Board of Selectmen S Minutes August 11, 2015

Board of Selectmen Minutes of Tuesday, August 11, 2015 Bourne Community Building Bourne, MA 02532

TA Guerino

Selectmen Stephen Mealy, Chairman Don Pickard, Vice-Chairman Michael Blanton, Clerk Don Ellis Peter Meier

Note this meeting is being televised and recorded. If anyone in the audience is recording or videotaping, they need to acknowledge such at this time – Michael Rausch Bourne Enterprise and Ryan Barber Cape Cod Times, and Paul Gately Enterprise.

All items within the meeting agenda are subject to deliberation and vote(s) by the Board of Selectmen.

Documents

Meeting Called to Order Chm. Mealy called the meeting to order at 7:25 pm.

Moment of Silence for our Troops/Salute the Flag

6) Licenses/Appointments: a. 7:15 p.m. Golden Place – Transfer of Ownership

Voted Peter Meier moved and seconded by Michael Blanton to open the public hearing by roll call vote. Peter Meier – Yes; Don Pickard – Yes; Stephen Mealy – Yes; Michael Blanton – Yes; Don Ellis – Yes. Vote 5-0.

Stephen Mealy read the Public Notice: Notice is hereby given in accordance with Massachusetts General Laws Chapter 138, Section 12 that application has been received from Chen Restaurant, Inc., d/b/a Golden Place Restaurant, 4 Barlow’s Landing Road, Unit 2A, Pocasset, MA to amend their year round Common Victualer License for the sale of Wine & Malt Beverages as follows: transfer of stock, appointment of New Officer/Director and change of manager from Ze Min Chen to Dong Rong Chen. Description of premise: 2,600-sq. ft. unit containing kitchen, dinning room with 30 seats, men’s and ladies’ rest rooms, one front and two rear entrances/exits. A hearing will be held at Bourne Veterans Community Center, 239 Main Street, Buzzards Bay, on Tuesday, August 11, 2015 at 7:15 p.m.

Dan Neelon counsel for the Chen restaurant, Inc., d/b/a/ Golden Place Restaurant stated this is an intra-family transfer. Ze Min Chen would like to retire and transfer this to his son Dong Rong Chen. The only left to do is the inspection by the Fire Department. Board Of Selectmen’s Minutes August 11, 2015

Voted Peter Meier moved and seconded by Don Pickard to close the formal hearing by roll call vote. Peter Meier – Yes; Don Pickard – Yes; Stephen Mealy – Yes; Michael Blanton – Yes; Don Ellis – Yes. Vote 5-0.

Voted Don Pickard moved and seconded by Peter Meier based upon a completed application for the Golden Place Restaurant to amend the year round Common Victualer License for selling wine and malt beverages, as well as transfer stock, appoint a new Officer/Director, and change as manager from Ze Min Chen to Dong Rong Chen to approve the transfer and note prior to the transfer the Fire Department has noted in the routing slip they need to have inspected the fire and sprinkler systems. Voted by roll call vote: Peter Meier – Yes; Don Pickard – Yes; Stephen Mealy – Yes; Michael Blanton – Yes; Don Ellis – Yes. Vote 5-0.

Public Comment – Non-Agenda Items None requested.

4) Minutes:

Voted Don Pickard moved and seconded by Peter Meier to approve the minutes from July 28, 2015 but note on page 7 Section 7A paragraph 3 should read Bonding Company not Bond Company; on page 10 paragraph 3 change to read reduce library hours to 4.5 hours a day. Vote 5-0.

5) Correspondence

Michael Blanton brought the committee up to date on the correspondence.

A. Letter of interest from Lydia Manter to serve on the Bourne Historical Commission B. Letter of interest from Linda Connors to serve on the Council of Aging Board of Directors C. Letter of interest from Molly Mahoney to serve on the Energy Advisory Committee D. Letter of interest from Rosanne Bottaro to serve on the Recycling Committee E. Receive sign Administrative Consent Order regards to property on 120 Main Street, Buzzards Bay from DEP with regards to Environmental concerns F. Received 2 letters from Robert Sullivan regarding back taxes at 34 Williams Avenue, Pocasset; looking for relief from the Board G. Received 2 letters from the Hitchcock family regarding their property at 24 Central Blvd., Monument Beach; looking for relief H. ABCC will hold a hearing on Buzzards Bay Eagles for Permitting Gambling I. Letter from Eversource submitted their yearly Operational Plan back in January 2015 and are now asking if there are any additional sensitive areas located on or near the rights of way to notify them as soon as possible J. Division of Marine Fisheries: Open to shellfishing – Hiawatha Road K. Division of Marine Fisheries issued Shellfishing Propagation Permit to Patrick Ross for Monks Cove

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L. Division of Marine Fisheries issued Shellfishing Propagation Permit to Dan Maurice for South of Tobey’s Island M. Division of Marine Fisheries issued Shellfishing Propagation Permit to Selectmen Town of Bourne for Little Bay, Monument Beach N. Letter from Douglas Manter, of Barnstable, regarding Con Edison Future Generation Wind/American Indian Religious Freedom Act O. Invitation by Keystone Place at Buzzards Bay to attend a complimentary Seminar P. Letter from Linda Carpenter and the Cataumet Club thanking the Selectmen, Police & Fire Departments, Natural Resources, and Ms. Nancy Sundman for making their 100th year celebration a success Q. Chapter 0127 An Act to incorporate the Town of Bourne

6) Licenses/Appointments: a. 7:15 p.m. Golden Place – Transfer of Ownership b. Request for appointment to the Board of Directors of the BFDC – Jeanne Azarovitz – (term ending 2016) c. Request for appointment to the SWOP Committee – Don Rhodes – (term ending 2016) d. Request of the Friends of the Council on Aging of Fee waivers for upcoming Psychic Fair (September 26, 2015) e. 7:40 p.m. Transfer in Liquor License from Stir Crazy, Inc. to Bopha Angkor’s Stir Crazy, LLC

Don Pickard stated the Bourne Financial Development Corporation Board of Directors has a vacancy that has been advertised; it is for a term expiring June 30, 2016. We got a letter from Jeanne Azarovitz of Pocasset.

b. Voted Don Pickard moved and seconded by Michael Blanton for the nomination of Jeanne Azarovitz for consideration by the board. Vote 5-0.

Don Pickard stated that the Special Workshop Opportunity Program that was established by article 78 of the 1973 ATM Seven Members to be appointed by the Board of Selectmen annually. There are three vacancies, present we have one applicant for a term expiring on June 30, 2016. The applicant is Donald M. Rhodes of Pocasset.

c. Voted Don Pickard moved and seconded by Michael Blanton the nomination of Donald M Rhodes for a term expiring on June 30, 2016 for the Special Workshop Opportunity Program. Vote 5-0.

Don Pickard stated we have a request from the friends of the Counsel on Aging for a waiver of fees for their upcoming psychic fair on September 26, 2015. We have a prior practice of waiving these fees.

d. Voted Don Pickard moved and seconded by Michael Blanton to have the board waive the fee for the psychic fair, which will be held on September 26, 2015 from 8:30 a.m. to 4:30 p.m. The event will be held in the gym of the community building. Vote 5-0.

e. Voted Peter Meier moved and seconded by Don Pickard to open the Public Hearing by roll call vote for Bopha and Stir Crazy, LLC. Peter Meier– Yes; Don Pickard – Yes; Stephen Mealy – Yes; Michael Blanton – Yes; Don Ellis – Yes. Vote 5-0.

Stephen Mealy read the Notice: Notice is hereby given in accordance with Massachusetts General Law Chapter 138, Section 12 that application has been received from Bopha Samms, Manager, Stir Crazy, Inc., d/b/a Stir Crazy Restaurant, 570 MacArthur Boulevard, Pocasset, MA, to transfer her year round Common Victualer License for the sale of all kinds of alcoholic beverages to be drunk on the premises to Bopha Angkor’s Stir Crazy, LLC, Chanrith Uy, Mgr., 570 MacArthur Blvd., Pocasset, MA. Description of premise: 3 dining rooms, bar, kitchen, men’s and ladies’ rest room, basement for storage, 2 entrance and 4 exits. A hearing will be held of the Bourne Veterans Community Center, 239 Main Street Buzzards Bay, on Tuesday August 11, 2015 at 7:40 p.m.

Ford O’Connor spoke on behalf of Bopha Samms.

Voted Don Pickard moved and seconded by Michael Blanton to close the public session by roll call vote. Peter Meier – Yes; Don Pickard – Yes; Stephen Mealy – Yes; Michael Blanton – Yes; Don Ellis – Yes. Vote 5-0.

Voted Don Ellis moved and seconded by Michael Blanton to approve the request. Vote 5-0.

Don Pickard stated there is notation on the routing slip the new owners must apply for a food permit, as food licenses are not transferable and the fire department is requesting an inspection prior to transfer of owner ship. I would suggest the motion be changed to reflect those two notations.

e. Voted Don Ellis moved and seconded by Michael Blanton to approve those two requirements by roll call vote. Peter Meier – Yes; Don Pickard – Yes; Stephen Mealy – Yes; Michael Blanton – Yes; Don Ellis – Yes. Vote 5-0.

7) Selectmen’s Business – a. Kate Mahoney – update and synopsis of the Phase II and III clean- up at the Marine Life Center property. Discussion of the consent order requirements. b. Safer Grant acceptance – Related to continuation of the Fire Safety grant employing 8 additional firefighting/ems personnel.

7 a. Tom Guerino introduced Kate Mahoney who has been the town’s Environmental Consultant for a number of projects.

Kate Mahoney, from Mahoney & Douglas Environmental Services, gave a brief update relative to what is happening at the Marine Life Center Property project. Currently the

4 Board Of Selectmen’s Minutes August 11, 2015 administrative consent order for the date timeline, temporary solution, by annual monitoring, is October 1, 2015 to closeout two different plans. One is to help the Marine Life Center to better use their money to do excavation and deal with the contaminated soil. The other plan is for the same purpose at the Marine Hospital. Those two plans need to get closed out. They may end up getting folded into a phase four, a remedy implementation plan. We have an LSP, Licensed Site Professional, Mark Germano. He stamps the plans that get submitted to the DEP. We have a stockpile soil that was from the excavation of the Marine Rehab Hospital. Kate Mahoney sampled that soil July 17th and have the results. Those results meet the line landfills criteria, so that material will be handled by ISWM.

7 b. Chief Sylvester, Bourne Fire Department, spoke about the Safer Grant and why the town of Bourne would benefit from allowing him to sign the Safer Grant. We get paid for what we use. We submit weekly or by weekly what we use. Chief Sylvester is asking the Board of Selectmen to support him and allow him to sign the grant.

Don Pickard voiced his concerns. How do we, as a Board, with an override coming forward, say OK sign the grant, then come October, if the override fails, we are in a position that we have to lay off the eight grant individuals and four other personnel.

Michael Blanton stated reasons why the Board should approve the signing of the grant. The flexibility with the present staff under the Safer Grant allows us to provide faster response time, more flexibility in terms of staffing, more coverage for the town, and more revenue generation by mutual aid. Mr. Blanton stated he can’t see the negatives in securing this grant for the town.

Peter Meier stated he can see the financial risk if the override does not go through because we have to pay the money back, however, it is a risk worth taking.

Don Pickard stated he is worried about the perception of the public. We are going into an override question in October and there are factions that are opposed to the override. He also wanted to clarify how the cuts will work, on the 18th the Board will be meeting and will discuss the cuts and take comments. On the 25th the Board will consider the number and the vote.

Stephen Mealy stated his concern; for the past 6-8 weeks we have been aware of the reduction if the override fails. Mr. Mealy is asking if you have questions, particularly on the 18th, about making changes to the reductions, that we talk in an informed manner so we give other board member a chance to evaluate those proposed changes. It is important that we reach a conclusion by the 25th. We have to take a vote in order to meet requirements to go forward to have a warrant in place to meet the dates we have scheduled for the override question and Special Town Meeting. We have to know what the reduction should be and what the number is for the override question. The two scenarios for the safer grant are; the safer grant is accepted and the override question passes and we go forward as we are today; the safer grant is approved and the override question fails, we now have to reimburse the grantees the dollars of about $56,000 per month. We should accept the safer grant because we have been working on this since March. If we find ourselves in a situation

5 Board Of Selectmen’s Minutes August 11, 2015 where do not accept the safer grant and the override does pass we have now lost individuals because they are not on our payroll, that are part of our fire and safety here in town that have gone through the training and that are part of a department. Many of those individuals may no longer be available. Trying to put that package together, we may not be able to get that grant back.

Tom Guerino stated that if we turn the grant down it will be reallocated to another community that was in line.

Joe Carrara, resident of Pocasset and works with the Chief, stated the grant will give us the manpower that we need in this town. I urge you, the Board, to accept this grant.

Voted Peter Meier moved and seconded by Michael Blanton to accept the safer grant on behalf of the town of Bourne and instruct the Town Administrator and the Fire Chief to sign the application. Don Pickard opposed. Vote 4-1.

8) Town Administrator’s Report a. Auction Tom Guerino stated the auction is coming up in a couple of weeks for two properties and some land. The two properties with structures on them are one in Hide Away Village and the other is on Clubhouse Lane. The Auction is scheduled for Friday Aug 21st. Mr. Guerino also wanted to remind the Board that effective the week after Labor Day he will be out of the office on Fridays through the end of May at a certificate program course. Mr. Guerino stated they have also been working on the override issues the reduction issues some questions and answers for the FAQ; the Facebook page is up; and have been working with Counsel on issues with the turbines coming over.

Peter Meier wanted to remind people that Taylors Point Association will be conducting their visibility on August 24th at 6:00 pm at 10 Saltworks Lane. It is open to anyone that wants to come.

Stephen Mealy also wanted to remind people that the other outreach meeting is scheduled for Thursday, August 20th at the Pocasset Heights Improvement Association at 6:30. Both of those will be put on the Facebook page and on the town’s website. Mr. Mealy also wanted to mention on the 18th there will be a joint meeting with the Board of Selectman, the Finance Committee, and the School Committee as well department heads will be available. The meeting is to review the current sources and uses with the override, the sources and uses with reductions, and review and discuss community input and alternatives; also a final third reading of the financial policy.

9) Selectmen’s Reports Peter Meier stated he attended the changing of the watch at the Mass. Maritime Academy on behalf of the Board. We need to send a letter of accommodation thanking Admiral Gurnon for what he has done. We need to also welcome Francis McDonald.

Michael Blanton stated members of Bourndale, members of the Herring Pond Indian Tribal Community, are concerned about actions taken with regard to survey of burial ground possibility, and trimming and cutting around, what is considered to be, influential property and important to them. Also there has been talk with regard to them in the third person, and they have yet to be contacted in any official capacity. They are concerned they are being left out of the loop of communication about a lot of matters that have to do with them. I would urge this board to consider urging our folks at town hall to improve communication to try to loop in members of the Herring Pond Tribal Community.

Mr. Ellis stated he is aware of one individual with serious malcontent. All the work that was done for the survey for the cemetery was done through CPA grants. We notified Little Bear, could be from Comassakumkanit, we also notified another elected member from Comassakumkanit, which is a sub tribe of the Wampanoag. It was for the investigation of the cemetery and also also for investigation of where the rafter is going to go, in an article that was prepared and put forward by the town a number of years ago.

Stephen Mealy requested Don Ellis work with Michael Blanton and Tom Guerino to see if those issues can be resolved.

10) Other Business - further discussion of Override related reductions and issues

The next Bourne Selectmen meeting will be on Tuesday, August 18th.

10) Adjourn Voted Peter Meier moved and seconded by Don Pickard to adjourn. Meeting adjourned at 9:04 pm. Vote 5-0.

Respectfully submitted – Carole Ellis, secretary.