BOARD OF SELECTMEN

SEPTEMBER 11, 2007

Present: Shawn Harris, Chairman; John F. Danehey, Richard W. Murray,
Joseph P. Norton, Richard W. Murray

Richard H. Agnew, Town Administrator

Press: Scituate Mariner

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to AMEND the Agenda to include 14a “Pending Litigation”. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

Walk-In Period – Craig Dias, 128 Stockbridge Road, stated that he would like to present certain issues to the Board over the next month. He is requesting Planning Board Agendas for the past three years. Once he has these Agendas, he plans to illustrate to the Selectmen what he believes is wrong with the process and/or the way in which he has been treated by the Planning Board. Mr. Dias stated that he “loves this community” as he knows the Selectmen do, too. He is very involved with the community in terms of Scituate football, SHORE and the Scituate Public Library. He was first on the scene of the tragic fire on Hatherly Road some years back where the lives of two children were lost. He helped a child who was stuck on the roof in that fire. He believes in civic duty and in doing the right thing. Mr. Dias stated that “all should be treated fairly in this community”. He continued by stating that “for the most part, everyone has been very good – Mr. Agnew and the sewer and water departments”. He wants to “show the difficulties that people such as himself have run into”. Mr. Dias hopes that the Selectmen will direct someone to obtain Planning Board Agendas what he needs.

Mr. Harris thanked Mr. Dias for giving a brief overview of his situation. Perhaps he would like time on a future Selectmen’s agenda. He reminded Mr. Dias that the Planning Board is an elected board, as is the Board of Selectmen. Mr. Harris stated that
Mr. Agnew, Town Administrator, handles all personnel matters. Mr. Dias stated that he went to the Planning Board to see what he could do with his property that would best suit the Town and his own family. He received two different answers from the Planning Board and the person that works for the Planning Board. He wants to illustrate to the Board of Selectmen how he has been treated differently. He does not want to construct a Chapter 40b project on his property and he feels he is being forced into it in his Greenbush neighorhood. Mr. Dias asked for a private meeting with a member of the
Board of Selectmen, a member of the Planning Board and Mr. Agnew. Mr. Dias compared his issue to that of Attorney Paul Wilson’s (law office of Mintz, Levin) representation of Oceanside Village. Mr. Agnew stated that he would obtain copies of the Planning Board Agendas and set up a meeting between Mr. Dias, himself, and Mr. Reidy. Mr. Danehey clarified by stating that the Oceanside Village project is much, much bigger and is really not a good example. Mr. Danehey is concerned about Mr. Dias’ situation, but does want the perception to go forward that Mr. Paul Wilson has “beaten down the Town”. Mr. Dias again stated that he wants “everyone treated the same in this community – not different”. He “wants to be heard and does not want to go through a fight”.

3. DISCUSSION/ VOTE/ OUTDOOR WATERING BAN/ G. Babin

Mr. Gene Babin, Supervisor of the Water Division, was present at tonight’s meeting. Mr. Babin stated that “as everyone knows, it has been a bit dry this summer”! The rain our area received today was good, but it was the same number of inches as what we have received over the last twelve weeks. He asks that the Selectmen, as Water Commissioners, declare a complete ban on all outdoor watering. A voluntary water restriction was put in place at 70% capacity. The Town is now down to about 50% of its water storage capacity. “50% is a trigger.” A total ban of outdoor watering will restrict such items as lawn irrigation systems, vehicle washing and the filling of swimming pools. Mr. Babin recommends that water use, as it effects public health issues such as mosquito spraying and dust control at construction sites, not be a part of this ban. Mr. Harris asked if the ban would include the watering of vegetable and flower gardens? Mr. Babin answered “yes”. Mr. Harris asked how many inches of rain fell today? Mr. Babin answered that 2.5 inches had fallen, so far. Mr. Murray asked about posting signs in Scituate and Humarock notifying residents of the total ban? Mr. Babin stated that signage will be in place, press releases will be given to newspapers and the Plymouth County Sheriff’s office will use their telephone system to notify 7,500 Scituate residents of the ban. He further noted that the Town of Marshfield, from which Humarock residents receive their water, is not on any type of water ban at this time. He does think, however, that the ban should apply to Humarock, as well.

Mr. Reidy asked if the ban would be lifted soon if the Town receives a substantial amount of rain? Mr. Babin stated that it takes five to ten inches of rain to get the ground moist enough to get streams running, ponds filling and water running back into our reservoir. Once the ground is saturated, for every one inch of rain that falls – the reservoir gets approximately ten inches back. He believes that at a minimum, the ban will be effect through September and maybe into October, too. “Four to six weeks is a reasonable expectation.” Mr. Norton read that in terms of total rainfall, we are just an inch shy of last year’s amount. Mr. Babin stated that the time period in which the rainfall occurs must be taken into account when considering the total. Most of this year’s rainfall occurred when the reservoir was full and actually overflowing. He finds the reservoir

level on Memorial Day to be a good indicator of how water levels will last during the summer months.

Our reservoir was slightly on the lower side on Memorial Day. Mr. Harris asked that Mr. Babin post more signs around Town to let residents know about the water ban. Mr. Babin will ask for more signs and make certain they are posted on the heavily traveled routes. Mr. Murray suggested more easily understood verbiage on the signs.
Mr. Danehey asked about enforcement? Mr. Babin stated that after the ban has been announced in the newspaper, an initial infraction will cost $50.00 and every subsequent infraction - $100.00. He hopes that fines will not have to be levied. Mr. Reidy noted that the Police Department will be following up with violators, as well. Mr. Danehey asked that Mr. Babin return to the Selectmen’s meeting in two weeks with an update on the water situation.

Mr. Norton made a MOTION that the Board of Selectmen, as the Town’s Water Commissioners, DECLARE a complete ban of outdoor water use in the Town of Scituate effective midnight, September 14, 2007. Said ban includes, but is not limited to, irrigation, car washing and the filling of swimming pools. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

4. UPDATE/ HEALTH INSURANCE/ J. Lepardo

Ms. Jane Lepardo, Treasurer/Collector, was present at tonight’s meeting and stated that she attended two meetings on State Health Insurance since her initial presentation to the Selectmen in April 2007. Not much has changed during that time frame. In order for the Town to join the system, it would have to first adopt MGL Chapter 30b, Section 19 prior to October 1, 2007. Obviously, that will not happen this year, but could be a possibility next year along with other considerations. Ms. Lepardo spoke to Senator Rosenberg who has been instrumental in bringing this matter forward to cities and towns. There are some items regarding the system that have come forward; (1) the ability administratively for the Commonwealth of Massachusetts Group Insurance Commission (GIC) to be able to take all these cities and towns into their system and (2) the GIC can charge a 1% administration fee to cities and towns. These monies would be used for personnel, etc. Health Care Provider bids are due into the State by the first week in November. Blue Cross Blue Shield may or may not decide to bid. (3) There may be higher co-payments and additional deductibles with this system. The firefighter’s unions are still resistant to joining the State system. Scituate’s highest labor group is the school teachers at 43-44% and when the rest of school employees (clerical, custodial, etc.) are added in, it equals 72.5%. 70% is needed to join the GIC. Retirees represent 10%, Police 5%, Fire (no percentage was recorded) of the vote. Ms. Lepardo believes that the Fire union would most probably be interested in a better percentage split for the Town employees. Ms. Lepardo stated that “Scituate is very low”. She further stated that a three year commitment to the GIC is the minimum required. “Wellness programs” were discussed.

The insurance through Plymouth County is a relatively small “pool” when compared with the State. Ms. Lepardo also expressed concern about a “blended pool”.

Mr. Reidy stated that a new teachers’ contract was recently discussed at a School Committee meeting. Will tonight’s information enter into those negotiations? Mr. Agnew answered “no, this is outside collective bargaining”. The Selectmen are the ones who would need to accept the State statute, not the schools. The School Committee would not have a “say” in this process. Mr. Norton asked “what is the next step we should take”? Ms. Lepardo stated that if the Town is interested in moving forward for next year, the Selectmen need to accept the State statute before October 1, 2008. Town Meeting does not vote on the statute because the Legislature realized that a Meeting could “stack” the outcome of the vote. The Selectmen are responsible for the financial decisions of the Town and that is why they take the vote. Mr. Agnew suggests
(1) waiting until bids from health care providers are received by the State in early November and (2) see what the rates will be. At that time, we can determine how much the Town and its employees can save. Mr. Murray asked if “major players” opt out on their cities and towns participating in the GIC in the future, where would that leave us if we decided to join? Mr. Agnew stated “it would be impossible to know that”.

Ms. Lepardo stated that joining the GIC could be a good thing. She knows that health insurance is a “big chunk out of everyone’s paycheck”. She asked if the Town would ever consider changing the employer/employee “split”? Mr. Reidy stated that according to the Town’s Financial Forecast, Scituate’s pension and health insurance costs are very high. It seems doubtful to him that the “split” could be changed at this time.
Mr. Danehey concurred.

5. UPDATE/ DISSOLUTION/ Scituate Marine Park - postponed

6. DISCUSSION/ VOTE/ 385 Chief Justice Cushing Highway/ K. Judge

Ms. Kathy Judge, listing real estate agent for 385 Chief Justice Cushing Highway; the home owner, Mr. Chris Donato(sp); Mr. Tobin and Mr. Condon were present at tonight’s meeting. Mr. Reidy disclosed that he had played college football and baseball with Mr. Donato. Mr. Donato stated that they are looking for clarification on the deed for the aforementioned property, which states that “no livestock” may be housed there. Mr. Donato has reviewed the Town’s by-laws and the State statute pertaining to “livestock”. He noted that a barn has been present on this property for over one hundred years. They would like to be able to say to a perspective homeowner – “yes, you can have horses as long as you are in compliance with State law and Town by-laws”. They have had some potential buyers that would were interested in having horses for their personal use. Mr. Harris asked how many horses would be allowed per acre? Mr. Donato stated that this very question was addressed by the appeals court who determined 2.75 acres was fine for
two to three horses. This parcel is over six acres in size or “perhaps, in the three to four horse range”. They would like to not limit this property by saying “no” to horses.

Mr. Norton stated that he does not have a problem with a horse being on this property, but after speaking with Mr. Gene Babin, Supervisor of the Water Division, he found out that if a drinking water well is located in this area – there are different standards. Livestock is not allowed within 400 feet of a well. That obviously would not encompass the entire property at 385 Chief Justice Cushing Highway. Mr. Condon stated that the State regulations take into account the manure and how it will be housed. In the Town of Ware, horses are allowed to proceed right through all areas of the watershed. The State has detailed regulations and he does not believe what is being suggested for this property comes close to any violations. Mr. Donato suggested that the horses would not be housed towards the back of the property, which abuts Conservation land. They would most probably be located in the large, grassy area to the left of the driveway. Mr. Norton asked what sort of timeframe the owner has in mind? Mr. Donato stated that 90% of the people looking at the property want horses. Mr. Agnew agreed with Mr. Norton’s statement that there are different parameters for a well head versus watershed. He suggested that he meet with Ms. Judge and Mr. Donato in an effort to look at the 400’ requirement for a well head and make certain the proper restriction on the property is set. The deed can be changed to reflect this and then, if the well head does not go forward, the deed could be changed again to allow horses on the entire property. Mr. Murray asked that Mr. Jeff Rosen, Water Resources Committee Chairman, be asked to sit in on this discussion.

7. UPDATE/ STREETSCAPES COMMITTEE

Mr. Al Bangert, Ms. Laura Harbottle and Mr. Jim Pollard were present at tonight’s meeting. Mr. Bangert stated that the Streetscapes work in North Scituate is nearly complete. Sidewalks, crosswalks, streetlights, tree gates and the clock tower are some of the items that will be completed in the next four weeks. Mr. Bangert stated that “it has been a long and tedious process and both the residents and merchants have been very tolerant”.

The Greenbush Streetscapes work is still in the design and engineering phase. Sidewalks, crosswalks, streetlights, landscaping and a new park near the pond are all being worked on. Mr. Bangert expects the engineering plan to be ready in October for review. Bid documents for the work will be prepared and available in late November. In late January 2008, a contractor will be selected and recommended to the Selectmen for the award of the contract. Mr. Norton asked if the same design for streetlights would be used in Greenbush as North Scituate? Mr. Bangert stated that the lights will be similar, but a little different in design. Their height may also be different.

Mr. Bangert reviewed a spreadsheet outlining Streetscapes expenditures to date and a

“break out” of expenses for North Scituate and Greenbush. $2.5 million is still available
in Streetscapes mitigation money from the MBTA. If the TOD Grant for approximately $500,000 is added then approximately $3 million is available. To date, $1 million plus has been spent in North Scituate. Approximately $230,000 has been spent in Greenbush
on design and engineering. Mr. Bangert stated that the best “guesstimate” for Greenbush Streetscapes work is $1.4 million. If money is left over from this project, the Committee recommends that it be spent on trees in North Scituate, sidewalks for North Scituate and Greenbush and additional work on the traffic islands. Mr. Norton noted that Mr. Bangert’s numbers include money from the TOD Grant. It was his understanding the TOD Grant money could only be spent on Greenbush – no where else. He suggested
that the TOD Grant monies be assigned to Greenbush first and then determine exactly how much Streetscape money remains. Mr. Pollard concurred. Ms. Harbottle agreed that the TOD Grant money must be spent only in Greenbush. Mr. Murray suggested that the TOD Grant should be “value added”. Mr. Reidy believes the TOD Grant money should be kept in a separate account. Ms. Harbottle stated that the money is not yet in an account. The Town will spend the money and then be reimbursed.

Mr. Reidy still has serious concerns over the demographics utilized in the TOD Grant application. “If the neighbors knew the demographics that went into that application, they (neighbors) might not be too happy about it. It may be a big burden on that area”. Ms. Ann Burbine, 10 Pennycress Road, understands Mr. Reidy’s concerns, but ultimately disagrees. She feels the grant money should be accepted by the Town. “The end of the rail line will be developed in spite of us.” She believes this grant money will give the Greenbush community some amenities, such as sidewalks, that are needed. “If you refuse that Grant it will be a colossal mistake. The money will just go elsewhere.” The Grant money is specifically earmarked to be used within a quarter mile of a transportation center. It is a business district. Mr. Reidy wonders how a project with new buildings can be allowed to go forward and utilize the Town’s water and sewer, when the people on Rosa’s Lane are still waiting for sewer. Ms. Burbine believes these two projects are like “comparing apples and oranges”. Mr. Norton noted all the “talk” about sidewalks. He really thinks very few people will be walking to the train. Mr. Harris also has concerns about some “strings attached” to the Grant application that would allow a development to tie into Town sewer – that is how Greenbush development can be compared to Rosa’s Lane – the sewer element. Mr. Norton suggests that the TOD Grant be discussed in detail on a future Agenda. Mr. Pollard noted that the Greenbush Streetscapes plans were designed without even knowing the outcome of the TOD Grant application. One additional item in Greenbush would be the sidewalk on Ford Place, which will be very expensive. Mr. Norton agrees that the $500,000 Grant would be very nice, “but at what cost”.

Ms. Harbottle asked if the application itself should be posted on the Town’s website? All agreed that would be a good idea. Mr. Reidy questioned some of the numbers in the Grant application when Ms. Harbottle originally brought it forward and Ms. Harbottle
said she “did not want to discuss it” at that particular time. Mr. Murray supports the application being posted on the Town’s website and having this discussion on a future Agenda. He asked for hard copies of the application, as well. He believes the Town needs to look at the Village Overlay District, sewer prioritization and environmental
issues. It appears there are some mutually conflicting issues in this area. Mr. Danehey would like to know about the “build out” capacity of this area. If we have that number, we can then work to identify potential issues there. Mr. Reidy noted that “in reality, build out is also based on sewer capacity”. Mr. Bangert agreed that this needs to be “sorted out”. The engineers are working on this area right now and should know if we are scaling back the plans. Mr. Norton suggests still going forward with the plans for the area – “we can always cut back later, if necessary”.

Mr. Craig Dias, Stockbridge Road, spoke about Stockbridge Road needing sidewalks. He feels it is a very dangerous road to walk. Sidewalks are needed for his children and grandchildren. He does not want to see anyone hurt there. Mr. Harris agreed that Stockbridge Road is dangerous for pedestrians.

8. DISCUSSION/ VOTE/ North Scituate Parking Lot/ A. Bangert – postponed

9. ACCEPT DONATION(S) / Recreation Commission/ Harbormaster

Mr. Danehey made a MOTION that the Board of Selectmen ACCEPT the kind donation of $500.00 from the Scituate Knights of Columbus on behalf of the Scituate Recreation Commission to be used for the “All Stars” Program for children with Special Needs. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

Mr. Mark Patterson, Harbormaster, and Mr. Howie Kreutzberg, Chairman of the Waterways Commission, were present at tonight’s meeting. Harbormaster Patterson stated that the Ladd family came forward with an idea of donating funds in memory of Robert Ladd.

Mr. Murray made a MOTION that the Board of Selectmen ACCEPT the kind donation of the families of Robert Ladd and Guy Ashley on behalf of the Harbormaster’s office for the upgrade of the Scituate Marina entrance way, i.e. the area around the Harbormaster’s building. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

10. ACCEPT RESIGNATION/ Conservation Commission

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Stephen Young from the Conservation Commission and further that the Board thank Mr. Young for his service to the Commission and the Town of Scituate. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)
Mr. Murray asked that Conservation Commission candidates from June 2007 be re-activated and that new applicants be encourage to apply for this position.

11. VOTE/ Annual Tootsie Roll Drive

Mr. Danehey read the Knights of Columbus Annual Tootsie Roll Drive Proclamation.

12. OTHER BUSINESS

Mr. Reidy is very concerned about the crossing gates at the North Scituate train crossing. His wife recently saw a vehicle stuck between the gates and the track when a train was coming through the crossing. He suggests that flag men and police officers be installed at each crossing before a major accident occurs. Mr. Bangert stated that the trains blow their horns and proceed with caution through every crossing. He is also aware of the lights not functioning properly at the First Parish Road crossing near Fire Station headquarters. Mr. Bangert stated that the signal system is complicated and not working under all scenarios. Mr. Norton stated that the “MBTA knows some of the crossings are not working properly. Until they are working 100% of the time, we must have flagmen. We want to be ‘on record’ that someone is at these crossings”. Mr. Bangert stated that the State has signed off on a number of crossings that are working perfectly. Mr. Murray asked if any of those crossings are in Scituate? Mr. Bangert answered “yes”. Mr. Bangert will find out from the MBTA what crossings have not been approved by the State and will report back to the Selectmen.

Mr. Reidy reported that the School Committee is very pleased with the renovations at the Gates School. The new curriculum at the School seems to be very successful, as well. Everyone who visits the Wampatuck School says that it is like a “brand new school” after the renovations. These projects seem to be “moving in the right direction” and the School Committee thanked the taxpayers. They sent out an invitation to everyone who would like to visit these schools to make an appointment for a tour. Apparently the teachers and children are very excited about the improvements and overall, this is really benefiting the students.

Mr. Norton thanked the Hatherly School students for their wonderful letters thanking Scituate residents for voting the override, which has helped the Schools buy new textbooks, desks, carpets, etc.

Mr. Murray noted that a presentation on “Docushare”, technology for information sharing, would be held at Town Hall in the near future. Mr. Agnew stated that the Town is trying to get another company to make a presentation on their program, which deals more specifically with permitting.

Mr. Murray asked for an update on the Cable contract process. Mr. Agnew stated that
more members need to be appointed to the Cable Television Committee. He would like to suggest that in addition to the two members already appointed, that the Selectmen appoint the Town Administrator; Ms. Mary Gallagher, Town Accountant; School Department member and a member of the Board of Selectmen to the Committee. This
will get the Committee “up and running”. Mr. Murray volunteered to be the Selectmen’s representative on the Committee.

Mr. Murray received a call from the music store owner, Mr. Gerry McMorrow, asking about a Heritage Days “follow up” meeting. Mr. Danehey will set up such a meeting with the Chamber of Commerce, which will include Mr. McMorrow.

Mr. Danehey asked if the Department of Public Works could look at a pothole in the vicinity of Turner Road.

Mr. Danehey attended a Planning Board meeting at which the Board was interviewing potential consultants to review the Town’s by-laws. The ambiguities that exist in our by-laws impact the Zoning Board of Appeals and the Planning Board and create the potential for lawsuits. The Selectmen need to focus on appointing members to the By-Law Review Committee. He thinks the By-Law Review Committee should have the following members: the Zoning Enforcement Officer, a Planning Board member, a Zoning Board member, etc. These are the people that use the by-laws on a regular basis. Mr. Agnew noted that the Committee is supposed to review any changes to existing by-laws and newly proposed by-laws.

Mr. Harris asked if a motor vehicle became disabled on the track if our Chief of Police or Fire Chief would have the ability to directly notify the engineer of the MBTA train. Mr. Bangert stated that a signal box is located at every train crossing. These signal boxes have a telephone “hotline” number which will connect the caller to a MBTA dispatcher, who will then notify the train engineer of a problem on the tracks. It is almost like a 911 call. In addition, the Police dispatcher also has a direct line to the MBTA dispatcher. Discussion continued on “crash training” for local personnel. Mr. Agnew stated that the MBTA will pay for part of this training. Mr. Craig Dias, Stockbridge Road, stated that he is employed by the MBTA and suggests the Town request the MBTA run a “mock drill”, which assimilates a crash scene. He also suggested that adults take a train safety course. He volunteered his time to teach such a course.

Mr. Paley asked why police officers are stationed at crossings in Weymouth and Hingham? Mr. Bangert stated that there have been some complications with crossings in those towns.

13. CORRESPONDENCE

Mr. Danehey read a memorandum from Ms. Jennifer Vitelli, Recreation Director, summarizing the Department’s events for summer 2007.

14. MINUTES

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of January 30, 2007. SECONDED by Mr. Norton. No discussion. Murray, Norton, Harris and Reidy voted in favor of the motion. Mr. Danehey did not vote. (4-0)

14a. PENDING LITIGATION (Executive Session)

The Board of Selectmen entered into Executive Session via roll call at 9:10 PM to discuss Pending Litigation and did not return to Regular Session this evening.

15. ADJOURNMENT

The Regular Session was adjourned at 9:10 PM.

BOARD OF SELECTMEN

________________________________
Shawn Harris, Chairman

________________________________
John F. Danehey

________________________________
Richard W. Murray

________________________________
Joseph P. Norton

________________________________
Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant