BOARD OF SELECTMEN

JANUARY 17, 2006

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 ACCEPT the Agenda for January 17, 2006. SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0)

Walk-ins – Mr. Dick Sherrell, Council on Aging member, stated that the Council on Aging and the entire Senior Center Staff met last Wednesday night. The Chairperson of the Council on Aging, Celeste Santee, distributed the Agenda for that evening and then resigned from the Council on Aging. Ms. Val Baker, Council on Aging Member, stepped in to run the meeting. Mr. Sherrell noted that Selectman Rich Lane was present at the meeting. Time was spent at the meeting trying to get both groups “on the same page”. Mr. Sherrell read a letter that he and Ms. Joan Wright, Director of Senior Services, co-wrote. It was agreed that the Council on Aging and the Staff would unite and work as a “team”. The Town’s By-Law and “charge” for the Council on Aging were also reviewed. Mr. Sherrell has been elected as the Chairman pro-tem for the balance of fiscal year. Discussion continued on finishing only the first floor of the new Senior Center building, as designed, and leaving the second floor as “a shell”. Financing options were also discussed. Mr. Sherrell asked that the Selectmen research and report on any viable funding options. He also wanted to know the names and telephone numbers of key contact people in an effort to move this project forward. Mr. Pollard thanked Mr. Sherrell, the Council and the Staff for their willingness to move forward in a unified manner. He asked that Mr. Sherrell work with Mr. Lane.

Mr. Harris entered the meeting at 6:05 PM. Discussion continued on the $1.9 million for the new Senior Center that was voted at Town Meeting, added to the sale of the existing building, and the dollars needed to make up the “balance”. Ms. Baker stated that “we need to move forward immediately – the costs keep going up”. A new appraisal of the existing building is needed. Ms. Wright assured the Board that she is looking into other possible grants. The large grant they applied for was not awarded to the Town because are seniors are “too well off” for the Scituate to qualify.

Mr. Michael Clark, Chairman of the Conservation Commission, and Vin Kalishes, Conservation Agent, were present at tonight’s meeting. The agreement with the MBTA regarding the Greenbush area has been drafted and forwarded to the Board of Selectmen. Mr. Clark asks that the Board review the document as soon as possible and respond to him with comments. He hopes that the document will soon be executed and that a consultant can be hired for the Town. A recent weather thaw and rain has caused some problems at the Layover Station site. It would be very helpful to get a consultant “on board”.

Mr. Reidy stated that he had spoken to Mr. Clark over the weekend regarding some concerns he has with the “agreement” document. The last line of the document denotes a “lack of goodwill” on the part of the MBTA. Paving has already occurred behind Fitts Mill. It seems obvious that the MBTA does not care what the Town wants. Mr. Clark understands Mr. Reidy’s concerns, but noted that Conservation Commission member, Alan Mayberry Greenberg, has frequently visited the Greenbush site and noticed “big improvements”. Mr. Clark continued by stating “that at a minimum, they are communicating with us”. Mr. Reidy read from Selectmen’s August 2004 meeting minutes regarding the appeal of the 401 Water Certification. The MBTA “made promises” at that time and now, a couple of years later, they are paving an area near the Town’s water supply. Mr. Norton asked if signing this Agreement precludes any DEP involvement? Mr. Clark stated that DEP is supposed to meet with the MBTA and put the fines “on the table”. DEP was on site last Sunday and called Mr. Clark directly. They are definitely involved. Mr. Pollard summarized by stating after the Agreement is signed and a consultant is hired, if there are still problems – we will go to court. “This is the last thing we will offer.” Mr. Clark noted that the enforcement orders are very clear in terms of non-compliance. Mr. Norton believes the MBTA continues to “get away with everything”. Mr. Clark concurred that if this measure does not work, we will go to court. Mr. Reidy asked if the average rate for a consultant is $120/hour for this type of work? Mr. Clark answered “yes”.

Mr. Harris noted the telephone pole work being done on Hollett Street and the fact there are now water problems in this area. They did not have water problems before construction commenced.

3. VOTE/ Poll Hours/ Local Election/ April1, 2006

Ms. Bernice Brown, Town Clerk, was present at tonight’s meeting. Ms. Brown noted that it is customary for the Selectmen to set the poll hours for the local election from 8AM to 8PM. She would like to recommend the following change to the hours: 9AM to 6PM. She has found there to be very little activity between 8AM to 9AM and 6PM to 8PM. The busiest time seems to the middle part of the day. The reduction in hours in terms of the Clerk’s office and number of people working the polls will realize the Town a savings of $1,280. This number does not even reflect a savings from reduced hours for Police, School Custodian and Cafeteria workers. The final number may be closer to $1,500.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT changing the Poll Hours for Local Elections from the current 8AM to 8PM to 9AM to 6PM. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

4. VOTE/ Poll Hours/ Local Election/ April 1, 2006

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SET the Poll Hours for the April 1, 2006 Local Election from 9AM to 6 PM. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

5. DISCUSSION/ VOTE / FY2007 BUDGET & ARTICLES

63 Transfer Station Enterprise Fund

Mr. Antoniello, Director of the Department of Public Works, and Mr. Mike Breen, Supervisor Transfer Station and Highway Division, were present at tonight’s meeting. Mr. Agnew referenced Mr. Antoniello’s memorandum dated January 11, 2006 entitled “Transfer Station Recommendations”. The recommendations have been made in an effort to increase revenues, streamline the operation and balance the Transfer Station’s budget.

The first recommendation (a) recommends the appointment of a full-time Transfer Station supervisor. The current Transfer Station supervisor is also the supervisor of the Highway Division. Saturdays and Sundays tend to be the busiest times at the Transfer Station. The suggestion is to hire a full-time supervisor for the Transfer Station and move one Transfer Station employee to Public Buildings and Grounds Division or the Highway Division to fill an existing vacancy. This will cost an additional $15,000. Mr. Pollard asked how long there have been problems managing the day-to-day operation at the Transfer Station? Mr. Agnew stated that the Transfer Station needs a lot more supervision on Saturdays and Sundays. The vast majority of municipal solid waste(MSW) comes into the Transfer Station on those days. Mr. Pollard asked if the DPW was carefully watching the bulky waste – everyone has acknowledged there are problems there. Mr. Antoniello stated that they have been watching the bulky waste, but that a Supervisor really needs to be on site all day. The foreman, an equipment operator, is the one that is there all day at this point. It would cost the Town a little to get a full-time Supervisor “on board”, but it would ultimately make the operation more efficient.

Mr. Reidy does not think this is the right move. The Town hired a person to make certain that only Town of Scituate bags were used and the deficit is worse than ever. He believes the current foreman manages the Transfer Station well. Mr. Harris asked Mr. Agnew when he met with Mr. Breen to discuss this budget? Mr. Agnew answered last week when the Chairman of the Advisory Committee asked to sit down with both of them to discuss the budget. Mr. Harris asked why he had not been invited to be present at the meeting? Mr. Agnew did not think of it because it was strictly a budget discussion. Mr. Harris noted that there are currently five, full-time employees at the Transfer Station. You want to hire one more, full-time person? Mr. Agnew stated that one full-time person would be moved to another division. Mr. Norton stated that the Transfer Station has a major problem with the MSW and the bag monitoring. Hiring another person and moving another person out does not sound like a solution to the problem. Mr. Reidy understands that eliminating the “Take It or Leave It” area could save $50,000 - $60,000. He would rather see that done than hiring a new person or raising the price of the bags. He also knows the scale at the Transfer Station is not being used. He would rather some simple things be done first.

(b) Double the price of bags. Mr. Antoniello noted that the overall deficit is $336,000. $326,000 was collected from bag purchases. “It is obvious to double it”. Mr. Agnew stated that the deficit is due to the Transfer Station not taking in enough revenues. We thought it important to look at the entire operation and make recommendations. Mr. Norton stated that he had asked for an audit system to be put in place to monitor bag sales. To date, he still does not have a clear-cut answer. He fears that money is potentially lost from the time bags are purchased to when the money is deposited. Ms. Gallagher stated that the stores that sell the bags must pay for them in advance. Mr. Norton has noted that some stores have been arrears – how did that happen? Ms. Gallagher was not certain. Mr. Agnew believes some stores are billed for the bags. Mr. Norton asked how they determine the number bags sold at the Transfer Station? Ms. Gallagher stated that Mr. Breen has an inventory number that has been checked by the auditors. Mr. Norton asked for the auditor’s report on bag sales. He does not want to vote an increase to this budget prior to getting a clear understanding of what is going on at the Transfer Station. Mr. Reidy asked for the deficit number prior to the “bag monitor” being hired? Mr. Agnew believes it was $250,000. Mr. Reidy noted again that the deficit number has gone up since this person was hired. His concern with raising sticker and bag prices is that residents will go to private haulers. There was a slight decline in sticker sales when the sticker price was raised the last time. Mr. Norton suggested researching some additional options such as private industry. Mr. Harris stated that he and Mr. Agnew had met with some private contractors to discuss this option and they were not interested in operating our Transfer Station.

(c) Bulky Waste – Mr. Agnew stated that the recommendation would be for anyone entering the bulky waste area at the Transfer Station to pay $10. It is difficult for the gate attendant to be consistent on what is being charged for bulky waste. Pick-Up trucks would go over the scale and be charged $110/ton. Mr. Harris noted that the rate previously charged was $170/ton, which was too high. Mr. Lane asked if charging $10 to simply enter the area was too low? Mr. Agnew stated that charging $10 would make things simple and it would “even out”.

(d) Require that all contract hauler trucks be weighed on the scale once a month with scale weights to be checked against billed weights. Mr. Pollard asked if any of these trucks were currently being weighed? Mr. Breen answered yes, but now the Town will require all of them to get on the list. Mr. Harris stated that this will be check and balance system.

(e) Reduce the price of Construction and Demolition (C & D) per ton from the current $170/ton to $110/ton. Currently, contractors can go to Bourne or Braintree and pay less. In addition,
C & D will now be accepted from contractors every day the Transfer Station is open.

(f) Discontinue “Take It or Leave It” operation. Mr. Agnew noted that this will save the Town
approximately $50,000. Most of what currently goes into this area ends up as MSW and costs the Town not only dollar-wise, but manpower-wise, as well.

(g) Explore complete operation of the Recycling Facility by contract. A new contractor would most likely make a few changes to current operations such as adding a compactor and separating glass from plastic and cans. They are trying to get a quote on this right now. Mr. Pollard believes there are ways in which to make money on recycled items. Mr. Agnew believes the only money to be made is on metals.

Discussion continued on recycling and information Mr. Reidy brought back to the Board two years ago from the Town of Wellesley. Mr. Norton understands that there are Transfer Stations in other towns that make money. Mr. Reidy suggests that the Town call Brockton and Braintree on a regular basis to find out what they are charging per ton for C & D. Mr. Pollard believes the residents might not mind paying more if the Transfer Station is run properly and a profit is realized. Mr. Agnew noted that this budget does not contain any more “retained earnings”. Mr. Pollard would like to see an analysis of this enterprise fund presented in a different manner, i.e. how much money is going out and how much money is coming in. Mr. Norton asked if the Town put out a formal Request for Proposal (RFP) to private contractors? Mr. Agnew stated that he had contacted two companies and they were not interested. They said they could not operate the Transfer Station less expensively than the Town. He further stated that it would not be possible to process RFP’s prior to this year’s March Annual Town Meeting. Mr. Reidy suggested that the Town hire an outside consultant to oversee the operation. Mr. Pollard noted the Advisory Committee’s comprehensive review of the Transfer Station operation. The review analyzed every aspect of the operation and was very positive. He had hoped tonight’s analysis by the Department of Public Works would have reflected the same type of in-depth review rather than the presented “band-aid” approach. Mr. Harris reminded that the Town has a three-year contract with SEAMASS. Mr. Agnew stated that the Town could give ten month notice, if necessary. Mr. Pollard does not believe the Board is ready to vote this budget this evening.

Mr. Charles Moncy, First Parish Road, presented a petition containing over 400 signatures to the Board requesting that the “Take It or Leave It” remain open. He believes every business endures certain costs to do business. This area is for the benefit of the people that use it. “Maybe 80% of the items in the area go to bulky waste, but I have only seen one dumpster bucket.” Mr. Pollard stated that the Board would research this further and make a decision. Mr. Joe Armstrong, Peggotty Beach Road, noted that Wellesley separates its recycled plastic, glass and metals into separate bins. The residents are responsible for separating it. He thinks if Scituate residents did this – it might “enhance” the market. Mr. Reidy noted that volunteers help out in Wellesley and they have a large amount of paid manpower, as well. “It is a huge undertaking.”

No vote was taken this evening.

61 Golf Course Enterprise Fund

Mr. Agnew stated that he tried to reduce this budget to keep it more “in line” with revenues. The decision has been made to eliminate the Assistant Golf Professional position, but monies will be taken from there to increase seasonal help. Line 5213 Natural Gas was increased by $1,000.
Line 5270 Rentals & Leases was decreased by $27,000 because the Town is not leasing any new equipment next year. The new bottom line for this budget is $1,318,305. Mr. Norton stated that a new golf committee has been formed and is looking into long range plans for the golf course. The committee has met twice and plans to meet again next week. The committee plans to speak to the food and beverage person regarding the installation of a tent. The thought is that a tent would provide space for “outing” groups, which will increase revenues.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT 61 Golf Course Enterprise Fund for $1,318,305. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Article 21 – ZBL re: Village Business Overlay District

Mr. Mark Fenton, Vice Chairman of the Planning Board, stated that the Planning Board has not finalized this Article. There really is nothing in place, at this time, to monitor the building magnitude and density in the Town’s existing business districts. An overlay district would allow for higher densities, but not as great a density as some of the projects currently being presented to the Zoning Board of Appeals. The Planning Board believes this Article will ultimately assist the Zoning Board of Appeals in their decision making process. The Article’s language is still being “fine tuned”.

He suggested that the Board vote on Articles 22 and 23, which have final language. All three articles are seen as continuing to implement the Master Plan.

Article 22 – ZBL re: Site Plan Design Guidelines

Mr. Fenton stated that this Article would allow Scituate to broaden its design review process and keep its “small town feel”. The CVS building was discussed. Mr. Norton thought there was already a design review committee in place. Mr. Fenton stated that the “procedure needs to be finalized”. A design review process was in place, but there were inconsistencies in its application. The CVS building is better than it might have been if it had not been reviewed at all. Mr. Norton asked if the Planning Board could contact CVS regarding the building’s façade? Mr. Fenton acknowledged that the building continues to be a “topic of concern”. There may be some small things that can be done. Mr. Norton encouraged the Planning Board to bring it forward to CVS. Mr. Fenton believes this Article will begin to build a framework for “scale” for the Zoning Board of Appeals and ultimately scale for the overall community.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 22 – ZBL re: Site Plan Design Guidelines. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Article 23 – ZBL re: Max. Residential Height

Mr. Fenton stated that Mr. Neil Duggan, Building Inspector/ Zoning Enforcement Officer, brought this Article forward. Additional language needs to be added to this Article that will assist Mr. Duggan in enforcement issues. Specifically, “no building with a gable, hip or gambrel roof in the Residential A1, A2 or A3 Districts shall exceed 40’, measured vertically from the average finished grade of the ground adjoining such building to the highest point of any roof.” This will help particularly in shoreline areas. Mr. Harris asked if existing structures would be grandfathered, i.e. Saint Frances Church? Mr. Fenton stated that existing structures cannot be lowered. Mr. Lane agreed that this language would assist Mr. Duggan.

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 23 – ZBL re: Max. Residential Height. SECONDED by Mr. Harris. No discussion. Reidy, Harris, Pollard and Lane voted in favor of the motion. Mr. Norton abstained. (4-0-1)

Article 24 – General By-Law – Storage Trailers

Mr. Fenton stated that the Building Inspector brought forward this General By-Law because there currently is not a By-Law governing temporary storage trailers. These storage trailers are actually no different from a shed and are difficult to enforce. Even the Police Department could enforce this General By-Law. The wording for this Article is still being crafted.

No vote was taken on this Article.

Article 27 – Definition of a Tributary – Petition

Mr. Lance Van Lenten, petitioner, was present at tonight’s meeting and gave a Power Point presentation. He spoke as the director of the First Herring Brook Watershed Initiative (FHBWI). A number of members of the FHBWI signed the petition. In addition, the Water Study Committee also endorses this Article. Mr. Van Lenten introduced Mr. Gary Van Wart, 61 Brook Street, and a resident of Scituate since 1969. Mr. Van Wart stated that he has been a member of the FHBWI for five years and is trained in natural sciences. He has worked in worked in both the private and public sectors, as well as with non-profits. He noted Mr. Van Lenten’s recent award at the State level. The FHBWI has identified new tributaries and he noted that this is a “critical time for our watershed”. There is a lot of development going on in Scituate and it is important to protect our watershed from pollutants. Every year, residents’ water bills are accompanied by a water quality report generated by the Water Division. It is essential that residents understand about the chemicals. Mr. Van Wart stated that pharmaceuticals are also appearing in our watersheds. Every time a new development is built, the soils are becoming compacted and there is a greater potential for run-off. The Power Point film outlined some of the group’s work and outreach efforts to educate the public regarding water, “our precious resource”. Mr. Van Wart announced that there would be a “swamp romp” a couple of weeks from now and he encouraged Board members to participate. Mr. Van Lenten stated that this Article is not in any way “competitive” with the other Water Study Committee articles. “It is in harmony with the whole process.” He stated that this petition Article was submitted prior to the Water Study Committee articles and that the only difference between them is that this one refers to the DEP map and has language taken directly from DEP. Mr. Van Lenten continued by stating
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that these tributaries already exist in the field. A formal process must take place to “remove a
tributary”. Ultimately, the Zoning Enforcement Officer still has the “final say”. If the Water Study Committee articles are voted affirmatively at Town Meeting, Mr. Van Lenten will withdraw this petition Article. He requested that the Selectmen not vote on this Article this evening. The Selectmen thanked the Mr. Van Wart and Mr. Van Lenten for their presentation.

Article 28 – GBL re: Eminent Domain – Petition

Mr. Joe Armstrong, 31 Peggotty Beach Road, was present at tonight’s meeting to represent this petition Article. Mr. Armstrong stated that he is also a member of the Advisory Committee and will recuse himself when that Committee votes on this Article. He summarized by stating that this Article will restrict the Town from taking certain properties by eminent domain. He cited a recent case in Connecticut that went all the way to the Supreme Court. Mr. Armstrong stated that he resides near the beach and although there is no movement by the Town at this time to take beachfront properties by eminent domain, he wants to insure that “future generations” of government do not move in that direction. The By-Law would not “intrude on the State’s or Town’s authority”. It also would not limit the Town’s authority in tax takings or taking properties due to health issues (dilapidated structures). Mr. Pollard asked if Town Counsel had given an opinion on this Article? Mr. Agnew answered “no”. Mr. Pollard suggested that the Board postpone voting on this Article until receipt of Town Counsel’s opinion.

Article 30 – Authorize Transfer of Land to Habitat

Mr. Agnew stated that this Article refers to Town owned property adjacent to the High School’s driveway side. The School Committee has voted favorably on this transfer of land. If this is approved at Town Meeting, a subsequent vote will need to be taken by the Selectmen. Mr. Harris noted that the High School donated some additional land to this project so there would be no need for variances. Mr. Agnew noted that one acre zoning is required on Route 3A. Discussion continued on how the property would be accessed.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 30 – Authorize Transfer of Land to Habitat. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

Article 31 – School Transportation Revolving Fund

Mr. Agnew stated that this is a new, revolving fund where the fees collected from Scituate families for School transportation will go. Mr. Norton asked where the fees went before? Mr. Agnew stated that $300,000 went into the General Fund. Mr. Pollard asked if this impacts the budget? No answer was recorded. Mr. Harris asked if this fund would be used to purchase new buses? Mr. Pollard believes it cannot – “it is operational only”. Mr. Norton asked what would happen if the revolving fund grows? Mr. Agnew stated that it cannot exceed $300,000. Mr. Norton asked how much it costs to operate the School buses? No answer was recorded. Mr. Reidy asked what would happen if excess funds are realized? Mr. Agnew stated that they would go back into the General Fund. Mr. Pollard asked for the figures on the income the Schools received and how much it costs to run the buses.

6. ACCEPT RESIGNATION/ Council on Aging

Mr. Lane made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Celeste Santee from the Council on Aging and further that the Board thank Ms. Santee for her years of service to the Council and the Town of Scituate. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

7. OTHER BUSINESS

Mr. Reidy asked if Hollett Street opened today? Mr. Agnew answered “yes”. Mr. Pollard noted that the pole situation on Hollett Street had been resolved. Ms. Phippen recently met with the abutters and Massachusetts Electric on this issue.

Mr. Norton noted that the Old Driftway is also open, but it would not be open if the Selectmen had not “pushed”. Mr. Norton met with a group of residents whose septic systems are in failure, but the homes are not located in a priority district. The Town still needs to look at other alternatives such as “package treatment plants”. The Doctor’s Hill development has such a plant. Mr. Agnew stated that a Scope of Services to look at other alternatives was in the Capital Plan. The Town now needs to go out to bid and have an engineering firm research the alternatives. Mr. Norton believes there are not a lot of alternatives to look at. Discussion continued on a suggestion from Mr. Keith Dobie regarding running a sewer line out to a different area with a large leeching field.

Mr. Harris referenced a recent letter written to Board asking if liquor license violation monies could be directed to DARE or some other community-based program? Mr. Agnew answered “no”, the funds must go into the General Fund. Only handicap parking violation monies can go into a separate fund, per the State.

8. CORRESPONDENCE – None

9. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of August 10, 2004. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

10. PENDING LITIGATION & LABOR NEGOTIATIONS (Executive Sessions)

The Board of Selectmen entered into Executive Session at 8:40 PM via roll call and did not return to Regular Session this evening.

11. ADJOURNMENT

The Regular Session was adjourned at 8:40 PM.

BOARD OF SELECTMEN

James E. Pollard, Chairman

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________________________
Shawn Harris

________________________
Richard W. Lane

________________________
Joseph P. Norton

________________________
Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Secretary