BOARD OF SELECTMEN

JULY 11, 2006

Present: Paul T. Reidy, Chairman; Shawn Harris, Richard W. Murray, Joseph P. Norton

Richard H. Agnew, Town Administrator

Press: Patriot Ledger, Scituate Mariner

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for July 11, 2006. SECONDED by Mr. Murray. No discussion. Unanimous vote. (4-0)

Walk-Ins – Ms. Ann Burbine, 10 Pennycress Road and North Scituate business owner, asked about the status of MBTA change orders with regard to streetscapes work in North Scituate. She knows that the Selectmen requested this item in March 2006 and wonders if there has been any word back from the MBTA? She has tried to contact the Town’s ombudsman on this matter and has not had a response. She further stated that “time is money”. Mr. Norton stated that the Town is not holding things up, the MBTA has not answered in a timely manner. Mr. Reidy stated that the Board sent two letters regarding streetscapes money and Mr. Al Bangert, Ombudsman, recently sent another letter. Mr. Eng, MBTA, verbally told Mr. Bangert – “sorry you (Town) will have to wait”. Yesterday, the Board received the same response from the MBTA in writing. It appears that the Board has no choice but to move forward to “dispute resolution” at this time. The Board will decide on that, collectively, this evening. Mr. Reidy cautioned that due to the delay in settling this matter, the streetscapes aspect might have to be re-priced. Ms. Burbine understands that problems in the Greenbush area are holding up the release of funds for streetscapes. This does not seem fair when “they are not related in any way – it is really all about communication”. Mr. Reidy stated that he was offended by Ms. Burbine’s recent E-mail, which stated that the Greenbush aspect of the project “pales in comparison” to North Scituate. He feels that each area is equally important.

3. ANNUAL APPOINTMENT PROCESS

Mr. Harris made a MOTION that the Board of Selectmen APPOINT Colleen Ellis to the Scituate Cultural Council. SECONDED by Mr. Murray. No discussion. Unanimous vote. (4-0)

Mr. Harris made a MOTION that the Board of Selectmen APPOINT Jason Harris as Fence Viewer. SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0)

4. 7:05 PM/ Petition #2006-65/ Station Street/ Massachusetts Electric

Ms. Aileen Joyce, Massachusetts Electric, was present at tonight’s meeting. The utility requests permission to install conduit to service a new home on Station Street. Mr. Harris asked if any neighbors were present? Only the new homeowner was present. Mr. Reidy asked if the road would need to be opened to install the conduit. Ms. Joyce stated that the contractor had already opened the road. The contractor received permission to open the road and Mass Electric will maintain the conduit.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition (Massachusetts Electric) #2006-65 regarding the installation of conduit across Station Street from handhole #2-2 to new handhole #2-3. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Mr. Reidy asked that Agenda item 7 be taken out of order.

7. DISCUSSION/ VOTE/ COUNCIL ON AGING REQUEST

Mr. Dick Sherrell, Chairman of the Council on Aging, and Ms. Joan Wright, Director of Elder Services, were present at tonight’s meeting. Mr. Sherrell referenced letters he wrote to the Selectmen on June 15, 2006 and July 6, 2006. The Council on Aging is interested in proceeding with the new senior center as it was originally designed. They are uncertain exactly how to proceed until an updated cost estimate is received. This cost estimate should be accurate up to eighteen months from now. Members of the Public Building Commission were present at tonight’s meeting. Mr. Mike Fournier, Public Building Commission, stated that the Town still has the architect for this project on retainer. The architect estimates that the cost to re-estimate would be $5,600, which includes estimates for the second floor of the building. The remaining funds in the architect’s budget would cover the re-estimate. Mr. Norton recommends the Board support Mr. Sherrell’s request for a re-estimate on the building. “This project has been delayed long enough.”

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT the Council on Aging’s request for a re-estimate on the Senior Center Building in the amount of $5,600. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Mr. Reidy asked if this would leave a balance of approximately $30,000 in the building budget? Mr. Agnew answered “yes” and the funds must specifically be used for the design and permitting of the building.

5. VOTE/ COMMON VICTUALLER’S LICENSE/ Wilbur’s/ North Scituate

The new owner of Wilbur’s, John Donovan, was present at tonight’s meeting. Mr. Reidy asked if Mr. Donovan intends to continue the same type of business? Mr. Donovan answered “yes” and that he will be “sprucing” up the store. Mr. Norton and Mr. Murray wished the new owner “good luck”.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT a Common Victualler’s License for Wilbur’s, 367 Gannett Road, Scituate, MA. SECONDED by Mr. Murray. No discussion. Unanimous vote. (4-0)

6. VOTE/ HERITAGE DAYS/ CLOSE FRONT STREET

Mr. Brit Walker, Chamber of Commerce and Chairman of the Heritage Days Committee, was present at tonight’s meeting. Mr. Walker requests that the Selectmen vote to close Front Street to vehicular traffic on Saturday, August 5th and Sunday, August 6, 2006 from 6AM to 6PM during Heritage Days.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT the request of the Scituate Chamber of Commerce to close Front Street to vehicular traffic from 6AM to 6PM Saturday, August 5th and Sunday, August 6, 2006 from Beal Place to Allen Street and in accordance with conditions set forth by the Scituate Police and Fire Departments.

SECONDED by Mr. Harris. Discussion – Ms. Mary Ann Bailey, owns a business at
184 Front Street, asked for clarification on the exact area of closure. Last year, Front Street was closed from Beal Place to the lights at Jericho Road and this greatly affected her business. She wants to make certain that Front Street is only closed to Allen Street. Mr. Walker stated that a “mistake” had been made last year – Front Street was only supposed to be closed to Allen Street. The Board concurred that a letter clarifying this fact would be forwarded to the Police Department. No further discussion. Unanimous vote. (4-0)

8. UPDATE/ Edward Foster Bridge/ Sewer Expansion Project/ Weston & Sampson

Mr. Steve Pedersen, Mr. Dave Burke and Mr. Francis Yanuskiewicz, Weston & Sampson, were present at tonight’s meeting. Weston & Sampson is the engineering consultant on the Town’s sewer expansion project. Mr. Pedersen stated that Weston & Sampson was present this evening to give an update on the Edward Foster Bridge and respond to any questions the Selectmen may have.
The structural engineer for FedCorp, the construction company for the sewer expansion project, is now finalizing revisions to the original Bridge plan. The revisions are in direct response to comments made by Massachusetts Highway. The final revisions will be submitted to Mass Highway by the end of next week. Mr. Pedersen stated that Weston & Sampson has been in contact with Mass Highway and have had a verbal commitment that they (Mass Highway) will “expedite the project”. He hopes they will have final Mass Highway approval by the end of July – specifically, July 28th. A two-week FedCorp mobilization will follow Mass Highway approval, followed by eight weeks of structural repair to the Edward Foster Bridge. It appears that the sewer expansion project on First and Second Cliffs will start up again in early October 2006. Mr. Norton noted the conflicting time frames on the project in regard to a recent memorandum from Weston & Sampson. Credibility from Weston & Sampson down to the Town’s Department of Public Works is not good. Mr. Burke stated that he had written the memorandum Mr. Norton referenced. When the memorandum was written, Mr. Burke did not have “a good sense of what Mass Highway’s involvement would be”. Weston & Sampson believed the sewer project would start up again in September. It turned out that Mass Highway’s comments were far more extensive than anticipated. Mr. Norton noted that the sewer expansion project had been going along so well – “how does something like this happen”? The project has been stopped for over five months. Mr. Pedersen spoke about the “365 day time” frame put forth by FedCorp. Unfortunately, they were not able to start on the second phase of the project until late summer 2005. Phase 1 took longer than anticipated. In September 2005, FedCorp proposed an initial approach for the Edward Foster Bridge. Temporary bridge structures were researched. The high cost of a temporary bridge and reducing traffic down to one lane were just some of the negative factors. At that point, a structural analysis and possible reconstruction of the Bridge was examined. Mr. Burke stated that the contract calls for “temporary measures to get construction vehicles over the Bridge to the work site”. In fact, that scenario would bring the Bridge “right back to point A at the end of the sewer project”. When the sewer project was originally bid, using a temporary “Big Dig” bridge seemed like a good option. Upon closer examination, “it was not practical”. Mr. Norton stated that “maybe we should have gone forward with something six months ago”. Mr. Burke concurred – “in hindsight we should have moved forward at that time”. Mr. Norton stated that many cliff residents had intentions of putting on additions expecting that the sewer would be installed by now. Now they are nervous that sewer is not coming. The residents need reassurance that the project will be done. Mr. Pedersen stated that “we are on track, but it just taking longer – it is frustrating for everyone”.

Mr. Norton asked if Weston & Sampson had contacted FedCorp to see if they will work on the project through the winter months? Mr. Burke stated that FedCorp wants to finish this job. They will most probably work up to the week before Christmas and then resume work in late winter to early spring – depending on the weather. Mr. Murray asked how “firm” the Mass Highway response date of July 28th is? Mr. Pedersen stated that Weston & Sampson has assurances that the date will be kept. Mr. Murray asked if mobilization can begin prior to the Bridge permits being in place? Mr. Burke stated that mobilization cannot begin until we “get the word” from Mass Highway. Mr. Murray asked if sewer expansion work on First and Second Cliffs involves more work than work done on Third Cliff? Mr. Burke stated that Third Cliff represents just under 50% of the total cliff area work. Work on Third Cliff has taken approximately four and one half months and represents some of the most difficult part of the work to be done. (Work extracurricular to the scope of the contract) He expects approximately four more months of work on First and Second Cliffs. Mr. Murray asked when the Town will know the cost of the Bridge work and who will be paying for it? Mr. Pedersen stated that once he has the structural revisions, the project will be sent out for prices from structural contractors. Mr. Burke understands that a figure of $200,000 was discussed for repairing the Bridge. That figure was based on a structural subcontractor’s price quote from April 2006. Weston & Sampson will obtain an updated quote based upon Mass Highway’s comments. Mr. Harris asked about the price of a permanent repair to the Bridge? Mr. Burke declined to offer a price, but noted the following items that had been added since the original reconstruction bid – (1) Mass Highway recommends added steel protection, (2) to increase the stability of sheeting on abutment walls – anchor tie backs are needed and (3) Mass Highway recommends a less destructive sheathing for the Bridge deck, ie. wood planking as opposed to plates. These are three, major items. Mr. Harris asked if FedCorp would subcontract out this work? Mr. Burke answered “yes”.

Mr. Reidy asked if Weston & Sampson has a State Bridge Inspection Report on the Edward Foster Bridge? He noted that inspection reports are regularly generated by the State and the Board recently received on the Julian Street Bridge in Humarock. Mr. Pedersen stated that such a report would not really get into an analysis of needed repair work. Weston & Sampson was aware of the fact that the Edward Foster Bridge was in disrepair. Mr. Reidy has concerns about the borrowing for this project going much further out due to the time delay on the project. He believes that the Selectmen would have liked to have known the options on a temporary bridge versus reconstruction of the current bridge. It appears that bad decisions were made and that makes everyone look badly. Mr. Reidy has larger concerns about the “change order” and an equitable bidding process. The contract orders a “temporary fix – it is what it is”. The contractor and the Town knew that it would be a temporary fix. Mr. Reidy quoted from the Inspector General’s report regarding high costs attributable to change orders. Change orders can cause substantial project overruns. They get the contractor out of the original commitment. Mr. Burke clarified by stating that the contractor had not “agreed upon ‘a fix’”. The contract specifies a “bridge-crossing plan”. He believes there will not be so much a “change order” as a “deferred contract item”. This item was not included in the contract. It is more properly addressed during construction. Mr. Burke stated that “an argument could be made that it could have been handled differently”. He further stated that he does not believe it was a change order in terms of application – “it was never fully scoped during the design phase”. Mr. Reidy does not think that the wood planking recommended by Mass Highway seems like a very permanent fix for the bridge. What will the Bridge tonnage be after it has been reconstructed? No answer was recorded. Mr. Reidy has concerns about the Fire Department’s ladder truck being able to cross the Bridge after reconstruction. Mr. Burke stated that the current Bridge deck is in “very bad” condition – “it is a huge issue”. A protective surface needs to be put in place to protect the Bridge. Mr. Pedersen stated that the temporary wood surface would be removed after the construction phase. Mr. Burke summarized by stating that the “deck repair is temporary while the Bridge support repair is permanent – it would go back to the original load restrictions”. Discussion continued on adding the decking issue into the Town’s Capital Plan.

Mr. Pedersen concluded with the following statement: “The intent of the specifications was always a ‘temporary fix’ that would get construction vehicles over to the Cliffs. We believed that there would be a temporary solution and asked the contractor to look into it. There was no simple “fix” according the their (contractor) structural engineer. Then Mass Highway’s comments came into play. Weston and Sampson will issue a change order in terms of adding work to the original project. There is no legal requirement of 1% under MGL Chapter 30.” Short term borrowing and bonding were discussed. Mr. Reidy thanked Weston & Sampson for attending tonight’s meeting.

9. DISCUSSION/ VOTE/ TRANSFER STATION

Mr. Reidy referenced a memorandum he received from Mr. Anthony Antoniello, Director of the Department of Public Works, regarding bulky waste tonnage. Mr. Antoniello stated that he personally compared the bulky waste receipts between May 2005 and May 2006. He stated that “the numbers indicate that you might break even on bulky waste”. He will make a projection on the data from last year’s full fiscal year and give the Selectmen an idea of what could be estimated in the upcoming year. Mr. Reidy expressed concern with the numbers. In May 2005, when the scale was not being used on a regular basis, bulky waste was 367 tons. May 2006, when the scale was used regularly, indicated a total of 104 tons. Mr. Reidy stated - “this makes no sense”. Mr. Murray noted that the numbers have decreased by a factor of three. Mr. Antoniello stated that he had developed a “sophisticated tracking system” in which he, the Highway/ Transfer Station Clerk and Mr. Mike Breen, Supervisor of the Highway and Transfer Station Divisions, check the numbers. Mr. Antoniello stated that he does not understand the aforementioned discrepancy in tonnage. Mr. Reidy expressed concern that if these numbers are this far off – are all the numbers for the Transfer Station this far off? The answer is not to double the cost of the trash bags. Mr. Antoniello believes his department is getting much better at record keeping and he is overseeing it in order to give Mr. Agnew better numbers. Mr. Reidy asked that the numbers be tracked on a monthly basis.

Mr. Murray asked if the Selectmen had considered hiring an external consultant to conduct some forensic statistical work on the Transfer Station? He believes that an expenditure of $20,000 on a consultant could ultimately save the Town hundreds of thousands of dollars in the long run. It was noted that Mr. Reidy and Mr. Harris had actually visited a number of Transfer Station operations around the State in order to gain valuable information on their types of operation. Mr. Murray believes the Board of Selectmen should not have to be the ones gathering this type of information.

10. VOTE/ LINE ITEM TRANSFERS

Mr. Agnew presented the list of Line Item Transfers to the Board of Selectmen. Both the Advisory Committee and the Board of Selectmen need to approve the Transfers. The Advisory Committee has already voted their approval.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to APPROVE the Line Item Transfers as recommended by the Town Accountant and Town Administrator. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

11. APPOINTMENTS/ Election Workers

Mr. Murray made a MOTION that the Board of Selectmen APPOINT Democratic and Republican Election Workers as recommended by the respective Town Committees. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

12. OTHER BUSINESS

Mr. Norton stated that a motor vehicle recently hit a home located at 3 Tilden Road (at its intersection with Brook Street) The resident requests that some type of guardrail be installed, similar to that installed on the curve of Captain Pierce Road. As it stands right now, the resident does not feel safe at this location. Mr. Agnew will follow up this request with Mr. Antoniello.

Mr. Norton referenced a recent memorandum from the Beautification Commission giving quotes on labor and materials for the islands located at the MBTA crossings. The total amount is in excess of $40,000 to beautify these islands. This is another example of an expense to be borne by the Town due to the MBTA project. The MBTA should pay for this, but they will not. Mr. Norton believes the Town should look towards the Streetscapes money to cover this expense. Mr. Agnew believes an additional $15,000 needs to be added to the $40,000 to cover the prevailing wage price, the public bid procedure, etc. He agrees that the money should come from Streetscapes. Mr. Harris noted that this initial amount does not include maintaining the islands for years to come.

Mr. Norton noted a recent lifeguard save at Egypt Beach. The lifeguards involved in the save will be invited to the Selectmen’s next meeting.

Mr. Harris asked that Mike Breen fill in a large hole at the edge of the asphalt at the Peggotty Beach “look out” area where the ice cream truck stops daily. The ocean has undermined the soil and it is a dangerous situation. Mr. Agnew will notify Mr. Breen.

Mr. Murray asked that Mr. Agnew request that staff members from the Department of Public Works and the Conservation Commission attend the South Humarock Civic Association meeting on Thursday, July 27th.

Mr. Murray noted a recent complaint from a resident regarding the dangerous conditions associated with the re-design of Captain Pierce Road. He asked that this situation be researched and responded to.

Mr. Reidy thanked the Department of Public Works, the Town Administrator and Anthony Antoniello for insuring that the storm drain was fixed near the Egypt Country Store/Captain Pierce Road intersection. It appears that in some instances the MBTA is installing storm drains and not attaching them to where the water needs to drain off.

Mr. Reidy referenced an earlier conversation during tonight’s “walk-in” period where the Selectmen have great concerns over the MBTA not releasing Streetscape funds. He would like the Board’s approval in asking Mr. Agnew to initiate “dispute resolution” with the MBTA on this matter.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ask the Town Administrator to initiate State 1 of Dispute Resolution with the MBTA. SECONDED by Mr. Harris. No discussion. (4-0)

Mr. Murray asked about a resident’s letter regarding flooding at 240 First Parish Road. Mr. Agnew will forward the complaint to Mr. Antoniello.

Mr. Bill Lopes, 171 Stockbridge Road, stated that he had recently sent an e-mail to the Selectmen
regarding green waste being processed at the capped landfill. It was his and his neighbors understanding that once the landfill was capped it would be “an extension of the golf course and a park or recreational spot”. He asked if things have changed? He has great concern about the top of the capped landfill and any activity that might go on there. Mr. Reidy explained that Mr.Tim Lopes, the Green Connection, had attended a recent Selectmen’s meeting and proposed a green waste site in the area of the capped landfill. After the Board heard the proposal, they concurred that they are interested in seeing a larger plan for the entire area. This is all in the very preliminary stages. The Board understands the concerns of Mr. Lopes’ neighborhood. Mr. Bill Lopes stated that the neighborhood has been “peaceful” since the landfill has been capped. Windows can now be opened and it is pleasant. If anything is planned that would disrupt the neighborhood, he wants to be involved. Mr. Harris apologized for not contacting Mr. Lopes in advance of the Green Connection’s presentation to the Board. He noted that if the Green Connection won the bidding process and was able to move to the landfill site, they would stop processing at the Stockbridge Road site.

12. CORRESPONDENCE

Mr. Murray read a letter from Mr. David Ball, President of the Cedar Point Association, thanking Mr. Michael Breen, Supervisor of the Highway Division, for his Division’s maintenance of Lighthouse Park.

Mr. Murray read a letter from Mr. David Ball, President of the Scituate Historical Society, thanking Mr. George Story, Supervisor of the Buildings & Grounds Division, for his assistance in getting two boats moved from the Mann Farmhouse Barn to the Maritime Museum.

Mr. Murray read a letter from Chief Brian Stewart, Scituate Police Department thanking Assistant Harbormasters Mark Patterson, Joseph Noble and Joseph Repoff for their prompt response to a medical emergency on July 2, 2006 at the New Inlet.

14. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of December 6, 2005. SECONDED by Mr. Norton. No discussion. Voted 3-0-1. Mr. Murray did not vote.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of June 6, 2006. SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0)

15. LABOR NEGOTIATIONS & PENDING LITIGATION (Executive Sessions)

The Board entered into the Executive Sessions via roll call at 8:42 PM and did not return to Regular Session.

16. ADJOURNMENT

The Regular Session was adjourned at 8:42 PM.

BOARD OF SELECTMEN

Paul T. Reidy, Chairman

Shawn Harris

Richard W. Murray

Joseph P. Norton

James E. Pollard

Respectfully submitted,

Kimberley A. Donovan
Secretary