Selectmen’s Minutes
October 2, 2007
Bourne Veterans’ Memorial Community Center
239 Main Street
Buzzards Bay, MA 02532
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Attendance:
Thomas M. Guerino
Board of Selectmen
Stephen F. Mealy, Chairman
Jamie J. Sloniecki, Vice Chairman
Judith Conron, Clerk (6:58 pm)
Linda M. Zuern
John A. Ford, Jr.
Call the Meeting to
Order
Meeting was called to order at 6:15 P.M.
Moment of
Silence/Salute the Flag
Selectman Zuern MOVED and SECONDED by Selectman Ford to approve minutes of September 25, 2007 as amended. VOTE 4-0.
JF changes (page 7) – Selectman Ford noted all revenues over $500,000 in host community fee put into capital outlay stabilization fund and takes revenue that can be put in the operations budget.
None at this time.
Selectman Sloniecki reviewed the correspondence. All correspondence is one file in the Town Administrator’s Office for review.
Charter Commission – Lucia Fulco
TA Guerino noted the Board’s request of the Charter Commission to give an overview of changes from the old charter to new approved at Annual Town Meeting, and discuss how changes affect the current structure from which the Town is working.
TA Guerino noted the Commonwealth made changes to a couple of date requirements.
Chm. Mealy read into record a summary of the thirteen (13) points of changes. Chm. Mealy noted changes were proposed and adopted at our Town Meeting.
Lucia recognized Michele Ford and Charlie Miller as members on the Charter Commission.
Selectman Zuern - Section 3-8: Rules of Procedure – noted needed clarification on wording. How Board can/cannot deviate.
TA Guerino inquired if, under the current structure, there was the ability for the TA in certain instances (i.e. employment) to have the Board waive the 15-day waiting period.
TA Guerino noted the Board of Selectman is also empowered beyond the Charter and established by Mass. General Laws.
TA Guerino inquired about Section 5.5 – Department of ISWM (b) General Manager.
Selectman Zuern commented on (e) of Section 5.5on Policy and how the Selectmen establish priorities and policies to govern operation of the Department of ISWM.
Charter Commission’s recommendations when selecting a future Charter Commission:
TA Guerino noted going to three or four Charter Committee meetings and expressed how professional and open to ideas the Charter Commissioners were.
TA Guerino stated a 90-day wait period before posting Charter on website.
Selectman Conron joined the meeting at this time (6:58
pm).
Phyllis O’Connor inquired about expending ISWM monies. TA Guerino noted monies expended by ISWM or any Enterprise Funds go through the same process. He also noted they are under the same rules and expenditures as any other dept in Town. He further noted where the difference lies, is that it is supposed to be self-sufficient. If there is a surplus, it goes into a Business Retained Earnings, as opposed to the Town’s General Fund.
Selectman Conron MOVED and SECONDED by Selectman Zuern to disband the Charter Review Committee with appreciation. VOTE 5-0.
Selectman Zuern MOVED and SECONDED by Selectman Sloniecki to approve Keno license for the Sagamore Inn with conditions of Keno in bar area only; and no advertisement in windows or outside the premises. VOTE 5-0.
Selectman Zuern MOVED and SECONDED by Selectman to approve New Common Victualer license for Subway with comments from the Board of Health (restricted to 24 seats due to septic and no occupancy until inspection complete); and Fire Department (include exit signs, extinguishers, emergency lighting and F/A System). VOTE 5-0.
TA Guerino noted a $50 fee to collect before owner picking up license.
Selectman Zuern MOVED and SECONDED by Selectman Ford to appoint John E. O’Brien (term expiring June 30, 2008) as Associate Member to the Appeals Board. VOTE 5-0.
Selectman Zuern commented on including copies of resumes for background information.
Selectman Zuern noted the Board requiring a letter or a written request from applicant(s) before making an appointment.
Selectman Conron requested delaying appointment at a later date (Chris Farrell, Cindy Coffin and Marilyn Morris) for final paperwork.
Conservation restriction policy staff recommendations and Board action
TA Guerino noted the Board made recommendations at the last meeting to Policy. These changes were brought to the staff and asked to come back to the Board to address changes. Tonight’s document is available for any questions of the Board.
Selectman Sloniecki recommended not having readings by number put on the agenda.
TA Guerino noted the Board received examples of restrictions by Brendan Mullaney (Conservation Agent) the Town granted in the past on various conservation restrictions.
Selectman Zuern inquired why the Conservation Committee didn’t endorse the policy. Brendan Mullaney noted the policy is a Selectmen’s policy, not a Conservation Commission policy.
Mark Robinson clarified that there is no policy of size limitation for conservation restriction.
Selectman Zuern inquired about enforcing the Conservation Restrictions Policy.
Steve Balentine (Bourne Conservation Trust) noted being required to monitor restrictions.
Mike Leitzel (Engineering Department) noted input from a bigger group is the only change due to not having full time Selectmen as in the past.
Donna Baraskauskas (Assessors Office) stated the assessment is at 75% for the Restrictions and is a fair not allowing public access.
Discussion held.
Phyllis O’Connor commented on donations and the tax breaks for the property owners.
Charlie Miller inquired of the website version of the policy. He also inquired if the Conservation Restriction Policy is an item that comes in front of Town Meeting.
Jim Mulvey commented on the clarification of the correct version of said policy. He also commented on the terms “policy” and “guide” and make a distinction. He further commented on Open Space.
Selectman Zuern (B4) and Chm. Mealy (D2) noted typographical errors, which will be addressed by TA Guerino.
Selectman Sloniecki MOVED and SECONDED by Selectman Conron to approve the Conservation Restrictions Statement of Policy dated September 18, 2007, including the two typographical errors as stated above. VOTE 5-0.
Chm. Mealy noted a Toby Island (site visit posted on Friday, October 5, 2007 at 5:00 pm) request falling under the new Conservation Restrictions Statement of Policy will be addressed on the October 9, 2007 Selectmen’s meeting.
Selectman Zuern suggested having a limited number of the public, including a member of the press at the site visit to comply with the Open Meeting law.
Selectman Ford agreed with Selectman Zuern.
Chm. Mealy will contact landowner to see if members of the public (with an “x” limit) can attend site visit.
Selectman Zuern MOVED and SECONDED by Selectman Ford to retain the posted meeting for Friday, October 5, 2007 at 5:00 pm site visit, and also request from the landowner a limited number of members of the public to attend. VOTE 4-1 with opposing vote from Chm. Mealy.
Chm. Mealy will also contact the property owner about the posted meeting.
Goals Reporting
Chm. Mealy read into record the goals of 2007 outcome and successes
Selectman noted Goals Report will be posted on the town’s website. Copies will be made available at Town Hall.
Chm. Mealy read into record new goals for 2008.
Selectman Conron commented on Selectman Goals and noted getting to some items that were not addressed at a future date.
Selectman Zuern commented on the automobiles and boats and progress throughout the town. TA Guerino noted progress is being made: 1) dumpster removed; 2) Penner’s is in discussion at this point and more details will follow; and 3) progress made on the boat.
Selectman Zuern wondered if the Bylaw Committee can look into the residential aspect.
TA Guerino noted the budget process will begin. Department Heads will begin meeting tomorrow morning at 9:00 am.
TA Guerino noted the Planning Board bribery case and will wait for all court papers being filed before reporting. He will plan to discuss at next meeting.
Selectman Sloniecki noted he will not attend the site visit on Friday, October 5, 2007.
Selectman Zuern noted the Housing Assistance fundraiser walk was successful and thanked people for their donations.
Selectman Ford noted he will attend the Site Visit of Friday, October 5, 2007.
Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to adjourn. Meeting adjourned at 9:15 pm. UNANIMOUS VOTE.
Respectfully submitted
As transcribed - Lisa Groezinger,
sec.