Board of Selectmen
Minutes of Tuesday, March 17, 2015
Bourne Community Building
Bourne, MA 02532
TA Guerino
Selectmen
Peter Meier, Chairman
Don Pickard, Vice-Chairman
Stephen Mealy, Clerk
Don Ellis
Linda Zuern
Finance Committee Members
Mary Jane Mastrangelo, Chair
Jeff Perry
Richard Lavoie
Michele Ford
George Slade
Kathleen Legacy
Bill Towne
Brian Lemee
Christine Crane
Excused Members
Judith Conron
John Redman
Bill Scotti
Linda Marzelli
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
All items within the meeting agenda are subject to deliberation and vote(s) by the Board of
Selectmen.
Documents: Bourne School PowerPoint, Bourne Schools Budget Spreadsheet, UCT
Powerpoint
Meeting Called to Order
Chm. Meier called the meeting to order at 7:00 pm.
Moment of Silence for our Troops/Salute the Flag
Public Comment – Non-Agenda Items
None requested.
4) Correspondence
Stephen Mealy brought the committee up to date on the correspondence.
A letter from Michael A. McHone requesting appointment to the Bourne Commission on
Disabilities Committee.
A flyer regarding public hearing on March 26 at the Falmouth Public Library on “Falmouth
Wants a YMCA.”
A notice from the Town Clerk of Bourne regarding alternate posting method for meeting
notices. Mr. Mealy read the notice. The Town Clerk has elected to adopt this new provision.
Board Of Selectmen’s Minutes
March 17, 2015
Meeting of town committees and boards and departments will be posted on the secure
bulletin board outside the Clerk’s office and on the Town’s website which can be found at
www.townofbourne.com under “Events Calendar.” They can go to the listing “Boards and
Committees” as the meeting notices are listed there as well.
Peter Meier read the email from Patrick Marshall to the Committee and the public in
regards to the Cradles to Crayons and PJs drive.
5) Licenses/Appointments:
a. Renewal of 2015 Seasonal Licenses
b. Class II Dealer’s License – Derek Robert
Don Pickard read the requests for licenses.
Voted Don Pickard moved and seconded by Linda Zuern to approve the 5 entities for
the upcoming year. They are: Betty Ann’s Dairy Freeze located at 225 Main Street,
Buzzards Bay. Brian Fleming d/b/a/ Canal Creamery located at 89 Main Street,
Buzzards Bay. Lazy Sundaes Ice Cream located at 1370 Route 28 A, Cataumet. The
Seafood Shanty, Inc. located at 803 Scenic Highway, Bournedale. The Whistle Stop Ice
Cream Co., Inc. located at 435 Shore Road, Monument Beach. Vote 5-0.
Voted Don Pickard moved and seconded by Stephen Mealy to approve the following
seasonal common victualer all alcoholic license for Jarvis, Inc. d/b/a/ Chart Room
located at Shipyard Lane 997 Shore Road, Cataumet. That would include a food license
as well as a weekday amusement and Sunday amusement. Vote 5-0.
Voted Don Pickard moved and seconded by Stephen Mealy to approve the following
seasonal common victualer all alcoholic license for KKP, LLC. d/b/a/ The Sagamore Inn
located at 1131 Route 6A, Sagamore. That would include a food license as well as a
liquor license. Vote 5-0.
Voted Don Pickard moved and seconded by Stephen Mealy to approve the new Class II
Dealer license, but note there are comments from the fire department, they need to
have an inspection prior to opening as well as there are to be no car repairs on site
unless they are permitted with hazardous material storage. The issuance of license is
contingent upon insurance. Vote 5-0.
Joint Meeting with the Finance Committee to go over the Bourne School Department and the
Upper Cape Regional Technical School operation budget for the FY16.
The Finance Committee member present were: Mary Jane Mastrangelo, Jeff Perry, Richard
Lavoie, Michelle Ford, George Slade, Kathleen Legacy, Bill Towne, Brian Lemee, and Christine
Crane.
The School Committee members present were: Steve Lamarche, Superintendent, Matthew Stuck,
Mitch McClain, and Judith Froman.
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Board Of Selectmen’s Minutes
March 17, 2015
Mary Jane Mastrangelo called the meeting of the Finance Committee to order at
7:12pm.
1. Review and Discuss Budgets Bourne School Department
Steve Lamarche went over the FY 2016 Bourne Public Schools’ budget.
The Bourne School’s proposed budget is $20,971,000.
Bob Dutch went over the FY 2016 Upper Cape Cod Regional Technical School’s
budget. The Upper Cape Cod Regional Technical School’s proposed budget is
$22,704,004.
2. Discussion Long Term Projection
Mary Jane Mastrangelo stated, we need to have a discussion on the long-term
projection and look at sources and uses and have a discussion around it the way the
Finance Committee requested it be reformatted. Our revenues are coming in increased
at 4% and our expenses over last year increase at 3.75%. Our revenues and expenses
are increasing at a similar rate. The problem is that last year we used two million
dollars out of free cash and this year we are using two million dollars out of free cash.
Until we cover that free cash gap with an over ride we can’t balance the budget in the
future. Next Wednesday night the Finance Project Working Group is going to meet
and really focus on these three issues: the long term projection, the sources and uses,
and free cash and policies. Where we are now, we will need an override and if the
towns people say we can’t have an over ride, then we are looking at two million
dollars in cuts. I don’t want to make those kinds of cuts without going to the voters
and asking what they want. We need to make decisions, if we make cuts are they
temporary cuts, permanent cuts, are they into the override are not to the override and
are we doing the cuts so we won’t need the override?
Tom Guerino stated two million dollars in budget reductions, would impact the
school department substantially, it would devastate various departments within the
municipality and it would substantially reduce what we do. We will have to talk to the
Selectmen and we need to ask the voters what they are willing to fund and what level
of service do they want.
Voted Richard Lavoie moved and seconded by Brian Lemee to adjourn the Finance
Committee at 9:15 pm. Vote 9-0
Voted Don Pickard moved and seconded by Stephen Mealy to take a couple minutes recess
Vote 5-0.
Chm. Meier called the meeting back to order at 9:23 pm.
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Board Of Selectmen’s Minutes
March 17, 2015
6) Selectmen’s Business –
a. Proposed Zoning Bylaw for ATM.
Linda Zuern spoke about the meeting she had with the Zoning Board about a year ago and
the comments that were made about what the Building Inspector did and did not do.
She read part of the State Laws, Chapter 40 A, Section 7. Mrs. Zuern is suggesting that the
Town by-laws be changed and text added under section 1232; “Within fourteen days after
the Planning Board issues a Special Permit or Site Plan Special Permit Approval, the
inspector of Building shall determine whether or not the actions of the Panning Board
conform to the by-laws and Mass. General Law. Within thirty days of this determination,
any interested party may appeal his decision to the Board of Appeals.” Then under 1233
add “However, the Planning Board may not approve any plan that allows any use in a
residential zone other then those allowed under section 2220.”
Stephen Mealy questioned if it is state law why does it have to be in our by-laws?
Linda stated that people are not following these laws. Linda will bring it as a citizen
petition if that’s what the Board suggests.
Don Ellis stated that this will clarify that section and that the by-law is properly intended
and taken care of. If it is spelled out in our own by-laws it gives it more credence than
people taking time to look at section seven as opposed to 1232.
Ton Guerino stated it will eliminate any conflict between the by-law and the General Law.
Linda Zuern stated it would make it clear that we are following the General Laws as it is
written in our by-laws.
Peter Meier questioned what is the pleasure of the board? Do they wish to submit an article
on the warrant and to go threw the process?
Voted Linda Zuern moved and seconded by Don Ellis to approve this by-law change to
go before the Town meeting on warrant. Vote 3-2.
7) Town Administrator’s Report
a. FY16 Budget
b. Timetables for Selectmen to adopt budget
Tom Guerino is concerned an additional $130,000 above his recommendation on the
School budget is a pay/go somewhere else in the budget, and doesn’t recommend we spend
any more from our reserves.
Stephen Mealy would like to ask the Town Administrator to start looking at a $350,000 to
$450,000 reduction of the town’s budget and what that impact would be. We need to look
at additional budget cuts.
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Board Of Selectmen’s Minutes
March 17, 2015
Linda Zuern stated she agrees to look at more cuts and not to increase the School budget by
another $100,000. Also would be opposed to taking the building directors position away.
Don Pickard questioned a couple line items in the ISWM budget. Tom Guerino will talk to
Dan Barrett about those line items. Don Pickard also suggested to, reduce all admin
positions from 37.5 hour positions to 35, the lieutenant’s positions, some clerical positions,
and making ISWM recycling to 5 days a week year-round.
Tom Guerino will come back with a $350,000 tier and a $450,000 tier reduction before the
meeting on the 31st. He asked that his suggestions remain a work product and not a public
document.
Linda Zuern suggested to not cut essential services, which include fire and police.
Voted Stephen Mealy moved and seconded by Don Pickard to request the Town
Administrator to make recommendations on cuts. Vote 5-0.
Mary Jane Mastrangelo stated that it is a useful exercise to look at those cuts. Before you
vote to accept those cuts you have to look at the long-term impact of those cuts.
Peter Meier would like Tom Guerino to ask Steve Lamarche how much will the $130,000
reduction be in educational services? How will that affect the students of the school
district?
7b. The 31st of March will be the discussion of the recommended budget cuts and the
impact that those cuts will have.
8) Selectmen’s Reports –
a. Recycling Committee
Stephen Mealy met with the Recycling Committee:
Earth Day is being celebrated on April 25, 2015 from 9 AM to 1 PM at the residents
recycling enter.
 Information on Rain Barrels for ordering will be available.
 Tours of the Facility will be given
 Light Refreshments will be served
The Recycling Committee will sponsor a Plastic Bag Ban perhaps similar to surrounding
towns have adopted and present a By-Law change in the Fall Special Town Meeting. This is
a goal by the Board of Selectmen and I will be working with the Committee.
Single Stream Recycling was reviewed. Such a change would reduce employee injuries,
improve efficiencies and increase the amount of recycling to Town now does. Our recycling
amounts have dropped to their lowest level since we started recycling in 2005.
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Board Of Selectmen’s Minutes
March 17, 2015
Selectman’s Comments
1. Marina Financial and possible sale or other action review by BOS members
objection by Ms. Zuern and Mr. Conron regarding the review of the Taylor’s Point Marina
by myself and Selectman Pickard at the meeting of the March 3rd.
The Open Meeting Law explicitly PROHIBITS discussion about public business by a quorum
of a public body outside of the parameters of an official and properly posted meeting.
There are five members of the Board of Selectmen; a quorum would require 3 members to
meet the parameters of an official and properly posted meeting. Two members can legally
meet and discuss public business without a posted meeting.
The minutes of the March 3rd meeting recorded a MOTION by Selectman Pickard, Seconded
by Selectman Ellis to authorize myself and Mr. Pickard to meet with members of the
professional staff regarding the possible sale of the Taylor’s Point Marina and report back
to the Board within 60 days. Per the minutes the, motion was adopted unanimously by the
members present.
Mr. Pickard also reviewed the Open Meeting Law question with the Town Clerk and found
no violations were made.
2. Sunshine Week.
This is “Sunshine Week”, an annual event that brings to the forefront the government’s
ability to allow access to information, minutes, etc. to the public.
Mr. Mealy asked if there are any Executive Minutes that could be released but are still being
held?
Is there a policy and a written list for the Board that accounts for the status of all executive
Minutes; when they can be released and when they will be brought forward to the BOS
attention to release?
Tom Guerino wanted to remind folks tomorrow night at the Mass. Maritime Academy from
6-7:30pm the local delegation and the Senate President will be continuing its
Commonwealth conversations. It is our opportunity to discuss a number of issues that are
coming up.
The next Bourne Selectmen Executive session meeting will be on Tuesday, March 24th at
4:45 and the regular session meeting will be at 7:00 P.M.
9) Adjourn
Voted Stephen Mealy moved and seconded by Don Pickard to adjourn. Meeting
adjourned at 10:10 pm. Vote 5-0.
Respectfully submitted – Carole Ellis, secretary.
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