department operated the same way as the Police Department there would be class sizes of 35 or more students.

 

We need to do something about Public Safety and asks the Board of Selectmen to do 3 things:

1)      Develop and institute a type of Public Safety Policy

2)      Ask Town Administrator to work with his staff and by the end of this year develop and publish some type of measurement that the average citizen can look at and gauge the public safety ability of the town.

3)      Task the Town Administrator to publish a Long Term Public Safety Financial  

Plan with specific target dates that include both capital for facilities and equipment and operating costs and have Long Term Plan be part of the FY08 budget process. What the cost is and how long will it take to get to this point.

 

Administrator Guerino welcomed Mr. Conron’s comments and take them seriously. Bourne has 34 full-time Police Officers for a population of 20,000 residents.  Our Fire Department is down by 8-10 Firefighters. We are at 1974 staffing levels across the town. Will look at the entire staffing needs of the community but don’t feel this can be done by December. We can ask in FY08 budgets, what is it that you need and what it will take to come back with a full staffing plan. Maintenance on facilities and personnel has been deferred over the years. We need to look at this and understand that it’s going to cost some money. We need to figure the cost and how it can be accomplished.

 

Correspondence

Selectmen Sloniecki read the correspondence, which can be viewed in the Administrator’s Office.

 

Item G: Buzzards Bay Village Assoc

Streetlights were part of this project. Some of the mitigation money is marked for specific items. Administrator Guerino asked Mr. Litman to send the criteria on how to access the monies

 

Licenses/Permits:

  1. Public Livery:  Jennifer Boyle d/b/a Cape Cod Transportation

Jennifer Boyle presented her plan for a Public Livery License. Chairman Zuern reviewed the routing slip and specified comments.

 

Selectman Sloniecki made a MOTION and SECONDED by Selectman Conron to approve the application as submitted. UNANIMOUS VOTE

 

Review Workers Compensation Proposal

Administrator Guerino welcomed Karen Shanley from Cook & Company who has been working with the town. We have been spending approximately $200,000 a year for Workers Compensation. Several years the town was Self-Insured through Cook & Company. The town hasn’t been thrilled with the service that the town has been receiving by MEGA or the way they rate some of our employees on the Workers Compensation rate. As an example, every employee that works at the landfill is at the same rate of a person who is on the back of the trash truck, which is one of the highest rated. We’ve tried working with MEGA in an effort to show MEGA that this is not the case with no satisfaction. There have been difficulties when there has been a claim put forward and the town has done what we are supposed to do such as physical therapy and further medical exams at the towns’ expense.

 

We may get a call on the day of the trial that we need to settle on a certain amount. We need to know what’s going on before it gets to this point.

 

A good Workers’ Compensation should provide classes and seminars on proper lifting, how to file claims. We have not had good luck with this.

 

Cook & Company Representative Karen Shanley handed out and explained a chart that goes back to 7/1/95, which was the first year the Town of Bourne, went self-insured and continued to be self-insured until 7/1/02. Self-Insured is you pay as you go and have a cap on alternate expenses. Prior to 2002, insurance was reasonable priced and deductible was low.

 

Ms. Shanley said their proposal would also include their services to get the town back to the savings, the difference between the premium and what we are actually paying on a claim.

 

Ms. Shanley said it’s important that part of a Self-Insured Program is to educate staff on what is Workman’s Compensation, safety and getting employees back to work.  It’s also important that even if an employee doesn’t get hurt, it still should be reported. It will prevent this same incident from happening again. Ms. Shanley further explained the Worker’s Compensation Plan and what it can offer the town.

 

Administrator Guerino said that Cook & Company was our administrator of our health plan 4 years ago and we had good luck with them. Wanted the Board to take a look at this for potential savings in the long run. Would like the Board to seriously look at this.

 

Selectman Conron said she would like to see a comparison between the 2 plans. It would be nice to see what the referenced towns think about the plan.

 

Appointments:

  1. Selectmen’s Task Force on Local Pollution

Chairman Zuern read the letter submitted by E. Harlan King. Jim Mulvey recommends and supports this appointment.

 

Selectman Sloniecki made a MOTION and SECONDED by Selectman Mealy to appoint E. Harlan King. UNANIMOUS VOTE

 

  1. Community Oversight Group for the Storm Water Management Group

Selectman Sloniecki made a MOTION and SECONDED by Selectman Harrington to approve the appointment of E. Harlan King. UNANIMOUS VOTE

 

Discussion related to carcass disposal at the landfill

ISWM is proposing to manage stranded marine mammals that cannot be revived by the National Marine Life Center and the Cape Cod Stranding Network..

 

Department of Environmental Protection approved the disposal of “animal carcass” as special waste at the Bourne Landfill as described in the application submitted subject to the following conditions: Nuisance conditions; Transport; Disposal; Unacceptable Wastestream; reporting; Reservation of rights and Board of Health Review.

 

Operations Manager Dan Barrett said ISWM is approaching this as an emergency response and is not trying to make money. Explained how the PCB levels on the east coast are far less than in other parts of the world. Will be scheduled on the Board of Health agenda to ask the Board of Health to lower the fee to $60 per ton. Mr. Barrett said he is satisfied with the comments and conditions from DEP.

 

Selectman Conron asked how would we even know if there are high or low numbers of PCB’s? Mr. Barrett said he is comfortable is saying that the numbers are low. PCB’s don’t decompose. The feeling at the landfill is that they want to help but won’t put the town in any harm.

 

Mr. Barrett said landfill liners are tested daily.  If a leak is detected, there are steps that have to be taken. If the leak is bad enough, that portion of the landfill is capped. Leachate is tested for PCB’s and mercury.

 

Phil Goddard said if the Selectmen want the testing of PCB’s and mercury it will be done but it’s more expensive if its needed immediately.

 

Comments from Jim Mulvey

 

Scraggy Neck Plowing Proposal

Administrator Guerino said the Board approved the rates and structures for plowing Scraggy Neck as proposed by the Town Administrator with the understanding that the policy will be reviewed at a future meeting.

 

Chairman Zuern said it was her understanding that this was brought back to the Board to see if the Board wanted to change policy and not the rates. In packet also included an opinion from Town Counsel.

 

Town was plowing all private ways, but a citizen brought to the Selectmen’s attention that the town didn’t have to plow roads that weren’t open to the public. Reviewed all signs and determined which were open to public and which were private. Any private way or Association, any signs, gates that prohibited access would not get their roads plowed. Certain groups took down signs but Scraggy Neck left the gate up.

 

Scraggy Neck hired a private contractor 3 years ago, then contracted with the town the next year at an agreed upon price per event. The price was to cover the cost of plowing and expenses.

 

Selectman Conron read a portion of Town Counsel’s opinion. She then read a draft policy she wrote hoping the Board would approve. Selectman Mealy finished reading the rest of Town Counsel’s opinion

 

Comments from Jim Mulvey, Don Cunningham

 

Discussion continued as to what roads are considered private and what roads are considered public. 

 

Chairman Zuern said most of the roads in developments are private roads. Policies have to be non-discriminatory.

 

Selectman Conron said she contacted other towns with gated communities and asked if they would plow in a situation like this and they didn’t know the answer to this.

 

President of the Scraggy Neck Recreation Association, Chester Goon read from a prepared statement. He commented on the following issues: Community doesn’t restrict access to roads but limit car traffic during the summer months of July and August mainly for safety reasons; roads on Scraggy Neck are narrow; overgrown and curvy; and in fairness, the community is not gated preventing anybody from accessing to the neck; they are good neighbors, good citizens and pay their portion of taxes but demand very little of the towns valuable resources.

 

Selectman Harrington said he would like to support Selectman Conron’s proposal and incorporate a financial penalty if times and hours are violated.

 

Administrator Guerino said this might need to refer to Town Counsel for his review. We’ve had 4 opinions from Town Counsel since 1992 regarding this matter. If we take the questions brought up tonight and receive an opinion, the issue can be brought up at the October 10th meeting and we can also ask Town Counsel to be present.

 

Town Administrator Report

v     Appointed Brendan Mullaney from Sagamore Beach as Conservation Agent. Not asking for 15-day waiver. Tentative date of hire will be October 10th. Contracted on a short-term basis (2 days per week for 3 weeks) with the County to provide some Conservation expertise to do site visits and write order on conditions. Thanked Bob Gray and members of the Conservation Commission.

v     Held 2nd interviews of the Finance Director. Within next 10 days will have recombination for Selectmen

v     Finance Committee will meet tomorrow night

v     Bids for Ernest Valeri Road were open Friday and taken under advisement

v     Met with Monument Beach Civic Assoc re: Chester Park seawall. Temporary repairs will start next week.

 

Selectmen’s meeting next week will start at 6:45–7:15 for CanalSide discussion;

7:15–7:30 School Department; 7:30–9:00 for ISWM – Landfill discussion.

 

Other Selectmen Business

There was no other business

 

Selectmen’s Reports

v     Selectman Harrington: Pass

v     Selectman Sloniecki: Sagamore Rotary will not exist after tomorrow

v     Selectman Mealy: Received e-mail from resident relative to the condition of the parking lot off Peaked Cliff

v     Selectman Conron: Pass

v     Chairman Zuern: There will be an Open House at Camp Edwards next week and invitation is extended to members of the Board of Selectmen

 

Selectman Sloniecki made a MOTION and SECONDED by Selectman Harrington to adjourn the meeting at 9:38 P.M.