BOARD OF SELECTMEN

DECEMBER 13, 2005

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

Richard H. Agnew, Town Administrator

Press: Scituate Mariner, Patriot Ledger

1. The meeting was called to order at 6:00 PM.

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Lane made a MOTION that the Board of Selectmen VOTE to AMEND the Agenda for December 13, 2005. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (4-0)

There were no walk-ins this evening.

3. VOTE/ TEMPORARY CHANGE IN HOURS/ Petit Paris/ 95 Front Street

Ms. Amy Bouhana, owner of Petit Paris, was present at tonight’s meeting. Ms. Bouhana asked that her liquor license hours be temporarily extended to 1:00AM on New Year’s Eve. Mr. Lane noted that the Board has agreed to this request for the past four or five years.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to GRANT the request of Petit Paris Bistro, 95 Front Street, to temporarily extend the hour in which to serve alcoholic beverages to 1AM on January 1, 2006 (New Year’s Eve). SECONDED by Mr. Reidy. No discussion. Unanimous vote. (4-0)

4. VOTE/ SEPTAGE DISPOSAL LICENSE

Mr. Peter Collins, South Shore Services, was present at tonight’s meeting. Mr. Collins operates a portable toilet company, which serves Scituate and surrounding communities. He would like a license to dispose of the waste from portable toilets located in Scituate at Scituate’s Wastewater Treatment Plant. Mr. Norton asked about the price for a septage disposal license. $150.00. Mr. Norton asked how many portable toilets South Shore Services provides to Scituate customers? Mr. Collins answered “approximately thirty” – they are required on construction sites. Mr. Norton asked if Mr. Collins would be pumping septic systems, as well? Mr. Collins answered “no”. He will pay on a per gallon basis at the Wastewater Treatment Plant – it is a very small amount.

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to GRANT a Septage Disposal License for South Shore Services, Marshfield, Massachusetts. SECONDED by Mr. Lane. No discussion. Unanimous vote. (4-0)

Mr. Harris entered the meeting at 6:07 PM

Board of Selectmen – Minutes of Meeting 12/13/05

5. VOTE/ DRAINLAYER’S LICENSE

Mr. William Sestito was present at tonight’s meeting. Mr. Sestito, 116 Country Way, is interested in a drainlayer’s license to tie-in his own home to sewer and will possibly tie-in a few more. He works construction jobs in Cohasset and has hooked up sewers and septic on job sites in that town.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a Drainlayer’s License to William Sestito, 116 Country Way, Scituate. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

6. VOTE/ ANNUAL LICENSE RENEWALS

Mr. Lane made a MOTION that the Board of Selectmen VOTE to RENEW the Class II License for Alan H. Hopkins d/b/a Alan’s Auto Service for 2006. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

Mr. Lane made a MOTION that the Board of Selectmen VOTE to RENEW the Hawker Peddler’s License (Ice Cream Vendor) for AHMAD ALKHATABIH for 2006. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

Mr. Lane made a MOTION that the Board of Selectmen VOTE to RENEW the Common Victualler’s License for Coffee Corner. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

10. DISCUSSION/ Community Preservation Act Committee – postponed to 1/10/06

12. OTHER BUSINESS

Mr. Reidy would like an update on the Stockbridge Road Bridge. It appears there is a base course of asphalt down. It has been closed for over eighteen months. When will it open?

Mr. Harris stated that a Three Ring Road resident has concerns over the minimum bid process for Town owned property on this road. The minimum bid is subject to receiving a building permit. Could more than one building be built at this location? Could they tie this piece of property into Hollett Street? Mr. Pollard explained that the Town owned piece of land on Three Ring Road will be auctioned off and part of the stipulation is that the new owner obtain a building permit by 6/15/06. If they are unable to get a building permit by that date, their deposit will be refunded. If the latter should happen the Town could (1) re-auction the property “as is”, or (2) leave everything the way it currently stands. The Town still would own the property. Mr. Harris asked if a subdivision could be built if the land were tied into Hollett Street? Mr. Pollard responded that “it seems doubtful as the Foyer of Charity backs right up to this property”. The auction will occur on December 15th. Mr. Harris asked if the property would have a deed restriction that only one, single-family home can be built? Mr. Agnew answered “yes”.

7. 6:15 PM/ Public Hearing/ Setting the Residential Factor / Board of Assessors

Mr. Fred Avila, Board of Assessors, and Mr. Stephen Jarzembowski, Director of Assessing, were present at tonight’s public hearing. Mr. Avila stated that “setting the residential factor” is done annually and represents the ratio of residential versus commercial property in Town. Mr. Avila and Mr. Jarzembowski recommend that it stay at “one”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to classify all the property in the Town of Scituate at “one”. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

12. OTHER BUSINESS – continued

Mr. John Foley, Three Ring Road, stated that he had spoken to Mr. Lane about the piece of Town owned property and asked if it could be used as a “cut through” to the land behind? Mr. Agnew stated that it could have a deed restriction placed on it. Mr. Lane stated that this property is restricted for a single family home. The frontage must remain the same. “It is one house lot with no access to any other property”. Father Bradley, Foyer of Charity, stated that the Foyer of Charity is the third abutter to the Three Ring Road property. He has spoken to the two, other abutters of the property regarding an easement for the Foyer do so something at the rear of the property in the future. He feels this project was “inaccurately presented to the neighbors on Three Ring Road”. He stated that there are no plans to build a road from Three Ring Road to Hollett Street. That is not their intent. Father Bradley continued by stating that if this turns out to be an “unbuildable lot – then possibly an agreement could be reached to access the back end of the property and there would be the same peace and quiet as they have always had in the neighborhood.

8. DISCUSSION/ VOTE/ Emergency Sewer Tie-In/ 23 Park Avenue

Mr. Russell Clark, Board of Health, and Ms. Jennifer Sullivan, Director of Health, were present at tonight’s meeting. Mr. Clark stated that the Board of Health supports a sewer tie-in at 23 Park Avenue due to the limited lot size and soil conditions. Ms. Sullivan stated that she believes the only other alternative would be a tight tank. Mr. Pollard asked who currently resides at this address? Mr. Clark stated that he recently visited the property and it appears to be uninhabited. Ms. Sullivan stated that the Carlson family has owned the property since the 1940’s and until recently, it was inhabited by only one person. The home was renovated in 2003 and rented to tenants who lived there until May 2005. The water usage increased dramatically during these two years. The home was put on the market in May 2005. Mr. Reidy asked about the groundwater level? Ms. Sullivan explained that the septic tank cover is three inches above grade, but the level in the tank is thirty-six inches down.

Mr. Norton asked if it is still the owners’ intent to sell the property? The owner answered that he is “trying to pay his mother’s bills” and is trying to sell the property. Mr. Norton believes we have similar situations all over town – “will everyone who comes before us receive an emergency sewer tie in”? Mr. Pollard reminded that one of the requirements when selling a house with a septic system is that it pass Title 5. The Board of Health has been carefully screening all cases and the Selectmen typically review less than five requests per year. He believes that the Board of Health is diligent in trying to research all types of alternatives prior to suggesting a sewer tie-in. Mr. Norton asked if a sewer line runs by this residence? The engineer (unidentified) stated that a sewer manhole is located on Merritt Lane, which is close by. Mr. Harris asked if the line on Merritt Lane is a main line or a spaghetti line? Ms. Sullivan believes it is a spaghetti line to a manhole. Mr. Agnew noted that a private line has to be maintained by the owner. Mr. George Kelly, real estate broker, stated that “it makes sense to tie-in this home – it all the goes to the Driftway site whether by pipe or by septic”. Mr. Pollard understands Mr. Kelly’s point, but reminded that the request must go through the proper steps.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to GRANT an Emergency Sewer Tie-In for 23 Park Avenue. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

9. DISCUSSION/ VOTE/ FY2007 BUDGET REVIEW

292 Animal Shelter

Ms. Kim Stewart and Ms. Nancy Testa, Scituate Animal Shelter, were present at tonight’s meeting. Mr. Agnew stated that the budget had been level funded with the exception of a small increase under part-time salary.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 292 Animal Shelter for $27,211. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

295 Shellfish

Mr. Agnew noted a slight increase to this budget under part-time salaries. Mr. Pollard asked what guidelines the Town Administrator gave the Shellfish Constable regarding this budget? Mr. Agnew stated that he mostly gave guidelines on the fuel line, but that has “bounced around” a lot on many budgets. Mr. Pollard asked when the shellfish beds would be open? Mr. Strazdes, Shellfish Constable, stated that the shellfish beds were found to be polluted when they were tested on December 1, 2005. They were then tested again, shortly after a rain event and still found to be polluted. He is hopeful they will be able to be open from January 1st to early May 2006. Mr. Reidy asked for the price of a clamming license? Mr. Strazdes answered “twenty dollars”.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 295 Shellfish for $13,221. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Mr. Pollard asked for an update on the overall FY2007 budget. Mr. Agnew stated that, at present, the Town is “short” by $239,000 and the Schools are “short” by $456,000. New growth was not has high as what was originally estimated. He recommends that the Board continue reviewing budgets with the intent of “returning” to some budgets to make some cuts.

210 Police

Chief Brian Stewart was present at tonight’s hearing. Mr. Agnew stated that this budget does not include cost of living adjustments for this year or next year. This is the reason that the personal services line shows no significant increase. Line 5481 Fuels and Lubricants realized a significant increase. Mr. Pollard asked if the Chief utilized a 20% increase on this line? Mr. Agnew answered “yes”. Mr. Pollard suggests that Mr. Agnew discuss fuel saving measures with the various departments.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to SUPPORT 210 Police for $2,858,012. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

220 Fire

Mr. Reidy did not participate in the discussion or vote of this budget. Mr. Agnew noted an increase of $10,000 under Line 5341 Equipment & Parts. Line 5481 Fuels & Lubricants also realized a $10,000 increase. Discussion continued on money required for Emergency Management. This has not been funded for twenty-five years. Chief Hurley would like a separate budget for this, but Mr. Agnew disagrees. Chief Hurley strongly feels that the Fire Department should not have to supplement Emergency Management.

Mr. Harris asked about Line 5431 Equipment/Parts – is this money used to repair ambulance engines? Chief Hurley answered “yes” and that this item increases every year. The Department used to share a mechanic with the Highway Division, but that is no longer the case.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to SUPPORT 220 Fire for $3,714,992. SECONDED by Mr. Harris. No discussion. Voted (4-0-1) Mssrs. Norton, Pollard, Lane and Harris voted in favor of the motion. Mr. Reidy did not vote.

400 Public Works

Mr. Antoniello, Director of Public Works, was present at tonight’s meeting. Mr. Pollard noted that overtime had increased $2,000 since last year’s budget. Mr. Agnew noted that the number of weeks for seasonal employees would be cut back - same number of employees, but fewer weeks.
Mr. Norton noted Line 5309 Technical Services increased by $17,000. Are CEI’s (consultant) fees included in this line? Mr. Antoniello stated that CEI’s bills are under Capital Outlay. The $17,000 is for the Engineering Division of the DPW. Mr. Norton asked for CEI’s billing over the past couple of years. Mr. Agnew stated that Ms. Gallagher can run a “vendor report” for the Board.
Mr. Agnew reminded that these increases are directly due to the MBTA. Mr. Norton sees that as a problem – the Town should be reimbursed for that type of work. Mr. Antoniello stated that the Department must contract with engineering firms to review the MBTA designs. Mr. Norton understands that this is “absolutely necessary”, but it is a shame that the Town has to pay for it “out of its own pockets”. Mr. Pollard asked who would pay for the water main break on Beaver Dam Road. Mr. Agnew stated that a bill for $35,000 had been sent to the MBTA for that break. Mr. Norton asked for a copy of the bill and a regular report on whether or not it has been paid. Discussion continued on CEI’s review of MBTA plans and the fact there is no field supervision on the MBTA project from the Town side. Mr. Antoniello stated that construction has not always complied with the plans submitted by the MBTA. He further stated that the “Town is out of the picture. We are not a part of the construction project”. Mr. Reidy asked why the Town would pay money for the review of plans and not have oversight on the job site? Mr. Agnew stated that the Town does not have the money to send someone to the job site. It was noted that the Conservation Commission is doing an excellent job reviewing items within their purview on the MBTA project.
Mr. Pollard cautioned that this budget may need to be re-visited when the Town is “looking for money”.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 400 Public Works for $2,058,823. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

423 Snow & Ice

Mr. Agnew stated that the bottom line of this budget is $382,000. Mr. Pollard asked how this budget was estimated? Mr. Agnew explained that the Town is able to deficit spend for Snow & Ice. Mr. Pollard reminded that $800,000 was spent on this budget in 2005. Mr. Agnew stated that the deficit amount in that case was “made up” via the recap, Town Meeting and money from the Federal government ($120,000). Mr. Antoniello stated that $382,000 is based on an estimate of the number of storms and what was spent last year (including overtime and equipment rental). Mr. Reidy asked if the Town checks weights on sand and salt on its scale? Mr. Agnew stated that the Town gets certified weights. Mr. Harris suggested sending one of our trucks over the scale to check the weight when he gets a new load. Mr. Agnew agreed that the system would work for sand, but probably not for salt. Mr. Pollard thinks this a good idea – “let’s see if what we get is what we are paying for”.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to SUPPORT 423 Snow & Ice for $382,000. SECONDED by Mr. Reidy. No discussion. Voted (4-0-1) Mssrs. Reidy, Lane, Norton and Pollard voted in favor of the motion. Mr. Harris did not vote.

424 Street Lights & Beacons

Mr. Pollard noted that National Grid has increased their rates by 28%. Should the Town have increased this budget accordingly? Has the Town looked into actually purchasing the streetlights? Mr. Agnew stated that other towns have looked into purchasing streetlights and have decided against it. Mr. Pollard asked Mr. Agnew to research this option for the Town.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 424 Street Lights & Beacons for $160,000. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

10. DISCUSSION/ Community Preservation Act Committee – postponed

11. REVIEW/ VOTE/ CAPITAL PLAN

Mr. Robert McClelland, Chairman of the Capital Planning Committee, and Mr. Todd Van Dam, member of the Capital Planning Committee, were present at tonight’s meeting. Mr. McClelland reviewed the Capital Plan for FY2007. (1) Highway Department – 10 year roadway improvement program - $343,000. (2) Drainage – Jericho Road ($115,000) an outfall pipe that will take water out of the marsh and put it back into the Harbor. A State grant will pay for more than one half of the cost. Old Oaken Bucket Road/Route 123 intersection ($110,000) – this project is estimated at a total of $250,000, but the Town will ask the MBTA to contribute $140,000. Mr. Reidy asked how the Town knows at this juncture, what actually needs to be done at this intersection? Mr. McClelland stated that the Department of Public Works knows what has to be done under the road. This is for drainage specifically under the roadway in this area. (3) Athletic Fields – no funding for FY2007.
(4) Schools - $1,450,000 – three School building Restoration Projects starting with the Wampatuck School. This will be a two-year project with an additional $1.5 million next year for the Gates School. Mr. Pollard noted that these numbers are based on the Habeeb report. Mr. Norton asked if any work was done on the Gates School last year? No. The Schools are speaking to the architect about Gates School now and it will go out to bid soon. Mr. Norton noted that the Town Charter placed School Buildings under the Board of Selectmen and Town Administrator. To date, the Selectmen have had not input in this process. Mr. Pollard stated that the Town spent $45,000 on the Habeeb report and the monies were approved at Town Meeting. We needed guidance on what needed to be done to these buildings (Habeeb report). The only reason for varying from the plan is if something unforeseen arises (i.e. boiler failure or chairlift, etc.) Mr. McClelland stated that the work would be done at the Gates School – Capital Planning simply wanted to “shift some of the things that were approved for Gates School last year”. Discussion continued on coordinating the Habeeb report with the Capital Plan. Mr. Reidy stated that this was discussed at recent Capital Planning and Financial Forecast meetings. Mr. Pollard suggested that if Capital Planning is the group insuring that the Habeeb report is being followed – perhaps a member of the Board should attend their meetings on a regular basis. Mr. Norton was surprised to learn that the Gates School had not even gone out to bid when its repairs were presented as “emergencies” last year. The bid process should have begun on July 1st. Mr. Pollard asked Mr. Agnew about the “contract flow”, ie. time line. Mr. Agnew stated that the bid process is always six to nine months behind. State law requires that the Town do a “designer selection” process. In an effort to “speed up” the process, we are trying to get an RFP for two years – one architect for two years of work. Architectural bids are then sent to the Public Building Commission. Ms. Terry Garon, Business and Finance Director of the Public Schools, stated that projects have to be coordinated with the School year – projects can be disruptive at certain times of the year.

(5) DPW/ Equipment/ Vehicles ($157,000) – Highway & Public Grounds Vehicles – Mr. Harris and members of the Capital Planning Committee observed the current vehicles and agreed with this request for new vehicles (Highway pick up truck, Highway sidewalk plow/snow blower, Highway Pick up and Engineering van). One truck was cut out of the Plan. The existing sidewalk plow is 35 years old. The new sidewalk plow/snow blower will also distribute sand on the sidewalks and can cut grass! (6) Seawall/Foreshore Protection ($300,000) – Involves stonework underneath the seawalls. (7) Fire Department – ($185,000) to replace a 1994 ambulance with over 200,000 miles on it and refurbish the 2000 ambulance, which will become a “back up” ambulance. $50,000 for window replacement at Headquarters. The current windows are almost thirty years old. (8) Police Department –($78,000) three-part project to connect Police cruisers to Federal, State and local systems. This would allow officers to check license plates from the cruisers rather than disrupting the dispatcher at the Station. This will be very good from an efficiency standpoint. Scituate is the only town on the South Shore that does not have this system besides Cohasset. Mr. Pollard believes this is an excellent way in which to get Scituate “up to speed”. (9) Public Works – ($30,000) Construct fifty-two new parking spaces in front of Town Hall to alleviate parking problems. Mr. Agnew estimates that Town Hall has thirty to forty days in which there are parking problems each year. This plan is much reduced from the original plan. Mr. Norton noted that if the newly formed Municipal Building Committee recommends that a new Town Hall be built – this may be wasted money. Mr. Agnew does not believe it will be wasted money. Mr. Pollard suggested specifying spaces for the public and for the employees. Mr. Norton stated that the plan suggests the taking of a lot of green space. Mr. McClelland concurred that it would take green space from the front and back of the building. Mr. Norton does not believe this is a good plan. Mr. Lane thought that paying taxes on line would have alleviated much of the parking congestion problem. Mr. Agnew stated that it is not only payment of taxes, Boston College High School parents park in front to pick up their children, senior citizens park at Town Hall when taking a bus trip and people still come in for stickers. Mr. Van Dam noted that this item could be put off until another year. The Board agreed.

Enterprise Fund Capital Plan – (1) Water Department – pick up truck ($30,000) and Inner Harbor Road water main replacement ($50,000). The pick up truck will replace a 1996 Ford Ranger. Discussion on coordinating the water main replacement the sewer expansion project on Second Cliff. (2) Waterways – replace railing on Cole Parkway seawall ($100,000). Mr. Agnew stated that this is a serious problem. Mr. Lane asked if the metal railing would be steel or stainless? Mr. Agnew was not certain. Mr. McClellan stated that 675 feet would be replaced. He will check on the material being used. (3) Sewer Department – Infiltration/ Kent Street ($400,000) and Comprehensive Wastewater Management Plan/ Environmental Impact Report ($500,000). The scope of services for the latter job is $40,000 and will “evaluate and recommend wastewater management alternatives”.

Mr. Lane asked if the total for the Capital Plan is $3,964,000? Mr. McClellan answered “yes”. Mr. Norton asked if this number had been coordinated with the Town’s Financial Forecast? Mr. Reidy stated that he had been working with Financial Forecast Committee member, Mr. Frank DiCesare, on this. Now that he has the numbers from Capital Planning, they will “run” them through the program. Mr. Pollard complimented Mr. McClellan and the entire Capital Planning Committee on an excellent job. The Plan has “really been pared down”. He suggests postponing the Selectmen’s vote on the Plan until Financial Forecast “runs” the numbers.

Mr. Agnew stated that the nine bids received on the Senior Center were within the $400,000. If the bids are “good”, the building cost would be $300/square foot. This will mean that the overall project is $1 million “short”. The Council on Aging will contact the Selectmen on this matter, but it if is re-bid at this point – it may come in at $1.2 million short. Mr. Agnew noted that the site work is very expensive - $600,000. Subcontractors’ bids were $900,000+ - also very expensive.

13. Correspondence

Mr. Pollard read an announcement from the Treasurer/Collector’s office regarding the final payment from the State for School building reimbursement - $7 million. He acknowledged Ms. Gallagher’s and Ms. Garon’s hard work on this project.

Mr. Reidy read a letter from the Scituate Historical Society thanking the Fire Department for recently extinguishing a car fire near the Little Red School House.

14. MINUTES

Mr. Lane made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of November 22, 2005. SECONDED by Mr. Reidy. No discussion. Voted (4-0-1). Mssrs. Lane, Norton, Pollard and Reidy voted in favor of the motion. Mr. Harris was not present for the vote.

14a. PENDING LITIGATION (Executive Session)

The Board of Selectmen entered Executive Session via roll call at 8:15 PM and did not return to Regular Session this evening.

15. ADJOURNMENT

The meeting was adjourned at 8:15 PM.

BOARD OF SELECTMEN

James E. Pollard, Chairman

Joseph P. Norton

Shawn Harris

Paul T. Reidy

Richard W. Lane

Respectfully submitted,
Kimberley A. Donovan, Secretary