Board of Selectmen
Meeting Notice
Date Time Location
Tuesday 7:00 p.m. Bourne Veterans Memorial
October 30, 2007 Community Center
239 Main Street, Buzzards Bay
1. 7:00 – 7:15 (Items 1-7)
Call to order
2. Moment of Silence for our Troops
3. Salute the Flag
4. Approval of Minutes
5. Announcements – upcoming public events notification
6. Public Comment – Non-Agenda Items
7. Correspondence
8. Discussion - Citizen of the year
9. 7:30 – 9:00
Toby Island Conservation Restriction
Break
10. 9:10 – 9:30
Energy efficiency – Alternative Energy Committee formation discussion
11. 9:30 – 9:40
Holiday schedule – Board action
12. 9:40 – 9:45
Town Administrator’s Report Budget update
13. 9:45 – 9:50
Other Selectmen Business
14. 9:50 – 10:00
Selectmen’s Report
15. 10:00
Adjourn
Selectmen’s Minutes
October 30, 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
Linda M. Zuern
John A. Ford, Jr.
Call the Meeting to
Order
Meeting was called to order at 7:00 P.M.
Moment of
Silence/Salute the Flag
Approval of Minutes
Chm. Mealy noted tabling minutes of October 23, 2007 until next week.
Announcements
Several announcements of upcoming events were made.
Public Comment – Non Agenda Items
None at this time.
Correspondence
Conservation Commission is asking the Board for clarification on future applications for a conservation restriction. Chm. Mealy asked members to put thoughts together and discuss at next week’s meeting.
Discussion – Citizen of the Year
Selectman Conron suggested annually recognizing a volunteer with outstanding contributions to the Town of Bourne.
She suggested this person being recognized at Town Meeting with a plaque, and an invitation to be in the Fourth of July Parade. She also suggested an event to invite committees to recognize members.
Selectman Zuern suggested having more than one person recognized annually.
Selectman Sloniecki suggested TA Guerino present the Board with four (4) or five (5) candidates. He also suggested putting monthly candidates’ names on the marquee before the Selectmen’s meeting.
TA will look into further and discuss at the next meeting.
Selectman Conron MOVED and SECONDED by Selectman Ford to have candidate Reggie Judson come in front of the Board to receive his award. VOTE 5-0.
Toby Island Conservation Restriction
TA Guerino noted sending an e-mail to the staff requesting any additional information for said Conservation Restriction. He also requested if no changes made to please advise.
TA Guerino obtained a Property Assessment Analysis for the Board’s review. He also noted receiving letter dated October 29, 2007 from Brendan Mullaney stating the Bourne Conservation Commission has not reviewed the revised Conservation Restriction due to the timeframe and therefore, no additional information at this time.
Staff Discussion
Coreen Moore (Town Planner) noted her e-mail correspondence with Irene Del-Bono (EEA) regarding pending Conservation Restriction, requesting opinion and suggestions.
Ms. Moore also questioned what the Town’s role is since the Conservation Restriction was already reviewed at the State level as to form. Ms. Del-Bono stated since this Conservation Restriction will be held by the Conservation Trust, which will hold and enforce the Restriction, the Town’s role is to look at the tax deduction related to our policy.
Coreen Moore summarized by noting her reservations and concerns of said Conservation Restriction that should be worked out before approved:
1.5.2.a.3 – Questioned the right to allow a dock when a dock is already not allowed by the town.
5.3 – Questioned increased activity due to the subdivision and conveyance.
5.3.a – Increase in living area. Changing living space to bedrooms would affect the septic system which would then affect the environment.
Coreen Moore suggested clarifying language in these areas of concern.
Mike Leitzel (Engineering) summarized by stating both of his concerns were addressed (Planning Board left out and access), therefore feeling better having the changes in the Conservation Restriction.
TA Guerino noted seeking Town Counsel’s opinion of what the town’s responsibilities are for future conservation restrictions.
Applicant Discussion
Ken Legg (landowner) discussed the property and it’s uniqueness. He requests to protect the property as is, in perpetuity, and the preservation of historic buildings.
He addressed the change of language. Ken Legg read into record:
a) Retain dock
b) Retain septic
c) Transfer title (all but Lot A) to the Conservation Trust
d) No public access
e) Property tax
Mr. Legg addressed the Summary of Revisions dated October 17, 2007.
Selectmen Discussion
Selectman Zuern noted seeing more development with the restrictions on said property and questioned why some items would fall under the Conservation Restriction.
Mark Robinson (Conservation Trust) hoped the Board would join with the Conservation Trust to protect said property.
Atty. Eugene Curry (Gray Gables) noted a Conservation Restriction does not give owner the right to give up all his rights on the property.
TA Guerino noted Town Counsel’s acceptance is in form only.
Paula Goldberg (The Compact of Cape Cod Conservation Trusts, Inc.) noted existing buildings are limited to the same footprint and being limited to the certain square footage of living area.
Ms. Goldberg further noted front and rear facades of the carriage house must be maintained despite circumstances (renovated, fire damage, etc.).
Selectman Ford noted not much has changed with regard to information presented on October 17, 2007 to change his vote.
Selectman Sloniecki MOVED and SECONDED by Selectman Conron to approve the Toby Island Conservation Restriction.
Discussion held.
Selectman Zuern suggested withdrawing motion to review information given tonight.
Chm. Mealy ruled motion is in order.
Public Discussion
Phyllis McLaughlin (Monument Beach) hoped the Board would not approve said Conservation Restriction. She also commented on historical buildings.
Mr. Don Hayward read definition of ‘Conservation Restriction’ and stated not being in favor of said Conservation Restriction.
Jim Mulvey (Buzzards Bay) noted not being in favor of said Conservation Restriction.
Paula Goldberg commented on clarification on language of said Conservation Restriction. In summary, she reiterated Ms. Del-Bono noted said property is an important piece of property.
Paul Bushueff (Conservation Commission) commented on being interested in what is in a Conservation Restriction?
Charlie Miller (Monument Beach) commented not being in favor of Conservation Restriction.
Closing Remarks
Selectman Zuern suggested sending revisions to Town Counsel and make language clearer before taking a vote.
Selectman Conron noted her role in making a judgment if the Conservation Restriction is in the public’s interest and would be in favor of the vote.
Selectman Sloniecki noted said Conservation Restriction is in the best interest of the Town.
Roll call:
Selectman Zuern – no, Selectman Sloniecki – yes; Selectman Conron – yes; Selectman Ford – no; Selectman Mealy – yes.
Chm. Mealy noted motion passes VOTE 3-2.
Energy Efficiency Discussion
Selectman Conron noted discussion of the proposed Energy Efficiency Committee with Selectman Zuern.
Selectman Conron read into record several suggestions discussed:
1) Seven (7) to nine (9) citizens for one-year term, knowledgeable in alternative energy.
2) Assist the Board of Selectmen in municipal purposes. Committee work to include: a) citing or utilizing energy; and b) identify properties.
3) Assist Board of Selectmen with preparation of financial analysis.
Chm. Mealy suggested the Board take information into consideration and review at next week’s meeting.
BREAK
Holiday Schedule
TA Guerino noted amending previous Holiday Schedule. He proposes an additional ½ day on Monday morning of Christmas Eve (8:30 am – 12:00 pm) for non-critical and non-emergency personnel.
Selectman Zuern MOVED and SECONDED by Selectman Sloniecki to give additional ½ day for the Monday before Christmas. VOTE 5-0.
Town Administrator’s Report – Budget Update
Other Selectmen’s Business
Selectman Ford requested to send letter of Mashnee Bar and Grill complains from the correspondence to the Police Department. He also suggested getting together with Village Association.
Selectman Zuern further noted the Coalition is looking for stationary blocks for boom system
with regard to the oil spill.
Selectmen’s Report
Selectman Ford noted attending the Mass Municipal Personnel meeting discussion on Open Meeting. TA Guerino also attended and will hand out materials from said meeting.
Adjourn
Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to adjourn. Meeting adjourned at 10:25 pm. UNANIMOUS VOTE.
Respectfully submitted,
Lisa Groezinger, sec.