BOARD OF SELECTMEN

JANUARY 30, 2007

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

Richard H. Agnew, Town Administrator

1. The meeting was called to order at 6:30 PM.

2. ACCEPTANCE OF AGENDA

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for January 30, 2007. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

3. MEET HISTORIC COMMISSION APPLICANTS

Mr. Reidy thanked the applicants for attending tonight’s meeting. He explained that meeting the applicants affords the Selectmen the opportunity to “put a name with a face”.

Jim Roman, 10 Ann Vinal Road, has lived in Scituate for two years. He initially got involved in assisting Bob Corbin in the creation of a Historic Commission. He is very interested in Scituate’s history and it is one of the reasons he bought a 223 year old home in Town. He would like to commit his time to the Commission. Mr. Reidy liked the quote attributed to Martin Luther King in Mr. Roman’s application: “ The time is always ripe to do what is right”.

J. Peter Konkle, 251 First Parish Road, has lived in Scituate since 1994. He was originally attracted to the Town due to its historical nature and by the schools. He would like to donate his time to the Commission to “repay a debt of a wonderful place to live and raise my daughter”. He is aware of the sensitive issue of the Town having both a Historical Society and a Historic Commission. He believes the Commission will be an “integral support system to other Town bodies and commissions”. He believes the skills and values he could bring to the Commission would be in the best interest of the Town. Mr. Murray noted that Mr. Konkle is a certified mediator and specializes in dispute resolution - excellent qualifications. Discussion continued on Mr. Konkle’s expertise in negotiating.

Peter Leavitt, 33 Jackson Road, is a member of the Historical Society and has a fundamental interest in the historic preservation of the Town. He had “serious reservations” about the formation of a Historic Commission and voiced them at the time the Commission was passed at Town Meeting. The Society has “reservations”, but understands the need to work with the Commission and “make certain that it works”. The Society has asked Mr. Leavitt to serve on the Commission as one of its two representatives. Mr. Leavitt stated that he serves as the Society’s member on the Community Preservation Act Committee, as well. He further stated that “serious preservation and protecting basic property rights is a difficult balance”. Mr. Pollard asked Mr. Leavitt if he had a preference of a specific length of term on the Commission? Mr. Leavitt stated that he would prefer a shorter term. Mr. Murray found Mr. Leavitt to be very helpful during preliminary discussions between the Society and Commission proponents. He was really helpful in “getting it done”.

Bob Corbin, 77 Cedar Street, “kicked off the idea of a Commission last winter”. He is an active, lifetime member of the Historical Society. Mr. Reidy and Mr. Murray noted that they had met with Mr. Corbin on a number of occasions and that he has been very involved in the creation of the Commission from the start.

Harvey Gates, 28 Longmeadow Road, stated that when he went to Town Meeting to vote on the Commission he felt quite neutral about the topic. He did end up voting in favor of the Commission. He cannot offer any expertise on architecture, but does have the ability to listen to both sides of an issue. He was a past member of the School Committee for six years and knows how to mediate. Mr. Norton stated that he had known Mr. Gates for a long time and acknowledged his commitment to the School Committee. Mr. Pollard commended Mr. Gates on his desire to help the Town.

Tom Clark, 272 First Parish Road, stated that his home was built in the 1600’s and he would like to be able to preserve it for generations to come. He acknowledged the scope of candidates this evening and called it a “wonderful group”. Mr. Clark stated that “it is important to step forward to protect the fabric of our Town.” He acknowledged that the formation of the Commission is a “big step” for the Town. Mr. Clark stated that he set up the Library Foundation and would like to now serve on the Commission. He has taken architectural courses. He noted that he has also been involved with the Senior Center project. He has lived in Scituate since 1967 and his children and grandchildren have grown up here. Mr. Reidy told Mr. Clark that he enjoyed his resume. Mr. Norton stated that Mr. Clark has done an “amazing job” helping to raise a lot of money for the Library.

Nancy Antoniello, 34 Marion Road Extension, has lived in Scituate since 1985. She was very involved in Scituate’s 350th Anniversary celebration and has also been a member of the Historical Society. She has concentrated her efforts with the Society on the restoration and preservation of the Cudworth House, barn and pound. She initially felt unsure about the formation of a Commission, but the Memorandum of Understanding has restored her faith in the project. Ms. Antoniello would like to help the Society and the Commission to interact with each other. It should be a “collaborative effort”. Mr. Reidy noted how far the two groups had come with Mr. Murray “taking the lead”. Ms. Antoniello noted the all the good candidates present this evening.

Janet Cornacchio, 30 Pheasant Hill Drive, has lived in Scituate since 1985 and raised her child here. She was attracted to Scituate for its school system, the Congregational Church and the Arts Society. She has worked as a museum professional at the Forbes House Museum in Milton. She is familiar with architectural history, trained in preservation techniques, exhibits, etc. She has owned a home in the historic district of the Town of Orleans on Cape Cod, since 1983. “It does work and preserves what we are and where we need to be careful. We are dealing with an economy that promotes development. We need to move forward with more thought and care.”

Mr. Murray and Mr. Pollard noted the many, excellent candidates present this evening. Mr. Murray stated that if an applicant is not selected this evening they should take note that two of these appointments are one and two years, respectively. He also encouraged applicants not chosen to attend future Historic Commission meetings. Waterways Commission meetings are attended by non-voting members all the time and they are still an integral part of the discussions. He further stated that attending meetings, as a non-voting member, gives people a chance to be better prepared when they are appointed to a committee/commission in the future.

Doug Smith, 691 Country Way, thanked the Selectmen for the opportunity to interview for a position on the Commission. He noted the twelve, great applicants this evening. He stated that he was one of the lead proponents in establishing a Historic Commission. The work to establish the Commission was just first step in the process. He feels a great commitment and sense of responsibility to now see its success. He believes an assessment of historical structures in Town should be continued and the Commission should pursue grant funding. He understands that the Commission will have limited resources, but it “needs to be productive and effective with the money it has”. He also sees the Commission as assisting other Town boards. He would like the Commission to “develop a strategy and plan for preservation in the Town”. He suggests that the Memorandum of Understanding be “fully implemented”. “This is a big opportunity for the Town and I would like to be a part of that”. Mr. Murray thanked Mr. Smith and Mr. Corbin for all the work they have done to get the concept of the Commission to this point. Mr. Reidy asked Mr. Smith if he is a member of the Historical Society? Mr. Smith answered that he was a member of the Historical Society, but is no longer a member.

Michael Ryan, 24 Front Street, has lived in Scituate for nine years and owned real estate in Town since 1981. He has represented developers in front of many commissions and boards in Town. He understands the value of a Historic Commission. He was involved with the rehabilitation of the Colonial Theater from 1985-1987. He “understands the value of a pragmatic approach”. Living in the Harbor area, he knows that some “oversight is definitely needed”.

Mat Brown, 122 Tilden Road, currently lives in the historic Sam Tilden house and lived in the historic Reuben Mann house before that. He has lived in Scituate for 65 years and his ancestors for years before that. He was opposed to the idea of a Commission, initially. In some towns, where a Commission comes in, the town’s historical society fades away. He wants to make certain that the Commission and the Society work well together. He was impressed with the Memorandum of Understanding between the groups and he believes that a “person with some doubts” should be appointed to the Commission. Mr. Brown stated that he had recently been a member of the Charter Review Committee where he often disagreed with the other members, but the revised Charter ultimately turned out to be a success. He could bring this same energy to this Commission.

Mr. Reidy thanked all the applicants for attending tonight’s meeting. The resumes are very impressive. In an effort to be fair to all applicants, he will ask the two applicants who were unable to attend tonight’s meeting to attend a future Selectmen’s meeting. A decision will be made after that time.

7:00 PM/ REGULAR SESSION CALLED BACK TO ORDER/ WALK-INS

Walk-Ins – Norm Paley, Ely Avenue, stated that he would be sponsoring an article at the upcoming Town Meeting regarding a new site for a fire station. He invited the Selectmen to walk the property, located off Route 3A near the Rod and Gun Club, at 9:00 AM this Saturday. Mr. Harris asked how long Mr. Paley had known about this property? Mr. Paley answered “quite a while”.

5. 7:05 PM/ VOTE/ POLE PETITION #2006-163/ Gannett Road

Mr. Reidy recused himself from this Agenda item because a family member is a direct abutter. Aileen DeRoyce, Massachusetts Electric, was present at tonight’s meeting. Ms. DeRoyce stated that this petition pertains to the installation of underground conduit to private property located at #21 Gannett Road. The abutters are in favor of this installation.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #2006-163 for the installation of manhole and underground conduit on Gannett Road at its intersection with Ocean Avenue and in accordance with all conditions set by the Department of Public Works. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0) Mr. Reidy did not vote.

6. AWARD CONTRACT/ GAR Hall

Mr. David Ball and Mr. Peter Leavitt, Historical Society, were present at tonight’s meeting. Mr. Reidy noted “quite a discrepancy” in the bid numbers. Mr. Harris spoke with Mr. Green regarding his bid and he stands by his dollar amount and feels he can still make money. Mr. Pollard asked how much interior work would be done? Mr. Ball stated that this contract will substantially finish the interior of GAR Hall – specifically, the carpentry and finish work. The Historical Society will be paying for the electrical work and heating system for the Hall. Mr. Pollard asked how this project was advertised? Mr. Agnew answered that it was advertised in the Central Register. Mr. Reidy asked if contractors would be working under the same historical designations on this project as were outlined for the Lighthouse and Cudworth House projects? Mr. Gary Tondorf Dick stated that the historical designation aspect was in the advertisement. Mr. Green has done a lot of work for the Society over the years and the majority of it has been done on Lawson Tower. He is very skilled at this type of work and enjoys it very much. Mr. Leavitt noted that the restored GAR Hall will be a great place to hold meetings. The Hall holds up to 75 people. The Historical Society wants to make sure the building will be used by the community.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the GAR Hall interior restoration project to the low bidder, Green & Robinson, for $87,720. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

7. ANNOUNCEMENT/ Central Source of Information (CSI) group/ B. Lydon & S. Mohr

Ms. Barbara Lydon and Ms. Sharon Mohr, read the following mission statement for The Central Source of Information (CSI) group: “CSI is dedicated to timely and accurate communication between parents, teachers, school administration, school committee and the voting community of Scituate”. A newsletter announced CSI’s blog. Ms. Lydon thanked Mr. Pollard, the School Committee, the School Administration, Scituate senior citizens, Ms. Val Baker and Mr. Norm Paley. She also thanked everyone who has generously donated funds to cover the costs of getting this group “up and running” – SHORE, six School PTO’s, SEA and CORSE. Ms. Lydon stated that the newsletter and blog is “written by the community for the community”. Scituate students’ families will get copies of the newsletter, as will all Scituate preschools. Copies will also be available at the Library and Senior Center. Ms. Mohr gave the website/blog address as: www.csiscituate.org. Organizers will make certain that materials posted on the blog are “appropriate”. They feel that the blog will allow a two-way dialogue. School Committee minutes will be posted there in addition to other important information. They are interested in posting all sides of items being debated. Discussion continued on whether or not contributions to the blog should be anonymous or not and the position of the “blog moderator”. Ms. Lydon stated that the website is really designed to give the public as much general and meeting information as possible. She stated that they are hoping to have more volunteers help them with the blog. Mr. Reidy thanked Ms. Lydon and Ms. Mohr for attending tonight’s meeting.

11. DISCUSSION/ VOTE/ FY2008 BUDGETS & ARTICLES

310 South Shore Regional School

Mr. Jack Manning, South Shore Regional School representative, stated that he does not have a final number for the Town because the new Governor has not finalized the State budget. Scituate’s student enrollment has increased by 33% and our portion of the budget will go up by approximately the same percentage. The School’s overall budget will increase by approximately 8.7%. The State sets the formula. Mr. Reidy noted that at the recent Massachusetts Municipal Meeting, the regional schools spoke to the Governor about the formula. The Governor seems to know he needs to address this problem. Mr. Murray noted that Scituate will have forty-eight students attending the Regional School. This is a six-year high for Scituate. Is there an “obvious explanation or trend here”? Mr. Manning stated that historically, when the economy slows, Regional School enrollment increases. Mr. Pollard asked if 593 students is the maximum for the School? Mr. Manning answered “yes, we are bursting at the seams”. Mr. Norton recommended that everyone go and visit the Regional School to see the great work going on there. He thanked Mr. Manning and everyone involved with the students at the Regional School. Mr. Manning noted that the dais in the Selectmen’s Chambers was built by Regional School students. Mr. Norton agreed and noted that past Selectmen Gerry Dwight was instrumental in coordinating that effort. Mr. Manning stated that when he gets a “hard” number he will forward it to the Selectmen.

300 Schools

Mr. Mark Mason, Superintendent of Schools, Ms. Libby Michaud, Chairperson of the School Committee, Maura Curran, School Committee, and Paul Donlan, Director of Business and Finance, were present at tonight’s meeting. Ms. Michaud thanked the Selectmen for the opportunity to present the School budget this evening. She stated that it has been a good process with open communication between the School and Town sides. Mr. Mason noted the “high level of participation” between all the groups and the community over the past five years. He asked if the Selectmen had any questions regarding the budget? Mr. Norton stated that he had watched many of the School Committee’s budget sessions on cable television and understands the enormous amount of work that went into preparing this budget. He knows that the decisions made by the School Committee and the Administration were difficult ones.

Mr. Reidy stated that he had sat in on many of the School Committee budget hearings and believes it was a good working process. Hopefully the outcome will be what everyone intended. Mr. Pollard noted the $500,000 in the debt exclusion question for English/ Language Arts. Where will these funds be used? Mr. Mason stated that the Schools generated at five-year accountability plan two years ago. They still have three years to go and last year, due to economic constraints, they were unable to complete the
English/Language Arts portion. The hope is to put the $500,000 needed to roll out English/Language Arts and other portions of the curriculum accountability plan could go under Debt Exclusion, which would cover this plan for the next three years. This curriculum accountability plan “frames all our actions – we need to maintain this”. Mr. Donlan stated that Mr. Peter Frazier, financial advisor from First Southwest, agrees that this request can be placed under the Debt Exclusion. Mr. Murray supports the fact that the curriculum level must kept up and the School should continue developing a core curriculum. Ms. Michaud distributed a fact sheet comparing Scituate’s ranking with other South Shore communities. Mr. Harris noted how helpful the School Department had been in answering all his questions. Mr. Reidy stated that he has a family member that is employed by the School Department and will not vote on the School operational budget. He can, however, vote on the Debt Exclusion question.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT the School budget for $27,006,187. SECONDED by Mr. Murray. No discussion. Mr. Norton, Mr. Murray, Mr. Harris and Mr. Pollard voted in favor of the motion. Mr. Reidy did not vote. The motion carries. (4-0)

Article 32 – Change of Date of ATM to First Saturday in April

Ms. Lisa Fenton, Vice Chairman of the Advisory Committee, stated that her Committee is in favor of changing the date of the Annual Town Meeting to the first Saturday in April. The major factor supporting this change is that information, on a variety of subjects, is not received in time to review for the early March Annual Town Meeting. Scituate has the earliest Town Meeting of all the neighboring towns. State estimates are not available and overall, it makes it a difficult process for those preparing and reviewing the budgets. The thought is that a date closer to April 1st will allow the Advisory Committee time to better prepare for the budget process. Mr. Norton stated that “it is remarkable that we have been able to do so well over the years – truly a credit to our Town Managers”. He believes it is a good idea to move the meeting to April. Originally, when the Annual Town Meeting was held in April, it was changed to March because of conflicts with spring sporting events. Ms. Fenton stated that it is more important that the Town be fiscally responsible and will be able to do so by changing to a later date. Mr. Agnew reminded that this would be a by-law change, not a change to the Town Charter.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 32 – Change of Date of ATM to First Saturday in April. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

8. VOTE/ Acceptance of Lane off Winslow Avenue/ Conservation Commission

Mr. Agnew stated that this land was offered as a gift to the Town. The Conservation Commission is interested in the property. The Board would need to accept the land on the Town’s behalf. Mr. Murray wanted to know if this was the best “pathway” for the acceptance of this land. He wants to make certain that it should not be under the name of the Town with a conservation restriction. Mr. Agnew stated that he had distributed the information on the land to a number of departments and Conservation was the only group interested in it.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT two (2) parcels of land off Winslow Avenue (per the attached deed) to be placed in the care and custody of the Conservation Commission. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

9. DISCUSSION/ VOTE/ Six Country Way/ Apartments/ Sewer & Water/ J. Hallin

Mr. John Hallin was present at tonight’s meeting. Mr. Hallin stated that 6 Country Way is located in the new business overlay district in Greenbush. He would like to propose a higher density use for the property, which would be twelve apartments. The property is currently on Town sewer and has a single-family house and a shop. He plans to go forward to the Planning Board with this proposal, but would like some direction from the Selectmen first. Mr. Reidy asked about the acreage involved and whether this proposal should be coming to the Selectmen first? Mr. Hallin stated that the property is 40,000 square feet and that it is in the water resource protection district, as well. Mr. Murray thanked Mr. Hallin for coming to the Selectmen first and stated that this will allow the Board to get their questions answered, let other boards “weigh-in” and then the Selectmen can look at it again when the process gets into its final stages. Mr. Murray asked about the amount of flow needed for twelve apartments. Mr. Hallin answered that there will be eighteen bedrooms, which equals approximately four and one half homes. Mr. Murray asked whether Mr. Hallin is considering a septic plan or sewer for the apartments? Mr. Hallin stated that since the property is in the water resource protection district – he is trying to get direction from the Town. A perc test was done on the property. 85% of the parking would be placed in back of the building – not on the street side. Mr. Norton would like to see the figures for the current flow versus the proposed flow. He further stated that he would be consistent with the way he has voted in the past. He would much prefer that four to five existing homes that have waited for sewer for twenty years be allowed to tie-in before units of new construction. This use appears to be a substantial increase. Mr. Hallin stated that he understands this concern and “could go to sewer or septic”. Mr. Reidy would like to forward this proposal to the Water Resources Committee for their opinion. This is a difficult spot because of its proximity of the aquifer. The TOD grant may enter into the mix here, too.

Mr. Pollard understands that the Selectmen are trying to preserve sewer for those who have been waiting a long time for it, but Mr. Hallin already has two buildings connected to sewer on this property. He is not certain the Selectmen can tell Mr. Hallin that he cannot tie into sewer. It does not make sense to install a septic system here when the property is in a sewer priority district. Mr. Harris asked if this property would be considered at “Form A”? Mr. Agnew answered no. All concurred that it would be a good idea to ask for an opinion from the Water Resources Committee prior to Mr. Hallin going before the Planning Board. Mr. Murray thanked Mr. Hallin for attending tonight’s meeting and stated that the Selectmen would send a summary of this discussion to other Boards and Committees. When Mr. Hallin’s plans are finalized, he should return to the Selectmen in terms of water and sewer needs for the property. Mr. Agnew noted that Mr. Hallin would not want to get a septic design done if he is eventually told to tie into Town sewer. Mr. Reidy expressed concern that Mr. Hallin would expect an answer from the Selectmen this evening. Mr. Hallin understood that he would not get an answer tonight.

10. UPDATE/ Scituate Marine Park Committee

Mr. Howie Kreutzberg, Chairman of the Waterways Commission, Mr. Jim Casey, Chairman of the Scituate Marine Park Committee, Peter Morin, Vice Chairman of the Scituate Marine Park Committee, Mr. Mark Patterson, Harbormaster, and Mr. Carlos Penya, CLE Engineering, were present at tonight’s meeting. Mr. Penya gave a presentation on the plans and permitting for the Park. (outline of presentation is attached to these minutes) Mr. Norton asked if when this portion of the plan is complete, will additional work be implemented at the Park? Mr. Penya stated that they expect this plan will be able to be completed by the fall of 2008 – “nothing additional will be required”. Mr. Casey agreed and added that the plan is to have the Park fully operational with programs in place. Mr. Penya stated that the plan was designed so it would not interfere with the boating season. Mr. Reidy asked Mr. Penya to explain the rationale behind moving the commercial area away from the recreational area. Mr. Penya gave those assembled a Power Point presentation on the project. He explained that the commercial and recreational functions for the most part would be kept separate in an effort not to overlap either group. Mr. Harris asked about the number of cubic yards needed to raise the grade up from its present level? Mr. Penya stated that fill will bring the level up three feet. Mr. Harris asked “what would be the harm in going up fourteen feet”? Mr. Penya stated that drainage could become a problem at that level in relation to the existing roadway. Mr. Harris asked about a time frame for the Marina “build-out” at this location? No direct answer was recorded. Mr. Penya spoke about it making “sense to occupy a certain part of the parcel at a certain time – to be in sync with the boating season”. Mr. Reidy asked if stored boats would still be placed in the parking area after the plan is complete? Mr. Penya stated that part of the parking area would still be needed for boat storage. Mr. Patterson spoke about the grant money and the fact that the Seaport Advisory Council and the Town of Scituate will be seeking additional funding. The Town has received a lot of positive feedback from the Seaport Advisory Council.

Mr. Murray stated that the boatyard lease process is being worked on and it is hoped that a draft “request for proposals” will be in place prior to the summer of 2007. One issue being examined is having the operator bear the cost of constructing his/her own building on the site and paying for a boat travel lift. Mr. Norton noted that when the Town purchased the property the intent was to keep it a maritime facility. This proposal indicates that the intent will be fulfilled very nicely. Mr. Pollard noted a very nice brochure created by the Harbormaster’s office. Mr. Reidy thanked everyone involved with this project for attending tonight’s meeting.

11. DISCUSSION/ VOTE/ FY2008 BUDGETS & ARTICLES – continued

Article 28 – Revise Town Clerk Fee Structure

Ms. Bernice Brown, Town Clerk, was present at tonight’s meeting. Ms. Brown explained that approval of this Article, under MGL Chapter 40 Section 22F, would take the Town Clerk’s fee structure out of the Town’s by-law and allow the Town Clerk to determine the fee. Scituate’s fees are low compared to other south shore towns. The fees have not be changed in ten years. Ms. Brown would prefer to revise the fee structure via this Article rather than bring all the individual fees to Town Meeting for a vote.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 28 – Revise Town Clerk Fee Structure. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 23 – Review of Scituate Zoning By-Laws

Mr. Donald Walter, Vice Chairman of the Planning Board, was present and explained that the Planning Board would like to transfer money from an old Town Meeting Article for the purpose of reviewing the Town’s Zoning By-Laws. The Planning Board believes the Zoning By-Laws need to be updated and “modernized”. The Planning Board is still in the process of discussing the parameters of this Article and would like to ask that the Selectmen postpone voting on it until a later date.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to POSTPONE voting on Article 23- Review of Scituate Zoning By-Laws until a future date. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 24 - Property Revaluation

This Article would transfer $75,000 from Overlay Surplus for the purpose of conducting the 2009 property revaluation. The Overlay Surplus is made up of monies from yearly overlays and is used for abatements and exemptions.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 24 – Property Revaluation. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Article 20 – Funds for Employee Group Health Insurance/ Unfunded Liability Study

$15,000 is needed to conduct a study of the Town’s unfunded health insurance liability. All Massachusetts cities and towns will have to complete this type of actuarial study. Mr. Norton stated that he had attended many meetings on this subject with treasurer/collectors of other towns. It must be done. Mr. Agnew noted that the study is not mandated by State or Federal law, but if it is not done, the Town will not be able to get a bond rating.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 20 – Funds for Employee Group Health Insurance/ Unfunded Liability Study. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Article 4 – Capital Plan

Marla Minier, Chairperson of the Capital Planning Committee, Bob McClelland, Frank DiCesare and Eric Penanhoat, members of the Capital Planning Committee, were present at tonight’s meeting. Ms. Minier stated that the Capital Plan is “lean” this year. The Committee reviewed the following Capital Plan Items:

1. Highway Improvement ($337,660) – This was kept to the exact amount that will be reimbursed by the State.
2. School Buildings (Wompatuck) ($150,000) – This is for some initial engineering plans for Wompatuck School. Originally $1.5 million was allotted for the work in FY2008, but this has been backed out for a year due to exterior building work that will be done this summer (2007). It will save the Town budget-wise this year and the work will be done next year. Mr. Pollard asked why this has been delayed a year. Mr. Reidy noted that the architect encountered some type of site problem. Mr. Paul Donlan, Director of Business and Finance for the Scituate Public Schools, stated that the School department has three projects that have to be done in FY2008. It seemed in the best interest to move this particular project off until the summer of 2008. Mr. Pollard asked if the Gates School repairs would be done
this summer? Mr. Donlan answered “yes” and noted that the Gates School project is two years behind schedule.
3. School Vehicles (1 bus, maintenance)($105,000) – Mr. Murray asked if these funds cover the replacement of a bus? Mr. Reidy answered “yes”, this is part of the replacement plan where the oldest bus is taken “off line”.
4. DPW Vehicles ($71,000) – Tom McBrien looked at the condition of existing vehicles and submitted helpful comments.
5. Seawalls (Oceanside) ($544,000) – This money will be borrowed and then reimbursed by the State.
6. Fire Station Renovations ($155,000) – replacement of boiler and emergency generator at Station 1, installation of diesel exhaust system at Stations 3 and 4.
7. Fire Department ($70,000) – Refurbishment of 1995 Rescue Pumper.
8. Police Computer System ($125,000) – This is Phase 2 of upgrading the program. Six laptops were added last year and six more laptops for the cruisers will be added this year. In addition, there will be an upgrade to the Department’s software.
9. Town Hall Repairs($93,772) – Mr. Reidy noted that this money will be transferred from old articles. Mr. Agnew stated that the money will be spent to renovate the restrooms, floors, entranceway and hallways.
10. Library Study/Repairs($100,000) – from the Stabilization Fund to do repairs, HVAC and bathrooms.
11. Water Department Vehicles($40,000) – Two pick-up trucks.
12. Dam Repairs($150,000) – On Country Way.
13. Sea Street/ Julian Street Water Mains – Water main work will “piggyback” on bridge repairs in this area.
14. Storm Water Flow Study($173,000) – half this money will be reimbursed by the State.
15. Sewer Department Equipment ($75,000) – for pick up truck and computer system upgrade.
16. Waterways Patrol Boat($85,000)
17. Marina Expansion($1,630,000) – This money will be borrowed for the implementation of the expansion plan for the Scituate Marine Park Marina and includes dredging, upgrade to the existing bulkhead, construction of a new float and replacement of the existing “bottom-anchor”system.

Ms. Minier noted that the bulk of money in the Capital Plan pertains either to enterprise funds or State reimbursement items. Mr. Agnew noted that the Capital Planning Committee tried to minimize the amount of borrowing. Additionally, some projects will be put off because it is not absolutely necessary to do those projects in the upcoming year. Mr. Reidy thanked the Committee for their work.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT the Article 4 – Capital Plan for $3,954,432. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

63 Transfer Station

Mr. Agnew stated that a number of options regarding the operation of the Transfer Station have been examined over the past five to six months. This review will continue and it includes the option of “curbside” trash pick up. The long-term cost of “curbside” pick up needs to be examined if the Town moves in that direction. “We would have to think of another use for the Transfer Station site – we could never go back.” In addition, the Town has a contract with SEAMASS at the Transfer Station and we must notify them by August 1st of the preceding year if there is going to be a change. Mr. Agnew stated that “as a precautionary measure, we will notify SEAMASS on August 1, 2007 that the Town may be breaking the contract. He further stated that there really is no room for further cuts in this budget. The effort is to make certain the operation is efficient and that proper revenues are collected. Mr. Agnew stated that there is no need for the Board to make any decisions on revenues or a possible increase in fees tonight. He recommends the following three actions: (1) recycle co-mingled refuse at a savings of $30,000+, (2) charge back $50,000 to general government for the handling of Town refuse from the municipal buildings and schools and (3) close the “Take or Leave It” area. Mr. Murray asked for an explanation on the recycling of the co-mingled refuse. Mr. Mike Breen, Supervisor, stated that the Town has paid $36,400 for 208 hauls of co-mingled refuse. A new company will pay us for our recycled paper and will haul the co-mingled for free if the Town stays at the same level of recycling.

Mr. Reidy stated that if the Department better manages the use of the scale at the Transfer Station, the numbers should come out correctly. This is not a matter of simply increasing fees. Mr. Agnew is not suggesting that the Board increase the Transfer Station sticker cost. The bag price may need to be increased. Mr. Norton asked if stickers will go on the outside of vehicles again this year? Mr. Agnew answered “yes, there were virtually no complaints and they are more easily visible”. Mr. Reidy suggested that sticker be placed in the same location on all cars so they can be more easily seen.

Mr. Pollard suggested the installation of security cameras that would be tied to computers in an effort to tighten up on infractions and improve efficiency. He suggested that one be placed on the guard shack, one in the recycling area and one in the “blue bag” area. Mr. Reidy concurred. Discussion continued on the volume of leaves and grass brought
into the Transfer Station in the fall and transferring it over to the Green Connection for free processing. It was noted that it is very expensive to have it dropped and then moved – it is better to process it at the Transfer Station. Mr. Agnew stated that this “green waste” used to be processed at the Transfer Station and it was more costly. He further stated that he, Mr. Norton and Mr. Murray were carefully examining the “green waste” operation. The Town is no longer considering moving this operation to the top of the covered landfill.

Mr. Pollard noted the decrease in Line 5271 equipment rentals. Mr. Breen stated that the decrease reflects the decrease in hauling co-mingled refuse. Mr. Agnew detailed this decrease per the following: $36,000 less for municipal solid waste, $9,000 less for bulky waste, $20,000 less for mixed paper and $5,000 less for scrap metal, televisions and computers. Discussion continued paper recycling. Mr. Harris stated that two companies had bid for the paper recycling. Mr. Reidy asked about the length of the contract. Mr. Agnew believes it is a three-year contract. Discussion continued on a newspaper article describing how Marshfield’s curbside pick-up seems to have created a drastic reduction in recycling.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT
63 – Transfer Station Enterprise Fund for $1,186,593. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

Article 22 – Senior Center Funding

Ms. Val Baker, Chairman of the Council on Aging, Mr. James Harmon, member of the Council on Aging, and Ms. Joan Wright, Director of Elder Services, were present at tonight’s meeting. Ms. Baker gave a summary of the effort to get a new senior center built. In 2004, $1.9 million was appropriated for the project. It will now cost more than that to get the Center built ($3.5 million) and the hope is that an override would help cover the cost of the project. In addition, in now appears the sole idea of a Senior Center “will not fly”. A more “broad thought” of a building in which both senior and community needs could be met has now been put forward. The Council on Aging would like to go forward with an article on the Town Meeting Warrant with this idea and a name for the building is needed. The Council suggests “Senior and Community Center”. Initial concern about a combined building was that the seniors would not have enough space. It is hoped that the seniors would be the “primary tenants” of the building. Perhaps some Town government offices could be housed in the building as well. Departments such as Recreation, the Veterans Agent and the Public Health Nurse would work well in such a setting. Mr. Norton believes the seniors would be the primary tenants of such a building – he has heard nothing to the contrary. Mr. Pollard stated that he supports the proposed name and that people will understand that it is primarily a Senior Center. It would be up to the Town Administrator as to what other departments might be situated in such a building. Mr. Murray noted that this Article does not address the eventual wording in the debt exclusion. Mr. Agnew expects new wording from bond counsel for the debt exclusion question.

Mr. Murray stated that he disagrees with some of the Selectmen on the name for the proposed building. He feels it is important to call the building a “Community Center” and he would like to see other town organizations formally worked into the plan. He would like to see it written down as to what groups would reside in the building and it would be important for those groups to be involved from the start and not to feel they are intruding on peoples’ spaces. He is in agreement that the majority of the space would be utilized by the seniors and that they should have their own, private space. He feels that the name “Community Center” says that “all are welcome here”. “I cannot support it otherwise.” Ms. Baker stated that Mr. Murray was entitled to his opinion, but people have been working on the Senior Center concept for the past nine years. This name change is asking the Council on Aging to make a “concession”. They are willing to acquiesce to the idea of a combination type of building because they want the Center so badly. The word “community” sounds like “young people doing things and the idea of a Community Center does not really seem to include them(seniors)”. Ms. Baker feels that both names should appear in the title. Mr. Murray “applauds” the nine years of commitment, but it has been “divisive” and there is the problem with the building being used for just one entity. He would feel the same way if a building were erected just for Recreation. He feels the title of the building to be “key”.

Mr. Pollard understands how hard the Council and others have worked on this project. “We have to work as a community to see what the other portion of the building will encompass. It will be two buildings in one.” Mr. Murray believes that Ms. Baker’s word “concession” sets a certain tone. “We are not looking for a video arcade for children.” Mr. Reidy understands the Council’s point on this. The Selectmen were there when the $1.9 million was voted and Ms. Kristen Gotter was “ecstatic”. The involvement has been enormous and a “concession has been made”. He understands the history. He believes everyone will understand the name “Senior and Community Center” and he is “thrilled that they (Council on Aging) have come to an agreement”.

Mr. Murray stated that he respects Mssrs. Reidy’s and Pollard’s points and understands what has preceded his tenure on the Board. He stated that he is not against what the Council wants, but would like to look at what the entire Town needs. Mr. Norm Paley asked about the sale of the current Senior Center on Brook Street. Mr. Reidy stated that the $3.5 million figure includes the sale of the current Center. Ms. Kate Granigan, member of the Council on Aging, stated that she is a geriatric social worker by profession. If the new building is called simply a “Community Center”, seniors will not use it. “Simply calling it a ‘Community Center’ negates a part of the community – the seniors.”

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 22 - Senior Center Funding with the name of the proposed building changed to “Senior and Community Center”. SECONDED by Mr. Harris. No discussion.
Unanimous vote. (5-0)

Article 27 – Parker Avenue Sewer Easement

Mr. Murray excused himself from voting on this Article because he is an abutter to Parker Avenue. Mr. Agnew stated Parker Avenue had been left off of the original list of easements for this area.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 27 – Parker Avenue Sewer Easement. SECONDED by Harris. No discussion. Unanimous vote. 4-0 (Norton, Harris, Murray and Pollard voted.
Mr. Murray did not vote)

Article 17 – Collective Bargaining Agreements

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

Article 29 – General By-Law Change re: Section 20410

Mr. Agnew stated that this is a “housekeeping” By-Law change and changes the appointment of the Treasurer/Collector from an “indefinite term” to a three-year term.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 29. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

12. Discussion/ Water & Sewer Policy – postponed

13. VOTE/ Drainlayer License Renewals (2)

Mr. Harris made a MOTION that the Board of Selectmen VOTE to RENEW Drainlayer Licenses for Diaz Construction, Brockton, MA and Site & Utility Services, Greenbush, MA. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

14. APPOINTMENTS – postponed

15. OTHER BUSINESS

Mr. Reidy referenced a letter from Ms. Gigi Mirarchi of Representative Frank Hynes office which states that Scituate’s MBTA assessment will increase by $3,000 next year. According to the “forward funding” law, the coming of the train will have no effect on the assessment. Mr. Norton stated that he was very glad that the Town’s assessment will not increase dramatically.

Owners of the Nautical Mile restaurant and Mad Fish restaurant will be invited to the February 13, 2007 Selectmen’s meeting for an update.

Discussion about sewer for Rosa’s Lane. Filings must be made with DEP and the EPA. Mr. Agnew will direct Mr. Steve Pedersen, Weston & Sampson, to move forward on this project.

Mr. Bangert spoke about the reconfiguration of Captain Pierce Road (at the MBTA’s expense) to accommodate school buses and general traffic. Plans for the Route 3A roundabout should be available next week. Mr. Bangert stated that “the plan itself has not been the ‘hold up’. Where the traffic flow will be re-routed during construction has been the problem”.

Mr. Murray asked about the status of the proposed Hatherly Road fire station. What will the exterior of the building look like? Mr. Agnew stated that no additional design work has been done. The intent is to make the building look like it belongs in the neighborhood. The design will ultimately go to the Design Review Committee.

Applications have been received for the position of Town Counsel.

Mr. Murray stated that the Selectmen have been asked to work with the Conservation Commission on the plan for the Driftway Boat Ramp blocks and parking area. Conservation is looking into removing the blocks. Mr. Murray suggests the Selectmen follow up on this in mid-February in order to proactive.

Mr. Murray stated that he had good conversation with Michael Clark, Conservation Commission, regarding offsite mitigation. He believes it would be beneficial to discuss this topic with members of several major boards in the effort to reach a consensus on this topic.

Ms. Lisa Fenton, Advisory Committee, spoke about a Town Hall wide computer system that would track permitting and planning documents in one, central data system accessible by all departments. She noted that this type of system is relatively low in cost.

Mr. Reidy stated that the Mayor of Northampton recently spoke at the Massachusetts Municipal Conference about the escalation of health insurance costs and the possibility of cities and towns joining the State’s plan in an effort to cut costs. Mr. Agnew will do some research on whether the Town would actually save money. There may be some problems regarding percentages going up at the time of retirement.

Mr. Bangert stated that he has obtained some additional data from residents regarding the running of late trains. He polled the 120 residents on his “MBTA e-mail list” and got back a 50% response. 60% said “no” and 40% said “yes”. The “no” were “adamantly against late trains”. The “yes” people were “laid back on the subject”.

Mr. Bangert stated that he would attend the MBTA’s “Golden Spike” ceremony in the near future.

16. CORRESPONDENCE – None

17. MINUTES

Mr. Murray made a MOTION that the Board of Selectmen VOTE to AMEND the Minutes of January 23, 2007 to include on Page 2 – the dollar amount in the second to last line of the Paragraph 1 ($600,000) and on Page 4, Paragraph 2, Lines 2 and 3 “Town of Norwell” should be included. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

18. ADJOURNMENT

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 10:10 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