BOARD OF SELECTMEN

JANUARY 10, 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

1. The meeting was called to order at 6:05 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 10, 2006. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

There were no walk-ins this evening.

Mr. Pollard stated that the South Shore Regional School budget would not be discussed this evening. This item will be on the Selectmen’s agenda on January 24, 2006.

3. VOTE/ DRAINLAYER’S LICENSES

Mr. Antoniello has forwarded a memorandum stating that all the Drainlayer applications being presented this evening are in order. Mr. Pollard asked that the insurance dates for Rorke and Totman be checked.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT the following drainlayer’s applications: All Town, Inc., Dandel Construction, Iaria Brothers, Inc., McDougal Brothers, McEachern Contracting, Inc., Rorke Enterprises, Totman Enterprises, Joseph Bonomi Contractors, Diaz Construction, Stephen J. Lind, Jeffrey Morse, C.J. Robinson and P.F. Spencer, Jr., Inc. pending additional paperwork for Rorke and Totman. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

4. VOTE/ Massachusetts Water Pollution Abatement Trust Bonds/ P. Donlan

Mr. Paul Donlan, Treasurer/Collector, stated that two Massachusetts Water Pollution Abatement Trust Bonds were signed just over two years ago. Municipal loans such as this have a two-year “window” in which to finish prescribed projects. Neither project has been completed to date and they need to be re-voted. The first bond pertains to Phase I of the sewer project. A portion of the work has been done, but the repaving of the roads still needs to be completed. The second bond relates to stormwater management. Mr. Pollard asked why the projects were not completed during the two-year time frame? Mr. Agnew stated that one problem was the paving contractor. The Greenbush/Country Way area will be paved in the spring. The stormwater management plan is in the process of being submitted to DEP. Mr. Donlan stated that the Massachusetts Water Pollution Abatement group makes the Town sign for the full, estimated cost of the project. It is the same for all towns in the Commonwealth. Scituate had a paving company signed up, but they did not show up. Mr. Pollard asked if the paving contractor should pay the Town for the delay? Mr. Donlan stated that Scituate is expending funds on the interest, but the Town then gets a Massachusetts Water Pollution Abatement subsidy. The Town will lose some money due to costs incurred for a “bond opinion” and incidental costs. He will know exactly what these costs will be when the bond are officially signed on January 18, 2006. He thinks the Town will most probably have to bear these costs. Mr. Pollard asked if the Town could ask the contractor to bear these costs? Mr. Agnew stated that the question should be posed to FedCorp. Mr. Donlan will find out.

Mr. Reidy made the following MOTION: I, the Clerk of the Board of Selectmen of the Town of Scituate, Massachusetts, certify that at a meeting of the Board held January 10, 2006, of which meeting all members of the Board were duly notified and at which a quorum was present, the following vote was passed, all of which appears upon the official record of the Board in my custody:

VOTED: (1) That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $1,288,256 (the “Bonds”) pursuant to Chapters 29C and 44 of the General Laws and a vote of the Town passed March 4, 2002 (Article 4, Item K) to replace the prepaid portion of the Town’s $6,463,798 Water Pollution Abatement Bond dated November 1, 2003 and issued to the Massachusetts Water Pollution Abatement Trust (the “Trust”) for the construction of sewers and other water pollution control facilities project identified in such vote (the “Project”);

(2) that each Bond shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;

(3) that the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond, and to execute a Loan Agreement (or Agreements) with the Trust with respect to the sale of Bonds, such date, form and maturities and the specific interest rate or rates of the Bonds to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds;

(4) that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and

(5) that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement(s) and the Project Regulatory Agreement(s) relating to the Project.

I further certify that the agenda for the meeting, a copy of which is attached hereto, was posted on the bulletin board(s) of the Town at least 24 hours before the meeting in compliance with Section 7-11(a) of the Town Charter.

I further certify that the vote was adopted at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the Town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, and that the official public record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L. c.39, s23B as amended. I further certify that the vote has not been amended, supplemented or revoked and remains in effect on this date. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Mr. Reidy made the following MOTION: I, the Clerk of the Board of Selectmen of the Town of Scituate, Massachusetts, certify that a meeting of the Board held January 10, 2006, of which meeting all members of the Board were duly notified and at which a quorum was present, the following vote was passed, all of which appears upon the official record of the Board in my custody:

VOTED: (1) That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $148,751 (the “Bonds”) pursuant to Chapters 29C and 44 of the General Laws and a vote of the Town passed March 4, 2002 (Article 4, Item I) to replace the prepaid portion of the Town’s $295,184 Water Pollution Abatement Bond dated November 1, 2003 and issued to the Massachusetts Water Pollution Abatement Trust (the “Trust) for a stormwater management plan project identified in such vote (the “Project”);

(2) that each Bond shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;

(3) that the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond, and to execute a Loan Agreement (or Agreements) with the Trust with respect to the sale of the Bonds, such date, form and maturities and the specific interest rate or rates of the Bonds to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds;

(4) that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and

(5) that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement(s) and the Project Regulatory Agreement(s) relating to the project.

I further certify that the agenda for the meeting, a copy of which is attached hereto, was posted on the bulletin board(s) of the Town at least 24 hours before the meeting in compliance with Section 7-11(a) of the Town Charter.

I further certify that the vote was adopted at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the Town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L. c39, s23B as amended. I further certify that the vote has not been amended, supplemented or revoked and remains in effect on this date. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

5. PRESENTATION/ Emergency Preparedness Plan/ Chief Edward Hurley

Mr. Pollard asked Chief Hurley, Scituate Fire Department, to speak on this topic with the Board. He continued by stating that this will be an overview of a variety of things that could happen in the State and our Town. Public Safety officials constantly train for these types of events. Chief Hurley stated that the Town has an Emergency Preparedness Plan, which is really a reference manual on how to handle coastal storms, weapons of mass destruction, tornadoes, hurricanes, etc. The Plan lists the Town’s hazardous facilities and the resources needed to manage those facilities. Schools and nursing homes are identified as well as rules for staff on evacuation procedures. The Chief gave some examples of hazardous spills and the manner in which they are handled. Storms are managed according to a plan devised by the Town Administrator, Chief of Police, Chief of the Fire Department, the Department of Public Works and the School Department. A comprehensive plan is in place by which the Town can reach outside agencies if our own resources are exhausted. Chief Hurley explained the role of the “The Communicator”, a communication system generated at and by Plymouth County that puts out information to different areas of Town. They use GIS to identify specific streets and have the student listings from the School Department. This system was first tested on December 28, 2005. Chief Hurly has activated the system for specific neighborhoods in anticipation of coastal storm events. The system has generally worked well and has also been used at the regional level for fire protection, ambulances, etc. Plymouth County is hoping to receive a grant to further expand the system. Mr. Pollard thanked Chief Hurley for his report. He reassured Scituate residents that a very good plan is in place and “hopefully we will never have to use it”.

6. DISCUSSION/ COUNCIL ON AGING/ Senior Center

Ms. Celeste Santee, Chairperson/ Council on Aging) and Ms. Val Baker, Vice Chairman/ Council on Aging, reviewed the chronological events leading up to this evening’s meeting in regard to the new Senior Center. 2001 – Money was appropriated for plans for the new Senior Center. 2002 – an architect was hired. 2002 – 2004 – architectural plans and engineering - $2.7 million for a new Center. 2004 – Financial Forecast Meeting – determined that a new Center could not exceed a cost of $1.9 million in order to not trigger an override. At that time, the Council on Aging felt that the Town had a chance at a Federal block grant to make up the difference between the $1.9 million and the $2.7 million. The new Senior Center project was presented at the 2004 Special Town Meeting as a two-story building to be located on Branch Street behind Central Park and the Town Library. The first floor would house administration, confidential meeting rooms, a large break hall, and nutrition site. It was thought that the entire Town could use the meeting rooms. The second floor would house four, distinct program areas. Special Town Meeting voted unanimously to support $1.9 million for the new Center. Shortly thereafter, the Council on Aging found out that they did not get the Federal block grant. They planned to move forward with a capital campaign and proceeds from the sale of the existing building on Brook Street. At the 2005 Special Town Meeting, the Council requested that when the Brook Street site was sold, that all the proceeds would go to the new Center. This was voted affirmatively.

In the fall of 2005 the plans for the new center went out to bid. In the wake of hurricane Katrina and a general escalation of construction costs, the construction bids were “through the roof”. Even with a scaled back project (only completion of the first floor) the bid came in $800,000+ over what had been budgeted. The Council held an emergency meeting on December 19, 2005 and voted to ask the Selectmen to sell the current building and rent back the office space or find temporary space for the offices while the new facility was being built. It was thought that the left hand side of the building, that includes the great hall, bathrooms could be built for the $1.9 million and temporary administrative offices could be set up in the great hall. The Council feels that “if we do not put
something up now – it will never happen”. At a meeting held on January 5, 2006, another version
of the new Center was presented in which it was completely scaled back to a one-story building with a possibility of a “build out”. There was also talk of moving the site from Branch Street to Stockbridge Road. Neither of these ideas were close to what was voted at the Special Town Meeting when the $1.9 million was appropriated.

Ms. Santee stated that the Selectmen have recently received a letter from the Director and Staff of Senior Services stating that they are not in favor of these latter options. The Council is in a “dilemma and needs a solution”. The Council wants to meet the needs of the seniors, but there are two problems: (1) time and (2) money. Construction costs are escalating daily. $1.9 million will no longer cover what needs to be built. The Public Building Commission is “crunching the numbers” on the project right now.

Mr. Norton stated that “there is no way the bids can be off by approximately $1 million on a
$2-3 million project. Let’s keep that in mind – this could be a $1 million shortfall”. Mr. Pollard stated that the Center project could go out for bid again. Ms. Santee stated that the Council is unsure about doing that. The Lawson Tower was recently re-bid and it came in at budget. Mr. Norton believes the architect’s estimate for the Center was too low. Mr. Agnew believes the bids for the new Center were “good” bids – all were within $200,000 of each other. “It is a shame that we cannot take the low bid right now and not wait any longer.” Mr. Pollard asked if the Public Building Commission had finished their review? Ms. Santee stated that they have suggested some other ideas dealing with open space, etc. Mr. Harris asked if this architectural firm has done plans for similar projects in the past? Mr. Snow, Chairman of the Public Building Commission, stated that the architect is competent. Mr. Fournier, Public Building Commission, was also present at tonight’s meeting. Mr. Snow stated that the architect designed the building in 2003 assuming that the Town would get the Federal grant. When the grant did not come through, he “planned to shell” the second floor and by further paring back, still be able to keep the same building that was proposed to the Town. The thought was - the building could be outfitted as everyone hoped it could be. Mr. Snow continued by stating that the timing for all of this is “terrible”. He is in the building business and costs have greatly escalated. The site work on Branch Street was much higher than originally thought and the Housing Authority’s parking lot will have to be moved. The architect has been accommodating – the project has dragged out well beyond his contract. The architect, at no additional cost, recently submitted a revised drawing. Estimating this project has been a challenge. Mr. Pollard asked Mr. Snow if his Commission had finished their review of this project? Mr. Snow answered “yes” and asked for direction from the Board of Selectmen. Mr. Pollard noted that the real estate estimate on the current building is $450,000. Ms. Santee stated that an estimate of $427,000 was received on the building a couple of years ago – “we rounded up”. Mr. Pollard asked if the Council had any new sites in mind? Ms. Santee stated that the Council hopes to keep the same site, sell the current building and lease back the space while the new Center is built. They are looking trying to look at all options while still meeting the needs of the seniors. They understand that there may be some compromise in terms of limited administrative space. Mr. Pollard asked if the Council had received “firm commitments” in terms of temporary space to house the seniors and staff? Ms. Santee stated that this is only at the discussion level at this point, but three locations have been discussed.

Mr. Pollard asked how much money had been realized during fund raising efforts? Ms. Santee answered “$94,000”. Mr. Pollard noted that they are still $300,000 short even after the sale of the current building. Mr. Pollard asked if temporary space would involve insurance changes? Mr. Agnew answered “yes”. Mr. Norton asked what the low bid for the new Center was? Mr. Agnew answered $2.7 million. Mr. Snow noted that $300,000+ is needed on top of that. Mr. Reidy asked if
there would be another opportunity to “re-do” the grant application? Ms. Baker stated that the census figures used in the application were changed from the 1990 census to the 2000 census. Scituate had ½ of 1 percent over the allowable amount – “our seniors have a speck too much money”. Mr. Reidy expressed concern over the very different tenor of the two letters presented to the Board this evening – one from the Council on Aging and the other from the Director of Senior Services and staff. “How can the Selectmen come together on this if you are not together on how to proceed?” Mr. Pollard concurred – both groups are coming from very different directions and need to come together on this project. Ms. Santee stated that the Council’s proposal says “this is what we have now and how do we achieve what we want with the limitation of dollars and time”? She stated that the Council’s first choice would be the leaseback situation and the second choice would be temporary space. Mr. Norton stated that this would not be decided by the Selectmen this evening – “a compromise needs to be found”.

8. 7:05PM/ PUBLIC HEARING/ Pole Petition #50005/ Mordecai Lincoln Road

Ms. Aileen DeRoyce, Massachusetts Electric, explained that leaning pole needs to be relocated forty-five feet to the east. The current location does not have enough room to replace the existing pole.

Mr. Lane made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #50005 to relocate Pole #15, 48 feet east of existing location in order to replace a leaning pole. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

6. DISCUSSION/ COUNCIL ON AGING/ Senior Center – continued

Ms. Joan Wright, Director of Senior Services, stated that she and her staff object to a move to temporary space. They do not object to the lease back idea. Temporary space would not work program-wise. Seniors meet privately with Representative Frank Hynes, for legal counseling, the public health nurse and professionals for tax preparation, etc. A half-wall partition does not afford the privacy that is needed for these types of meetings. Outreach counseling requires a locked office, as do personnel files. The seniors need to be given a “sense of privacy” when dealing with certain issues. She has further concerns about erecting partitions in a new 3,000 square foot workspace. Solid walls would ruin the great room’s design. Ms. Wright, as a Department head, feels that she should have been consulted on the temporary space concept and she only just heard tonight about the nutrition site. “We want a new building. A new building that will work for the seniors and their programs.” Mr. Pollard again stated that the Selectmen expect everyone to work together towards that goal. Discussion continued on the lease back option of the current site. Mr. Agnew stated that he is disturbed as to where this project is headed. The Council on Aging said at the time the money was appropriated at Town Meeting that they would never return to Town Meeting for additional funds. Mr. Pollard stated that returning to Town Meeting is only one option. Mr. Norton believes too much time and effort has been put into the new Center to let it go at this point. Ms. Santee stated that one reason not to return to Town Meeting is “timing” – the Town may be looking at a $1.5 million deficit. Community Preservation Act monies are a consideration, but the applications were due last October – “we do not want to wait another year”. Mr. Lane encouraged the groups to continue to have dialogue with each other and to be “up front with your information – you are all here to serve the needs of the seniors”. Ms. Santee believes that communications are now moving forward in an open manner. Mr. Norton suggests compromise. Mr. Lane stated that he would attend meetings as the Selectmen’s liaison to the Council on Aging. Mr. Reidy believes that a lease back situation will hurt the current Center’s sale price. Mr. Pollard noted that a more recent appraisal of the building is needed. Ms. Baker encouraged anyone in the audience of tonight’s meeting with expertise in these areas to contact the Council on Aging.

7. DISCUSSION/ VOTE/ ANNUAL TOWN MEETING ARTICLES

Article 14 – Council on Aging/ Revolving Fund

Ms. Wright stated that this Article is set at $35,000 each year and the limit has never been exceeded. The Revolving Fund allows the Council to collect monies for programs and to pay the bus companies for transportation. It is an “in and out” account. The Council is again asking for the Revolving Fund to be set at $35,000.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 14 – Council on Aging/ Revolving Fund. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Article 19 – Para transit

Mr. Agnew stated that this program provides transportation for disabled seniors, disabled adults and chronically ill residents in Scituate. Many residents are using this program to go to and from dialysis treatments. The program went over the allotted $16,000 last year and this year they are asking for $18,000. Mr. Norton asked if the Town charges residents for the program? No, the Town is reimbursed 50% by the State.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 19 – Para transit. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

12. DISCUSSION/ Fire Station Update

Mr. Norton requested this Agenda item. The fire station issue has been ongoing for seven to eight years. Everyone agrees on the necessity of a fire station in Minot in terms of medical runs and fire protection. Mr. Agnew stated that the engineering firm, SciTech, is trying to move forward with the permitting, but it is “stuck” in appeals with DEP and Superior Court. DEP is requiring information on both sides. A Chapter 91 permit is necessary at the Hatherly Road site and this will require a lot of historical data. Mr. Norton asked who would be collecting the historical data? Mr. Agnew answered, “SciTech”. Mr. Norton asked if the Minot station would be on the 2006 fall Special Town Meeting warrant? Mr. Agnew believes it could go forward at that time if the permitting is in place. Additional funds will be needed, as well. Mr. Pollard asked about the permitting for the Mann Lot Road station? Mr. Agnew stated that the Hatherly Road site is a little further ahead than the Mann Lot Road site.

Mr. Reidy agrees that a resolution to the fire station issue is needed. He met with Minot residents last summer on this issue. He discussed the fire stations as they relate to the Town’s Financial Forecast. Staffing and the operational budget for the two stations was also discussed. Mr. Norton stated that it was his understanding that if only one station could be built, it would be the Minot station. “The Minot residents got the ball rolling and have waited too long.” Mr. Reidy does not understand, from a numbers standpoint, how both stations can be built. Mr. Agnew reminded that a Town Meeting Article still exists for two fire stations to be built. We could return to Town Meeting to vote on whether one or two stations should be built, or vote an operational override or a debt exemption. Mr. Pollard noted that the response times at the Mann Lot Station are critical, as well. He believes that we would have to return to Town Meeting. Town Meeting voted two stations. Chief Hurley stated that the response time for both locations was four minutes. Mr. Agnew stated that the permitting
needs to be done prior to returning to Town Meeting. Mr. Ted Tobin, 21 Gannett Road, understands
that the Chapter 91 process is lengthy. Has the Hatherly site been fully engineered? It looks like a flood plain. Mr. Agnew met with Mr. Norton, Mr. Kalishes and the engineer and they all believe it can be permitted. The Planning Board has already approved the site. Mr. Tobin believes the site can still be appealed through the Zoning Board of Appeals. Mr. Agnew disagreed. A fire station can be built anywhere. The floodplain and wetlands issues at this site have already been appealed. Mr. Tobin stated that there have been some critical medical problems in the Minot area over the past ten years. He believes the old fire station should, at the very least, be manned. Mr. Agnew stated that the old station is in terrible condition and there is no money to do so. Mr. Tobin stated that nothing is more important that the safety of our residents. Mr. Pollard stated that the entire Board agrees with Mr. Tobin’s last statement.

Mr. Bill Flaherty, 5 Pond View Avenue, asked if the Town had looked at other sites in Minot? Mr. Agnew answered “yes”, but those sites would have to be taken by eminent domain or were cost prohibitive. At this point, a Town Meeting vote would be required to change the site. Mr. Flaherty asked if St. Frances or the Proving Grounds would be a viable site? Chief Hurley stated that the first choice is to have a station located within the “Minot island area”, but if that was not possible, the St. Frances site would work. Mr. Flaherty stated that the Town may want to consider an eminent domain taking.

Mr. Norton stated that the Town needs to make a decision on this issue tonight. Mr. Reidy noted that the Board tried to do that a year ago and unless the State gives us more money, it is not likely to be resolved soon. Discussion continued on the old Minot Fire Station. Mr. Agnew again stated that the Town does not currently have authorization to use that site and there are septic and wetlands issues, as well. Mr. Reidy would like to see that site re-visited. Mr. Harris asked if the station could be used just for ambulance service? Chief Hurley stated that it would involve taking an ambulance from Fire Headquarters on First Parish Road and eight paramedics to man it. Mr. Reidy asked if the existing building would need to be torn down? Mr. Agnew stated that the current building does not meet the State Building Code. Discussion continued on whether to reduced the plan to one station or to stay with the original plan for two stations. Mr. Kevin Kane, 6 Mitchell Avenue, stated that not all residents are in favor of re-opening the old station. The Hatherly Road site will service not only Minot, but the Sand Hills area with good response times. Just because a fire station was originally placed on Mitchell Avenue, does not mean it was an ideal spot. There are many small children in this neighborhood now that could be endangered with emergency vehicles entering and exiting the station. Mr. Kane asked if the Town had considered selling the old station? It is currently assessed for $550,000 and the monies could be used for a new station. He presented a petition from thirty-five residents who do not want the old station re-opened. Ms. Corinne Wagner, Ocean Avenue, has lived in Minot for twenty-six years. She knows the importance of having a station in Minot and believes the permitting is taking a very long time. She would like a “back-up” plan to be put in place in terms of a promise that if the permits are not in place by a certain date, that the Town will open the old station. She also noted that the Mitchell Avenue station should not be sold until the Town settles on a new, definite site. Mr. Agnew stated that the fact that a new site has not been decided upon is the exact reason the old site has not yet been sold. Mr. Bob Wagner, Ocean Avenue, also stated that the process has gone on for a very long time. He suggested a phased program where one station is built now and another in the future.

Mr. Pollard summarized by stating that the Town will move forward aggressively on the permitting and look towards this issue being placed on the fall 2006 Special Town Meeting warrant. The old station on Mitchell Avenue will be looked at as an alternative site. Mr. Norton noted the lawsuit waged by abutters that has delayed the project for over two years. Mr. Flaherty asked for a date when
the residents would be updated by the Town on this issue? No answer was recorded. Mr. Reidy
apologized to the Minot residents he met with last summer in the event he may have given them any misinformation regarding the fire stations.

9. DISCUSSION/ VOTE/ FY2007 BUDGET REVIEW

310 South Shore Regional School Budget will not be discussed this evening.

300 School Department

Mr. Mark Mason, Superintendent of Schools; Ms. Terry Garon, Director of Business and Finance; Mr. Edward Tibbetts, Chairman, School Committee; Ms. Libby Michaud, Ms. Margie Sullivan,
Ms. Maura Curran, School Committee, were present at tonight’s meeting. Mr. Mason distributed the “Fiscal Year 2007 School Budget Proposal” to the Board of Selectmen. Mr. Tibbetts stated that the School Department and School Committee were present to discuss the School budget and shortfalls this evening. Mr. Pollard stated that the Town Administrator made recommended cuts to the Town side of the budget at the last Selectmen’s meeting. These recommended cuts have not yet been voted. He asked for a summary of the School Department’s budget to bring the Selectmen “up to date”. Mr. Mason stated that the last three or four years have been “lean” years for the Scituate Public Schools. He is uncertain how much longer they can continue at this level. All municipal departments must been examined – if one group is not holding up their end, then all municipal services decline. Ms. Garon stated that the School Committee has approved a budget of $24,237,496. This reflects a 3.5% increase ($812,000) over last year’s budget. The average yearly increase over the past thirteen years has been 5%. The $812,000 covers contractual obligations, retirements and utilities. There is not a lot of “room” without attaching personnel. Mr. Norton asked how far the Schools have gone over the percentage split between the Town side and the School side? Ms. Garon answered $450,000. Mr. Agnew stated that the original estimate for “new growth” was $600,000, which has now been reduced to approximately $510,000. Discussion continued on how oil was budgeted for on both sides of the budget. Mr. Agnew recommended a 20% increase over last year’s budget. Ms. Garon took that number into account and reduced the School’s oil budget. Mr. Reidy asked what would happen if the School budget for oil is short? Mr. Tibbetts state that the original number was very high and then the gas prices came down. Mr. Agnew suggested trying to be “more optimistic”. The School’s have scaled the number down and it is really “a best guess” scenario. Ms. Garon suggested that the Town and School sides come up with a “uniform calculation” for estimating utility costs. Mr. Pollard asked about the School’s oil service contract? Ms. Garon stated that it is a flat 20% over the present budget.

Mr. Reidy asked about Conference Mileage on Page Fourteen? How much are the employees reimbursed per mile? Ms. Garon stated that the Schools adhere to the Internal Revenue Service rate of .32/mile. Mr. Pollard stated that the first priority is to find the $450,000. The Treasurer/Collector, Director of Assessing and Advisory Committee would be willing to “sit down” with the Schools to try to find these funds at a meeting on January 19, 2006. This year’s budget is a priority, but there is also a need to look to future years. Mr. Pollard added that two Selectmen would also join the group. The Town side currently has unfilled positions, which will remain unfilled rather than cutting positions. Mr. Tibbetts stated that it is important to note the Schools, as a Department, are “very lean” administratively. “If we cut personnel, it will directly affect our students.” Mr. Agnew added that if personnel were laid off, the result would be unemployment costs. Mr. Reidy asked what other communities are doing to control utility costs? Mr. Agnew knows that some town managers are budgeting a 40-45% increase for utilities. Mr. Pollard stated that he would check in with some other towns at the Massachusetts Municipal Association conference this weekend. Mr. Mason looks forward to the opportunity to meet with everyone on January 19th. No vote was taken on this budget this evening.

10. DISCUSSION/ Community Preservation Act Article/ J. Hallin

Mr. John Hallin, Chairman of the Community Preservation Act Committee, was present at tonight’s meeting. Mr. Pollard explained that the Selectmen received the back-up materials on this Article just last evening. Mr. Hallin will give an overview on each facet of the Article this evening, but no votes will be taken.

1. Local Historical Survey - $6,000 – This is the 4th part of 6 part series and specifically relates to Lawson Park and the GAR Hall.

2. Restoration of the Mossing Shed - $20,300 – This project will include the replacement of rotting roof boards, the installation of new cedar shingles, sill and interior frame restoration, window repair and a new, main door replicated and installed. Painting of door, windows and trim. This Mossing Shed is located at the Scituate Marine Park. It is a historic building and also provides storage for some of the Town departments.

3. Burial Site Survey, Phase II - $22,500 – Forms need to be prepared for fourteen sites and then submitted to the Massachusetts Historical Commission so the sites can be placed on the historical resources list. This is important because it will make the sites eligible for funds other than Town funds.

4. HVAC System for Cudworth House - $30,000 – This is the last of the major projects for the Cudworth House. The House currently does not have a heating or air conditioning system. This type of system will preserve the artifacts located in the house. Work continues to get the price for this system below $25,000.

5. Restoration of Life Saving Station - $45,500 – This Station is also located at the Scituate Marine Park and the restoration work will be part of a two-phase project. The first phase involves the restoration of the sills and interior frames. The building needs to be moved out of the flood plain and it cannot be moved until the sill work is done.

6. GAR Hall Restoration - $138,000 – These funds would be used to complete the Hall’s kitchen, the installation of three restrooms, a fire alarm, heat and air conditioning and a connection to the sewer. The building will then be complete and ready to use by the Historical Society and the Town. The Hall will have a 75-100 person capacity.

7. Community Housing - $592,000 – Town owned property on Stockbridge Road would be used to build 3-5 units of affordable housing. Anything over three units will receive State aid. Units would be sold at 70% of the median price. The units will not be rented. It would be a “phased” approach with the engineering work done first. No special permits would be needed. Discussion continued on the requirement of the Selectmen to declare this Town owned property “surplus”. The property backs up to the golf course.

8. Cushing Community Playground - $44,000 – Hatherly School put forward a similar proposal last year. The total estimate is $106,000, but the group is looking for $44,000 from CPA. They will raise the rest of the money and provide the labor.

9. Community Basketball Courts - $120,000 – The entire project will cost $220,000. The Basketball Committee will raise the balance of $100,000. The $120,000 includes $20,000 to resurface the third, existing court.

10. Library Grounds - $37,000 – The Library would like to restore an existing island in the parking area in front of the Library. The island does not function well and they would like to make this a better “turnaround” area especially if the senior center is added into this complex. They would also like to raise the sidewalk between the parking area and the Library entrance.

11. Driftway Park/ North River Marshes/ Public Access Plan - $50,000 – This money would be used for open space and specifically a feasibility study and design to connect the Driftway Park to the Harbor and the Greenbush Line to the Driftway Park via a walking path. Additional grant monies may be available for this project.

12. Curtis Property Feasibility Study - $50,000 – For a feasibility study for 26 acres of land located at 90 Ann Vinal Road. The study will examine the land’s use in terms of affordable housing or a recreation field or open space.

13. Litchfield Property - $830,000 – Request to purchase 40 acres of land for open space. This item is still under discussion and may be re-voted by the Committee.

Mr. Hallin stated that the Committee would be meeting next Wednesday and he will update the Selectmen at their January 24th meeting. It was asked if the Selectmen could vote the Stockbridge Road land as “surplus” this evening? Mr. Lane stated that a vote of that kind would have to be listed on the Selectmen’s Agenda and it is not listed this evening. Mr. Harris suggested that the Stockbridge Road neighbors be contacted regarding the affordable housing proposal. Mr. Hallin stated that one neighbor has already been in contact with the Committee. Mr. Steve Bjorklund stated that he would be willing to walk the property with Committee members.

11. DISCUSSION/ VOTE/ ANNUAL TOWN MEETING ARTICLES (continued)

Article 1 – Compensation of Certain Elected Officials

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 1 – Compensation of Certain Elected Officials. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 2 – Compensation of Town Clerk

Mr. Agnew stated that the dollar amount reflects a 3% raise for the Town Clerk, which is the same percentage as the negotiated, union contracts.

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

Article 28 – Accept MGL Chapter 41 Sections 19K and 108P

Ms. Bernice Brown, Town Clerk, stated that this Article provides additional compensation for the Town Clerk and the Treasurer/Collector for the completion of their respective certifications. The compensation is a maximum of $1,000 per year for each position. Both the Town Clerk and the Treasurer/Collector have been working on their respective certifications. The Treasurer/Collector’s will be completed by the summer of 2006. Ms. Brown’s certification has taken three year’s to complete. Mr. Norton does not know of a single town that has not supported this type of article.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 28 – Accept MGL Chapter 41 Sections 19K and 108P. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Article 3 – Free Cash

Mr. Agnew stated that the amount is $500,000 and is certified by the Department of Revenue. Historically, Free Cash is used to balance the budget.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 3 – Free Cash. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Article 11 – Stabilization Fund

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

Article 12 – MGL Chapter 91 Liability

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 12 – MGL Chapter 91 Liability. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Article 13 – Conservation Fund

Mr. Agnew stated that this is an annual Article that specifies an amount of $5,000. $2,500 is for the maintenance of the Driftway Park and $2,500 goes into the Conservation Fund for land appraisals. Mr. Pollard asked how much is in the Conservation Fund. $28,000.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 13 – Conservation Fund. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Article 15 – Planning Board/ Revolving Fund

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

Article 16 – Board of Health/ Revolving Fund

Mr. Agnew stated that this Revolving Fund is used for inspections and the food inspector’s salary.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 16 – Board of Health/ Revolving Fund. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

Article 30 – Public Health Mutual Aid Agreement

Ms. Jennifer Sullivan, Director of Health, stated that this Article would allow the Town’s Board of Health to enter into inter-municipal agreements. This same type of arrangement has already been made for the Police and Fire Departments.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 30 – Public Health Mutual Aid Agreement. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 17 – Collective Bargaining Agreement

The amount in this Article is $210,000.

Mr. Norton made MOTION that the Board of Selectmen VOTE to SUPPORT Article 17 – Collective Bargaining Agreement. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

13. VOTE/ OPEN & CLOSE SPECIAL TOWN MEETING WARRANT

Mr. Harris made a MOTION that the Board of Selectmen VOTE to OPEN the Special Town Meeting Warrant at 9:30 PM and to CLOSE said Warrant at the conclusion of this Meeting. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Mr. Agnew stated that there are three Articles in the Special Town Meeting warrant and he will furnish the “back-up” information on them at a future meeting.

14. VOTE/ Agreement/ Ryan Flannery Memorial Fund

Mr. Pollard explained that this would be a formal agreement between the Ryan Flannery Memorial Fund and the Town of Scituate. The Fund has offered a significant and most generous contribution, $50,000, to the Town to build a playing field. Deadlines must be met and the family needs to be kept involved. Mr. Lane asked if the Town would be able to meet the time line as outlined in item #6. Mr. Agnew stated that the Town is ready to go out to bid on the field in the next couple of weeks. Mr. Reidy asked about item #3 on what types of sports the field will be used for? Will the primary use be lacrosse? Mr. Agnew suggests that the language in the Agreement be changed to soccer, lacrosse and other recreational uses as suggested by the Recreation Commission.

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to SUPPORT the Ryan Flannery Memorial Fund Agreement pending the suggested wording change to item #3 and AUTHORIZE Chairman James Pollard to sign said Agreement on the behalf of the Town of Scituate. SECONDED by Mr. Lane. No discussion. Unanimous vote. (5-0)

15. OTHER BUSINESS

Mr. Lane stated that a decision whether or not to re-auction the Three Ring Road property needs to be made at a future meeting.

Mr. Reidy asked how many non-profit organizations the Town subsidizes? Mr. Agnew is not certain that the Town subsidizes any non-profit organizations.

Mr. Agnew asked that the Selectmen review the Budgets and put forward any recommended cuts to him as soon as possible. There is a potential cut of $1,800 in the Town Clerk’s budget due to a reduction in hours for the Annual Town Election. Normally the hours are from 8AM to 8PM. The Town Clerk suggests the hours be reduced to 9AM to 6PM.

Mr. Reidy expressed concern over the Selectmen sponsored Article regarding the Animal Shelter. Mr. Pollard noted that the Animal Shelter group needs to raise a certain amount of money by February 2006 or the entire project will not go forward. Discussion continued on a lease buyback option for the current Shelter. Mr. Reidy wants to make certain every aspect of this Article is clarified prior to Town Meeting.

Mr. Norton noted that hopefully the Old Driftway would be open to traffic by the end of this week. The road being opened should improve traffic flow in this area, especially on the weekends.

Mr. Norton expressed concern over the length of time involved in repairing the traffic signals in North Scituate. Mr. Agnew stated that the equipment for the repair has been ordered and everything should be in working order by early next week.

Mr. Norton asked if the MBTA had responded to the bill the Town sent them to repair the water main on Beaver Dam Road. Mr. Agnew has not had a response from the MBTA. Mr. Norton believes the bill should have been sent to Cashman Balfour Beatty.

16. CORRESPONDENCE

Mr. Reidy read a letter from the Executive Office of Public Safety regarding $18,024 awarded to the Scituate Police Department by the State-funded Community Policing Grant Program.

17. PENDING LITIGATION

The Board of Selectmen entered into Executive Session for purposes of Pending Litigation at
10:00 PM and did not return to Regular Session this evening.

18. ADJOURNMENT

The Regular Session was adjourned at 10:00 PM.

BOARD OF SELECTMEN

James E. Pollard, Chairman

Shawn Harris

Richard W. Lane

Joseph P. Norton

Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Secretary