Board of
Selectmen’s Minutes
March 18, 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 5:30 pm.
Jeff Avery commented on the Main Street Improvement – expanding and improving farmers market.
Selectman Conron reviewed the correspondence. All correspondence is one file in the Town Administrator’s Office.
TA Guerino noted a trend in $350 - $500 per month. An amendment will allow no less than $1.6M in reserves.
TA Guerino gave explanation of two separate accounts – trust fund and employee share are two separate accounts. The trust fund itself is separate from the budget.
Discussion on Town Counsel’s decision re: Selectmen setting the rate. Selectman Zuern suggested rewording language.
Selectman Ford noted the Town Account is an interest bearing account. He heard questions on if the town side had to be in a trust fund.
Selectman Conron suggested language in Statement of Reason be clear.
Selectman Zuern suggested language in the Treasurer’s section be “… after approval by the Board make the necessary adjustments …”
Selectman Zuern questioned the appropriation wording. Selectman Sloniecki suggested language “… TA Administrator in conjunction with Finance Director …”
Chm. Mealy inquired of a quarterly average to trend up and if the Board accepts the $1.6M, to set up quarterly average to trend up.
Discussion held on not putting exact numbers in policies.
TA Guerino noted any amendments or changes would come before the Board at the next meeting (at third meeting) and requested any additional changes be brought to his attention. On the third meeting, the Board would consider an adoption or rejection.
Main Street Steering Committee
Create a viable program for revitalizing Buzzards Bay and develop a methodology in achieving goal. Study was commissioned by the Bourne Financial Development Commission.
Overview given to the Board of Selectmen as a comprehensive plan (a copy of which is attached hereto).
Selectman Zuern raised issue with the drawing of the building in front of Wallace Avenue being deceiving as it is not drawn to scale.
Selectman Zuern noted the request of preserving traditional neighborhoods, in keeping the two story buildings. She encouraged people living in Buzzards Bay to attend Main Street Steering Committee meetings to voice their concerns.
Selectman Zuern noted an underground parking in flood zone issue. She also inquired if perspective developers could bear the cost of the Wastewater treatment facility.
Overview zoning changes came from a rough draft of village zoning compiled from other areas. Traditional zoning is separated. Bourne Village is a centered development which puts them all together and is more complex.
Some suggestions for the first three years: bridge park; dog park; pavilions along the parking lots; small amphitheatre; expanding parking behind that facility; wetland restoration along waterfront where have parking; renovating Police and Fire Stations; enhancements to Queen Sewell Park, reconfiguring Memorial Circle; realign Washington Street; create surface lots along Taylor Road; Belmont Circle, private enhancements as some suggestions.
Discussion on the need to change zoning bylaws to accommodate buildings close to the street.
Selectman Ford raised issue of not having wastewater management facility at Bourne when comparing to downtown Hyannis who already had a wastewater management facility.
Public hearing dates were announced: March 26, 2008 at the UCT; same presentation
in April – TBD.
Selectmen Sloniecki MOVED and SECONDED by Selectmen Zuern a brief recess. UNANIMOUS VOTE.
Selectmen Sloniecki MOVED and SECONDED by Selectmen Zuern to reconvene meeting at 7:20 pm. UNANIMOUS VOTE.
Override Spreadsheet and Intermittent Police Officers Overview. Three year projection for 6 people – two per year over three years. Cost of $349,162.55
Adding two or three additional patrol car and no additional staff recommended.
TA Guerino noted putting in a dedicated fund or go for override three years in a row, would have access levy capacity for additional Police services. Discussion held on amount of $400,000.00 range is more understandable to the public.
Hiring process overview. Training period is for evaluation purposes. No restrictions on full time academy – reimbursement after five-year service.
Discussion on hiring all at once vs. a couple at a time.
The consensus of the Board is to review and vote tonight to put on the ballot tonight.
Selectman Ford MOVED and SECONDED by Selectman Zuern to endorse plan to put Article in Town Meeting for additional police officers on line item override for additional monies for police budget. VOTE 5-0.
Comparison of Preliminary Estimates 1/05 and 2/08 of the building expansion project with line items reviewed.
Debt exclusion Article – originally asked for construction cost of $7,400,564 and now asking $9,160,254 for final cost to municipality of $5,807,553.00 (about a 25% increase).
Building increase in square footage of 29,224
State increasing grant by 15% - $2,852,702
Selectman Zuern MOVED and SECONDED by Selectman Conron to put on Town ballot for override for debt exclusion in the total amount of $9,160,254 with cost to town not to exceed $6,307,553. VOTE 5-0.
Deferred to next week
Chm. Mealy read into record Entertainment License Hearing for Courtyard. Atty. Robert Mills representing the applicant. Atty. Robert Troy representing the Board of Selectmen.
Atty. Troy noted what is before the Board is an administrative confirmation – whether the Board wants to place restrictions to the license.
The Board has jurisdiction without limits to impose whatever conditions it feels appropriate necessary balancing needs of licensee and the requests of the public.
Chm. Mealy noted requests: 1) stopping outside entertainment at 10:00 pm; and 2) elimination of outside entertainment that is amplified.
Bill Grant (Cataumet) noted requesting fair accommodation - is no live entertainment after 11:00 pm and no outdoor music at anytime.
Joe Agrillo noted to leave entertainment license as is.
Don Hayward (Monument Beach) suggested establishment comply with existing noise bylaw.
Jim Mulvey (Buzzards Bay) noted congregating after premises after closing hours was an issue.
Drew Sagadelli speaking for an abutter and said noise allegations are not recognized.
Mrs. Grant noted living further away from the Courtyard and addressed specific time of when awakened.
Martin McCabe, abutter, noted noise has not been an issue.
Bob McCabe, abutter, noted not being affected by the noise.
Kelly Maury, abutter, noted problem that came in her first summer of moving into her home. After speaking with Town Hall and the Police Dept. she was told to negotiate with the Millers to discuss noise issues. She asked the Selectmen to be fair to both homeowners and business owners.
Sean Patterson (Monument Beach) asked the Board if they impose restrictions then to do so on the Parrot as well, as there is no way of knowing if all noise is coming from the Courtyard. He noted volume is the same in the Courtyard and the Parrot.
Anthony Dunbar stated buyer beware.
Selectman Zuern noted driving by the Courtyard at night and drove down streets and could hear the music. No sound was coming from the Parrot at that night and asked to discuss the Courtyard only.
Peter Fisher, abutter, noted damages done to his property and discussed with Miller. Previous owners held insurance coverage to cover damage. Current owner doesn’t have insurance coverage. He raised issue on the parking capacity.
John Dorenzo representing his elderly parents and noise is not an issue.
Kevin Buckley noted people do hear music asked to take into consideration. He also asked the Board to outline their final determination.
Christian Derigini (Courtyard employee) addressed loitering and added door staff to clear everyone cleared out of parking area by 1:30 am.
Atty. Robert Mills suggested to the Board acoustic, but not amplified at anytime, indoor and outdoor music until 12:30 pm.
Jim Mulvey inquired what happens if the restrictions aren’t working. Atty. Troy stated that the Board has the right to make restrictions. Once decision made, that is the license. If there are complaints subsequent, it is a violation/procedure.
Atty. Troy reminded the Board to stick to issue, discuss only licensee before you. If you learn something that pertains to other businesses, it is appropriate to address when said businesses come for a renewal license.
In summary, the Board’s position tonight is an administrative hearing – make a judgment of credibility and either take action or no action. He added to listen only to people who say there is a problem.
Selectman Zuern asked Atty. Troy about addressing parking. Atty. Troy noted Issue is the entertainment license and hours of operation.
Joe Agrillo raised issue with Atty. Troy’s comments.
Clarification of amplification discussed (not with music, but amplified voice).
Rod Rodderick stated he looks forward to listening to the outside music when he comes to the Courtyard.
Selectman Conron MOVED and SECONDED by Selectman Sloniecki to close public hearing at 9:25 pm. VOTE 5-0.
Courtyard Entertainment License Discussion
Selectman Sloniecki noted there is a need to record complaints.
Selectman Conron MOVED and SECONDED by Selectman Zuern license to include inside music from 1:00 pm - 12:30 am on Friday and Saturday. Inside music on Sunday – Thursday from 1:00 pm – 11:00 pm. Outside music from 2:00 pm – 10:00 pm on Friday, Saturday and Sunday with no amplification. All doors and windows closed for inside music. VOTE 3-2 with opposing votes from Selectmen Sloniecki and Selectman Ford.
Charley Miller raised issue with Fire Code. TA Guerino will get back to the board re: Fire Code with half door.
Selectman Zuern added though music is stopped at 11:00 pm, patrons can still stay. Selectman Sloniecki noted patrons will go elsewhere.
For the record, TA Guerino noted this particular license does not preclude any establishment coming regarding fundraising and charitable functions.
Selectman Sloniecki MOVED and SECONDED Selectman Zuern a brief recess. UNANIMOUS VOTE.
Selectman Ford MOVED and SECONDED Selectman Zuern to reconvene. UNANIMOUS VOTE.
Selectman Ford MOVED and SECONDED by Selectman Sloniecki to approve increase of cars for dealership from current of 175 to 585 in accordance with site plans/special permits for Falmouth Toyota per Planning Board (needs bldg. Permit w/recorded copy of decision before beginning project); Board of Health (as long as no car washing on site). VOTE 4-0.
Selectman Sloniecki noted the Planning Board voted unanimously for said change.
Selectman Conron MOVED and SECONDED by Selectman Sloniecki to approve Change in Manager (from Suzanne Greenberg-Caroll to Steven Higgins) on liquor license for Cape Boulevard, LLC per Fire Department (need inspection of fire door).
VOTE 5-0.
TA Guerino reviewed Articles in Town Warrant.
Selectman Zuern MOVED and SECONDED by Selectman Ford to remove Article 34 (Mixed Use Development) from Town Warrant. VOTE 4-0.
Selectman Zuern MOVED and SECONDED by Selectman Ford to remove from Town Warrant Articles 13, 17 and 25. VOTE 4-0.
Town Administrator’s Report
Selectmen’s Report
Adjourn
Selectman Conron MOVED and SECONDED by Selectman Zuern to adjourn. Meeting adjourned at 10:25 pm. UNANIMOUS VOTE.
Respectfully submitted,
Lisa A. Groezinger, sec.