BOARD OF SELECTMEN

JANUARY 2, 2007

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

Press: Scituate Mariner and Patriot Ledger

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for January 2, 2007. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

There were no walk-ins this evening.

3. VOTE/ DRAINLAYER’S LICENSE

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a
Drainlayer’s License to Frederickson Jones Contracting, 735 Washington Street, Walpole, Massachusetts. SECONDED by Mr. Harris. Discussion – Mr. Harris asked Mr. Jones for some information about his company. Mr. Jones stated that he had been in business for twenty-four years. Frederickson Jones Contracting was based in Norwell for twenty years and recently Mr. Jones bought out the equipment and kept on some of the employees. The company does approximately $2.5 million a year and has a lot of experience with new subdivisions and sewer connections. The company has done a lot of municipal work and more recently has been involved with residential subdivisions. Mr. Norton asked if the former, Norwell based company had a drainlayer’s license in Scituate? Mr. Jones knows that the former company did have a septic installer’s license in Scituate, but he was uncertain about a drainlayer’s license. Mr. Jones stated that he has a specific job in Scituate that he would like to do and that is why he applied for this license. No further discussion. Unanimous vote. (5-0)

4. 7:05 PM/ PUBLIC HEARING/ Liquor License/ Pier 44

Mr. David Pallotta, owner of Pier 44, and Attorney William Ohrenberger were “sworn in”. Mr. Reidy stated that at the time liquor license renewals were considered in December 2006, it was brought to the Board’s attention that Pier 44 Restaurant was not open for business. The Selectmen invited Mr. Pallotta to tonight’s meeting to ask for a status report on the restaurant. Mr. Ohrenberger stated that Pier 44 had not been open to the public since late November 2006. He acknowledged that Mr. Pallotta should have informed the Selectmen of this closure. Mr. Ohrenberger referenced the noise issue at Pier 44 back in September 2006 that was corrected by his client. He noted that Mr. Pallotta had been very busy with the marketing of his new Harborside Village and he hopes to re-open Pier 44 in the late spring. Last year he brought in a new chef and restaurant staff and he hopes to do the same this year. Mr. Pallotta has an application in to the building department for making repairs to a cooler area and the back dining room. Mr. Ohrenberger stated that “the restaurant business is a tough business. Mr. Pallotta has put a lot of money into the restaurant and tried to get the right personnel”. He asked the indulgence of the Selectmen to let Mr. Pallotta to go forward with this plan and he promises to keep the Board more closely informed of how things are progressing. Mr. Reidy stated that the Board’s main concern was why they had not been informed of the Restaurant closing. Mr. Ohrenberger stated that “Mr. Pallotta apologizes and understands the Board must be informed”. He further stated that plans for a “bistro” had been moving forward, but ultimately “fell apart”. The type of restaurant that will open this spring will depend entirely on a new head chef. Mr. Reidy noted Chapter 138, Section 77 of the Massachusetts General Laws, which speaks to the “Cancellation of License if Licensee Ceases to Conduct Business”. Mr. Norton stated that the Board is not trying to be adversarial – they know that Mr. Pallotta has a right to close – he just needs to notify the Board of his intentions. Mr. Ohrenberger stated that it is Mr. Pallotta’s intention to open the Restaurant for the summer on May 1, 2007. Discussion continued on how the Board would best receive updates on the Restaurant’s progress. It was decided that the hearing would be left open and that Mr. Pallotta would be asked to a Selectmen’s meeting in early May for a status report. If nothing is happening with the Restaurant, the Board can make a decision at that time. Mr. Norton does not believe there is anything to gain by taking the liquor license at this time. This has been established restaurant in Scituate for a long time. Mr. Harris concurred. Mr. Pollard asked how long Mr. Pallotta had been searching for a new chef? Mr. Pallotta answered “two months”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to CONTINUE the Public Hearing on the Liquor License for Pier 44 to the first Board of Selectmen’s meeting in May 2007. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

5. SCITUATE MARINE PARK/ SAILING CENTER PROPOSAL

Mr. Chris Clancy, Recreation Liaison member to the Scituate Marine Park Committee, was present at tonight’s meeting. Mr. Clancy described his idea as a “learn to sail project through advanced sailing at a venue (Scituate Marine Park and Scituate Harbor) which would be accessible to Scituate residents as well as surrounding towns”. This program would be for children, adults, senior citizens, underprivileged and disabled citizens. Mr. Clancy stated that he had presented this idea to the Waterways Commission, the

Recreation Commission and the Scituate Marine Park Committee. All of these groups endorse the idea. He continued by stating that most of the Town’s competitive sailors (the J24 fleet) have left the area. It has gone from twenty-four boats down to four boats. The major reason for this is a lack of moorings. Mr. Clancy suggests that a hoist would solve this problem. A free-standing hoist (weighing 2-5 tons) would be able to hoist these boats quickly on to a trailer. This will “free up” moorings and would create some summer storage for these boats, which will boost boatyard revenues. From an environmental standpoint, it is a good idea because boat bottoms will not have to be painted due to the fact they will not be sitting in the water indefinitely. Mr. Clancy believes a hoist is needed to create a competitive sailing group in Scituate Harbor again. He spoke about Duxbury’s Maritime School that has a large endowment and has greatly expanded their sailing program. Mr. Clancy spoke about incorporating Scituate’s rich maritime history into the Town’s new sailing center. He strongly feels that the children in Scituate do not really have access to sailing. Boats such as Optimists and 420’s can be placed on floats and floated off the Marine Park docks. These floats do not take up a lot of room. Mr. Clancy asked for the Selectmen’s endorsement of this idea.

Mr. Murray, Selectmen’s liaison member to the Scituate Marine Park Committee and the Waterways Commission, thanked Mr. Clancy for his excellent summary. He noted that Harbormaster Mark Patterson, Waterways Chairman Howie Kreutzberg and Historical Society Chairman Dave Ball were all present at tonight’s meeting. Mr. Murray stated that the Scituate Marine Park Committee would give a large presentation on the status of the Park at the end of January or early February 2007.

Mr. Murray made a MOTION that the Board of Selectmen ENDORSE the principles of Scituate Sailing Center at the Scituate Marine Park and further advise Mr. Clancy to continue working with the various groups on this idea. SECONDED by Mr. Norton. Discussion – Mr. Clancy spoke about the Frostbiters, a group that had sailed in Scituate Harbor during the winter months, until very recently. They moved to Duxbury because Scituate did not have a facility. He noted that Scituate Harbor is unique in that you can “jump in your boat and immediately be at the start of the race”. Scituate High School does not have a sailing team. It was noted that one of the key components in “selling” the Marine Park to Town Meeting was the sailing piece. Mr. Reidy asked if the Frostbiters would have benefited by the dock being left in at the Jericho Road boat ramp? Mr. Clancy answered “yes”. Harbormaster Patterson stated that the dock could be left in at that location, but it is a spot that is very vulnerable to easterly or northeasterly storms. Mr. Reidy asked if there would be a membership type of fee in order to use the hoist? Mr. Clancy stated that it would be more of a “fee” arrangement. Mr. Clancy will provide the Selectmen with photographs of hoists and a list of seacoast towns that currently have hoists. Mr. Norm Paley, resident, asked about the cost of a hoist? Mr. Clancy answered that an uninstalled, five-ton hoist costs approximately $23,000. Mr. Paley asked if the money would come from the Waterways Enterprise Fund? Mr. Clancy answered “no”, that two people had come forward with offers of donations for the hoist.

He feels that additional donations will come in, as well. Mr. Harris thanked Mr. Clancy for his presentation. He has heard him speak at Recreation Commission meetings about this idea and it would be great not only for the Town, but for the Recreation Department, as well.

6. UPDATE/ First & Second Cliff Sewer Expansion/ Weston & Sampson

This item will be postponed until the January 16, 2007 meeting.

7. DISCUSSION/ VOTE/ FY2008 BUDGET REVIEW

61 Golf Enterprise Fund

Mr. Agnew stated that he cut approximately $60,000 overall from this budget. $5,000 was cut from Personal Services. There was an increase under Purchase of Services and a reduction under Capital Outlay. Line 5240 Office Supplies pertains mostly to repairs. Mr. Pollard asked for clarification on this Line. Mr. Agnew stated that it applies to building repairs, the putting up and taking down of the awning, alarm system, rubbish removal and cart repairs. Removing certain telephone lines reduced Line 5341 Telephone. Mr. Pollard asked for clarification on Line 5270 Rentals & Leases. Mr. Agnew stated that the Golf Course still leases 18 carts for $11,000. We try to turnover between eight and eleven carts each year. Eight new carts are being leased for $9,000. In addition, two mowers and one bunker rig will be replaced. Mr. Pollard asked about the golf course management contract. Mr. Agnew stated that the Town is in year 4 of a 5 year management contract. Mr. Pollard asked how the Golf Course was being marketed? Mr. Agnew stated that the Course is advertised in the Patriot Ledger and the Scituate Mariner. The player ratio is 60% resident and 40% non-resident. Mr. Pollard asked about Line 5960 Indirect Costs. Mr. Agnew stated that this number includes pensions and health insurance for the employees. Ms. Mary Gallagher, Town Accountant, stated that this number ($43,082.00) may have to be increased due to insurance liability. Mr. Pollard asked about Line 5800 Capital Outlay for $0. Mr. Agnew stated that there are no new projects slated for FY2008. Mr. Pollard asked for a status on the bond for the Golf Course. Mr. Agnew stated that the bond was “floated” in 1997 and he believes there are nine years left on it. Discussion continued on Seasonal Employees.

Mr. Norton asked what this Enterprise Fund’s deficit was last year? Mr. Agnew answered “ $200,000”. Mr. Norton believes this deficit needs to be addressed. Mr. Agnew believes if further personnel cuts are made that it will eventually affect the course. He would like to go out to bid again this year on the food and beverage contract.
Part of that contract will involve an outdoor facility with a roof, table and chairs specifically to drawn in more golf outings. It was noted that when the Town of Duxbury went out to bid for their food and beverages contract that a requirement was that the contractor would build a clubhouse. This worked well for Duxbury. The whole idea is to attract more golfers for outings and in turn, that would make more money for the Town. More golfers means more rounds played. Mr. Norton agreed with this idea and further stated that the Golf Course needs to attract at least one tournament a week. There was also a discussion on moving tees and making the tenth hole shorter. Mr. Agnew plans to have an article on a Special Town Meeting warrant addressing this issue. A “pavilion” style outbuilding would need to be in place by March 2008. Mr. Norton believes that an addition of this type would be an asset to the Golf Course and ultimately, the Town. Mr. Murray stated that it is a great idea to have the lessee do the construction. He asked what the Golf Professional, Bob Sanderson, does in the “off season”? Mr. Agnew stated that Golf Course closes at Christmas. After that time, Mr. Sanderson orders supplies, merchandise and hires employees for the upcoming season. He actually takes off approximately two months prior to the Golf Course opening because he works 90 hours per week during the season. Discussion continued on the Golf Course trying to “break even” until the bond is paid off.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT
61 Golf Course Enterprise for $1,258,845. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

64 Sewer Enterprise Fund

Mr. Robert Rowland, Supervisor of the Sewer Division, was present at tonight’s meeting. Mr. Agnew stated that the major increase in this budget is $20,000 under Personal Services. He made cuts in Line 5211 Electricity ($5,000), Line 5213 Natural Gas ($4,000), Line 5271 Equipment Rentals ($19,000) and Line 5501 Chemical & Lab Supplies ($13,000). The difference between the Department request and Mr. Agnew’s recommendation is approximately $41,000. Mr. Reidy noted that Line 5960 Indirect Costs has increased. Ms. Gallagher spoke of Town sewer used by the all the Town buildings (and some of the Schools) and offsetting this against Indirect Costs. The same system is used with the Water Enterprise Fund. Mr. Pollard asked why overtime costs are attributed to specific individuals in the Department? Mr. Agnew stated that there are certain employees that know a specific job. Overtime has to be charged against a specific position. Mr. Pollard asked why it is done in this Department and not for the Police and Fire Departments? Mr. Rowland stated that it is assigned according to union contract. Mr. Agnew stated that if a Department does not have enough manpower to cover a situation, more personnel would have to be added. It is cheaper to pay overtime. Mr. Pollard asked about the big increase under Line 5211 Electricity? Mr. Rowland stated that when the Plant expanded, the number of pump stations increased and this increased electricity use. Mr. Pollard asked about Line 5271 Equipment Rental? Mr. Rowland stated that this covers the transportation and disposal of sludge. Mr. Reidy asked for clarification on the “changeover of the computer system”. Mr. Rowland stated that there are two computers and everything will be covered at all times. Mr. Murray noted that

this is a $2.7 million budget with a debt total of $1.7 million. He asked about the Town’s commitment to continue with the I & I (Inflow & Infiltration) Program? Is this program
really working? Mr. Agnew stated that I & I would not be funded next year. Mr. Murray
stated that he is not criticizing this Department, but when he plotted the total monthly
flow and the rainfall on a graph – the sewer amount goes up when it rains. There is a real problem here – the numbers are quite big. Mr. Murray wants to make certain that the Town is not “throwing good money after bad”. Mr. Norton concurred and stated that it is very noticeable that the total monthly flow is in direct correlation to the rainfall (with the exception of the fall of 2005 when the flow went much higher). Mr. Murray asked that Mr. Rowland not take offense to his comments. Mr. Agnew stated that every Town has a problem with their I & I. Permits are dependent on I & I. Mr. Norton is uncertain that Scituate can simply stop doing the I & I work due the permitting aspect. Mr. Pollard stated that Mr. Antoniello, Director of the Department of Public Works, told him that “when the entire loop is done – it should pay off”. Discussion continued on “gray water technology”. Mr. Jeff Rosen, Water Resource Committee Chairman, spoke about a foundation on the West Coast that is moving forward on a national level on this idea. Mr. Murray charged the Water Resource Committee with looking at not only the “front end” of water issues, but the “back end”, as well. Discussion continued on the best ways in which to get homeowners to conserve water.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT
64 Sewer Enterprise Fund for $2,727,282. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

65 Water Enterprise Fund

Mr. Agnew stated that he reduced the Department request for this budget by approximately $52,000. Mr. Pollard asked if Marshfield’s water rates for Humarock water increased substantially this year? Mr. Agnew stated that a 50% increase was not budgeted for FY2007 and Marshfield agreed that Scituate would not have to pay it until FY2008. Everyone agreed that Humarock residents would not be charged a higher rate for water than Scituate residents. Mr. Reidy asked if Marshfield charges their own residents the same rate as they charge Humarock residents? Mr. Babin, Supervisor of the Water Division, stated that Marshfield charges Scituate based on a commercial rate. It is a higher rate than what we charge our residents. Mr. Harris asked how many licensed employees this Department employs? Mr. Babin answered that there are four, licensed employees in two, different areas. Mr. Babin holds the highest possible license in both areas. He stated that licensed Water Department employees are in the process of getting additional licenses. Mr. Murray asked if the Town covers the training costs for employees to obtain these licenses? Mr. Babin answered “yes”. Mr. Pollard asked about the decrease in Line 5271 Equipment Rentals? Mr. Babin stated that they had rented a billing stuffing machine the previous year. The previous year there was also a major water main break at Thanksgiving when an outside contractor had to be called in. Mr. Pollard asked about the billing program? Mr. Babin stated that the data is now
electronically transmitted and the company prints, stuffs and mails the bills. Mr. Pollard asked about the increase in Line 5501 Chemical & Lab Supplies. Mr. Babin stated the chemical quantities are the same, but the cost of transporting chemicals has gone up
dramatically. Mr. Pollard asked why the Debt Total “looks so good”? Ms. Gallagher stated that much of the debt has been “retired”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT
65 Water Enterprise Fund for $1,956,833. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

66 Waterways Enterprise Fund

Harbormaster Mark Patterson and Mr. Howie Kreutzberg, Chairman of the Waterways Commission, were present at tonight’s meeting. The Harbormaster distributed a handout outlining some larger projects (Jericho Road Boat Ramp and the South River Dredge project). The Waterways Commission and the Harbormaster have met with Representative Hynes and Senator Hedlund regarding these projects on two occasions. The Jericho Boat ramp renovation will be coordinated and paid for by the Federal government under the Department of the US Department of Fish and Game. It is necessary for public access and the project will begin in the next two to three years. A disposal site has been decided upon for the South River Dredge spoils and mobilization for this project is supposed to begin tomorrow. The Waterways Enterprise Fund and the State will fund the dredge project. The Scituate Marine Park Committee has been working on the design and permitting phases of the boat yard and open space areas. The Harbor’s infrastructure is being examined in terms of what we actually have in the Harbor (i.e. Town Pier, etc.) and how improvements can be made. The No Discharge Zone project is moving forward with improvements to the Harbor’s water quality being the ultimate goal. Hopefully, the No Discharge Zone will be “in place” by the 2008 boating season.

Harbormaster Patterson stated that only small changes have been made to the Waterways Enterprise Fund operating budget. The Department is trying to do many projects “in house” in an attempt to decrease outsourcing. Many of the current personnel have existing skills, ie. carpentry, diving, etc. The Department is asking for a $5 per hour raise for these employees under Line 5190 Seasonal Salaries. Mr. Murray noted $115,000 for a 19’ patrol boat under the Capital Plan. Harbormaster Patterson recently met with the Capital Planning Committee and this amount has been reduced to $85,000 for a comparable boat. Mr. Reidy asked if some items could be taken off the old boat and used on the new boat? Harbormaster Patterson answered “yes”, but they will try to get the most they can from a “trade in”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT

66 Waterways Enterprise Fund for $946,269. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

8. DISCUSSION/ VOTE/ Purchase & Sign Purchase & Sale/ Litchfield Property

Mr. Agnew stated that Town Counsel had finally worked out all the “kinks” with this sale. Mr. Murray understands that this sale was contingent upon the Conservation Restriction. It appears that the Maxwell Trust (seller) and the Town of Cohasset have worked everything out. Mr. Norton asked if the Town of Cohasset would be contributing $100,000 to sale at the closing? Mr. Agnew answered “yes”.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to PURCHASE the Litchfield Property and to EXECUTE all original Purchase and Sale documents. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

9. DISCUSSION/ VOTE/ Sewer & Water Approval Policy/ Board of Selectmen

Mr. Murray stated that the Selectmen have raised the issue of putting certain procedures “in place” for developers coming forward with new building projects. The developers should come before the Selectmen in terms of sewer and water usage for these new project. As it currently stands, developers usually come to the Selectmen after they have gone through a review process with other Departments and Boards, Committees or Commissions. The fact that all the other groups have “weighed in” tends to put “undue pressure” on the Selectmen. Mr. Murray drafted a policy that would address this situation. The Draft Policy was read by Mr. Murray (attached). He believes this policy will assist applicants in the long run and will require that the results of an applicant’s hearing (before the Selectmen) be recorded on paper and shared with other review groups. If by chance, a developer goes before another group first, the group could keep the hearing open and give the developer time to go before the Sewer and Water Commissioners (Selectmen). He further reminded that this would be a policy; it is not a By-Law. Mr. Reidy thanked Mr. Murray for his work on the policy. He asked about the line in paragraph three that states “…..to the Sewer and Water Commissioners prior to the submittal, the town board, commission or committee shall reject or continue the hearing”. Can the Selectmen do this in terms of a group like the Conservation Commission? Mr. Agnew believes the Conservation Commission can continue a hearing with the applicant’s approval. Mr. Murray believes the group reviewing the project could reject it with the explanation that the applicant did not follow the policy’s procedure. Mr. Reidy is concerned that the Selectmen may be placing themselves in a “legal glitch” if we take away the right to approve an application.

Mr. Agnew asked for clarification in Paragraph One of the draft policy. If a vacant lot has a sewer main running in front of it - it does not require Planning Board approval to tie in. Do you expect every single-family home applicant to come before the Selectmen?

Discussion continued on what is and what is not allowed for tying into sewer. Accessory dwellings were also discussed. Mr. Pollard reminded that this draft policy is still in the beginning stages. He believes it will be interesting to see what the various departments have to say about it. Mr. Agnew suggested that the policy could state that single-family homes or accessory dwellings are excluded from the policy. It could also be based on a certain amount of gallon use per day. Mr. Murray would like to send the draft policy along to the Planning Board, Zoning Board of Appeals and the Town Administrator for their comments. He further stated that he would like to the Board’s support for the policy this evening, pending future revisions.

Mr. Pollard made a MOTION that the Board of Selectmen SUPPORT the Sewer & Water Policy, in principle, and with the understanding there may be future amendments. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Murray asked that comments on the draft policy be received by January 20th in anticipation of the January 30, 2007 Selectmen’s meeting.

10. ACCEPT RESIGNATION/ Board of Health

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Mark Robinson from the Board of Health and further that the Board thank Mr. Robinson for his many years of dedicated service to the Board of Health and the Town of Scituate. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

The press was asked to announce the vacancy on the Board of Health. Applications are available from the Selectmen’s Office.

Mr. Murray stated that the Selectmen would be making appointments to the new Historical Commission in late January or early February. Applicants should submit their letters of interest to the Selectmen’s Office as soon as possible.

11. VOTE/ ANNUAL LICENSE RENEWALS

Mr. Harris made a MOTION that the Board of Selectmen VOTE to RENEW the following Septage Disposal Licenses for the 2007 Licensing Year: C.J. Robinson and R. Roderiques & Sons, Inc.. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

12. VOTE/ DRAINLAYER LICENSE RENEWALS/ 2007

Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the following Drainlayer Licenses: All Town, Inc., Joe Bonomi Contracting, Inc., Cobra Enterprises, Iaria Brothers, Inc., Leahy Enterprises, McDougal Brothers, McEachern Contracting, Rorke Enterprises, Rosano Davis, Inc., William Sestito,
P. F. Spencer, Jr., Inc., Spirito Environmental Services, Totman Enterprises for 2007. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

13. OTHER BUSINESS

Mr. Norton has noticed that there is only one, lit streetlight the entire length of Hollett Street. This is a dark street and needs street lights.

Mr. Norton stated that the blinking red light on Stockbridge Road (near the Bridge) at the three-way stop is currently not a problem, but he anticipates one when the railroad parking lot is open. When hundreds of cars are exiting the parking lot at one time – how will this arrangement work? Mr. Bangert agreed that there is currently a three way stop at this location. The light is “additional”. Mr. Norton again stated that he believes there will be a traffic congestion problem at this location. Mr. Bangert stated that the Traffic Rules and Regulations Committee suggested regular signalization at this location.

Mr. Norton expressed concern about the MBTA assessment to the Town once the train has returned. He believes Scituate may be assessed a much higher amount based on the number of train parking spaces. Mr. Agnew knows from the bond issue that the MBTA cannot set a higher assessment for Scituate due to new train service. Mr. Reidy stated that Representative Hynes stated that the current assessment was a five year plan and would be re-evaluated in 2008 or 2009.

Mr. Harris asked when the next hazardous waste collection would be? Mr. Agnew stated that the Town sponsored a collection last year and there is another one planned for this spring. South Shore Coalition handles the bid process for the collection for the Town. Mr. Reidy noted that Ms. Jennifer Sullivan, Director of Public Health, recommended that an amount for the collection be placed in her budget. Her concern is that residents will simply throw away household hazardous waste if there is no specified collection day.

Mr. Murray brought up a quote attributed to Mr. Kalishes, Conservation Agent, that was recently in the newspaper. It referenced the necessary approval of the Driftway Park/ Community Preservation Act proposal or facing the risk of losing the $245,000 in fines levied by the State on the MBTA’s contractor. Mr. Murray cited Mr. Reidy’s recent memorandum asking for various committees, boards, commissions and councils not to discuss where these funds ($245,000) would be going. Discussion continued on a potential conflict of interest between Mr. Kalishes and the proposed Chapter 40B project (Herring Brook Meadow). He believes Mr. Clark and Mr. Stewart, members of the Conservation Commission, can go before the Community Preservation Act Committee to discuss the Driftway Park proposal, but that Mr. Kalishes, as a Town employee, should not.

Mr. Murray noted the Board’s receipt of considerable correspondence regarding the Conservation Commission’s recent hearing on Mr. Stewart’s (Conservation Commission member) project on Collier Road. Mr. Paul Barrett, third cliff resident, sent a letter complaining about the hearing. The hearing was chaired by Mr. Ken Conway. Mr.
Conway closed the hearing and made the statement that “it will probably end up in court anyway”. Mr. Murray “applauds” the Commission’s effort in getting matters resolved, but he feels that this particular hearing may have been closed prematurely due the large amount of new information being submitted. Discussion continued on the definition of “coastal bank” and how some new information might still be submitted by the neighbors. Mr. Murray stated that Mr. Kalishes has said that the hearing is closed, no questions may be asked and there will be no further discussion on this matter. Mr. Murray is “greatly bothered that residents cannot ask on what basis a decision is being made by a Committee/Commission”. The residents want to know if the new information can be considered when the Commission makes their decision. Mr. Barrett is looking to the Selectmen to get an answer on this question. Mr. Reidy stated that he spoke with Attorney Ohrenberger, representing the applicant, about this matter last week. Attorney Ohrenberger said that they would be willing to have a recent engineer’s report entered into the record of the hearing. Attorney Ohrenberger’s perspective on this is that his client’s engineer prepared a large and comprehensive package on this subject and it is substantial enough to stand up against the other engineer’s brief input on this matter. Mr. Agnew reminded that there is an absolute policy regarding public hearings that when a hearing is closed, no additional information will be heard. Mr. Norton suggested that Mr. Murray draft a letter to the Conservation Commission requesting that they take these materials under advisement. The Commission can then say “yes or no”. Mr. Murray understands that the hearing cannot be re-opened. He believes that this hearing was unusual in that neither the Chairman or Vice Chairman of the Conservation Commission were present.

Mr. Reidy noted an asphalt problem on Tilden Road (McCreedy house). Mr. Paul Scott will look into it.

14. CORRESPONDENCE

Mr. Murray read three letters thanking the Scituate Fire Department for their services.

15. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of January 20, 2006. SECONDED by Mr. Norton. No discussion. Norton, Harris, Reidy and Pollard voted in favor of the motion. Mr. Murray did not vote. The vote carries 4-0-1.

16. ADJOURNMENT

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 9:20 PM. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

Paul T. Reidy, Chairman

Shawn Harris

Richard W. Murray

Joseph P. Norton

James E. Pollard

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant