Board of Selectmen
Meeting of September 26, 2006
Bourne Veterans Memorial Community Center
239 Main Street
Buzzards Bay, MA 02532
6:45 p.m.
Town
Administrator:
Thomas
M. Guerino
Board of Selectmen
Linda
M. Zuern, Chairman
Stephen
F. Mealy, Vice Chairman
Jamie
J. Sloniecki, Clerk
Judith
W. Conron
John
J. Harrington
Call to Order
A Moment of Silence for our Troops
Salute the Flag
6:45 PM – 7:15 PM
CanalSide Discussion
TA Guerino presented
a follow-up from last week’s motion presented by Selectman Harrington. TA Guerino was meeting with staff and
putting together specifications and
will have a draft RFP or Bid for the Board depending on the time-frame. The draft specification will not be based on
the mitigation bylaw, but look at development as an issue. The parameters can be used for any type of
development that comes in.
Selectman Conron
spoke with people who thought it was a great idea and that it should be done as
quickly as possible to be effective and yet she doesn’t think they necessarily
want to take the lowest bidder.
TA Guerino said the
RFP will take at least 4-6 weeks.
Chairman Zuern said
they have not talked amongst themselves as far as what each one would want to
see done in the process.
Selectman Conron
asked for the workshop, but did not have in mind that she would give her
personal views. She was still searching
for information they need to be the fiduciary people for the town, i.e. is the
project compatible, is the project consistent with Bourne’s Affordable Housing
Action and Local Comprehensive Plan.
She would like to see the Housing Partnership Committee and Local
Comprehensive Planning Group appear before the Board to discuss how their plans
work with CanalSide.
Chm. Zuern said the
Selectmen have no real jurisdiction over what goes at CanalSide be it housing
or retail. She further stated they
could have the meetings for information purposes, but nothing they could make a
decision on.
Selectman Conron
raised the issue “is the project consistent with our plans, or isn’t it.”
Selectman Sloniecki
thought it was a good idea.
Selectman Harrington
said it raised a question for him ..there are areas that are not the
Selectmen’s purview, but that it does not keep the Selectmen from taking a
leadership position in gathering groups together and coming to a
consensus.
Selectman Mealy said
they always have options relative to any action they can take:
The only
unacceptable alternative is the first – do nothing.
He further said that
undertaking the investigation of purchasing the property does not preclude
working with the developer for the best interests of the Town.
He said they must
start communicating and start a dialogue with the developer, CCC, Planning
Board and local and state representatives and residents.
He said the Board of
Selectmen must initiate the communication to insure that the town of Bourne is
heard, as a community. This is a bigger
project that the Sagamore Rotary and a growing problem that will only worsen
unless mitigation is included with the proposed development.
He requested the
Board of Selectmen to continue with workshops, bringing in experts and undertaking
independent analysis and working with the state to explore all avenues to make
this the best for the Town of Bourne.
Selectman Conron
made a MOTION, SECONDED by Selectman Harrington to invite the Housing
Partnership Committee in to discuss the Affordable Action Housing Plan and the members of the LCP to discuss the
Local Comprehensive Plan and in each case to know how are these plans are
compatible or not compatible with the project. UNANIMOUS VOTE
There was further
discussion on CanalSide and Selectman Mealy’s presentation by Board members.
TA Administrator
Guerino said as they move forward with the economic fiscal impact study and
that they will have to find a source of funding for the study. He asked the Board for suggestions on
funding.
Discussion on
whether they should look to a reserve fund transfer or from the developer to
fund the study.
School Department
School
Superintendent Ed LaFleur presented an update through a power point
presentation on the early childhood and elementary school project.
2 Building Project
– Elementary School and Early Childhood
Center
● Did not want to loose “safe school
environment” that exits in Hoxie & Otis Memorial
Schools
● School Building Assistance Program put
Bourne #1 on the list in January 2003.
● May 2003 Town Meeting voted debt exclusion
of $26.85 million (estimate, not firm
bid)
● Project Manager hired in 2005 – completed
design drawings in early summer showing
escalating costs to between $5-6 million.
● Project estimate in 2006 - now $32.2 million.
● Bids opened on September 18 $40.1 million
-$13 million over 2003.
● If approved at the STM on October 3 and the
Town election on October, another town
meeting will be held on October 16.
● Construction to begin in the late fall of
2007 with school opening in the fall 2008.
● Low bid was $32,987,000.00 with added
projected expenses it will be a total cost of
$40,100,850.00 an increase of
$13,250,850.00 over the estimate of 2003.
● Side
projects – MassHighway safety project – lighted intersection at Scenic Highway
and Edgehill Road with a cost of $5.5
million paid for by MassHighway. New
school
access road through a land swap at a
savings of $1.6 million to the Town with a total of
$7.1 million that the town will not have to
pay.
● The cost
over 27 years to a house assessed $350,000.00 would be $2,110.76 adding in
the $13.25 million brings the total to $40,100.00 million the total cost will now
be
$2,779.03.
$138.95 per year for 20 years.
If the project
fails, the Town will loose the 62% reimbursement for school financing, the
Scenic Highway Safety Project could be at risk, the access road to the Town
owned land could be landlocked.
The Finance
Committee voted 10-1 in favor of the school article going forward with the increased
costs.
There is a Special
Town Meeting to be held on Tuesday, October 3, 2006 at 7:30 p.m. and they will
be discussing the school issue. The
ballot question will be on October 4, 2006 election. If the ballot question passes, another town meeting will be held
on October 16 for a positive vote on the school.
Selectman Mealy
spoke on Campus 2000 where they were to build all the schools for $40 million
and now they are looking at building 2 schools for the same amount of
money. He said they cannot be built
later for the same money. He said they
didn’t have an alternative choice and something that needs to be done. He asked that this be looked at and support
the project.
Jim Mulvey asked if
additional staffing would be required?
Supt. LaFluer said
staffing in the elementary school is sufficient; they will apply for a
kindergarten grant to assist as they go to all day kindergarten and custodial
staff will move over. The furnishings
are included in the “soft costs”.
Selectman Conron made
a MOTION, SECONDED by Selectman Harrington to support the increase of
$13 million for the new school. UNANIMOUS
VOTE
Jim Mulvey
questioned why “Public Comment” was not on the Agenda.
Chm. Zuern explained
that this was originally to be a workshop and then it turned into 2 workshops
and because there were a couple of items that needed to be addressed, public
comment and correspondence were not included.
She said anyone wishing to make a comment could.
Jim Mulvey then
commented on the private roads plowing and access by the public. He went on to say that there were 422
private roads and the vast majority were plowed because they allow public
access.
7:30 PM – 8:45 PM
Landfill Discussion
Chm. Zuern announced
that this was a workshop with the Finance Committee.
Business Manager,
Troy Clarkson and General Manager, Brent Goins presented a power point
presentation on where they are today.
The power point
presentation went over the General Fund Contributions, Revenue Trends, Net
Asset Contributions, Budget Snapshot – Spending Trends, Waste Stream Trends,
Recycling Update and Moving Forward.
● Discussion
on the Host Community Fee, the administrative fee going down in FY07 and the
revenue trends over the last few years.
● C & D comes in at $85.00 per ton
and backhauled at $65.00 per ton and will be
raised to $87.50 per ton as of October 16, 2006.
● The town is paid $2.88 for every ton
that enters the landfill whether it stays or not.
● DEP
has placed a ban on certain types of waste that can be brought in to the
Landfill.
● C
& D comes not only from the Cape and but as far away as Scituate.
Any money ISWM makes
as a department in excess of expenditures to run the Department is kept in a
fund and used for capital improvements, closure, and post closure. In FY01 there was a deficit of $233,000.
estimated net assets as of year-end on June 30 will be in excess of $2 million.
General Manager,
Brent Goins reviewed the recycling revenue over the last 3 years and reviewed
the remaining graphs in the powerpoint presentation.
There was a
discussion on the new baler and its capabilities and what is shipped out of the
country, when and where.
He announced the
“America Recycles Day” on November 18th from 9:00 a.m. to 12 Noon
with tours of the facility.
A question was asked
as to how much is the Town actually recycling in percentage figures? The recycle rates is approximately 35% and
65% goes elsewhere.
Bourne is on the
national level and above for the state in recycling.
Another question was
raised on recycling number 5 & 6 plastics.
Mr. Goins said there is no market for it. Recycling markets for 1 & 2 are well established.
1 & 2 plastics
represent about 95% of the waste stream of plastic and 3 –7 are the other
5%.
Chm. Zuern asked if
were possible to store the plastic. Mr.
Goddard said it is expense, with fuel costs, pickup and storage.
Hal DeWaltoff, Chm.
Of the Finance Committee said they need to talk about how much more revenue
they want to generate, how much longer they want to keep the landfill open,
what are the capital needs, etc.
TA Guerino said this
was the last of three workshops to bring people up to speed on where they’ve
been and where we are today. TA Guerino
thought it was the intent of the Selectmen to now put together another ISWM
guidance group to look at the market trends, capital needs, alternative uses of
the waste to increase the life of the landfill, maintain the revenue stream and
divert the waste another way.
There was discussion
on why the Town was still accepting gypsum wallboard, the odor (gypsum board)
and setting a policy. Mr. Goins said
they have been working on trying to get it out of the waste stream. It has been a difficult issue with haulers
sneaking some in under the MSW. They
are now working on a pilot program where they are collecting the wallboard
putting it into a container and taking it off site.
The last of the gas
extraction wells were installed in a capped portion of the landfill. Piping is also being put in the “active”
area to help control the odor issue.
Licenses/Permits
Dunkin
Donuts
TA Guerino said that
many of the Burger King’s on the Cape will be changed to Dunkin Donuts. The Dunkin Donuts now located at the Ocean
State Job Lot building will close when the lease expires. The proposed new location will be include a
drive-thru. All requirements have been
met.
Selectman Mealy made
a MOTION, SECONDED by Selectman Sloniecki to approve the request for a
Common Victualer License. UNANIMOUS
VOTE
Liquor License
transfer Bay State Liquor Mart was
opened at 7:15 p.m. Selectman Conron
made MOTION, SECONDED by Selectman Sloniecki to recess the hearing until
8:45 p.m. UNANIMOUS VOTE
Selectman Mealy made
a MOTION, SECONDED by Selectman Harrington to reconvene the liquor
hearing at 8:45 p.m. UNANIMOUS VOTE
Chm. Zuern read the
legal notice that appeared in the newspaper transfer ownership of the Package
Store from SoGood Enterprises, Inc. to FPJ Enterprises, Inc., d/;b/a Bay State
Liquor Mart, Phyllis W. Jones, Mgr., 4 Barlow’s Landing Road, Pocasset, MA
02559 with a pledge of the license, inventory and all assets to Cape Cod Five
Cent Savings Bank.
The Jones’ plan on
running the business as the previous owner did. It will be a family run business run by the wife, husband and 2
daughters. A family member will be
present at all times.
Some of the staff
currently working at the establishment will remain employed by them. They have taken the Alcohol Awareness Course
and they intend on purchasing a scanner for identification purposes.
The Routing Slip is
complete and CORI was received.
Selectman Sloniecki made a MOTION, SECONDED by Selectman Mealy to
approve the transfer as presented. UNANIMOUS
VOTE
Review Special
Town Meeting Warrant
The Board previously
reviewed Articles 2, 4, 5 & 6.
The previous vote
taken by the Board was to accept the warrant as presented.
There was discussion
on Article 4 sponsored by the Board of Selectmen regarding Meeting of Minutes
of Boards, Commissions and Committees.
Selectman Mealy
hoped that in future town meetings, the Board would have an opportunity to
review and make recommendations just as the Finance Committee does. Selectman Mealy made a MOTION, SECONDED by
Selectman Conron to indefinitely postpone the Article.
Selectman Mealy went
on to say the “intent” was admirable, but would like to see if they could do
it, based on education, with the Boards and that if they are still not seeing
compliance to take the next step. He
said he hates to pass rules and regulations if they can be done without them.
Selectman Zuern said
that in a conversation with Town Counsel he recommended that the Board put it
on the Warrant and have the Town Meeting vote on it and that it should be a
bylaw of the Town.
Selectman Sloniecki
said it may not seem important in the big picture, but he thought it was
important and down the road it will not amount to a lot of work after the
Committee’s get used to it. He didn’t
feel that having the Executive Session minutes available was too much to ask
and saw nothing wrong with the Article and was in support of it.
Selectman Zuern said
one of her main reasons for the Article was because the Executive Session
minutes on the CanalSide Task Force Committee were not available.
Selectman Conron
said at the next CanalSide meeting, the minutes of the Executive Session were
approved and then voted to encumber them because of the ongoing nature of the
land and what the developer was going to do.
She went on to say that every member had a copy of the minutes and could
not have been changed.
Lucia Fulco spoke on
the process used in Barnstable for filing Executive Minutes.
Selectmen Harrington
felt that the Town Clerk should keep a closer watch over the filing of
Executive Session minutes in his office and if there is a problem to let the
Board know.
There was a lengthy
discussion on the proposed article and whether they should support the article.
On Selectman Mealy’s
MOTION, and SECONDED by Selectman Conron it was VOTED 3 –2
(Selectmen Sloniecki and Zuern voted NO) to indefinitely postponed Article 4.
Article 6. TA Guerino said there was an issue with the
CanalSide Article as presented and with the assistance of Town Counsel,
Moderator and Chm. Of the CanalSide Task Force an article was drafted in the
proper format and would accomplish what the Task Force was looking for in the
Article. The Article is a Resolution
and non-binding.
There was a spot
open for the Article with the understanding that once the wording came back
from Town Counsel, it would be inserted as approved by Town Counsel and agreed
to by the CanalSide Task Force.
Chm. Zuern said the
wording was different than what was originally presented and asked if they
wanted to take a stand on the Article.
There was further
discussion on the wording and intent of the Article.
Charlie Miller felt
the only way to obtain a true consensus of this project is through a ballot
vote.
Selectman Mealy made
a MOTION, SECONDED by Selectman Harrington to endorse Article 6. SO VOTED (Selectman Zuern opposed).
Sign Special Town
Meeting Warrant for October 16th
Selectman Mealy made
a MOTION, SECONDED by Selectman Harrington to accept the Warrant for
October 16, 2006 as presented. UNANIMOUS
VOTE
Jill Delkamp
expressed her displeasure with the expense of having to hold a separate town
meeting.
TA Guerino explained
the reason for the STM. The Warrant Article
for October 4th was based on a bond counsel approval of the ballot
question. The Moderator said the
Article did not provide for an appropriation.
It provided for an exemption from proposition 2 ½ without the words “by
appropriating”. A meeting was held and
bond counsel concurred that we needed to add “appropriate” in the article as
well as the motion and that to alleviate a challenge to the vote. It would be more appropriate and legal to
repost the meeting for 2 weeks with the appropriate the wording to alleviate
any possibility of a challenge to the vote.
Had this been communicated to the Moderator a few days earlier, there
would have been time to change the article to meet the 14 day posting of the Warrant.
Selectman Mealy said
that they need to look at, review and make recommendations themselves and meet
with the Finance Committee and Moderator to eliminate this problem in the
future.
TA Guerino said from
now on every draft article and intent will be passed on to the Moderator and
will be setting up meetings with the individuals involved in Town Meetings
process again.
Town
Administrator Report
TA Guerino reported
on the temporary repair at Monument Beach on the seawall.
They are moving on a
grant to MEMA relative to moving the Police & Fire Stations out of the
Flood Velocity Zone.
TA Guerino
recommended that appointment of Linda Ann Marzelli to the position of Director
of Finance after a statewide/national and local search. The Search Committee (Finance Committee
Chm., Hal DeWaltoff, Yarmouth Town Administrator Bob Lawton and himself)
reviewed 20 resumes and after conducting interviews unanimously recommended Ms.
Marzelli to the Board for their approval.
Town Administrator
Guerino thanked Hal DeWaltoff and Bob Lawton for the work they did.
Selectman Mealy made
a MOTION, SECONDED by Selectman Conron to accept the recommendation of
the Town Administrator to appoint Linda Ann Marzelli as Finance Director for
the Town of Bourne. UNANIMOUS VOTE
Selectman Sloniecki
made a MOTION, SECONDED by Selectman Mealy to waive the 15-day waiting
period. UNANIMOUS VOTE
Selectman Conron ran
down the October 10th agenda; goals, snow plowing policy with Town
Counsel, affordable housing, LCP group & update on the ISWM Working
Group.
She asked if her
policy on snow plowing would be adopted after the meeting?
She suggested that
the Town Administrator and Finance Director bring the Worker’s Compensation
proposal to the Finance Committee for discussion.
TA Guerino said that
in addition, Selectman Harrington’s request on how Policy’s are done and the
LCP.
Selectman Mealy
reminded citizens that the Buzzards Bay Village Association is holding its
annual meeting on October 11, 2006 at the Beachmoor starting at 5:00 p.m. and
is open to the public.
Selectman Zuern
noted that a Senior Management Board Meeting on Wednesday, September 27th
at 6:30 p.m. at the Best Western in Bourne.
Selectmen Sloniecki
and Harrington – no reports.
Other Selectmen
Business
Selectman Conron congratulated
and thanked Marie Oliva on the successful Scallop Festival and the Bourne
Financial Development Corporation for their annual meeting.
Selectman Sloniecki
made a MOTION, SECONDED by Selectman Mealy to adjourn at 10:30 p.m. UNANIMOUS VOTE