BOARD OF SELECTMEN

FEBRUARY 6, 2007

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

Richard H. Agnew, Town Administrator

Press: Scituate Mariner, Patriot Ledger

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

2. ACCEPTANCE OF AGENDA

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for February 6, 2007. SECONDED by Mr. Murray. Unanimous vote. (4-0)

Mr. Harris entered the meeting at 6:35 PM.

3. MEET HISTORICAL COMMISSION & BOARD OF HEALTH APPLICANTS

Historical Commission applicants

Fran White, 8 Brown Road – Ms. White has been a Scituate resident since 1985 and owns Abby Road Limousine. She has been president of her neighborhood association. Ms. White was involved with Dorchester’s Historical Society, which she found very rewarding. She recently retired and finds that she has the time to give back to the Town. Ms. White stated that she has great respect for Scituate’s Historical Society and would like to be a part of the “inaugural” Historical Commission group. She noted a February 11th meeting to be sponsored by the Marshfield Historical Commission that could be of great interest to Scituate’s Historical Commission. She “appreciates tonight’s competition” and knows there are many qualified applicants that have come forward. She thanked the Board of their consideration. Mr. Pollard acknowledged that the Selectmen had been invited to the meeting in Marshfield on February 11th.

Arthur Beale, 151 Bulrush Farm Road – Mr. Reidy thanked Mr. Beale for submitting his
excellent resume to the Board. Mr. Beale stated that his usual resume was twenty-eight
pages long – “this is the short version”! Mr. Beale stated that he has owned property in
Scituate for forty years and has resided here for the past thirty-five years. His
employment encompassed twenty years at Harvard University and twenty years at the
Museum of Fine Arts. He originally divided his time between Scituate and Boston, but he is now retired and would like to “give back to Scituate”. He is a member of the
Historical Society and has worked with the Massachusetts Historic Commission for most
of his career. He believes that Commission to be an “enormous resource”. He has been involved in compiling lists of valuable historic resources for a number of communities. Mr. Reidy commented on Mr. Beale’s work with presidents Regan and Clinton. Mr. Beale stated that he had been to the White House on a number of occasions. He is “universally interested in the arts”. He noted that there is a lot of money available from the Federal Government for the care of local buildings. He noted the “many worthwhile structures and collections” in Scituate. Discussion continued on Mr. Beale’s work regarding the effects of acid rain and his work with then Governor Dukakis.

Board of Health applicant

Michael Vazza, 26 Marion Road Extension – Mr. Vazza had been a full time resident of Scituate for twenty-five years. His wife is a registered nurse and substitute teacher and they have three children in the Scituate Public Schools. He is currently a property manager for residential and small, commercial properties. He has “presented” in front of a number of Town boards and is familiar with Title 5 issues. Mr. Harris has known Mr. Vazza for twenty years as a personal friend and he believes that on a professional level, he would be an asset to the Board of Health. Mr. Pollard asked why Mr. Vazza wants to serve on the Board of Health? Mr. Vazza stated that he was aware that there were openings on both the Board of Health and the Zoning Board of Appeals and he wanted to give something back to the community. It seemed that the Zoning Board of Appeals wanted an attorney and he thought the Board of Health would be a good fit.

4. DISCUSSION/ Water & Sewer Policy

Mr. Murray stated that the Selectmen have received feedback on the proposed Water & Sewer Policy from the Board of Health, Conservation Commission, Planning Board, Town Clerk and the Building Inspector/ Zoning Enforcement Officer. In addition, Mr. Murray spoke with Mr. Agnew about adding some wording about single-family residences. The policy will need a “cut off” point in an effort to determine what and what not the Selectmen will review. It was not Mr. Murray’s intent that the Selectmen review applications involving Title 5 systems, but what about a development with a Title 5 system for 20-30 units? The proposed development on Border Street is an example of this latter situation. There will be no impact on Town sewer, but it is a very large system. Mr. Reidy has concerns about proposed developments located in the water resource protection districts. Those developers should go before the Water Resources Committee. Mr. Harris reminded that the Border Street development has an existing system. Discussion continued on making sure the review process runs smoothly to avoid possibility of “constructive approvals”. Mr. Murray noted that the Board “certainly does not want that (constructive approval) to happen”. He is interested in implementing a guideline and policy. He understands that deadlines must be followed. The Selectmen are not trying to change that, they are “just asking people to come before the Board of
Selectmen first”. Mr. Murray stated that the comments from the Planning Board and the Conservation Commission would not change the draft policy. Some recommended wording changes regarding Title 5 applicants will need to be made.

Mr. Murray will re-work the policy and ask Mr. Agnew to make a final review. He noted the “draft note” he wrote back to Mr. Hallin after his presentation on the Country Way property. Mr. Murray publicly “thanked Mr. Hallin for providing a convenient ‘test case’.” Mr. Murray’s goal is to keep the Selectmen informed and to identify issues “up front” so that when applicants go before other boards, the Selectmen’s review will assist them. He understands that applicants cannot be “forced” to go before the Selectmen first, but a suggestion that they appear informally before the Selectmen would be a good idea. Discussion continued on “firmly setting the criteria by which an applicant should come before the Selectmen”. The Selectmen thanked Mr. Limbacher, Planning Board member, and other boards for their input on the policy.

5. 7:00 PM/ REGULAR SESSION CALLED BACK TO ORDER/ Walk-Ins

Walk-Ins – Mr. Norm Paley stated that his Town Meeting Article was originally numbered #26. It has now been changed to #33 – the last Article in the warrant. He asked who numbers the Articles for the warrant? Mr. Agnew stated that it has always been the responsibility of the Town Administrator to number the articles. Discussion continued on whether or not the Advisory Committee should set the order and a possible change to the By-Law that pertains to this matter.

6. DISCUSSION/ Nautical Mile/ Mad Fish/ Humarock

Mr. Michael Solimando, owner of the property at 8 Dartmouth Street; Mr. Stephen Leaman, current manager of Nautical Mile restaurant (8 Dartmouth Street)(transferor), and Mr. Nardi Keka, Mad Fish restaurant (potential transferee) and Mr. Edmond Cella, Mad Fish restaurant, were present tonight’s meeting. Mr. Reidy asked for an update on the liquor license transfer. Mr. Solimando stated that the intent is to transfer the liquor license from the Nautical Mile to the Mad Fish. Mr. Salimando has a lease with Mad Fish. Mr. Keka stated that he did not know why the paperwork was so “messed up”. Mr. Reidy noted that the license, until transferred, is in Mr. Leaman’s name. There is a liability issue if Mad Fish is running the restaurant and Mr. Leaman’s name is on the license. Everyone agreed that the transfer needs to take place as soon as possible. Mr. Solimando stated that he would work with the Selectmen’s office to get the transfer moving forward.

7. DISCUSSION/ VOTE/ FY2008 Budget, 2007 ATM & STM Articles

Annual Town Meeting

Article 18 – Community Preservation

Mr. John Hallin, Chairman, Community Preservation Act Committee, was present at tonight’s meeting.

Item A – Driftway Coastal Access($255,000) – This is part of the ongoing “Driftway Park and North River Marshes Public Access Implementation” plan. Some monies have already been received from the State and these additional funds would provide for the design and permitting of a boat ramp. Mr. Reidy stated that he had looked at the diagrams and they appear to be for non-tidal, freshwater applications. He asked about the width of the boat ramp? Mr. Hallin stated that the ramp would be able to accommodate motorboats. Mr. Reidy fears that the proposed ramp will neither be wide or large enough. Mr. Hallin the “Save Our Ramp” group has attended the Community Preservation Act Committee meetings on this item and the Committee will continue to take public input on this topic. Mr. Murray stated that the new design would increase the turnaround area and make general improvements to the area. The current boat ramp will open this summer pending the construction of a new ramp.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item A – Driftway Coastal Access for $255,000. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Item B – Egypt Park ($100,000) – Mr. Bangert stated that this money would be used for the creation of a small park on a half-acre of land near the Highway barn. The sum of $100,000 would cover seventy-five percent of the cost to create the park. Mr. Norton asked why only 75% of the cost – should we be requesting money to complete it 100%? Mr. Hallin stated that the Committee believes the neighborhood should participate in both fund raising and volunteer efforts on this project. That type of participation has worked well on playground projects. Mr. Reidy noted that the original proposal on this park was submitted by Ms. Sally Coyle. The estimated cost, at that time, was $425,000. Mr. Bangert spoke about the historical nature of the property. Thomas Lawson originally built a train station on this site(torn down in the 1940’s) and it was later a Plymouth & Brockton commuter bus stop. The neighborhood has agreed to greatly reduce the scope of the project in an effort to get some sort of park installed at this location. The Advisory Committee unanimously supported this Item in an effort to create a “link” between this and other pedestrian parks. Mr. Bangert believes pedestrians will want to walk in the park, go to the “Postie” and get a snack. The park will have benches, trees and other plantings. It will not be a playground for children, but it will be a place for families to gather. The MBTA will provide the fencing. In addition, this location is the

site of the Shawn Powell memorial. Mr. Powell passed away in 1994. The Department of Public Works will mow the grass and maintain some low, maintenance plantings that require very little water. Mr. Norton supports this item. “It would be a blight, if it was not restored to park status.” Mr. Reidy recently saw land surveyors on the easterly side of this site. Mr. Bangert stated that NSTAR is installing new poles there. The height of the wires needs to be raised for the trains.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item B – Egypt Park for $100,000. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Item C – Country Way Open Space ($15,000) – This 1.35 acre parcel would be purchased for open space. A stream runs through the property and it is non-buildable. The owner is asking $26,000 and Community Preservation is offering $15,000 for the property. The Committee has not yet had a response to their offer. The property is of value because it gives the Town access to the reservoir and a street drain. The Committee will know if the offer has been accepted in late February. Mr. Harris asked where the property is located? Mr. Hallin stated that it is on the same side of Country Way as the Steverman property and across from the sewer pump station. Mr. Pollard asked if the general public would have access to the property? Mr. Hallin stated that the land is fairly “swampy” and a walkway has not been planned at this time.

Mr. Norton made a MOTION that the Board of Selectmen SUPPORT Article 18 – Item C – Country Way Open Space for $15,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item D – Affordable Housing Plan ($15,000) – The Town Planner requested money to update the Plan in an effort to then forward it to the State. This process would move towards the Town’s Plan being certified. This will help the Town in terms of Affordable Housing credits. Other Towns have spent upwards of $50,000 getting this type of work done on their Plan. Mr. Murray asked if the Affordable Housing Plan protects the Town against Chapter 40b projects? Mr. Hallin answered “no”. Mr. Norton remembers that the Plan was brought to the Selectmen four to five years ago. The Town voted money for the Affordable Housing Plan and the Plan was eventually forwarded to the State. The State sent the Plan back to the Town with no action. Mr. Norton is “not interested in re-inventing the wheel”. Mr. Hallin noted that the Plan is actually part of the Master Plan. “We do not have to start from scratch because we have a lot of the information.” Mr. Norton requested that the Plan be submitted to the Selectmen prior to going to the State this time. Mr. Murray noted that the Planning Board supports this initiative and they would like to review the finished Plan, as well.

Mr. Norton made a MOTION that the Board of Selectmen SUPPORT Article 18 – Item D for $15,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item E – Housing Authority Affordable Housing Initiative (18,000) – The Housing Authority owns property on the Driftway across from Widow’s Walk Golf Course’s fifteenth hole. The $18,000 would be used to update the environmental information on the property to determine what can be built there. Mr. Reidy noted the recent Special Town Meeting Article trying to get ownership of this property transferred back to the Town. The Article did not go forward at that time. Mr. Hallin stated that this money will allow studies to be done to determine what can be built and then plans will be submitted to the various Town departments and boards. The Committee is aware of neighborhood concern surrounding this property.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item E- Housing Authority Affordable Housing Initiative for $18,000. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

Item F – Hatherly School Parking Lot ($55,000) – Mr. Hallin stated that this is really a continuation of Committee support for the athletic field at Hatherly School. This money will be used for a fence for the field, which will be good from a public safety standpoint. In addition, parking will be increased near the lower portion of the field. Mr. Pollard asked if the fencing would go out to bid? Mr. Hallin answered “yes”. Mr. Reidy asked for clarification on the placement of the fence. Mr. Murray asked how much would be spent, in total, on this project? Mr. Reidy stated that $303,000 had already been spent to date. When will the project be complete? Mr. Hallin stated that it would be completed between July 1, 2007 and the start of the school year in September.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item F – Hatherly School Parking Lot for $55,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item G – Tennis Courts at Gates Middle School ($136,000) – Mr. Hallin stated that the tennis courts at the Gates Middle School are beyond repair and need to be replaced. Two school’s tennis teams have canceled matches with Scituate due to the poor condition of the courts. The High School courts are in very poor condition. Mr. Norton asked how long it would take to rebuild the courts? Mr. Hallin answered “approximately six weeks”. Mr. Pollard asked about lighting for the courts. Mr. Agnew stated that the lighting had recently been replaced as well as some of the fencing.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item G – Tennis Courts at Gates Middle School for $136,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item H – Burial Site Survey ($10,000) – This money will be used to prepare the application for the “Men of Kent Cemetery” and the “Cudworth Cemetery” to be placed on the National Registry of Historic Places. If the cemeteries are accepted by this Registry, grants may be applied for future repair work at these sites.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item H – Burial Site Survey for $10,000. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Item I – Local Historical Survey ($5,000) – The money will be used to prepare an application to have Lawson Common placed on the National Registry of Historic Places. Mr. Murray asked if prepared materials could first be reviewed by the new Historic Commission and then be filed with the State? Mr. Hallin concurred that that should be the process.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item I – Local Historical Survey for $5,000. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Item J – Atlas and Navigation Workbook Restoration (11,000) – The Historical Society has requested this money for the restoration of two very important books; (1) Plymouth County Atlas created in 1903 and (2) Navigation Workbook from the 1700’s. These books will also be put on CDs.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item J – Atlas and Navigation Workbook Restoration for $11,000. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

Item K – Little Red Schoolhouse Renovations ($135,000) – The following items need to be done at the Little Red Schoolhouse; sprinkler system, handicap ramp, painting, restoration of front porch, restoration of hardwood floor, air conditioning unit for climate control and a dehumidifier for the basement. Mr. Pollard asked if this would go out to bid? Mr. Hallin answered “yes”.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item K – Little Red Schoolhouse Renovations for $135,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item L – Archival Restoration ($40,000) – This money will be used for a preservation survey to determine the needs of the Town of Scituate Archives.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item L – Archival Restoration for $40,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item M – Administrative Expense ($77,000) – This is 5% of the annual revenues of the Community Preservation Act Fund and covers such items as the salary for the Committee’s administrative assistant and secretary, surveys and supplies. Typically, not all the money is used and it goes back into the General Community Preservation Act Fund. It is not split up between the various categories within the Fund.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item M – Administrative Expense for $77,000. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Mr. Norton noted that the Committee had not allocated many funds for open space this year. How much money is “banked” for open space? $130,000 and another $157,000 will be added this year. Mr. Reidy asked about the balance under Affordable Housing? $650,000. Mr. Hallin noted that this latter category could be used for senior housing or rental properties. Mr. Pollard complimented the Committee on their reports detailing the progress of Community Preservation Act projects and where monies have been allocated.

Item N – Community Housing Bank ($157,000)

Mr. Pollard made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item N – Community Housing Bank for $157,000. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Item O – Open Space Bank ($157,000)

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 18 – Item O – Open Space Bank for $157,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item P – Transfer of Remaining Funds – Mr. Hallin stated that $576,300 would be transferred into the Community Preservation Act’s General Fund after all the listed Items have passed.

Mr. Murray noted that business for the Community Preservation Act Committee tends to slow down after the Annual Town Meeting. He would like to suggest that the Committee continue to meet on a regular basis to work on summarizing the money expenditures and future plans for affordable housing. Mr. Hallin understands that the Committee will be working on some of the following items; projects with the Waterways Commission, the South Swamp and affordable housing.

Article 21 – Peggotty Beach Management Study

Mr. Agnew stated that Town Way Extension, the access road that runs across three quarters of Peggotty Beach, gets washed over and dug out every year. The Conservation Commission granted permission for it to be dug out this winter with the understanding that a “beach management plan” for Peggotty Beach/ Town Beach Extension be done. This request is for $25,000 for an environmental firm to look at this location in terms of the road and the barrier beach. Mr. Murray complimented the Conservation Commission for being “ahead of the curve” on this matter. He understands that residents want to gain access to their homes on Town Way Extension. There is a matter of public safety. Unfortunately, not all the problems can be solved, but this will be a significant step forward. Mr. Reidy wonders if the Beach Management Study will conclude that the area should be left in its natural state? Mr. Agnew believes that conclusion is “highly unlikely”. He believes the road will be left where it is or be located behind the homes. If the Study ultimately says “do not touch the road”, the Town would appeal to DEP and DEP would side with the Town because it is a “public way”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 21 – Peggotty Beach Management Study for $25,000. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 33 – Fire Stations

Mr. Norm Paley is the chief proponent of this petition Article. Mr. Paley stated that the Town has proposed two locations for new fire stations; Hatherly Road and the Town Forest. Mr. Paley stated that the Hatherly Road site was rejected by the State due to the need to fill in the land and the Town Forest site was thrown out by an appeals court judge because the Town refused to do an Environmental Impact Review (EIR). The two project sites are now up for review again. Mr. Paley and his neighbors believe the Hatherly Road site to be one of the worst sites. To put a municipal public safety building in a flood zone is a bad idea. Mr. Paley stated that the “Town Forest site will not perc and the septic system would be placed off-site”. He continually hears that there are no other sites for fire stations available in Town. He has looked for and found another suitable site on Route 3A. The Town could build one fire station, instead of two, on this site and it would only take five minutes to reach the farthest location in Minot or the West End. The Town Hall Station could also be moved up to this new site, located near the Rod and Gun Club, and eight to ten new firemen would not need to be hired to “man” it. Mr. Paley provided “back up” materials to the Board as well as a map.

Mr. Reidy stated that he had viewed the proposed site with Mr. Paley. The original sites have been worked on for the past six years in an effort to resolve response time issues. He noted that the train will soon be running in Scituate and could block off emergency vehicle access to various locations. Mr. Paley’s stated that emergency respondents
would have “control over the train”. Mr. Reidy asked how a fire truck would get through a moving train? Minot residents will not see this as a solution. The train is the biggest impediment to Mr. Paley’s Article. Mr. Paley stated that if the train has a “normal crossing” – it is traveling at 40 to 50 miles per hour. If it is slowing at a station it is going 2 to 3 miles per hour. Mr. Bangert and Fire Chief Hurley agree that the Town will have no control over stopping a train. Mr. Reidy believes that “after six years we are at ‘first and goal’ and are pushing to get it done”. He further stated that if Mr. Paley was really interested in moving forward with this idea, he should have already approached the Conservation Commission to get the conservation restriction taken off the property. In addition, a two-thirds vote of the Legislature on this property may be needed. That could delay things for another three years.

Mr. Paley stated that there are other areas of Town where fire trucks and ambulances will have to wait for a train crossing. Mr. Reidy explained the position of the current and proposed stations and how emergency vehicles can get around the train. Mr. Paley suggests putting the Town Forest property back and taking this new piece out of the “mix” as far as satisfying the Legislature – “an equal swap”. He believes that could be done “in a day or two”. He further noted that the Hatherly Road site takes a piece of land out of the flood zone – a piece of land is needed to replicate it – has the Town done that yet? No answer was recorded. Mr. Paley stated that “the Board of Selectmen has sat on their hands for six years. You don’t even know if you can get flood insurance for the Hatherly Road site. You are a long way from building a fire station”. Mr. Harris asked how far away the Town is from building a fire station? Mr. Agnew answered “five months”. Mr. Harris asked Mr. Paley “how do you sleep at night? You never suggested this new site at the meeting held at the Hatherly Road site last summer. $169,000 has already been spent on the Hatherly Road site.”. Mr. Paley stated that “this Town does things backwards”. Mr. Harris stated that there was once a fire station in Minot and we are committed to putting a station back in Minot. Mr. Agnew stated that the Hatherly Road site was delayed by Mr. Paley and his neighbors appealing it. Mr. Paley stated that the appeal on the first fire station was “thrown out”. “It is not a six year appeal process”.

Mr. Murray stated that he is “less interested in looking to the past than looking forward”. The Selectmen are not sitting on their hands. The train is a huge issue and locating a station on the east side of the tracks is tantamount. The Hatherly Road site will serve a huge area of Town including Minot. Mr. Murray found the radii map to be useful and when it is slid over, one can see the large area the Hatherly Road site will service. He feels that he is one of the most environmentally sensitive people in the room this evening. He shares Mr. Paley’s concerns regarding Musquashicut Pond, but at some point public safety becomes the deciding factor. “The Hatherly Road site, while not ideal, is as good as we are going to get. Does it serve the needs of the community first and foremost? Yes.” We need to move forward on this. Mr. Agnew stated that the fire stations come under a debt exclusion question on the ballot. Mr. Paley stated that if the voters say “no”

– you will have nothing. Mr. Agnew stated that the Conservation Commission would never release the land next to the Rod and Gun Club.

Chief Hurley stated that the research on the fire stations actually began seven years ago. “This is too long to wait for a station to happen.” The site Mr. Paley is proposing does not work for fire protection or for the Fire Department. The Hatherly Road site works. It may not be perfect, but it does work for the needs of the community and the most densely populated area of Town. Prior to 1992, the Fire Department had a high level of service in that area – we want that level of service restored. Mr. Norton supports the Fire Chief – “he is the expert”.

Mr. Murray made a MOTION that the Board of Selectmen VOTE NOT TO SUPORT Article 33. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 30 – Authorize Ten Year Contract for Widow’s Walk Food & Beverage

Mr. Agnew stated that this Article would allow the Town to go out to bid for (1) an operator for the Widow’s Walk Food & Beverage contract and (2) an operator who would also construct some type of function structure at the Golf Course. He believes a ten-year contract is necessary to get this accomplished. If Town Meeting passes this Article, the Town could go out to bid on this in fall 2007. Mr. Reidy asked how the parameters of the bid would be determined? Mr. Agnew stated that the “scope of services” would detail every aspect and there will be a Request For Proposal (RFP). The current food and beverage contractor pays the Town $27,000/year. Mr. Reidy wants to make certain that it will be “crystal clear” what is being bid on. Mr. Harris asked if bidders would need to submit a full set of building plans? Mr. Agnew stated that the Town would set the basic specifications for a pavilion style, concrete and steel building. Detailed engineering drawings would not be needed. He believes that Town Meeting would not vote favorably on a request for $150,000 for the Town to build the pavilion itself. A Town of Duxbury’s golf course did the same type of long-term lease with the construction of a building. At the end of the ten-years – the Town owns the building. Mr. Norton noted that the number of golf outings at Widow’s Walk has decreased over the years. This is most probably due to the lack of a function room at the Club House where golfers can have a meal. If the Town wants to have more tournaments played there – a proper facility is needed. Mr. Murray asked if Mr. Agnew would work with a consultant on this? Mr. Agnew answered “no”. Mr. Pollard noted that this Article would at least allow the Town to go forward with this idea – the details can be worked out later. The Town needs to make a profit at the Golf Course.

Mr. Paley asked if the Town enters into such a contract and five years down the line, finds that the golf course operation (in general) is not working out, and decide to lease the entire golf course operation out – is there an ability to keep the food and beverage lease separate? Mr. Agnew stated that it can be kept separate, but it would not be a lease – that would violate Internal Revenue Service regulations. Mr. Harris noted that the current food and beverage contract is in place for another year. Ms. Burbine,
10 Pennycress Road, asked if the facility could be used for functions other than golf outings such as weddings? Mr. Norton believes that the pavilion style building would probably not be conducive to a wedding reception. Mr. Agnew added that wedding receptions tend to be held at the same time it is peak season for golf. Mr. Norton will not dismiss the idea of other functions being held - it is a good one. Mr. Reidy asked where the pavilion would be placed? Mr. Agnew stated that the he, the Golf Committee and the Public Building Commission will suggest a spot that is the most cost effective and can accommodate the most golfers. They will eventually bring their suggestions forward to the Selectmen.

Mr. Pollard made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 31 – Authorize 10 Year Contract for Widow’s Walk Food & Beverage. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Article 31 – Authorize 25 Year Lease for Boat Yard Operations

Mr. Agnew stated that the current lease ends in October 2008. That lease may be extended for a month beyond that time in order to get all the boats pulled out for the season. An attorney is working on drawing up a new lease right now, which will include ten years with optional ten-year extensions at the Town’s discretion. Mr. Norton believes that no one will bid on this type of operation without it being at least a ten-year lease. Mr. Murray noted that an expensive travel lift would be part of the lease arrangement. Mr. Harris asked about the bulkhead? Mr. Murray stated that the bulkhead is the Town’s responsibility.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 31 – Authorize 25 Year Lease for Boat Yard Operations. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Special Town Meeting

Article 1 – Bills of Prior Years

Mr. Agnew stated that this Article pertains to $64.95, which will be transferred from the Sewer Enterprise Reserve Fund to pay a W.B. Mason bill.

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

Article 2 – Transfers

Mr. Agnew explained that the first transfer from Water Enterprise Fund Retained Earnings to Charges and Assessments for $91,000 pertains to an increase in the Town of Marshfield’s water rates. The rates were changed mid-year. This year Scituate owes Marshfield $91,000 for Humarock water. In FY2008, the Town has budgeted the proper amount. Marshfield sets the rates for this water – “we are at their mercy”. The second transfer involves the transfer of $200,000 from Free Cash to the School Department. Mr. Paul Donlan, Director of Business and Finance for the Schools, stated that their budget was caught short due to three special education students moving into the district. He noted that the School Department pays a total of $1.7 million for out of district, special needs students. These are students that live in the Town, but are educated elsewhere – the School Department pays for their education. Mr. Donlan stated that the School Department will also need to ask for additional funds to cover the increase in utility costs. Mr. Norton asked what these requests do to the School/Town 63/34% split? Mr. Agnew answered “nothing, the percentage only changes if there is an override”. Mr. Norton stated that $200,000 is a lot of money to take out of Free Cash. He would like to see some additional “back up” on this item. Mr. Agnew noted that the Schools asked for a transfer of $300,000 at the fall 2006 Special Town Meeting. Mr. Donlan stated that the transfer requested at that time was for exactly the same thing; the unexpected addition of special education students. The “circuit breaker” will “kick-in” at the 70% special education level. There is a one-year “lag” period. Mr. Pollard asked if “room and board” is part of the out of district costs? Mr. Donlan could not entirely answer this question due to student confidentiality issues, but he did state that the cost of some private placements have gone up $75,000 in just one year. “Sometimes these things are out of our control.”
Mr. Donlan will provide the Selectmen with a spreadsheet that has additional information.

Mr. Norton asked if the 70% reimbursement from the “circuit breaker” would go back into Free Cash? Mr. Agnew answered “no”. Mr. Paley suggested that the Town ask their State Representatives for justification of these rate increases. The State is the “rate setter”. Mr. Reidy believes that is a reasonable request. Perhaps the State should be allocating more money for the “Extraordinary Relief Fund” ($3 million). Mr. Donlan stated that the Fund specifically addresses circumstances such as this, but it is only
$3 million for the many communities that need it. Mr. Norton stated that cities and towns need to stand up and say that the State cannot continue to pass along these costs.

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

Article 3 – Cable Licensing

Mr. Agnew stated that the $15,000 in this Article would pay for hiring a consultant to assist the Town in negotiating a renewal for the Cable Television License. The firm of Epstein & August, which is a top firm for cable licensing and assisted the Town ten years ago with the cable license, will do the work. Mr. Agnew anticipates that this will be a difficult re-negotiation. Comcast does not want to continue giving the 4%, charged to Scituate customers, back to the Town. These are monies the Town side and School side use to pay for Internet, computers, etc. Mr. Murray hopes that programming will be discussed during the negotiation process. Mr. Agnew stated that a five person, Cable Committee needs to be appointed by the Selectmen to assist in the process.

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

Article 4 – Senior Tax Program

Mr. Agnew stated that this Article is for $10,000 to continue the Senior Tax Program. The money will come out of the overlay surplus account. Mr. Reidy explained that the Program allows senior citizens to work in the Town offices for minimum wage. They may earn up to $500 to reduce their tax bill. The Program is administered by Ms. Sheila Manning, Town Administrator’s office, and Ms. Joan Wright, Director of Elder Services.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 4 – Senior Tax Program. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 5 – Easement/ Jericho Road

Mr. Agnew explained that Town Meeting already voted favorable on the Jericho Road project. The Town now needs an easement in this area to complete the work.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 5 – Easement/ Jericho Road. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 6 – Zoning By-Law Change

Mr. Reidy stated that Mr. Tony Vegnani, Advisory Committee Chairman, has asked that this Article be “held”. Mr. Murray stated that this Article would change the number of parking spaces required at the Marina from 1.5 spaces per boat to 1 space per boat.

“There are many reasons for keeping it at the 1.5 spaces and many reasons to reduce it to 1 space.” The Planning Board will review this Article on February 22nd and the Waterways Commission will also review the Article at their upcoming meeting.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to postpone Article 6 – Zoning By-Law Change to a later date. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 7 – Betterment Deferrals

Mr. Agnew stated that this Article, which accepts the provisions of MGL Chapter 80, Section 13B, must be voted at Town Meeting prior to the Board of Selectmen entering into any agreements to defer betterments. The Selectmen actually vote on such betterment deferral requests. Residents requesting such deferrals must meet certain qualifications. The Town will eventually get their money back on these deferrals because they become liens on the properties.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 7 – Betterment Deferrals. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Article 8 – Vacation Pay

Mr. Agnew stated that in the past, current Town employees and employees facing retirement have been able to receive pay for four to five weeks vacation time in one, lump sum. A vote of Town Meeting is actually required to allow this practice. Mr. Reidy asked if there is a way in which the dollar amount can be “capped”? Mr. Norton asked if employees are allowed to carry over an unlimited amount of vacation time each year? Mr. Agnew answered “no they cannot – a two week carry over is the maximum allowed and it must be used by a certain date the following year”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 8 – Vacation Pay. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

Article 9 – Preservation Restriction

Mr. Agnew stated that this Article would authorize the Selectmen to accept perpetual preservation deed restrictions on the Stockbridge Mill and the Grand Army Hall. In addition, the Selectmen would be authorized to designate the Historical Commission to “administer, manage and enforce this preservation restriction”. Community Preservation Act money will be used for this.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 9 – Preservation Restriction. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

8. DISCUSSION / Scituate Library Trustees

Ms. Jody McDonough, Library Trustee, and Ms. Kathy Meeker, Director of the Public Library, were present at tonight’s meeting. Ms. McDonough stated that the Library would like to request $240,000 for staffing and materials as part of the override. Mr. Norton and Mr. Reidy complimented Ms. McDonough and Ms. Meeker on the thoroughness of the “back up” materials on this subject. Comparisons with staffing levels in other communities were very helpful. Mr. Norton asked about the part-time custodian’s position. Ms. Meeker stated that the custodian works only twenty-five hours at the Library. It is a shared position with the Senior Center building. The custodian never works at the Library when it is closed – he has to try “working around” people at all times. Mr. Pollard asked how many hours the Library must be open in order to be “certified”? Ms. Meeker answered “54 hours”. Mr. Pollard noted that the Library is “doing a lot with very little staff”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT $908,151 for the Library Budget subject to the override. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

9. DISCUSSION/ VOTE/ Water Resources Committee Letter

Mr. Gene Babin, Supervisor of the Water Division and member of the Water Resources Committee; Mr. Jeffrey Rosen, Chairman of the Water Resources Committee and Mr. Lance Van Lenten, member of the Water Resources Committee, were present at tonight’s meeting. Discussion on a recent letter from DEP regarding the Town of Scituate’s Water Withdrawal Permit. Under the general part of the Permit, the Water Resources Committee suggest that the Selectmen recommend the restoration of the herring runs. Mr. Rosen understands that other Towns have suggested this to DEP and that they have supported it. The Town should take a proactive approach on this from both water resource and ecological standpoints. In addition, the Town could also get outside funding to do this type of work in the future.

Mr. Reidy thanked the Committee for drafting the DEP letter and for all the work they have done to date. Mr. Murray asked if Mr. Babin is in agreement with the Committee on this idea? Mr. Babin answered “yes”. Mr. Reidy remembers that when he was a child there were a lot of herring in the Musquashicut Pond area. Mr. Rosen agreed and said the fish are not there any more. Mr. Van Lenten stated that the North and South River Watershed Association had taken herring counts in neighboring towns. Pembroke’s herring population is well established. The time of year in which the herring need water
is exactly the same time that Scituate is “challenged” for water. Mr. Babin stated that those months generally run from August through October. Mr. Paley stated that herring never “ran” in Musquashicut Pond. They were stocked by the State because they ate the “midges”. Mr. Rosen stated that his Committee is committed to obtaining all the historical facts on this and will report back to the Selectmen.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the draft letter to DEP as submitted by the Water Resources Committee. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

10. DISCUSSION/ VOTE/ OVERRIDE & DEBT EXCLUSION QUESTIONS

Mr. Agnew explained that the Selectmen would need take a vote that passes by 4/5th’s to put the debt exclusion questions on the ballot.

Mr. Murray made a MOTION that the Board of Selectmen put the following debt exclusion question on the ballot: #2 “shall the Town of Scituate be allowed to exempt from the provisions of proposition two and one half, so called, the amounts required to pay the bond issued in order to purchase a new Fire Department pumper and further to permit, design, construct and initially equip a new fire station”. SECONDED by Mr. Harris. Discussion – Mr. Norton requested that words as to the location of the new fire station be added to the debt exclusion question. Mr. Agnew stated that he would add words to that effect. Mr. Vin O’Brien asked if dollar amounts would be added to the questions? Mr. Agnew answered “no, debt exclusion questions do not contain dollar figures – override questions have dollar figures”. The format of these questions is “formulated by law”. An approximate value for the pumper and construction of the fire station will be $375,000 and $1.5 million, respectively. Mr. Agnew noted that the appropriation will have already been done. Citizens will only see this on the ballot, not at Town Meeting. Ms. Corinne Wagner wanted to make certain that this ballot question would not be “tied to any other article or money that had already been voted at another Town Meeting”. Mr. Agnew assured Ms. Wagner that it would not be. Mr. Reidy stated that the Financial Forecast document would also explain these parameters, as will the Advisory Committee’s booklet. Mr. O’Brien asked if the question passes at the ballot, how long would it take for the station to be constructed? Mr. Agnew believes it would take less than a year. Debt exclusion question #3 addresses staffing for the fire station. No further discussion. Unanimous vote. (5-0)

Mr. Murray made a MOTION that the Board of Selectmen put the following debt exclusion question on the ballot: #3 “shall the Town of Scituate be allowed to assess an additional $600,000 in real estate and personal property taxes for the purpose of funding eight, full-time firefighter positions for the fiscal year beginning July 1, 2008”. SECONDED by Mr. Harris. Discussion – Mr. Norton asked that the wording be changed to “eight, full-time firefighter positions for the new station. Mr. Agnew
stated that after the word “positions” he will add for the Hatherly Road Fire Station”.
No further discussion. Mr. Murray amended his original motion to include the
words after “positions” for the Hatherly Road Fire Station. SECONDED by Mr. Harris. Unanimous vote. (5-0)

Mr. Murray made a MOTION that the Board of Selectmen put the following debt exclusion question on the ballot: #4 “shall the Town of Scituate be allowed to exempt from the provisions of proposition two and one-half, so called, the amounts required to pay the bond issued in order to permit, design, construct and initially equip a new Senior and Community Center. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Murray made a MOTION that the Board of Selectmen put the following debt exclusion question on the ballot: #5 “shall the Town of Scituate be allowed to exempt from the provisions of proposition two and one-half, so called, the amounts required to pay the bond issued in order to purchase new books, desks, chairs and computer equipment for Scituate Public Schools. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Paley asked if the extra cost to taxpayers (if these questions pass on the ballot) for an average $500,000 home is still approximately $485/ year? Mr. Reidy stated that the dollar amount could fluctuate in the “out years”. Mr. Agnew stated that the money in the questions will be “staggered - it will not all ‘hit’ at once”.

11. VOTE BETTERMENT ABATEMENT

Mr. Murray recused himself from voting on this matter. The property, 9 Cliff Avenue, belongs to his neighbor/friend.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a sewer betterment abatement for 9 Cliff Avenue (Lot 70, Parcel 64-5-2). Said lot deemed unbuildable by the Building Commission/ Zoning Enforcement Officer. SECONDED by Mr. Harris. No discussion. Norton, Harris, Pollard and Reidy voted in favor of the motion. Mr. Murray did not vote. (4-0-1)

12. APPOINTMENTS/ Historical Commission & Board of Health

Mr. Reidy thanked all the Historical Commission applicants – “it was an incredible response”. Mr. Norton agreed and further stated that he had never seen such a qualified group of respondents. Mr. Reidy reminded the Board that any member can make nominations and once there are three votes for any one candidate, that position will be filled.

Mr. Pollard made a MOTION that the Board of Selectmen APPOINT Arthur Beale to the Historic Commission. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Mr. Norton made a MOTION that the Board of Selectmen APPOINT Douglas Smith to the Historic Commission. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Harris made a MOTION that the Board of Selectmen APPOINT Bob Corbin to the Historic Commission. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

Mr. Murray made a MOTION that the Board of Selectmen APPOINT Peter Leavitt to the Historic Commission. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Murray made a MOTION that the Board of Selectmen APPOINT Harvey Gates to the Historic Commission. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

It was noted that one of the positions will only be a one-year appointment and that candidates not chosen this evening may be interested. Mr. Murray volunteered to be the Board’s liaison member to the Commission. He hopes that candidates not chosen this evening will still plan to be involved with the Commission.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to APPOINT Michael Vazza to the Board of Health. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

13. DISCUSSION/ TOD GRANT

Mr. Reidy stated that he sees various portions of the TOD Grant application as problematic. He is particularly concerned about a potential Chapter 40B being built as part of the entire package. Mr. Norton suggested that in the future, applications such as this be thoroughly reviewed prior to being submitted. Right now we are at the point that the application has been accepted and the “check has been cut, but not cashed”. “Unfortunately, right or wrong, the application was submitted by the Town.” Mr. Murray stated that he agrees with much of what is being said regarding the application – “in hindsight, we should have had greater discussion on this topic”. He does think that many of the points have to do with the village overlay district. “We have the grant. I think we need to move ahead with this.” Mr. Reidy stated that the Town still has the opportunity to rescind the application. He has concerns about building out this area in terms of water and sewer implications. Mr. Reidy had questions about these issues back when grant was
originally applied for. Mr. Bangert stated that this grant will not “cause development to happen in this area. Development will be driven by the train coming to Town”. If development does occur in this area of Town, would it not be better to have the grant money to improve this area’s infrastructure? Also, would it not be better to have the State pay for these improvements rather than trying to get them from a developer? Mr. Bangert reviewed the monies spent to date on Streetscapes and money slated to be spent in the future. The $435,000 from the TOD Grant will be spent in Greenbush for sidewalks and trees. The Grant will “help free up Streetscapes money for North Scituate”. Mr. Paley wonders about the impact on the school system if a great number of housing units are built in this area. Mr. Norton believes that many of these points should have been raised the evening this Grant was discussed some time ago. Mr. Reidy stated that “I asked the question and did not get an answer from the Town Planner”. Mr. Murray feels we “absolutely should accept this money”. Mr. Pollard understands Mr. Reidy’s fears, but development can occur whether or not we accept this Grant”. He also thinks the Town should accept this Grant money. Mr. Harris agrees with Mr. Reidy. “Accepting this money weakens our position.” Mr. Norton is also in favor of accepting the Grant money and it appears the majority of the Board is in favor, as well.

Mr. Murray noted that many grant applications do not afford much leeway time and the TOD grant was a perfect example of that. “We need to make certain that grants do not drive projects; projects should drive grants”. We need to do a better job of reading applications in advance of their submission.

14. OTHER BUSINESS

Mr. Bangert stated that he and others from the Town recently met with Cashman regarding the construction of the Route 3A roundabout. There will be nine, phased detours during construction. “It will be a challenging period for the Town.” Mr. Harris asked when the “heavy” part of the construction would occur? Mr. Bangert estimated “late March to early April 2007”. Mr. Reidy asked how long it would take to build the roundabout? Mr. Bangert estimates approximately four months.

Mr. Murray noted that further work needs to be done regarding handicap parking at the High School.

15. CORRESPONDENCE – None

16. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of November 21, 2006. SECONDED by Mr. Murray. No discussion.
Page Twenty-one
Board of Selectmen – Minutes of Meeting – 2/6/07

Unanimous vote. (5-0)

17. ADJOURNMENT

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ADJOURN the Meeting at 11:00 PM. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

______________________________
Paul T. Reidy, Chairman

______________________________
Shawn Harris

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Richard W. Murray

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Joseph P. Norton

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James E. Pollard

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant