Board of
Selectmen’s Minutes
April 22, 2008
Bourne’s Veteran’s
Memorial Community Center
239 Main Street
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Thomas M. Guerino, Town Administrator
Stephen F. Mealy, Chairman
Jamie J. Sloniecki, Vice Chairman
Judith W. Conron, Clerk
Linda M. Zuern
John A. Ford, Jr.
Meeting Called to Order
Meeting called to order at 7:10 pm.
April 1, 2008 minutes will be sent out to the Board for approval at the next meeting.
Selectman Conron reviewed the correspondence. All correspondence is on file in the Town Administrator’s Office.
Chm. Mealy inquired about Item G (letter from Falmouth – Wastewater Management Planning). TA Guerino will discuss at the end of Correspondence.
Selectman Zuern requested the Conservation Commission be copied on Item C (Canalside Commons/Windfarm). TA Guerino will send copy to the Conservation Commission.
Selectman Ford inquired about Item S (Opinion – division responsibility). TA Guerino clarified that the first week of May is relative to the Cape Cod Group making a decision if the Board chooses to join. In the meantime, the Board needs to set the rate with the current group they have regardless.
TA Guerino recommends the Board reply to the Town of Falmouth indicating Bourne is open to review what is available to move forward.
Item K – Axis Surplus Insurance company policies. TA Guerino clarified this is a change of incorporation, no loss in coverage.
TA Guerino reviewed briefly Item V – UCTRC – IMA.
Presentation by Accreditation Coordinator Jacqueline
Loring on the process to work toward National Accreditation for Council on
Aging.
The Council on Aging voted to start the process of getting official recognition to demonstrate in compliance with State standards for senior centers. This will ensure extra security for elders, their families and caregivers.
The process takes about a year, including a self-assessment
with an on-site/off-site peer review.
Ms. Loring, Accreditation Coordinator, noted the accreditation launch is
April 28, 2008 (5:00 pm – 6:30 pm) and all citizens are invited to attend.
Public Hearing – Courtyard Restaurant (continuation from
3/25/08)
Selectman Sloniecki MOVED and SECONDED by Selectman Ford to open Public Hearing regarding the Courtyard Restaurant. VOTE 5-0.
Mrs. Miller read her opening comments.
Peter Mackin (Cataument) raised issue with the value of his home due to the noise coming from the Courtyard Restaurant. He requested a resolution tonight by reducing noise and/or volume and outside entertainment.
Selectman Mealy read into record the Courtyard Restaurant’s written proposal as written by Atty. Mills:
Kathleen Donovan (Monument Beach) commented on having a dry town.
David Foynes (Sagamore Beach) said the Board should take a position and implement.
Bill Grant (Cataumet) proposed to re-open discussion during the summer months to address issue with decibel levels. He also suggested the Bylaw Committee come up with a bylaw to address all entertainment licenses for the town.
Jim Decater (performer at Courtyard – inside entertainment) said he is being more attentive to the music level and stopping music earlier than normal.
Matt Bangoff (performer at Courtyard – outside entertainment) said he is also being more attentive to the music level and stopping music earlier.
Mr. Foynes suggested that the people who have the biggest complaint invite the Selectmen to listen to the music from their properties.
Paul Forsberg (Pocasset) said he would not like to see any changes for the inside music.
Ms. Miller said she and her husband would be willing to address issue during the summer, and is asking for some time to look into soundproofing restaurant without having a negative impact on their business.
Joe Agrillo made some comments and was asked not comment only on the issue. He then commented on the hours of operation.
Paul Bushueff (Gray Gables) asked the Board to give the owners of the restaurant time to have the opportunity to cure the problem.
George & Paula Schuck (Cataumet) suggested the action taken tonight is to do nothing at this time and give the owners an opportunity for a solution. They stated again they never found the noise to be obsessive and for the Board to keep an open mind.
Matt Sorville (employee at Courtyard) raised issue of restricting other entertainment licenses in the town and not just limit the Courtyard.
Rolly Rourke (Pocasset) commented on the various charity events at the Courtyard and how the Millers care about the town. He also commented on the Board not to take any action tonight.
Tim Roche (Buzzards Bay) asked the Board to think of the uniqueness of the Courtyard and to think about the business for the town.
Mr. Sorville clarified the term amplification.
Selectman Sloniecki MOVED and SECONDED by Selectman Conron to close Public Hearing. Roll call, Zuern – yes, Sloniecki – yes, Mealy – yes, Conron – yes and Ford – yes. UNANIMOUS VOTE.
Selectman Ford commented on agreeing to go by the Courtyard’s proposal in a prior motion and encouraged the Board to work with town businesses.
Selectman Zuern commented on visiting the Courtyard at night and clarified for the record Mr. Agrillo’s accusations made against her. Her concern is allowing the neighbors to get sleep.
Chm. Mealy inquired about outside entertainment discussion.
TA Guerino reminded the Board of their actions tonight: 1) to resolve and/or rescind the Stay; and 2) to amend and/or rescind original vote to put limits on license and establish new rules.
Selectman Conron MOVED and SECONDED by Selectman Zuern to rescind the Stay. VOTE 5-0.
Selectman Ford MOVED and SECONDED by Selectman Sloniecki to amend license restrictions as outlined in agreement drawn up by Atty. Mills and Mr. & Mrs. Miller and attach to their entertainment license and review in July 22, 2008 (inside live entertainment 7 days/week from 11:00 am –12:30 am; all outside entertainment Sunday – Thursday from 11:00 am – 12 midnight and Friday & Saturday 11:00 am - 12:30 am. with no percussion or bass instruments)
Selectman Conron encouraged complaints of noise called in so they can be logged and brought to the Selectmen’s attention.
Selectman Ford disagreed and asked to get a third party to verify the complaints and document to take action.
Chm. Mealy asked for clarification on closing doors and windows indoors year round. Atty. Mills clarified and stated his clients (Millers) will take appropriate action to limit noise coming from indoors.
The Board of Selectmen will meet to review the Courtyard’s Entertainment Licenses on July 22, 2008.
MOTION VOTE 5-0.
Selectman Sloniecki MOVED and SECONDED by Selectman Conron for a brief recess. UNANIMOUS VOTE.
Selectman Conron MOVED and SECONDED by Selectman Zuern to reappoint Peggy Fantozzi as Bourne Representative to the Cape Cod Water Protection Collaborative for two (2) years. VOTE 5-0.
Selectman Conron requested updates from the Collaborative. TA Guerino informed the Board he and Ms. Fantozzi have frequent contact with each other.
TA Guerino said the Board of Selectmen’s Special Permit Filing Fees were last increased in 2002. He will bring an amendment for the next meeting (increasing fees from $75 to $200 - $250). He will also supply a list of the departments requiring said permits.
Other Selectmen Business
Chm. Mealy read into record the Proclamation of the Equal Pay Amendment to the Civil Rights Act.
Selectman Conron MOVED and SECONDED by Selectman Zuern to adopt the Proclamation of the Equal Pay Amendment to the Civil Rights Act as read. VOTE 5-0.
Selectman Sloniecki asked for item to be put on the agenda for discussion and to get the Board’s opinion.
Selectman Zuern suggested bringing in a donated item for collection for the Food Pantry at Town Meeting.
Selectmen’s Report
Selectmen Zuern and Ford commented on the play at the MMA.
Selectman Sloniecki commented on the Courtyard Restaurant process. He reminded everyone that May 5, 2008 was the Special Town Meeting and the Annual Town Meeting. Childcare will be available and encouraged people to attend.
TA received final amended budget to put in budget book and also thanked the Finance Committee chairman for effort.
Chm. Mealy said he has completed his Town Administrator review and is ready for submittal.
Adjourn
Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to adjourn. Meeting adjourned at 9:20 pm. UNANIMOUS VOTE.
Respectfully submitted,
Lisa A. Groezinger, sec.