Board of
Selectmen’s Minutes
March 25, 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 7:15 pm.
Selectman Sloniecki MOVED and SECONDED by Selectman Ford to approve minutes of March 18, 2008 as submitted. VOTE 5-0.
Joe Agrillo commented on last week’s noise bylaw hearing and Atty. Troy.
Charlie Miller commented on town committees and requested to know what their duties are.
Jeff Avery reported on the Farmer’s Market meeting and noted another meeting April 4, 2008.
Selectman Conron reviewed the correspondence. All correspondence is one file in the Town Administrator’s Office.
Selectman noted e-mail from private petitioner on Noise Bylaw and will discuss under Other Selectmen’s Business.
Alternative Energy
Advisory Committee - Eugene D'Amaddio
Letter dated March 21, 2008 submitted re: First Quarterly report – Committee Name & Selectmen’s Charge, enclosing Existing Committee Charge and recommended changes to the Committee Name and Selectmen’s Charge.
Selectman Zuern MOVED and SECONDED by Selectman Ford to approve submitted recommended changes of new name called the Selectmen’s Energy Advisory Committee - composed of 7-11 citizens appointed for one year term; and Committee Charge (items 1-5), including add and present full to the Board of Selectmen. VOTE 5-0.
Mr. D’Amaddio also requested a member with financial knowledge as the Committee moves forward.
Courtyard - request for temporary stay - Attorney Mills
Atty. Robert Mills request for reconsideration and temporary stay.
Selectman Sloniecki suggested a site visit with a decibel reader before making a decision regarding long-term conditions and restrictions.
Chm. Mealy commented on the number of complaints logged with Police Department on the Courtyard. He would support a reconsideration of vote and suggested the Courtyard come before the Board in July for update and to make appropriate action if necessary.
Selectman Sloniecki MOVED and SECONDED by Selectman Ford grant request for temporary stay until April 22, 2008, at which time a public hearing will be held at 7:15 pm in which the town may reconsider vote. VOTE 4-1 with opposing vote from Selectman Conron.
Licenses/Permits/Appointments:
a. Seasonal License Renewals
a (1) Chart Room
Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to approve Seasonal
Common Victualer and All Alcoholic License Renewal for the Jarvis, Inc. d/b/a
Chart Room. VOTE 5-0.
a (2) Mashnee Island Grill
Selectman Zuern MOVED and SECONDED by Selectman Ford to approve Seasonal Food
License, Weekday Amusement and Sunday Amusement Seasonal License renewal for
the Mashnee Island Food Service, Inc. d/b/a Mashnee Island Grill. VOTE
5-0.
Mashnee Island Discussion
Gene LaPlante - commented on the
noise at the Mashnee Island Grill.
John Ryan – commented on the noise
at the Mashnee Island Grill and asked for license restriction.
Erik Bevans (owner of Mashnee Island
Grill) – addressed ways to continue to work with neighbors who were imposed by
the Mashnee Island Grill. Mr. Bevans
stated he will give “last call” at 11:30 pm during the summer, except if the
Red Sox are playing extra innings.
Chm. Mealy asked and it was the
Board’s preference to hear public comment at this time.
Ann LaPlante – gave brief history of
why an issue with Mashnee Island Grill.
Richard Crowell – commented on
issues at Mashnee Island Grill.
Paul Bushueff – commented on Mashnee
Island Grill’s support of the Bourne Community Boating and took responsibility
for BCC outing complaints.
Deborah Wyman – commented on the
noise, and stated there are no boundaries on the property.
Monica Wickstron – commented on
complaints with the Police Department.
TA Guerino noted complaints are now
documented on Municipal Complaint Forms at Town Hall.
Selectman Zuern suggested Mashnee
Island Grill have police patrol for one hour between 12:00 A.M. and 1:00 A.M.
a(3) Sagamore Inn Inc.
Selectman Conron MOVED and SECONDED by Selectman Ford to approve Seasonal Liquor
License and Food License Renewal for the Sagamore Inn, Inc. VOTE 5-0.
a(4) Lobster Trap Fish Market
Selectman Conron MOVED and SECONDED by Selectman Ford to approve Seasonal Liquor
and Food License Renewal for the Lobster Trap Fish Market. VOTE
5-0.
Selectman Conron MOVED and SECONDED by Selectman Ford to approve Seasonal Food
Licenses for Betty Ann’s Dairy Freeze, East Bay Lobster, Seafood Shanty and
Whistle Stop Company. VOTE 5-0.
Selectman Conron MOVED and SECONDED by Selectman Ford to approve General
Amusement License for Cataumet Light and Mini Golf. VOTE 5-0.
b. Farmer's Market
Selectman Ford MOVED and SECONDED by Selectman Sloniecki to approve Farmer’s
Market on Fridays – July 11, 2008 through October 31, 2008 (except during the
Scallop Festival) 10:00 am – 2:00 pm per Board of Health (whole fruits and
vegetables only). VOTE 5-0.
c. Sagamore Beach Colony Club -
One Day Liquor
Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to approve One Day Liquor
– Beer & Wine License on July 14, 2008 – 5:00 pm – 11:00 pm for the
Sagamore Beach Colony Club. VOTE 5-0.
Selectman Sloniecki requested to add
a “purpose” section on application.
d. LuLu's Walk
Selectman Ford MOVED and SECONDED by Selectman Ford to approve Lulu’s Walk on
September 27, 2008 from 9:00 am – 6:00 pm (estimated attendance – 300) per
Board of Health (no unlicensed food). VOTE 5-0
e. BBVA 5k Road Race
Selectman Sloniecki MOVED and SECONDED by Selectman Ford to approve BBVA 5k Road Race on May 25, 2008 from 9:00 am – 12:00 pm as submitted. VOTE 5-0.
f. Any Occasion Limousine - Public Livery Licenses
Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to approve Public Livery
Licenses for three vehicles for Any Occasion Limousine per Board of Health (no
car repairs on site except for regular maintenance, no disposal of hazardous
waste); Police Dept. (owner will make appointment with Sgt. Farrell, to have
all vehicles inspected); Fire Department (no repairs on location). VOTE
5-0.
Complete Article Review - Annual Town Meeting
TA Guerino noted Atty. Troy working to combine ATM Article 31 with Article 21 (Housing Partnership Articles).
Planning Board – Zoning Bylaws Articles
Chris Farrell discussed ATM Article 19 re: Planning Board working with Historical Commission to modify definitions (adding total demolition, partial demolition and demolition permit).
TA Guerino noted Article 34 (Planning Board) was pulled from the ATM.
Article 19: Selectman Sloniecki MOVED and SECONDED by Selectman Zuern to endorse ATM Article 19/Zoning Bylaw Article. VOTE 5-0.
It was suggested to have Coreen Moore come before the Board to address Planning Board sponsored articles for clarification.
TA Guerino requested support staff be the appropriate venue for explanation at Town Meeting on Planning Board sponsored Articles.
Review article close-outs
TA Guerino handout of Capital Outlay Report and noted Linda Marzelli has authority to close out articles. He asked the Board to look at the $103,119.47 to be used as other purposes.
TA Guerino added that close out articles is another option to the other three (3) alternatives if the Board chooses to put towards the $85,000 to the school budget shortfall.
Discussion held.
Selectman Ford MOVED and SECONDED by Selectman Conron to approve to Close Out Article items as recommended by TA Selectman for a total of $103,119.47. VOTE 5-0.
Additional School Funding determination
Selectman Mealy MOVED and SECONDED by Selectman Conron to support $95,000 to be supplemented to the school’s budget. VOTE 3-2 with opposing votes from Selectman Ford and Selectman Zuern.
Selectman Ford read into record letter discussing local government funding monies not coming from the State Government and the shading of other town department budgets.
TA Guerino noted that with said vote, he would add $95,000 to Bourne School Department Line Item.
Determination on the FY09 Budget
Deferred to next week.
Selectmen's Noise By-Law discussion
Selectman Ford MOVED and SECONDED by Selectman Ford to recommend withdrawing Selectman’s Bylaw Petition to keep from duplication of Article in warrant. VOTE 4-1 with opposing vote from Selectman Conron.
Completion of the Board’s recommendation of adding additional Police
services for an Override Ballot Question
TA Guerino stated a total of $370,565 would fund five (5) police officers.
Selectman Conron MOVED and SECONDED by Selectman Ford to approve $370,565 to fund an additional five (5) police officers for Targeted Override added to the Police Budget. VOTE 5-0.
Other Selectmen Business
a. Health Insurance reserve policy
Deferred to next week.
Selectmen's Report
Selectman Sloniecki raised issue with e-mail by private petitioner re: Noise Bylaw. Her property was egged and has issue with safety.
Selectman Sloniecki MOVED and SECONDED by Selectman Conron to endorse Town Administrator speak with Police Chief for occasional patrols by petitioner’s house. VOTE 5-0.
Peter Mack – commented on his property being egged on same above issue.
Adjourn
Selectman Sloniecki MOVED and SECONDED by Selectman Conron to adjourn. Meeting adjourned at 10:10 pm. UNANIMOUS VOTE.
Respectfully submitted,
Lisa A. Groezinger, sec.