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Board of Selectmen, December 5, 2006 MINUTES OF MEETING BOARD OF SELECTMEN DECEMBER 5, 2006
Richard H. Agnew, Town Administrator Press: Patriot Ledger, Scituate Mariner 1. The meeting was called to order at 6:03 PM. 2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Amended Agenda for December 5, 2006. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0) Walk-Ins – Susan Daileader, 5 Martha’s Lane, Gloria Holstein, 11 Martha’s Lane and Mr. Boehl, 15 Martha’s Lane, were present at tonight’s meeting to speak about the Herring Meadow Brook Chapter 40b project on Chief Justice Cushing Highway. Ms. Daileader stated that she, as an abutter, and many of the other neighbors have great concerns about this project. The Conservation Commission and the applicant have communicated over the past several years about this project. The Conservation Agent has a “financial stake” in one of the properties. The area to be developed is in close proximity to the Herring Brook and is prone to flooding. Ms. Daileader stated that the neighborhood has many questions and is asking the Selectmen to “investigate if any improprieties have taken place”. Ms. Holstein noted that the Selectmen are “our voted officials” and “we have reason to suspect improprieties – perhaps another board should oversee the hearings on this development rather than the Conservation Commission”. The engineer, Rod Gaskell, on this project is employed on another project by a member of the Conservation Commission. The Conservation Agent, Vin Kalishes, has recused himself from some hearings on this matter, but not on other hearings. Ms. Holstein stated that she attended the recent Zoning Board of Appeals hearing on this matter. Mr. Michael Clark, member of the Conservation Commission, was also in attendance and at one point refused to shake her hand when offered. “He was very rude to me”, Ms. Holstein said. She believes boards should listen to the neighbors’ side of the story as well as the developer’s. Ms. Daileader stated that a purchase and sale agreement for Mr. Kalishes’ land was requested and was not able to be produced at the Zoning Board of Appeals (ZBA) meeting. Why couldn’t the developer’s attorney produce such an important document? For past two years, 126-132 Chief Justice Cushing Highway has been spoken about at various times at Conservation Commission meetings. Ms. Holstein again stated that “possible improprieties have taken place and the integrity of the Town is being challenged”. She further stated that she observed Mr. Kalishes and Mr. Clark in the parking lot at P.J.’s Country House after the ZBA meeting. Ms. Holstein said she was traveling to the Harbor at that time and actually saw them drive along the Driftway and turn off on to a road prior to reaching the Harbor. Mr. Boehl noted that the fact these men were meeting together after the ZBA meeting “casts a terrible shadow”. In addition, a former Conservation Commission member, Thomas Doherty, owns the referenced property. He has since resigned from the Commission, but Mr. Boehl would like the Selectmen to look into this.
Mr. Reidy stated that the Selectmen do look at large development projects and do have concerns about this project. The Board wants to insure that the process is as straightforward as possible and kept at the highest level of integrity. Everything the Board has heard this evening will be taken under advisement and hopefully a fair result will be achieved. Mr. Agnew stated that the Selectmen have already taken the first step in hiring special counsel, an attorney with Palmer & Dodge who specializes in Chapter 40b, who will be working on the Town’s behalf. This will insure that the process is kept as “clean as possible”. Mr. Reidy stated that he had just spoken with this attorney this evening. Ms. Holstein submitted a packet of photographs to the Selectmen. Some of the photographs depict storm flow into the area to be developed. She stated that the area is “really a basin to the Atlantic Ocean”. She invited the Selectmen to her home to view the site first-hand. The photographs will be submitted to the ZBA, as well. Ms. Holstein complimented the ZBA on the fine job they did at their meeting. Mr. Harris stated that he walked the area over the weekend with the neighbors. He attested that the photographs presented this evening are accurate. He hopes that Mr. Agnew’s and Mr. Reidy’s comments have put the neighbors “minds at ease” a bit. Ms. Holstein noted that Mr. Murray witnessed Mr. Clark’s behavior to her after the recent ZBA meeting. Mr. Myron Boluch, Country Way, referenced the MBTA Mitigation Agreement and specifically the “very polluted” old Mobil station site in North Scituate. He tried to enter the property at one time to look at the liquid (water) that was being pumped off of it and was “ordered off” the property. He has asked Mr. Bangert, Ombudsman, for copies of the study regarding the purification of this water and they have not been forthcoming. He wants to know where this money is coming from? He referenced a case in which he was involved with the Town of Holbrook thirty years ago. The government built an incinerator for $3 - $4 million to “burn off” a polluted area. He believes this is similar to what Scituate will have to do at this location. He urged caution on the part of the Selectmen when dealing with this Mitigation Agreement item. Mr. Boluch expressed concern over the train crossing on Beaver Dam Road. He himself has skidded down the hill towards the tracks during inclement weather. He has great concern that a school bus may do the same. Apparently, a flashing light will be installed at the top of the hill as well as a warning bell signaling that a train is approaching the crossing. He thinks a stoplight should be installed at the top of the hill to stop all traffic when a train is coming. He asked that the Selectmen research this potential problem. Mr. Reidy stated that Matt Lundstead, CEI, researched the 21e for the Mobil station property. He also spoke to the MBTA and State and Federal agencies about the property. The URAM(?) report on the property, recently completed by Rich Cote, was submitted to the Town and Mr. Agnew forwarded it to DEP for review. DEP does have concerns after reading this report. Mr. Reidy will provide a copy of this report to Mr. Boluch. Mr. Tony Vegnani, Chairman of the Advisory Committee, stated that the Advisory Committee is interested in changing the date of the Annual Town Meeting from beginning of March to the beginning of April. The Committee believes it would be beneficial to all the involved parties to have more time to prepare and review budgets, as well as time to produce the Advisory Committee booklet for Town Meeting. He is asking that the Selectmen reserve a spot on the Town Meeting warrant to make this change. It was understood that the change would not take place 2007, but possibly in 2008.
Mr. Reidy noted the list of the Town’s, 24 current drainlayer’s. Mr. Pollard asked that Mr. Rowland provide the Board with a list of sewer tie-in permits that have been “pulled”. Mr. Vincenzo D’Aloia, Vincenzo D’Aloia & Sons, was present at tonight’s meeting. He has done septic work in Scituate and Norwell and would now like to apply for a drainlayer’s license. He specifically has a property on Moorland Road that he would like to work on. Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT a Drainlayer’s License to V. D’Aloia & Sons Construction, 227 Railroad Avenue, Norwood, Massachusetts. SECONDED by Mr. Pollard. Discussion – Mr. Norton asked if the Board was going to place a limit on the number of drainlayer’s licenses? Mr. Reidy believes that this should be a future topic of discussion. Mr. Murray stated that the Board recently decided that they would vote on these two applications that were “in the pipeline” and then make a decision on what to do. Mr. Harris noted that drainlayer’s applications would decline dramatically in two years time when this phase of the expansion is complete. No further discussion. Unanimous vote. (5-0) Mr. Raymond Bean, D. J. Equipment, was present at tonight’s meeting. Mr. Bean stated that he has been involved in the construction of roads, subdivisions, homes, etc. for quite some time. He has drainlayer’s licenses in other towns and he would like to have one in Scituate to hook up his son-in-law’s home. That is the only home in plans to hook up in Scituate. Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a Drainlayer’s License to Raymond Bean, D. J. Equipment, 1267 Washington Street, Weymouth, Massachusetts. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0) Mr. Pollard stated that there is a concern among Board members that granting too many licenses will take away business from local contractors. Discussion continued on the fee for renewals – perhaps it should be increased. Mr. Pollard also understands that having a larger list of drainlayer’s to choose from may ultimately give the residents the best price. Mr. Murray believes it really comes down to a quality issue. Mr. Harris believes that all the local contractors that wanted to apply for a license would have already done so by now. This project has been well advertised. Mr. Norton suggests that the Board impose a six month suspension regarding new drainlayer’s licenses and that the Board review the suspension at that time (June 2007). The Board concurred with this suggestion. 4. VOTE/ EMERGENCY SEWER TIE-IN/ 39A Beaver Dam Road Mr. Russell Clark, Board of Health, Ms. Jennifer Sullivan, Director of Health, and the homeowner were present at tonight’s meeting. Mr. Clark stated that this tie-in had twice been approved at earlier meetings. The property was in failure and eventually installed a tight tank, which has not been a good solution. The owner now has the opportunity to tie-in to a spaghetti line. Mr. Reidy stated that he had read through the materials and understands there is a severe problem in the basement. Mr. Norton questioned why this property had not been tied in five years ago when it was voted an “emergency” sewer tie-in? He understands there is a problem, but how can the Board give out an “emergency” tie-in and not have the homeowner tie-in at that time? He further noted that emergency sewer tie-ins usually go “hand in hand” with a sale of the property. Maybe the Board granted this tie-in too quickly five years ago. The homeowner assured the Board that her home is not for sale. Mr. Harris believes the situation is different now because the homeowner before us tonight was not the one making decisions about the property five years ago. Mr. Reidy noted that a tight tank indicates an emergency situation in itself. Ms. Sullivan concurred and Mr. Clark added that the home is located on a very small lot. Mr. Pollard believes that a lot of additional information has been provided over the past five years and that this tie-in should be done. Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT an emergency sewer tie-in to 39A Beaver Dam Road. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0) 5. UPDATE/ Scituate Marine Park Mr. Murray asked that this Agenda item be postponed until early January 2007. 6. VOTE/ HISTORIC RESOURCES TRUST/ Cudworth House Roof Mr. Harris made a MOTION that the Board of Selectmen VOTE to TRANSFER remaining funds from the Historic Resources Trust/ Lawson Tower Project to the Historic Resources Trust/ Cudworth House Re-shingling Project in the amount of $6,200. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0) Mr. Pollard asked for the balances in the Lighthouse and Lawson Tower Historic Resources Trusts. 9. ANNUAL FY2008 BUDGET HEARINGS Mr. Pollard asked Mr. Agnew what guidelines were given to department heads regarding budget preparation? Mr. Agnew asked each department head to submit a “reasonable” budget. If they requested additional funding within reason, he approved it – if not, he did not approve it. Each department is taken on a case-by-case basis – they may have a particular need one year and not the next. He further noted the increases under personal services seem higher than usual because they include contract settlements for both FY2007 and FY2008. No new employees have been hired. 145 Treasurer/Collector Ms. Jane Lepardo, Treasurer/Collector, and Mr. Paul Donlan, past Treasurer/Collector, were present at tonight’s meeting. Mr. Agnew stated that there is a bottom line reduction of $4,000 in this budget due to a “shuffling” of personnel hours within the Department. Mr. Reidy asked about Line 5344 Postage increasing by $2,000. Mr. Donlan stated that the bulk mail rate for tax and excise bills increased from .29 to .31. Mr. Reidy knows that these bills can be paid on line – can residents be billed on line? Mr. Donlan answered that according to the law, the bills must be mailed. Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 145 Treasurer/Collector for $291,991. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0) 911 Plymouth County Retirement Mr. Agnew stated that this budget has an increase of $300,000. The back up information for this budget shows Scituate’s participation in the program. Ms. Lepardo noted that the Town pays Plymouth County once a year and realizes a large savings. There has been a huge percentage Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 911 Plymouth County Retirement for $2,464,168. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0) 914 Contributory Group Insurance Mr. Agnew noted that this budget has increased by $400,000. Mr. Murray asked if the Town has any control over this budget? Mr. Agnew answered “no”. He further noted that Scituate actually is better off with a 50% contribution than some other Towns who pay from 75% to 90% of employee’s health insurance costs. Discussion continued on Health Insurance Liability. Mr. Agnew stated that this would be a warrant article. He further stated that a group of towns are looking into joining the State’s health insurance program, which costs much less. At this point, it is not legal to do so, but hopefully will be in the next couple of years. Mr. Reidy asked if the State’s insurance provides the same coverage? Mr. Agnew answered “yes”. Mr. Murray made a MOTION that the Board of Selectmen SUPPORT 914 Contributory Group Insurance for $4,237,554. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) 916 Federal Taxes Mr. Agnew noted that this budget increases every year. Mr. Donlan believes the FY2008 estimate is very close to what the Town will need. Last year’s estimate was very close, as well. Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT 916 Federal Taxes for $370,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) 131 Advisory Committee Mr. Agnew stated that this budget increased by $50.00 for office supplies. Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 131 Advisory Committee for $6,500. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0) 141 Assessors Mr. Stephen Jarzembowski, Director of Assessing, and Mr. Brian Sullivan, Board of Assessors, were present at tonight’s meeting. Mr. Agnew stated that the largest increase is under personal services. Mr. Murray noted the large amount of money expended under Line 5309 in FY2005. Mr. Jarzembowski explained that 2005 was a revaluation year. Mr. Agnew stated that there will be a warrant article for revaluation in 2007. Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 141 Assessors for $179,664. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) 7. 7:05 PM/ PUBLIC HEARING/ Set Residential Factor/ Board of Assessors Mr. Stephen Jarzembowski, Director of Assessing, and Mr. Brian Sullivan, Board of Assessors, were present for the Public Hearing. Mr. Sullivan stated that the Board of Assessors recommend that the Selectmen vote a factor of “1” so the tax rate can be set the same for commercial and residential properties. 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) 9. ANNUAL FY2008 BUDGET HEARINGS – continued 132 Reserve Fund Mr. Agnew explained that these funds ($90,000) are under the control of the Advisory Committee and are used specifically for unforeseen expenses. Departments submit their requests to Mr. Agnew and copies are then forwarded to the Advisory Committee and the Selectmen. The request then appears on an Advisory Committee agenda for a vote. Snow & Ice typically gets money from the Fund. Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 132 Reserve Fund for $90,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) 171 Conservation Commission Mr. Vincent Kalishes, Conservation Agent, was present at tonight’s meeting. Mr. Agnew stated that there is an $8,000 increase to this budget, which is mostly reflected under personal services. He did cut $1,000 from Line 5344 Postage. Mr. Kalishes stated that the postage primairly goes to the Community Rating System program regarding flood insurance. Mr. Pollard asked about salaries being computed on 52.2 weeks per year. Ms. Gallagher stated that the number varies by a small amount each year. Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 171 Conservation Commission for $111,447. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) 8. 7:10 PM/ PUBLIC HEARINGS/ Pole Petitions (4) Representatives from Massachusetts Electric were present at tonight’s meeting. Mr. Reidy has concerns about pole placement in terms of handicap accessibility to sidewalks. Sidewalk accessibility issues have been a real problem in Scituate in the past. A Massachusetts Electric representative stated that the poles would be placed in back of the sidewalks. Mr. Bangert stated that these new poles will “clean up” the intersections and the sidewalks will be at least 36” wide, which is the ADA requirement. He does not believe the sidewalks will be restricted. It was noted that Massachusetts Electric spoke to Mr. George Story, Supervisor of the Public Buildings and Grounds Division, regarding his concern about there being power near a tree that is lit for the holidays each year. That issue has been resolved. Ms. Aileen Joyce, Massachusetts Electric, stated that Pole Petition #2006-129/ Maple Street and Old Oaken Bucket Road is necessary because the pole’s guy wire is attached to a rotting tree. The tree needs to be removed. Mr. Murray asked if the Maple Street resident, whose property has the rotting tree, had been notified? Ms. Joyce stated that the resident was notified by mail and she tried to also visit the residence, but no one was at home. Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #2006-128 for the installation of new Pole #34s in a westerly direction 30’ from existing pole #34 and remove the pole to tree guy Pole #34 going to the tree across the street. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0) Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #2006-131 for Pole #939 to be relocated 57’+/- across Country Way. Pole #940 is being relocated 41’ +/- across Country Way. Pole #941 is being abandoned from way. Pole relocations are required to accommodate MBTA grade crossing and road reconstruction. All Pole installation and relocation must adhere to the conditions set forth by the Department of Public Works. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #2006-132 in which Pole #1 is being relocated 18’ +/- northeast of existing location to accommodate MBTA grade crossing and road reconstruction. All Pole installation and relocation must adhere to conditions set forth by the Department of Public Works. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #2006-133 for the installation of one (1) new Pole #939-1 to accommodate MBTA grade crossing and road reconstruction on Country Way. All Pole installation and relocation must adhere to conditions set forth by the Department of Public Works. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) Discussion continued on the installation of a pole in the vicinity of the new basketball courts. 9. ANNUAL FY2008 BUDGET HEARINGS – continued 175 Planning Board Ms. Laura Harbottle, Town Planner, was present at tonight’s meeting. Mr. Agnew reduced this budget by approximately $2,200 from the Department’s request. Ms. Harbottle stated that this budget tends to be “unpredictable” and she would like to see it at least be “level funded”. She asked the Board to consider all the building that is going on in Town, zoning changes, legal advertising, etc. Mr. Pollard asked for additional information on the department’s requests. Ms. Harbottle stated that Line 5852 Furnishings is for additional file cabinets and updated furniture in the office. Mr. Murray was glad to see Line 5308 Training – he strongly believes that the entire Board needs to be well educated on all the issues. Ms. Harbottle concurred. She further noted that the Planning Board’s entire FY2007 legal budget has already been expended. Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT $111,603 for 175 Planning Board. SECONDED by Mr. Harris. Discussion - Ms. Harbottle asked that the Selectmen hold voting on this budget until a future meeting when one of her Planning Board 176 Zoning Board of Appeals Mr. John Danehey, Chairman of the Board of Selectmen, was present at tonight’s meeting. Mr. Agnew reduced the Department’s request by approximately $1,200. $200 under Line 5344 Postage and $1,000 under Line 5420 Office Supplies based what was expended last year in each area. Mr. Danehey stated that Line 5731 Dues and Subscriptions shows an increase due to training for new Board members as well as some updated texts. Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 176 Zoning Board of Appeals for $21,692. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) 122 Selectmen Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 122 Selectmen 123 Administrator Mr. Agnew stated that this budget reflects a $7,000 increase. The majority is personal services and an additional $1,000 for Line 5309 Labor Counsel. Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT 123 Administrator for $205,165. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0) 149 Administration Mr. Agnew noted a small increase under part-time salaries for the recording secretaries and the seasonal sticker seller. Mr. Murray noted that Line 5308 training seems to vary from year to year. Mr. Agnew stated that this line is specifically for the ICMA conference for municipal managers. Next year’s meeting agenda for the conference was not of interest to Mr. Agnew. Mr. Pollard asked about Mr. Agnew’s meeting with Comcast. Mr. Agnew will give an update at a later time. Mr. Pollard asked if those discussions would affect the budget? Mr. Agnew answered “no”. Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT 149 Administration for $105,858. SECONDED by Mr. Harris. No discussion. Unanimous vote. 192 Insurance Mr. Agnew has increased this budget by $27,000. The Town was “short” by $7,000 in FY’07 on the Insurance budget. Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT 192 Insurance for $447,000. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0) Discussion continued on the Cushing School claim from last year. Mr. Agnew stated that the Cushing School claim did not have much of an effect on the price of the Town’s insurance. The fact that Scituate is a coastal community is what really drives up the price. 912 Worker’s Compensation Mr. Agnew stated that this budget has been set at $80,000 for many years. The Town is self-insured for Worker’s Compensation. Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT 912 Worker’s Compensation for $80,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0) Mr. Agnew stated that any leftover balance in this budget is transferred to the Worker’s Compensation Reserve at the end of each year. This is the reason it appears that $80,000 is expended from this budget each year. If there is ever a deficit, it will come out of the Reserve. There is $382,000 in the Reserve right now. Ms. Gallagher noted that some money had to be taken out of the Reserve last year. Mr. Agnew noted that he had created the self-insured Worker’s Compensation budget when he started working for the Town seventeen years ago. Mr. Reidy asked if the Town should have a “stop gap” policy in place in the event of a very large claim? Mr. Agnew stated that those types of policies are extremely expensive. More than half the Worker’s Compensation claims are from the School Department. Mr. Pollard asked where this Reserve amount is kept? Ms. Gallagher stated that the Reserve is kept in a special revenue account. 913 Unemployment Insurance Mr. Agnew stated that $40,000 is based on what has been expended over the past two years. It is difficult to know how many employees will put in for unemployment. Occasionally, seasonal employees put in for unemployment, but it depends on the length of time they have worked. The Town sometimes challenges unemployment claims and wins. Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 913 Unemployment Insurance for $40,000. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0) 10. VOTE/ ANNUAL LICENSE RENEWALS Mr. Harris made a MOTION that the Board of Selectmen VOTE to RENEW the following Liquor Licenses for 2007: Barker Tavern, Riva’s, Satuit Tavern, Cosmo’s Caffe, Gannett Grill, The River Club, Harborside Wine & Spirits, Hatherly Golf Club, Mill Wharf Restaurant, Front Street Gourmet Wine & Spirits, The Village Market, P. J.’s Country House, Petit Paris, Pier 44, Reynold’s Package Store, Satuit Post #3169 V. F. W., Scituate Racquet & Fitness, Scituate Country Club, Scituate Harbor Yacht Club, Sands End Café (Restaurant), Sands End (Retail), Scituate Package Store, T.K. O’Malley’s, Tedeschi Food Shops, Widow’s Walk Golf Course and The Weinery. SECONDED by Mr. Norton. Discussion – The Nautical Mile’s licenses will be considered at a date when the inspections are complete. No further discussion. Unanimous vote. (5-0) Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the following Common Victualler’s Licenses for 2007: Barker Tavern, Riva’s, Satuit Tavern, Cosmo’s Caffe, Mr. Pollard made a MOTION that the Board of Selectmen VOTE to RENEW the following Entertainment Licenses for 2007: Barker Tavern, The River Club, Hatherly Golf Club, Mill Wharf Restaurant, Petit Paris, Pier 44, Satuit Post #3169 V.F.W., Scituate Country Club, T.K. O’Malley’s and Coronella Properties (The Inn at Scituate Harbor). SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. Mr. Pollard made a MOTION that the Board of Selectmen VOTE to RENEW the following Innholder’s License for 2007: Coronella Properties (The Inn at Scituate Harbor). SECONDED Mr. Norton. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the following Septage Disposal Licenses for 2007: Spirito Environmental Services, Inc., K.R. Anderson Pumping Co., P.F. Spencer Jr., Inc., Rosano Davis Sanitary Pumping, Inc., McGonagle Septic Services, All-Town, Inc., South Shore Services and Joseph Bonomi Contractor, Inc. SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the following Class II licenses for 2007: Alfred C. Coyle, James P. Donovan and Driftway Auto, Inc. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the following Class III Licenses for 2007: Ryan Alan, LLC, Ray’s Repair Shop and North River Marine Enterprises. SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the following Hawker/Peddler’s Licenses for 2007: Ahmad Alkhatabih, Paul Crowley and Joseph Hughes. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the Bowling License for Satuit Bowlaway for 2007. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote.
Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the Movie Theater License for Patriot Cinemas, Inc. for 2007. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote. 11. CLOSE ANNUAL TOWN MEETING WARRANT Mr. Norton made a MOTION that the Board of Selectmen VOTE to CLOSE the Annual Town Meeting (March 3, 2007) Warrant at 7:55 PM. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0) 12. OTHER BUSINESS Mr. Norton announced that the Stellwagon Marine Sanctuary group is holding a free lecture series at the old Coast Guard Station on Tuesday nights. Mr. Harris attended a Board of Health meeting last night during which a group of students from Scituate and Cohasset gave a presentation on data they have collected from outfall pipes, tributaries and small streams entering the Gulf River area. This data is extremely useful to our Board of Health. Mr. Harris found the presentation to be very informative and a hard copy of the report will be forwarded to the Selectmen. Mr. Reidy thanked Santa for coming to the “Santa Stroll” in Scituate Harbor last weekend. The event is well attended and Mr. Reidy overheard a parent saying “this is why we live in Scituate”. He thanked the Harbormaster for bringing in Santa by boat for the event. He also thanked the Fire and Police Departments. Discussion on the $245,000 in fines levied by the State in the MBTA project and $100,000 “donation” from Mr. Warner for mitigation. Both amounts of money appear to be slated for the Shorewalk project. Mr. Reidy noted Town Counsel’s recent letter, which states that the mitigation money ($100,000) should perhaps be used elsewhere from a legal standpoint. Mr. Agnew concurred – it should probably be used for I & I, sewer, etc. Mr. Norton believes the Selectmen should review this matter right now and determine where these funds will go. Mr. Reidy stated that “there are a lot of pieces here and concerns that we should not go to another level before they are addressed”. Mr. Agnew stated that the Board can direct the Town Administrator, Town Accountant and Treasurer/Collector not to expend any funds until the Selectmen have made a full review. Mr. Murray suggested that the Selectmen, Conservation Commission and Planning Board fully and openly discuss these funds and the best use for them. The $245,000 is “definitely in limbo”. He applauds the Conservation Commission for getting the fines imposed. He does have concerns if the $245,000 goes to one group only. Mr. Reidy suggests that the Sidewalk Committee be approached regarding the $245,000. Maybe the money should go directly towards the safety of our children? Mr. Pollard concurred with Mr. Murray’s analysis. Mr. Reidy suggested an open discussion taking place in January 2007. Mr. Norton made a MOTION that the Board of Selectmen SEND a letter to the Conservation Commission informing them that neither of these amounts ($245,000 and $100,000) will be spent until a public meeting has taken place between the Selectmen, Commission and Planning Board. SECONDED by Mr. Murray. The Board concurred that this letter should be sent. Mr. Reidy noted Representative Hynes recent letter regarding a January 10, 2007 deadline for filing legislation with the State. Representative Hynes asks that any legislative proposals be forwarded to him prior to the aforementioned date. Mr. Reidy noted an invitation from the Scituate Chamber of Commerce for a holiday party on December 10, 2006. Mr. Murray asked if an advertisement had been posted for new Town Counsel? Mr. Agnew answered “no”. Mr. Bangert stated that train safety programs are moving forward at the various schools. MBTA employee and Scituate resident, Mr. Craig Diaz, will be bringing a program called “Operation Lifesaver” to Jenkins School on December 13th at 11:00 AM along with Safety Officer Arthur Wood. This program has already been heard at Wampatuck School. Our State representatives have also been asked to attend the program at Jenkins School. Mr. Norton is very pleased that this program is moving forward. Mr. Bangert stated that “Operation Lifesaver” will be completed at all the schools during the next two and one half months. 13. CORRESPONDENCE – None 14. PENDING LITIGATION ( Executive Session) The Board of Selectmen entered into Executive Session via roll call at 8:15 PM and did not return to the Regular Meeting this evening. 15. ADJOURNMENT The Regular Meeting was adjourned at 8:15 PM. BOARD OF SELECTMEN _____________________________ _____________________________ _____________________________ _____________________________ _____________________________ Respectfully submitted, Kimberley A. Donovan,
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