Board Of Selectmen’s MinutesSeptember 30, 2016

TATom 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, Anthony Tenczar, Wind Energy Film LLC

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 7:00 pm.

Moment of Silence for our Troopsand our public safety personnel/Salute the Flag

Public Comment

Non-Agenda Items

Stephen Mealy read a couple notes about the meeting tonight and item 6b. This is a continuation of a meeting that started last week on September 22, 2015. Under discussion is an application that has been received for an easement or license for Future Generation Wind, LLC to allow work to be undertaken using the roadways within the town of Bourne. At the meeting on September 22nd the Board voted to undertake the review and possible granting of a license with conditions for the transportation of machinery and equipment; the impacts of the transportation to the public property and roadways, the removal and replacement of a guardrail located on town owned land, and a draft set of conditions. With a review of Town Counsel I am going to ask we follow the following: The Board of Selectmen has a limited scope to the applicants request to the transport of equipment and machinery using town owned roadways; matters of health will be reviewed by the Board of Health. The next public hearing of the Board of Health on this matter is scheduled for October 28th. The testimony by both the applicant and the public will be limited to the discussion of the transportation of machinery and equipment. The impact of this transportation to the public property and roadways, the removal and replacement of a guardrail located on town owned land, and any conditions the Board may feel are required to protect the town’s residents and property during this transportation.

Mr. Kapsambelis shared with the Board and the public what he knows about Future Generation Wind project, and spoke about sound levels, and the sound levels set by BOH,setbacks for wind turbines, and his concerns.

Lydia Manter requested the Board of Selectmen to not grand a license for Con Edison Solutions, LLC, and the wind turbine, and defer the vote to a Special Town Meeting. She also spoke about her concerns.

Dave Marriatti spoke on behalf of Barry Funfar, both from Falmouth. He spoke about the Falmouth wind turbine, the sound ordinance, noise, quality of life, health issues, and living too close to the wind turbine.

Margaret Burke requested the Board not to grant the license to Con Edison Solutions, LLC for the turbine and defer it to a Special Town Meeting vote, so Bourne residents can determine their best interest.

Douglas Manter is opposing the Board of Selectmen grant a license to Con Edison Solutions, LLChe requested this question be referred to a Special Town Meeting vote.

4) Correspondence:

Michael Blanton read the correspondence and brought the Selectmen and the public up to date on the correspondence.

  1. Division of Marine Fisheries: Open to shellfishing at Winsor Cove
  2. DEP upheld Harbormaster’s decision to deny mooring permit for Mr. Rosenbloom.
  3. Letter from DEP re: Permit Approval – Landfill major modification – Gas extraction well replacement at ISWM, 201 MacArthur Blvd.

Tom Guerino also stated the Selectmen received a letter from Mr. and Mrs. Manter regarding the potential granting of a license to Con Edison Solutions, LLC. and their opposing argument.

5) Sign warrant for Special Town Meeting

Tom Guerino read the articles for the Special Town Meeting

Private petition with the appropriate number of signatures deals with a rezoning of a parcel on Anastasia Lane. The planning Board will have a hearing on it and we will make a recommendation at Town Meeting.

Article 2 there are two prior year bills that came in after the end of the close of fiscal year.

Article 3 is to amend the vote taken under Article 4, which is the sewer budget of the Annual Town Meeting.

Article 4 is dependent on the override vote, should the override vote pass. This will raise the reserve fund from $200,000 to ½ of 1% of the general operating budget, which will be approximately $290,000. Should the override vote not be successful this article will be indefinitely postponed.

Article 5 is to amend the action taken under article 3, which is the annual budget article for the 2015 Annual Town Meeting; to raise appropriate or transfer or borrow funds for supplementing departmental expenses; and or to reduce certain department expenses otherwise on the 2016 budget from the 2015 meeting. This is an all-encompassing article, should the override pass we will be supplementing various pieces of the budget, transferring funding around so the free cash amount that was suggested at the Annual Town Meeting will be supplemented with override funds; it will also be the inclusion of a new override stabilization account so that money doesn’t venture into Free Cash. Should the override fail the Board is aware of the amount of monies that need to be reduced from the town budget that includes the school. If the override fails this article will amend the budgets downward so we are in compliance with our ability to run the town.

VotedDon Pickard moved and seconded by Michael Blanton to endorse Article #3 to amend the vote taken under Article 4 the Sewer Budget for 2015 Annual Town Meeting,which would transfer $50,000 in retained earnings to the operations budget for the sewer department as sponsored by the Board of Selectmen. Vote 5-0.

Tom Guerino wanted to notethe Board could support those articles even though the motions aren’t prepared yet. The motions will not be ready until Town Meeting.

VotedDon Pickard moved and seconded by Michael Blanton to sign the warrant as presented. Vote 5-0.

6) Licenses/Appointments:

a.Appointment – Election Worker

VotedDon Pickard moved and seconded by Michael Blanton to appoint Paula McConnell for a term to expire June 30, 2016. Vote 5-0.

b.Continuation Review of the applications as received from Future Generation Wind, LLC/Consolidated Edison Solutions,for a License to transport Wind Turbine machinery and associated equipment through the Town of Bourne using local public ways, including approximately 2.2 miles of Head of the Bay Road, a Scenic Road to a project site located entirely in the town of Plymouth at 810 Head of the Bay Road, Bourne.

*Please take note: As determined by the Chairman, the testimony by both the Applicant and the public will be limited to the discussion of the transportation of the machinery and equipment, the impacts of this transportation to the public property and roadways. Bourne residents will have first priority to address the Board of Selectmen. If time permits, non-residents will be provided the opportunity. All comments will be limited to no more than 5 minutes.

Stephen Mealy went through the process the Board will be using this evening in the discussions and deliberations relative to Future Generation Wind. We are continuing a discussion taken place back on September 22nd, at that time a draft order of conditions had been discussed. Mr. Mealy will entertain comments from the Board of Selectmen, Entertain comments from residents in the audience, and also questions and comments from anyone in the audience. Mr. Mealy will ask if there is an acceptance of conditions by the applicant. Then the Board will pick whatever actions it deems necessary.

John Fitch, on behalf of Future Generation Wind, stated his client reviewed the conditions and feel they are fair and they are able to comply.

Stephen Mealy read through the conditions.

Condition 1. A $1.0 MILLION CASH BOND as approved by the Bourne Town Counsel shall be placed by the Applicant. Following successful review by the Town Department of Public Works (DPW) Director at the completion of all work by the Applicant, the Bond shall be reduced to $500,000 CASH BOND to be released within six (6) months following completion of the work for which the License is granted. All restoration work undertaken by the Applicant is to be completed and final Inspection results are received for sewer and utility lines located within the public roadways used by the Applicant.

Peter Meier stated he thinks the 6 months’ time is too short, it should be for 1 year at a minimum. He has seen issues not come to head until almost 1 year after the project is finished. For a large company like ConEdison Solution holding $500,000 for another 6 months will not hurt their bottom line.

George Sala stated that Head of the Bay Road when it was reconstructed, was brought to state specs so the condition of Head of the Bay Road he has no concerns with the pavement part. The condition that Mr. Sala wrote is the drainage system and the sewer system down Main Street. Mr. Sala stated his concern is with Main Street, but the applicant for the project has agreed to pay for the inspection of the drainage and sewer system. As far as Mr. Meier’s concern, Mr. Sala is satisfied with the amount of time.

VotedPeter Meier moved and seconded by Michael Blanton to amend condition number one from 6 month to 12 months. Vote 2-3. The condition stays at 6 months.

Condition 2. Applicant is solely responsible for all damage caused as a result of activities as granted to the Applicant by the Town of Bourne.

John McMahon stated his concern is with people’s private property because of trucks going down the road and questioned if there are any provisions for that damage.

Mr. Fitch stated if anything the applicant does causes harm they are accountable and responsible. That is a matter of liability. We undertake this with full knowledge of the equipment we are using, whatever risks are inherent, and if we have miss calculated there is responsibility.

Mr. Mealy questioned Mr. Fitch regarding the gentleman’s house; if the interior of the house is anyway damaged because of movement because of roadway or conditions.

Mr. Fitch replied, interior or exterior, any damage, if we cause it, is general tort liability, especially when we are forewarned.

Michael Blandon questioned if the homeowner would have to prove cause?

Mr. Fitch stated yes he would. If my client causes the damage he is liable for it.

Condition 3. Sewer manholes located on Head of the Bay Road as identified by the Bourne DPW, must be plated (capped) to prevent damage during all times when Applicant is using the roadway.

Jane Giard, stated her concern is with the trial run as opposed to the actual run with the trucks that are loaded could there be subsequent problems.

Mr. Fitch stated the engineers have calculated the axel weight and the idea for taking a trial run is not necessarily to measure the weight it is to make sure everything fits and turns can be made. Fully loaded, our engineers and our transportation experts have calculated weight and believe there will be no damage to the streets.

Mr. Giard is also concerned with the size of the trucks with the overhang. Unloaded you will not have a true assessment of the impact on the overhang.

Mr Fitch stated our transportation people have measured the entire route and they are of the opinion there will be no need to cut any trees. Limbs do bend and can be pushed out of the way.

Henry Cluka, questioned if the engineers had done any type of geotechnical sampling of asphalt, sub surface to come to the conclusion.

Mr. Fitch stated he was informed there was no testing of the asphalt done but reliance was made on the specification of the roadway. It was done according to specification and those were used to test the weight.

Condition 4. Inspection of the sewer lines, drainage lines and other buried pipes associated with the delivery of utilities, or drainage of surface water including drainage pits, culverts and associated materials buried within the road layout is to be undertaken as directed by the Bourne Department of Public Works. Such Inspection is to take place following the completion of the work undertaken by the Applicant. Any and all costs associated with such inspection shall be paid for by the Applicant.

George Sala questioned if there is any time frame on that condition, because we are coming into the winter months on the inspection part and would like to extend that further than 6 months; would like it extended past the winter months. Mr. Sala suggested 1 year on that condition.

Mr. Mealy suggested the Selectmen go back and look at condition 1 again. Mr. Mealy reread condition1 again. Mr. Mealy questioned Mr. Sala if he would like to put a time limit with the inspection process? We will have to modify when the bond is returned; so we still have the bond in place relative to the inspection. What would the request be relative to the completion of the inspection? Mr. Sala stated not knowing what this winter will bring he’d rather have a year time on the inspection of the drainage and the sewer system.

Mr. Fitch stated that seems a little lengthy. Could it be at the conclusion of next summer? Mr. Fitch stated he understands the bond has to stay in place until the town is satisfied that any damages are repaired. Perhaps those could be linked in that fashion. The bond should continue to be in place until the repairs are completed. Not sure if it is in everybody’s best interest if it is a hard date. A determination of release of the bond should be at the same time the town determines that either restoration work is complete or no restoration work is required.

Tom Guerino suggested the cash bond to be released September 1, 2016 or at such time as the Superintendent of Public Works, Sewer Inspector, and the Town Administrator are satisfied that all work has been completed. George Sala and Mr. Fitch agree that September 1, 2016 will be fine.

Mrs. Gebedisespoke about the bond and her concerns with the lower bond amount, she also stated it would make sense not to decrease a one million dollar bond. If there is damage after the fact, who is going to do the repairs, if the town does the repairs, what it will cost to repair, and what damages might be done.

Mr. Sala stated the $500,000 should be enough; the work will be subbed out.

Don Pickard stated that would be paid for by the applicant upon the repair.

Stephen Mealy read condition 1 again.

A $1.0 MILLION CASH BOND as approved by the Bourne Town Counsel shall be placed by the Applicant. Following successful review by the Town Department of Public Works (DPW) Director at the completion of all work by the Applicant, the Bond shall be reduced to $500,000 CASH BOND to be released by September 1, 2016 by the head of the DPW and a vote of the Board of Selectmen. All restoration work undertaken by the Applicant is to be completed and final Inspection results are received for sewer and utility lines located within the public roadways used by the Applicant.

Mr. Mealy continued reading all the conditions.

2. Applicant is solely responsible for all damage caused as a result of activities as granted to the Applicant by the town of Bourne.

3. Sewer manholes located on Head of the Bay Road as identified by the Bourne DPW, must be plated (capped) to prevent damage during all times when Applicant is using the roadway.

4. Inspection of the sewer lines, drainage lines and other buried pipes associated with the delivery of utilities or drainage of surface water including drainage pits, culverts and associated materials buried within the road layout is to be undertaken as directed by the Bourne Department of Public Works. Such Inspection is to take place following the completion of the work undertaken by the Applicant. Any and all costs associated with such inspection shall be paid for by the Applicant.

5. Specifications for replacement of the removed guardrail and restoration of the graveled shoulder are to be coordinated with and approved by the Bourne DPW. The Guardrail is to be re-installed and restoration of the town owned property to be completed within 30 days of the completion of tower erection or no later than December 1, 2015.

6. The LICENSE shall not be modified or relocated without the express written consent of the Grantor.

7. Fire Details as determined by the Fire Chief and a Police Details as determined by the Police Chief shall be placed to protect Public Safety during the times when vehicles transporting equipment or machinery for the project are utilizing any Town-owned roadways, including Main Street and Head of the Bay Roads. Any costs associated with such detail work shall be paid for by the Applicant.

8. Any and all routes proposed by the Applicant using Town of Bourne public roadways to be used by the Applicant for the transportation of Wind Turbine machinery and associated equipment through the Town of Bourne using local public ways shall be filed with the Bourne Police Department and Bourne Fire Department.