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News/Events - Meeting Minutes

MEMBERS PRESENT: Wendy Ballinger, Chairman; Joe Armstrong; Al Bangert; Constantine Constantinides; Kathy Donahue; Dave Friedman; Tony Vegnani; Scott Roberts. ALSO PRESENT: Rick Agnew, Town Administrator; Brendan Lynch, Treasurer/Collector; Laura Harbottle, Town Planner; Ann Burbine, Planning Board Chairman; Mary Gallagher, Town Accountant; Teri Garon, Director Business and Finance Scituate Public Schools; Gene Babin, Supervisor Water Dept.

1. CALL TO ORDER. Chairman Wendy Ballinger called the meeting to order at 7:05 P.M. in the Scituate Town Library meeting room.

2. ACCEPTANCE OF AGENDA. Mr. Roberts made a MOTION to accept the agenda, Mr. Friedman SECONDED the motion, the agenda was accepted unanimously 8-0 (Mr.Grace was not yet in attendance at the meeting).

3. REVIEW OF ARTICLES FOR ANNUAL TOWN MEETING.
Article 20. Zoning Bylaw Change Re. Nonconforming Structures, Uses and Lots. Ms. Ann Burbine, Planning Board Chairman, said that the Planning Board held a public hearing about this proposal, and voted to IP the article. Ms. Burbine said that it is difficult to understand, and that the Building Inspector, Neil Duggan also felt that it is rather convoluted. Ms. Burbine said that the Planning Board consulted Town Counsel and there were still some issues with the article. There was a conversation about the origin of the article, which was with a developer, and Ms. Burbine said that the feeling was that the bylaw change would make it easier for developers to obtain building permits in that it would allow circumvention of the process involving the ZBA in the event of an inadequate setback. Mr. Roberts made a MOTION to IP this article; the motion was SECONDED by Mr. Vegnani, and all were in favor 8-0.

Article 21. Zoning Bylaw Change Re. Water Resource Protection District. Ms. Burbine said that the Planning Board endorsed this article, and that it is a housekeeping article from DEP. She said that some feel it should be in the Town’s general bylaws. Mr. Bangert asked about the zone affected; Ms. Harbottle said that it included the entire Water Protection District. There was a discussion about a new map, Ms. Burbine said that it has to be approved at Town Meeting before it can be used for reference. Ms. Donahue commented that she is in favor of this article. Mr. Friedman asked about how numbers 31. and 32. of the proposal might affect homeowners and small business owners who might be affected by it. Mr. Babin, supervisor of Water Department, said that one of his responsibilities is to inspect such areas, and he said that no businesses would be newly affected. Mr. Constantinides asked what brought this proposal about; Ms. Burbine said that DEP requested it. Mr. Bangert asked if this would affect ice skaters, and Mr. Agnew said that he took that part out. Mr. Bangert asked about the review of the new map; Mr. Agnew said that he expected a report back shortly, it will be evaluated for accuracy etc. and after it has been brought before the Town’s water commissioners (the Selectmen) any necessary changes would be made to the existing water protection district and it would be brought before Town Meeting for approval. There was a discussion about canoers on Tack Factory Pond and if they would be allowed on the pond. Mr. Bangert made a MOTION to support Article 21, this was SECONDED by Mr. Friedman, the motion passed 8-0.

There was a brief discussion about the light bylaw that was IPed last year.

4. REVIEW OF BUDGETS FOR ANNUAL TOWN MEETING
Dept. 292 Animal Shelter. Mr. Roberts asked why the Animal Shelter isn’t self-funding. He said that Ms. Phippen justified how the money is spent. He questioned the $8000 the Trust contributes to the woman who runs the Animal Shelter, it isn’t a fee, does it have to be committed to the general fund. Mr. Agnew said that the $8000 goes to the general fund and we offset it. Mr. Roberts said that he thinks the budget is reasonable. He mentioned the debate about the four other towns who are using the facility. He said that it would be possible to ask for a retainer, say of $1000, from each town to have space reserved, but that this action might hurt donations. Mr. Armstrong asked why not bill the towns as a private kennel would. Mr. Agnew said that he thought that our rates were close to those charged by private kennels. Ms. Donahue said that we should recommend that the Town look into charging towns for the reserved space. Mr. Roberts confirmed that the fees are set by the Selectmen. Mr. Roberts made a MOTION to approve the budget of $26,826; the motion was SECONDED by Mr. Armstrong, and the motion passed unanimously 9-0 (Mr. Grace arrived at the meeting in time for this vote).

5. REVIEW OF ARTICLES FOR SPECIAL TOWN MEETING
Article 1. Transfers. This article is to see if the Town will vote to raise and appropriate, transfer from available funds, and/ or borrow a sum of money to be added to accounts established under Article 5 of the 2004 Annual Town Meeting, or take any other action relative thereto. Mr. Agnew said that there are three items for Transfer of Free Cash from FY05: $150,000 for the schools; $20,000 from free cash in the Waterways Enterprise Fund for the Fire Department boat; and $21,500 for Police Department fuels. Mr. Vegnani asked Mr. Agnew if he anticipated any other transfers would be needed; Mr. Agnew said that he and Ms. Gallagher are continuing to review and that any others will be added by next week. Mr. Vegnani suggested waiting to see if there is money left in the Police Department budget to cover the additional cost of fuels. Mr. Agnew said he would withdraw this tem at this time. Ms. Garon answered questions about the cash requested by the schools. Ms. Donahue asked about the fire boat, she said that $20,000 isn’t enough to buy a boat. Mr. Agnew said that this is the amount the Fire Chief requested. There was a discussion about how much free cash would be left. Ms. Donahue asked when there would be a transfer for snow and ice. Mr. Agnew said that we are waiting to see if the state will give any aid toward this. Ms. Ballinger said that Transfers of Free Cash will be reopened next week if there are any other items to look at. There was a discussion about the fire boat. Mr. Friedman made a MOTION to support the first two transfers; this was SECONDED by Mr. Grace, and it was noted that the third transfer is withdrawn. The motion passed unanimously 9-0.

Article 2. School. This article, sponsored by the School Committee, is to see if the Town will vote to borrow a sum of money to be added to Article 8 of the November 9, 1998 Special Town Meeting for the construction of the Jenkins School, or take any other action relative thereto.
The sum of money is $300. Mr. Agnew reviewed the history of this item. Mr. Lynch said that we expect to receive $14+million from the state’s School Building Assistance program on March 1, and that therefore this will be covered by default. Mr. Agnew said that this article still has to be approved at Town Meeting. Mr. Friedman asked what we paid in legal fees, Mr. Agnew said the settlement is $478,000, and interest calculated to March 5 is $154,242, and legal fees came out of the article. Mr. Lynch spoke about the $3 million that is not properly documented for reimbursement from the School Building Assistance program. Mr. Friedman pointed out that this article represents a one percent overage on the budget for the school building project, including the litigation. There was a MOTION by Mr. Roberts to support this article; the motion was SECONDED by Mr. Grace, and the motion passed unanimously 9-0.

Article 3. Senior Tax Program. This article is to see if the Town will vote to transfer $10,000 from free cash to fund the senior tax program, or take any other action relative thereto. Mr. Agnew explained the program, he said that many other towns in the area have done this. A good reason to create this program is that it will allow seniors to assist with the beach and transfer station stickers. He said that, for one, the mail in program is a big burden to the full time staff at Town Hall, and that the senior tax program would allow them to offset some of their property taxes by working part time for the Town. Ms. Donahue asked about the rate of pay, and who will run the program, Mr. Agnew said that it will be run through the Treasurer/Collector’s office. He said the seniors will be paid but that the pay will be used to offset their property taxes. Mr. Roberts made a MOTION to support this article; the motion was SECONDED by Mr. Vegnani, and the motion passed unanimously 9-0.

Ms. Ballinger returned to item 4 on the agenda, the revote of budgets changed by the Selectmen. She said that the five revotes can be moved as a unit. Mr. Grace made a MOTION to approve all revised budget figures (see below); the motion was SECONDED by Mr. Constantinides, and the motion passed unanimously 9-0. Mr. Lynch asked about funds for a second mailing machine to assist with stuffing envelopes with bills, there was a discussion about whether this could come out of the Cable Fund. Mr. Agnew said that the Selectmen would have to vote this. Ms. Donahue asked about the technology fund, computer for the library and town post office.

Dept. 135 Town Accountant: $145,325 revised to $144,325
Dept. 155 Treasurer/Collector: $284,404 revised to $278,404
Dept. 149 Administration: $111,408 revised to $108,408
Dept. 171 Conservation Commission: $99,285 revised to $98,285
Dept. 175 Planning Board: $98,264 revised to $96,264.

Ms. Ballinger directed the committee members’ attention to the Revenues vs. Budgets dated 2/3/05. She said that the committee could make a recommendation to the Selectmen regarding the override amount. Mr. Agnew said that an override of $900,000 provides $594,000 for schools, $306,000 for the Town. Mr. Grace said that he doesn’t see how the schools can survive on three and a half percent increases per year, considering special education costs, and that snow and ice and other possible overages should be taken into account. He said that we should try for a larger override and put any extra into the stabilization fund, as people are under the impression that there will be no further overrides for the next five years. Mr. Friedman said there is a risk in asking for too much. Mr. Agnew said that there is little chance that the override will be more than $900,000. Mr. Roberts said that he agrees with Mr. Friedman. Mr. Bangert said that he is of two minds about this, the governor’s request for state aid to towns may not be approved, and that he feels it is a good idea to ask for enough so that some can go into a reserve fund. Ms. Donahue said that she agrees with Mr. Bangert and that we would have to be specific about what would be done with reserves. Mr. Agnew explained how the stabilization fund works; he said that you need a 2/3 vote at Town Meeting to withdraw money from the fund. There was a discussion about how state aid would be distributed from town to town, and whether Scituate might lose out. Mr. Vegnani said that he feels regarding the override that you take what you need and that it is something you have to deal with year to year if more is needed. He asked about the snow and ice removal budget. There was a discussion about the 66/34 school/town split and how flexible it is. Ms. Ballinger said that she is also of two minds, but that it would be difficult to ask for more than $900,000 and that historically overrides of more than $1 million are hard to pass. She said that it would be foolhardy to say that we won’t ask for another override for three to five years. She concluded by saying that we should urge the Selectmen to consider passing an override of $900,000. Mr. Bangert made a MOTION for a resolution that the Advisory Committee support an override at $900,000; Ms. Donahue SECONDED the motion, and the motion passed unanimously 9-0.

Article 15. Mr. Roberts made a MOTION to support this article for $300,000; the motion was SECONDED by Mr. Friedman, and the motion passed unanimously 9-0.

6. APPROVAL OF MINUTES FROM PAST MEETINGS. This was deferred until next week.

7. OLD BUSINESS. Mr. Bangert suggested bringing up the CPA funding for the Scituate Marine Park landscaping again next week and ask for a presentation so that it could be revoted. Mr. Armstrong said that it would set a bad precedent to let them come back in because they were not properly prepared. Ms. Ballinger said that Mr. Bangert could have it put on the agenda if he wants to. Mr. Roberts pointed out that the Selectmen have approved it. Ms. Donahue said that the best we can hope for from the tenant of SMP is $15,000, and that this is not what was expected, it looks like we will be behind $50-60,000 per year, we may have to rent him another acre or two so that more boats can be stored there and more rent can be collected. She said that due diligence was not done at the time of purchase. Mr. Roberts said that this is a real issue; Mr. Bangert said that we could reopen the Waterways Enterprise Fund budget; he said we have the right to review the revenues. Mr. Grace suggested drafting a letter to the Board of Selectmen. Ms. Donahue said that she will draft a letter and circulate it to committee members. Ms. Ballinger said that she will request to be placed on the Selectmen’s agenda with this issue when the letter is prepared.

8. NEW BUSINESS. There was no new business to discuss at this time.

9. A MOTION to adjourn the meeting was made by Mr. Armstrong; the motion was SECONDED by Mr. Friedman, all were in favor 9-0 and the meeting was ADJOURNED at 9:15 p.m.

Respectfully submitted,

Jean Martin