BOARD OF SELECTMEN

JANUARY 25, 2005

Present: Richard W. Lane, Chairman; Shawn Harris, Joseph P. Norton, James E. Pollard, Paul T. Reidy

Richard H. Agnew, Town Administrator

Press: Boston Globe, Scituate Mariner

1. The meeting was called to order at 7:00 PM.

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Lane announced that the Agenda would be amended to include the following: Article 24 has been removed from the Warrant. Articles 21, 22 and 23 will be heard on February 9, 2005.

Mr. Pollard made a MOTION that the Board of Selectmen VOTE to AMEND the Agenda for January 25, 2005. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (4-0) Mr. Harris was not present.

3. VOTE/ CLASS II LICENSE/ McBrien’s/ 348 Gannett Road

Mr. Harris entered the meeting at 7:06 PM.

Mr. Lane noted that used cars “may not be displayed or stored on the premises”. Mr. McBrien stated the following: “I cannot say that cars might not be stored at this address, but they will not be labeled For Sale”. Mr. Lane asked Mr. McBrien if he was aware of conditions set by the Planning Board for this property? Mr. McBrien answered “yes”. He feels this is “another way of doing business”. Mr. Pollard asked if he wanted to sell his car, would Mr. McBrien bring it to the car auction? Mr. McBrien answered “yes”. Discussion continued on whether the number of cars should be listed on the license or not. Mr. McBrien described how he lost his other location on Henry Turner Bailey Road due to train. He understands that if he wants to display cars for sale at the Gannett Road location, he will have to go through the Planning Board.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT the application of McBrien’s Diagnostic Repair, Inc., 348 Gannett Road, for a Class II License on the condition that no vehicles will be displayed for sale on the premises. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

4. VOTE/ PERMISSION FOR UNDERGROUND CONDUITS, ETC. / Verizon

Ms. Penny Kane, Verizon representative, was present at tonight’s meeting. Ms. Kane noted that two streets, Forest Lane and Trudy’s Lane were recently made “public ways”. Verizon needs a vote of the Board of Selectmen to grant them permission to maintain the underground conduits for these public ways. Mr. Reidy asked that prior to addressing this issue that Verizon address the telephone poles on Woodworth Lane (Walnut Tree subdivision). He stated that Massachusetts Electric has
agreed to cooperate, but it is the Board’s understanding that Verizon has not been accommodating to date. Ms. Kane stated that Verizon sent a bill to Modern Continental for the Woodworth Lane work and they (Modern Continental) did not respond. That is where the matter stands. Mr. Lane asked if Verizon has paperwork documenting their request of Modern Continental? Ms. Kane stated that Verizon drew up a bill outlining the cost of removing the poles on Woodworth Lane. Mr. Agnew stated that Modern Continental initially agreed to remove the poles as a courtesy to the residents of Woodworth Lane. Ms. Kane noted that Verizon was not part of this original agreement. Modern Continental made the agreement with the residents of Woodworth Lane. Ms. Burbine, Planning Board, stated that it was her understanding that the utilities were supposed to put the wires underground. She will check on the project’s surety bond. Verizon does not offer service to the Walnut Tree Hill development. Apparently, Modern Continental shut Verizon out of servicing the development. Mr. Reidy noted that Modern Continental continues to build houses in this development. Can construction be halted until they meet their responsibility? Ms. Burbine assured the Board that the Planning Board would research this issue.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT Verizon New England, Inc. PERMISSION to maintain underground conduits in public ways known as Forest Lane and Trudy’s Lane. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

5. VOTE/ PERMISSION/ St. Patrick’s Day Parade/ Chamber of Commerce

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT permission to the Scituate Chamber of Commerce to hold their annual St. Patrick’s Day Parade on Sunday, March 20, 2005 stepping off from the Gates Intermediate School at 1:00 PM, proceeding down First Parish Road, taking a left onto Front Street, taking a right onto Jericho Road to the boat ramp parking lot and in accordance with all conditions set by the Scituate Police and Fire Departments. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

Mr. Agnew reminded that the Chambers needs to notify the Fire and Police Departments about this parade well in advance of the event.

6. VOTE/ EMERGENCY SEWER TIE-IN/ 9 Ridge Hill Road

Mr. Frank Lynch, Board of Health, stated that this residence currently has an 80’ pipe leading from its septic system into a marsh, which is a very “unhealthy situation”. The system failed a Title 5 inspection and is regularly pumped so there is no overflow. The site for a new septic system is unavailable due to an existing easement. The only alternatives are a tight tank or an emergency sewer tie in to Kent Street’s sewer main. Mr. Harris stated that he lives nearby this address and attended the Board of Health’s hearing on this matter. There is a brook nearby that empties into the marsh and he is in agreement that an emergency tie-in should be granted.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT an Emergency Sewer Tie-In for 9 Ridge Hill Road. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Lynch asked the Board for clarification on future emergency sewer tie-ins in light of the sewer moratorium being lifted. Mr. Lane suggested that the Selectmen and the Board of Health have a joint meeting on this matter in the near future.

7. DISCUSSION/ VOTE/ BUDGETS & ARTICLES

Article 23 – Release Restriction at 15 Torrey’s Lane

Attorney William Ohrenberger, representing owner Elaine Riddle, stated that this very same issue was considered one year ago and there was an issue at Town Meeting with a “perpetual restriction” on the property. Ms. Riddle is interested in selling her home on Torrey’s Lane and would like to build retirement homes on Lots 1 and 2 for herself and her brother. Lot 3 would be donated to the Town of Scituate. Lot 3 abuts Widow’s Walk Golf Course and there actually is an access gate and parking already in existence on this lot. In 1978, the prior owner of this property (Whittaker) by a vote of Town Meeting, placed a “perpetual restriction” on this property. Mr. Ohrenberger stated that (1) this actually was not a “perpetual restriction” and (2) the “restriction” itself expires in 2008. A vote of Town Meeting is required to release the “restriction”. He further stated that building on these lots would require a special permit from the Zoning Board of Appeals. Mr. Norton stated that he had supported this Article when it came forward last year and this year’s change appears to be in the Town’s favor.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 23 – Release Restriction at 15 Torrey’s Lane. SECONDED by Mr. Harris. Discussion – Mr. Pollard noted that ultimately, the residents will vote the Article at Town Meeting. Mr. Reidy asked if the Town was already using a portion of Ms. Riddle’s property? Mr. Agnew answered “yes”. The road and parking area has always been there – the Town did not create it. Mr. Harris noted that before the golf course was built, there was a large brush pile at this location. No further discussion. Unanimous vote. (5-0)

310 South Shore Regional School

Mr. Jack Manning, Scituate’s representative to the South Shore Regional School, was present at tonight’s meeting. Mr. Manning stated that the Regional School anticipates a 7.39% increase for FY2006. Mr. Lane stated that he had attended the Regional School’s budget meeting and brought back pertinent “back-up” material to the Board. Mr. Pollard noted that when Mr. Manning originally came before the Board, Scituate’s assessment had increased more than $80,000 for just an additional three students. Mr. Manning referred to the State’s thirty-seven step formula to estimate this budget. He reminded that this budget has been level funded and is still “preliminary”. He noted that transportation for the School is supposed to be 100% state funded. The State is backing down and only funding it at 60%. It appears that the higher the Town’s income level, the higher our assessment is in one part of the formula. Mr. Reidy referred to Mr. Norton’s recommendation that the Selectmen write a letter regarding unfunded State mandates. Mr. Agnew noted that this budget is very frustrating because it continually goes up and down. There appears to be “no rhyme or reason” with the formula they use. The other towns at the Regional School should be paying the same assessment as Scituate. Mr. Manning noted that the Town of Whitman’s assessment was reduced by 14% with 14 less students. Ms. Minier, Advisory Committee, stated that her Committee is continually concerned about the formula and the uncertainty surrounding the costs. She would encourage the Selectmen not to support this budget. That vote would “probably not do any good”, but it would express the Town’s displeasure and we could get a better explanation of how their numbers are arrived at. Mr. Agnew believes the Regional School representatives have already given the Town their best possible explanation. Mr. Lane agreed and noted that the State sets the formula, not the Regional School. Scituate’s assessment has only increased by a total of 10.9% over the past five years. He expressed concern about three, Regional School students, from three separate towns, in the same class, all have very different tuition levels. Mr. Pollard believes we should ask our State representatives for some help on this matter. Mr. Reidy agrees with Ms. Minier’s recommendation. All are in agreement that the Regional School has a wonderful program, but Scituate is paying a lot more than the other towns. Mr. Norton does not agree with voting “no” on this budget. He believes that would simply “punish” the Regional School and it is not their fault. The “true fault lies with DOE and they need to get to the root of it”. He suggests supporting this budget and following up with correspondence with the State in an effort to get some relief.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 310 South Shore Regional School. SECONDED by Mr. Pollard. Discussion – Mr. Pollard asked how much Scituate is paying per student. Mr. Manning stated that the State will not break the cost out on a per student basis. Mr. Harris asked when the budget formula was written? Mr. Manning stated that it was written under the Education Reform Act in the 1990’s. No further discussion. Norton, Pollard, Lane and Harris voted in favor of the Motion. Mr. Reidy voted “no”. The vote carries. (4-1)

720 Debt & Interest

Mr. Brendan Lynch, Treasurer/Collector, stated that the bottom line had changed for this budget. It is now $994,210. Debt exclusion for the Schools is $680,000 and $300,000+ for the Town side. Discussion continued on the State’s School Building Assistance program and the fact that the Town will be reimbursed $14,683,000 in March 2005. Mr. Lynch stated that he had “revised and restructured the borrowing for FY2006 and FY2007”. It is his intention to use the $14,683,000 to pay off school debt. Of the $16 million balance, the State still owes the Town $7 million and the Town has to pay $9 million. He further referenced the additional $3 million that the Schools requested at a Special Town Meeting to complete the project. The State does not recognize this additional $3 million as part of the reimbursement equation. He is continuing to work on this issue. Mr. Pollard asked if the $14,683,000 represents 75% of the 64% State reimbursement? Mr. Lynch answered “yes”. Mr. Lynch stated that if the State continues not to recognize the additional $3 million, the numbers will have to be re-figured.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 720 Debt & Interest for $994,210. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

241 Inspections

There is a new bottom line for this budget - $190,884.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 241 Inspections for $190,884. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

400 DPW

Mr. Agnew stated that the new bottom line for the DPW budget is $1,951,697.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 400 DPW for
$1,951,697. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Article 2 – Compensation of Town Clerk

Ms. Bernice Brown, Town Clerk, was present at tonight’s meeting. Ms. Brown is requesting a 3% increase in her salary. Mr. Agnew supports this percentage increase.

Mr. Norton made a MOTION that the Board of Selectmen SUPPORT Article 2 – Compensation of Town Clerk for $50,974. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 4 – Capital Plan

Mr. Robert McClelland, Chairman of the Capital Planning Committee, and Ms. Marla Minier, Capital Planning Committee, were present at tonight’s meeting. Mr. McClelland stated that three items have been put on hold in the Capital Plan. Mr. Harris has examined two of the DPW’s backhoes and determined that they will last a little longer and the School Department will purchase a second hand truck out of their own budget. Mr. Reidy noted that Capital Plan improvements to the Schools have been changed because of the Financial Forecast formula. He believes this will be a very important five-year forecast. Mr. McClelland agreed. Mr. Reidy believes it will be helpful for everyone to be “on the same page” and not have to request overrides each year. Mr. Pollard noted that if an override passes this year – the Town would encounter problems for the next three to four years. Mr. Norton would like a committee to be formed that would examine all the Town’s buildings and ultimately generate a report with their findings. Mr. Pollard believes that funds remain the Town Hall renovation Article that could be spent on such a report. Discussion continued on the need for two, new fire stations. Mr. Reidy stated that according to the Financial Forecast, the Minot Station was pushed off another year (FY2009) and the Route 3A station to FY2010. Mr. Norton suggested that another project be pushed off in an effort to move the Minot Fire Station up on the list.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 4 – Capital Plan. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

Article 11 – Stabilization Fund

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 11 – Stabilization Fund. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 15 – Collective Bargaining Agreements

Mr. Agnew stated that this Article is for $300,000 subject to the override. Mr. Pollard asked for the percentage increase for employees? Mr. Agnew answered 3%.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 15 – Collective Bargaining Agreements. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 16 – Community Preservation

Mr. John Hallin, Chairman of the Community Preservation Act Committee, and Mr. Vin Bucca, Community Preservation Act Committee, were present at tonight’s meeting. Mr. Hallin gave a summary on the following Items in the Article:

Item A – Administrative Expenses of Committee - $55,000.00 – This figure represents a little over 4% and any money not used is returned to the Act’s general fund.

Item B – Cudworth House Chimney Restoration - $42,500.00 – It is a beehive style chimney.

Item C – Local Historic Survey - $24,000.00 – This is the 5th phase of the Historic Survey and covers the Greenbush Area. The 4th phase encompassed the Harbor area.

Item D – Marine Park Landscaping - $55,000.00 – This landscaping money is for the new Marine Park on Edward Foster Road. The Committee is hoping to install benches and plantings.

Item E - Tilden Road Land Purchase – This item was indefinitely postponed. The property owner’s asking price and the appraisal turned out to be very different numbers. Mr. Pollard asked where the land was located? Mr. Hallin stated that it was between the lights on Beaver Dam Road and Tilden Farms. It is wetlands with not much value.

Item F – Hatherly School Playground - $35,000.00 – This is a new, handicap accessible playground. The playground’s total cost is $65,000. The Hatherly PTO has raised the balance of the monies and volunteers will provide the labor.

Item G – Community Housing Bank - $130,000.00 – No current project so these funds will be placed into a fund for future Community Housing CPA projects.

Item H – Historic Bank - $63,500.00 - No current project so these funds will be placed into a fund for future Historic CPA projects.

Item I – Open Space Bank - $130,000.00 – No current project so these funds will be placed into a fund for future Open Space CPA projects.

Item J – Fund Transfer Availability - $765,000.00 – The Community Preservation Act Committee recommends that because not all of the CPA funds projected to be available in FY2006 have been allocated to specific projects, that this money be held in a Reserve Account for future projects.

The total figure for this Article is $1.3 million based on tax collection of $650,000. Actual revenues received in FY2004 are $680,000+. The 100% match from the State has been received for the FY2004. Mr. Reidy asked what unallocated open space money is available? Mr. Hallin answered “$130,000”. Mr. Norton noted that it is not a bad idea to bank some of this money. Mr. Hallin concurred and noted that funds will have to be saved up for several years in order to make a major land acquisition. The amended bottom line for this Article is $756,755. Mr. Pollard asked that Mr. Hallin’s Item summaries be placed in both the Advisory Committee booklet as well as on the Town’s website. He also asked that the available funds in the “mandatory categories” be published so everyone can know them. Mr. Norton asked if the Committee had hired an Administrative Assistant? Mr. Hallin answered that the interview process had taken place and a person has been hired for the position. Discussion continued on the wetlands mapping for the South Swamp. It was noted that Dr. Carl Pipes initiated the South Swamp project. Mr. Norton asked for more information on the Hatherly School Field project. Mr. Hallin stated that the clear cutting of trees in the area was a donated service as was the leveling of the ground. When this is completed, the contractor will take over. Discussion continued on land acquisition off Clapp Road (Appleton property – 10 acres) and off Cedar Street (8 acres). Mr. Reidy asked if people could access these properties on foot? Mr. Bucca stated that one of the properties was basically wetlands. He recommends that people walk in off Clapp Road, take Bates Lane and the Carl Pipes Memorial Trail. Mr. Reidy recommended “public access” signs for these properties. Mr. Hallin made a note of his recommendation. Mr. Bucca distributed a memorandum that he wrote regarding a change in the Community Preservation Act surcharge amount and what would happen if it was lowered from the current 3%. Mr. Hallin reminded that if the Town lowers the surcharge to 1.5%, for example, the State will lower their match to 60%.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 16 – Community Preservation. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

Mr. Lane thanked Mr. Hallin for all his work on this Committee.

Article 17 – Para transit

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 17 – Para transit for $12,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 18 – Easements

These easements are necessary for the Julian Street bridge reconstruction.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Easements. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 19 – Street Acceptance

The paperwork on this Street Acceptance is still not complete and there is a request to indefinitely postpone this Article.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to Indefinitely Postpone Article 19 – Street Acceptance. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

8. OPEN & CLOSE SPECIAL TOWN MEETING

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to OPEN the March 5, 2005 Special Town Meeting Warrant at 8:37 PM and CLOSE said warrant at the conclusion of tonight’s meeting. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

9. OTHER BUSINESS

Mr. Pollard stated that he recently met with Tom Rose, the Town’s webmaster, and Vin Kalishes regarding the Town’s web page. If anyone has any ideas or suggestions, please let the webmaster know. The webmaster has compiled an e-mail mailing list and this will certainly streamline information. Approximately 170,000 people visited the Town’s website last year and we are striving to make it the very best town/city website.

Mr. Norton asked if the Town had been collecting rent from the boatyard situated at the Town’s new Marine Park? Mr. Agnew stated that the Town has received one rental check and the Harbormaster is currently working on collecting the balance. Mr. Norton noted that marina fees for marinas located on the South River do not appear on the Harbormaster’s list. He knows that marinas exist in that location. Mr. Reidy inquired about this very issue at a recent Waterways Commission meeting. Simms Boatyard has paid and another marina was inadvertently left off the list. The Harbormaster’s office is checking into it. Mr. Agnew stated that the Harbormaster intends to bring people to court who are on the marinas, and have not paid their User Fee.

Mr. Norton thanked the Department of Public Works and the private contractors for the excellent job they did clearing the roadways after the most recent, major snowstorm. They did a very good job under adverse conditions. The Scituate Schools were unable to open today because some of the sidewalks were impassable and other areas near some of the Schools were unsafe. He noted that our Harbor business district looked like “Fort Lauderdale” – it was so clear. Should we have worked on the sidewalks and School grounds first? Closing the Schools for a day is a large disruption for many working parents – they could lose a day’s pay. Should we re-think our priorities? Mr. Agnew stated that the Town’s largest front-end loaders tried to clear the School parking lots, but one of the loaders got stuck at one of the elementary schools. The DPW tries to work on clearing the intersections and the Schools at the same time. He is uncertain that the Schools will be able to open by tomorrow because the sidewalks may not be cleared. Mr. Norton stated that he is not criticizing the DPW; traffic intersections should be a top priority. Mr. Agnew noted that six to ten more inches of snow is expected tomorrow. He cautioned that any vehicles parked on public ways at 6:00 PM tomorrow would be towed. The snow has narrowed the roads considerably and we cannot plow around parked cars. Mr. Reidy noted that the bombardier (plows the sidewalks) really cannot push this much snow. Mr. Agnew stated that the machine has great difficulty with this much snow and if it can get through, the snow gets pushed back into the street. If the sidewalks are not clear, the parents may have to drive the children that are “walkers”. He further stated that Plymouth County is trying to get some reimbursement for costs associated with this storm from the federal government. The Governor announced the storm to be a State of Emergency. Mr. Pollard asked about the cost to clear the snow from Front Street? Mr. Agnew estimates $20,000 for an average storm; this storm will cost more. Mr. Pollard asked that he furnish the Board with the dollar amount for clearing North Scituate, as well. He feels the numbers need to be analyzed and decisions made. Mr. Pollard asked about the towing? Mr. Agnew stated that this is the first time he has had to institute towing on public ways in the fifteen years he has been in Scituate. Mr. Norton asked if the Town would be “short” on its snow and ice budget for next year since this year has gone over by so much? Mr. Agnew stated that we will be operating at a deficit if the federal government does not help out. Mr. Harris noted that thirty years ago, the Town only had very large trucks for plowing – now there are many pick-up trucks plowing. The pick-up trucks are much more effective when there is only 2-4” of snow; if there is more snow they have a difficult time pushing it off the road. Mr. Agnew stated that the Town had put a large snow blower in the Capital Plan for doing the sidewalks, but it was pushed off. Norwell has a snow blower that works quite well. Mr. Harris agreed that the bombardier is not very effective and that a snow blower would work well on the sidewalks. Mr. Agnew will check on this item in the Capital Plan. He suggested that Scituate might be able to borrow Norwell’s in the meantime – this is a common practice among neighboring towns.

10. CORRESPONDENCE – None

11. MINUTES

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of January 18, 2005. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

12. ADJOURNMENT

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ADJOURN the Meeting at 8:57 PM. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

Richard W. Lane, Chairman

Shawn Harris

Joseph P. Norton

James E. Pollard

Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Secretary