BOARD OF SELECTMEN

MARCH 27, 2007

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

Press: Patriot Ledger, Scituate Mariner

1. The meeting was called to order at 6:45 PM.

2. ACCEPTANCE OF AGENDA

Mr. Pollard made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for March 27, 2007. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

3. COMMENDATION/ Scituate High School Hockey Champions

Mr. Reidy welcomed the Scituate High School Hockey Team, the coaches and Ms. Donna Nuzzo-Mueller, High School Principal, to tonight’s Selectmen’s meeting. He also welcomed Senator Robert Hedlund and Representative Frank Hynes to the meeting. Mr. Murray read the commendation from the Board of Selectmen. Senator Hedlund mentioned that he and Representative Hynes would be speaking to the Selectmen later in the meeting about the State budget. He also noted that the Hockey Team would be visiting the State House on April 17, 2007. Representative Hynes stated that he was also representing Representative Garrett Bradley and he complimented the Hockey Team on the Championship. He noted that it had been twenty-two years since Scituate had won this title and he hopes that this will be the first in many years of Division Three championships.

The Selectmen asked the Hockey Team to come up to the front of the Selectmen’s Chambers to receive a copy of tonight’s commendation and medal.

4. ANNOUNCEMENT/ 2007 E GOVERNMENT AWARD / Town of Scituate Website

Mr. Jim Pollard recently visited the Statehouse to accept the 2007E Government Award for the Town’s website given by the Common Cause, a non-profit, government ‘watch-dog’ group. Mr. Pollard thanked Mr. Tom Rose, webmaster, and Ms. Bernice Brown, Town Clerk. Mr. Pollard stated that communities of many different sizes received this Award. He is most pleased that Scituate was a recipient. Mr. Pollard stated that when he first became a Selectmen six years ago, the Town’s website was dormant. Since that time, a website has been created that is used on a very regular basis. Webmaster Tom Rose stated that the award is really about content and that the website’s content is really a reflection of the participation by Town Hall employees. He thanked Mr. Pollard for really pushing forward on a great website and he further thanked Mr. Vin Kalishes and Ms. Bobbie Maffucci for their input. Ms. Brown stated that the Town’s website is “really a mini course in local government”. Many questions that people have are readily answered on the website. It is very helpful to people and she is glad to be a part of it. Mr. Reidy thanked everyone for their participation and noted that items such as the Financial Forecast and the Mooring List are on the website. Mr. Harris and Mr. Murray also thanked Mr. Pollard and everyone involved with the website.

5. WALK-IN PERIOD

Mr. Tony Vegnani, 98 Chief Justice Cushing Highway, stated that he represents a neighborhood group concerned about the Chapter 40b Herrring Brook Meadow project. His group is concerned that the Town’s Conservation Agent has a financial interest in the project. The Town does not appear to have anyone watching over this process to make certain that proper procedures are followed. Mr. Vegnani stated that the Conservation Commission is made up of volunteers – they really cannot step in. “There is a perceived conflict of interest due to the relationship of the Agent and the project.” In addition, the current Chairman of the Conservation Commission has had to recuse himself from participating at these meetings. Discussion continued on the “walking path going right past this project”. The neighborhood group is asking that (1) the Town assign a person not affiliated with any aspect of the project to oversee it and (2) put a panel in place to review the process and to insure there is no “inappropriate behavior”. Mr. Vegnani continued by saying that “if things have gone wrong, perhaps these people should not be working in Town government any more”. Mr. Vegnani stated that he does not expect the Selectmen to respond to these requests at tonight’s meeting, but perhaps they could be addressed at the Board’s next meeting.

Mr. Norton reminded that the next hearing on this project will be held on April 2nd. He understands the concerns of the neighborhood and their requests, but he also wants to see the process proceed. Mr. Vegnani stated that he is not suggesting that it stop. Mr. Norton stated that the Town cannot “waste any time getting these people in place”. Mr. Murray stated that the Selectmen cannot “control” the Conservation Commission’s meeting, but can request, in writing, that the Commission not close the public hearing on April 2nd. Mr. Harris stated that there have been concerns surrounding this project for quite some time. Mr. Murray stated that Conservation member Mike Clark is the “lead” person on the Commission with the recusal of Chairman Mark Stewart. He believes some of the things going on at Commission meetings on this particular project are “part of a potentially larger issue, ie. conflicts of interest, treatment of citizens and a fundamental loss of confidence in Town government”. Mr. Murray stated that it would be helpful if people who have comments, complaints and specific recommendations to put them in writing, addressed to the Board of Selectmen, within the next week to ten
days. These written documents should address any issues a resident has had with the Conservation Agent and/or the Conservation Commission. Mr. Murray stated that “it is difficult to keep all the information straight”. Mr. Pollard agrees that some residents have “lost faith” in the process and he does not like this negative perception. He continued by stating that the Selectmen understand what is being said this evening and they want to restore faith in the process. Inaccuracies and defamation of character will not be allowed. The Selectmen will come up with a solution. Mr. Vegnani stated that he could only speak to the Herring Brook Run project. He wants to know if his data is “right or wrong”. It was the consensus of the Board to follow up on Mr. Vengnani’s request.

Ms. Gloria Holstein, 11 Martha’s Lane, understands from her attorney that the applicant can ask that the public hearing be closed on April 2nd . She asked that the Selectmen attend the public hearing on April 2nd because the project will have an impact on the entire Town. Ms. Holstein stated that in 2003, the land to be developed was mowed, plowed and planted with winter rye. This same land was transferred to a new owner in 2004. “Winter rye kills off vegetation – wetlands can change”. Discussion continued on the destruction of vegetation and tampering with soils. Mr. Norton asked that Ms. Holstein include this information in her written account of the events.

6. 7:05 PM/ Grant of Location/ Comcast/ Country Way/ Henry Turner Bailey Road

Mr. Dave Flewelling, Comcast Regional Utility Coordinator, was present at tonight’s meeting. Mr. Flewelling explained that Comcast needs to install conduit under Country Way/ Gannett Road in North Scituate due to the Greenbush Line layout. Mr. Harris wanted to make certain that the new sidewalks in the area would not be dug up. Mr. Al Bangert, ombudsman, stated that the sidewalks would not be affected. Mr. Harris asked who will own the equipment being installed? Mr. Flewelling answered “Comcast”. Discussion continued on private equipment being installed in the public right of way and a possible payment to the Town.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT Comcast underground conduit relocation starting at Pole NT at the corner of Gannett Road installing (3) 4” PVC conduits in a southerly direction to a proposed 24” x 36” handhold in the sidewalk. Continuing from the handhold 112’ +/- to a proposed 24” x 36” handhold ending at Pole #941 and in accordance with all conditions set forth by the Department of Public Works. SECONDED by Harris. No discussion. Unanimous vote. (5-0)

7. DISCUSSION/ VOTE/ Conveyance of Land/ Torrey’s Lane/ M. Hayes

Mr. Michael Hayes stated that at the 2005 Annual Town Meeting, the Board of Selectmen sponsored an Article in which the Town relinquished some easement rights
next to the golf course. In the same Article, it was agreed that the resident, Mrs. Riddle,
would deed some property (in the same vicinity) to the Town. The exchange of land would allow Mrs. Riddle and her brother to each build homes. The septic systems for the homes have been approved by the Board of Health and “the engineers are confident that the lot lines do not need to be tweaked”. Mr. Hayes would like to suggest that deed, reflecting these changes, be reviewed by Town Counsel in an effort to move forward. Mr. Reidy asked if this land was the old pit area where Public Buildings and Grounds dumped trees in past years? Yes. Mr. Pollard asked why this has taken two years to be resolved? Mr. Hayes stated that the soil is sandy and it took a while to perc.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the Quitclaim Deed and Plan for the conveyance of land on Torrey’s Lane/ Elaine A. Riddle subject to review of said deed by Town Counsel. SECONDED by Mr. Harris. No discussion. Unanimous vote.

Mr. Hayes wished Mr. Pollard “best regards on this, his last Selectmen’s meeting, and his service to the Town.”

8. DISCUSSION/ VOTE/ Commission on Disabilities (1) MBTA Greenbush Station and
(2) Handicap Parking Signs/ Scituate Public Schools

Mr. Al Bangert, Ombudsman, and members of the Commission on Disabilities, Barbara Donnelly, Chairman, Paige Tobin and Ann Breen, were present at tonight’s meeting. Ms. Donnelly thanked Selectman Murray as liaison to the Commission and to the entire Board of Selectmen for their support of the Commission’s work. She stated that Mr. Jeff Dougan, member of the Commission and employed by the Massachusetts Office of Disabilities was contacted by Mr. Jim Eng, MBTA, who requested a meeting with the Committee prior to the site visit. This preliminary meeting will take place tomorrow. It will really be a “fact finding mission” prior to the site visit. Ms. Donnelly assured that in no way will this initial meeting negate the need for a site visit.

Ms. Donnelly stated that the Commission will be co-sponsoring a Regional Disabilities Meeting at St. Mary’s Parish Center on April 11, 2007 from 12 PM to 3 PM. The meeting will focus on emergency preparedness and Fire Chief Ed Hurley has also been contacted. Mr. Reidy noted that 53 communities have been invited to this meeting. Mr. Norton asked that the Town Administrator direct all appropriate Town personnel to attend this important meeting. Ms. Tobin agreed that this is an extremely important meeting and noted that “it will make sure that things are in place for people with disabilities in the event of a natural or unnatural disaster.”

Ms. Donnelly stated that the Commission has asked the attorney representing Mr. Jack Conway’s reconstruction project at 80 Front Street to attend the next Commission’s meeting. The Commission wants to make certain that the new building is ADA
compliant. The Commission has also been in contact with Sidewalk Committee and
have requested a sidewalk “connector” on the Driftway in the area of North River Road. Mr. Bangert, who also serves on the Sidewalk Committee, stated that this “connector” is on the Committee’s priority list. Ms. Donnelly stated that the Commission will also follow through with the Sidewalk Committee on three other areas of concern.

Ms. Donnelly noted that until recently, the Commission on Disabilities did not have a “link” on the Town’s website, but that will soon be remedied. Mr. Pollard and Mr. Murray encouraged Ms. Donnelly to work directly to work with Webmaster Tom Rose.

Ms. Tobin stated that the Commission has been working on handicap compliance issues with the Inn at Scituate Harbor for a number of years. The Inn’s current owner will add an access ramp and make two guestrooms handicap accessible by the summer of 2007. Mr. Reidy noted that Phase 2 of the accessibility plan ensures access to the restaurant area located in the lower level of the Inn.

Ms. Tobin stated that the gazebo on Cole Parkway also needs to be made handicap accessible. Money that has been collected from handicap parking fines may be used to accomplish this and Officer Dom D’Arcangelo and an Eagle Scout will provide free labor. It is hoped that this project will be completed by this summer, as well.

Discussion continued on the installation of handicap parking signs at the schools. In October 2004, the Commission made a site visit of all the schools and found a number of violations. Subsequently, the Commission met with the School Committee and Town officials in an effort to correct the situation. It was realized that it would be a costly fix and it has not yet been completed. The High School signage is nearly complete. Mr. Agnew stated that he would contact Mr. Mike Breen, Supervisor of the Highway Division, and ask him to finish it up prior to the start of the next school year. Mr. Murray stated that this situation had gone on too long and can be easily solved.

Discussion continued on young, disabled adults having access to the Senior Center’s vans. Mr. Reidy noted the need for Council on Aging van drivers. Van drivers must pass a CORI check and take a one-hour course to be eligible. Mr. Reidy stated that a new elevator will be installed at the Gates Intermediate School this summer. Mr. Norton stated that the Commission on Disabilities does an incredible amount of work that often goes unnoticed. He publicly thanked the Commission for their fine work over the years. Ms. Dobie noted the Town election that will be taking place this weekend. A new voter machine will aid visually challenged individuals in being able to cast their ballots. Mr. Murray encouraged the Commission to attend Selectmen’s meetings on a regular basis to update the Board.

9. DISCUSSION/ VOTE/ PLEDGE OF LIQUOR LICENSE/ T.K. O’Malley’s

Mr. Walter Collins, owner of T. K. O’Malley’s Sports Café, was present at tonight’s
meeting. Mr. Collins explained that a bank would finance the “pledge” of the liquor license. Mr. Norton noted that this is a somewhat common practice. Mr. Reidy asked about T. K. O’Malley’s “discharge” from a prior pledge arrangement. Mr. Collins confirmed that “discharge” had already taken place.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT the request to PLEDGE the Common Victualler’s All Kinds of Alcoholic Beverages License held by McColski, Inc. d/b/a T. K. O’Malley’s Sports Café, 190-194 Front Street, Scituate, Massachusetts to South Coastal Bank, 279 Union Street, Rockland, Massachusetts. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

10. UPDATE/ Logan Airport Citizens Advisory Committee/ G. Banks

Scituate resident, Gary Banks, is serving as the Town’s representative on the Logan Airport Citizens Advisory Committee. Mr. Banks described his background as a pilot in the Air Force and American Airlines. He explained instrument flight rules, noise levels associated with climbing in altitude (more noise) and descending (less noise), radar and other navigation equipment, crosswinds, aircraft paths and patterns, runway numbers and runways that are used according to certain weather conditions. Mr. Banks discussed a three-phase approach to solving the Logan Airport noise problem. On December 5, 2006, the Citizens Advisory Committee (CAC) approved eight (8) alternatives and submitted these to the FAA and Massport. All the alternatives deal with higher altitude flights, thus less noise. The Town of Marshfield is very concerned about runway #27 for arrivals. A new approach for runway #33 was discussed, but Mr. Banks does not believe that runway would be used frequently. The FAA has told the group that it will take them at least a year to review the materials and report back. Mr. Banks also attended a meeting sponsored by Representative Frank Hynes on March 15th. Another meeting will be held in May to discuss the noise impact on the towns of Duxbury and Marshfield. Mr. Banks suggested that more information on this issue may be found on the following website: bostonoverflightnoisestudy.com.

Mr. Norton thanked Mr. Banks for the comprehensive overview. Mr. Murray noted that changing the runway configuration would require a major reconstruction of Logan Airport. Mr. Banks concurred. Mr. Pollard thanked Mr. Banks for his presentation and he is very glad Mr. Banks is so well qualified to represent the Town of Scituate on this matter.

Mr. Norton took a moment of “personal privilege” to note that Jim Pollard’s daughters, Kimberly and Michelle, carried the Selectmen’s banner in the recent St. Patrick’s Day
Parade. He thanked the young women for their participation. Mr. Norton stated that tonight would be Mr. Pollard’s last meeting as a Selectmen, “for now, and it has been a pleasure to serve with you. Your dedication to detail was impressive and I wish you the best of luck. I hope that you will be involved again in the future.” Mr. Pollard thanked Mr. Norton for his words. Mr. Reidy and Mr. Harris also stated that it had been a “pleasure to serve” with Mr. Pollard. Mr. Harris noted Mr. Pollard’s work on the Town’s website. Mr. Pollard thanked the Board members and Kim Donovan, Administrative Assistant, and stated that he had enjoyed working with everyone while serving on the Board of Selectmen. He said that his family has been very supportive of him during this time. He thanked the residents that spoke to him along the parade route and for the recent recognition at Town Meeting. He noted the many volunteers that serve on the many committees, commissions, councils and boards. “The Selectmen relies on its volunteers – a lot of great appointments have been made over the years.”

11. UPDATE/ Driftway Ramp/ Shorewalk/ N. River Commission Meeting/ Conservation
Commission

Mr. Reidy stated that unfortunately no members from the Conservation Commission were able to be present at tonight’s meeting. Member Michael Clark did provide the Board with a summary of issues that are presently before the Commission.

Mr. Murray noted a detailed list of issues relating to the Driftway Ramp, which was submitted by interested residents. He knows that Mr. Clark and Mr. Ivas, consultant, have spoken with the North River Commission regarding jurisdictional areas. Mr. Murray would like to follow up with some questions for the Conservation Commission on this issue. He would also like to view the plans for the new ramp, find out how much dredging would be involved, the width of the ramp and have input from the Waterways Commission. Mr. Murray also has concerns about environmental impacts to this area, scenic views, potential tree removal and the possibility of an additional parking area. He noted that Mr. Clark has detailed that the “next step” would be a “Notice of Intent” submission to the Conservation Commission, ie. “they would sort of be applying to themselves for permission”. Mr. Murray is glad that the Conservation Commission has spoken with the North River commission and that they are continuing to have public hearings on this matter. Discussion continued on this matter coming forward at a Special Town Meeting in the future.

Mr. Norton asked why discussion is moving forward on a new ramp when the current ramp will start to be used by boaters in the next month or so? Is the current ramp operable or inoperable due to cement blocks? Mr. Murray stated that the current ramp is operable, but there is still no turnaround area as of this date. He continued by stating that a resident has offered to move the blocks for free. There seems to be a mutually agreed upon plan in place that would reconfigure the blocks and allow space for a turnaround, but Mr. Clark has put the “brakes on” Mr. Murray’s suggested “timeline”. Mr. Murray
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stated that he brought up this topic at the last Conservation Commission meeting and everyone seemed to be “on the same page” at that time. Since that meeting, Mr. Clark and Mr. Stewart (Conservation Commission members) have said that they “will handle the blocks and that they are under the ‘care and custody’ of the Commission”. They said they did not need any assistance. Mr. Murray hopes this is “on track”, but noted that the blocks were installed ten hours after a Board of Selectmen’s meeting some months ago and without any permitting “to the best of my (Murray’s) knowledge”. Mr. Murray does not know what the hold up is and “it can be done for free”.

Mr. Norton asked how this will proceed? Mr. Murray stated that Mr. Clark has told him that he will contact FedCorp about moving the blocks. Mr. Reidy expressed some concern after reading Mr. Clark’s summary. Obviously, some clarity is needed from Mr. Clark on this issue. Mr. Reidy would like to see the current ramp open to the public this spring. Mr. Norton has questions regarding the “care and custody” of this ramp area. The Selectmen “owe it to the residents that were willing to postpone their Article at Town Meeting to make certain this ramp is open this spring”.

Mr. Stephen Smith, resident, spoke about Massachusetts General Law and the custody and control of this property. Mr. Reidy noted that discussion regarding this very issue seems to be ongoing and perhaps the Board needs to again ask for Town Counsel’s advice on this. Mr. Murray expressed dismay that discussion is centering around “care and custody” again. He feels that this ramp is not a big issue and can be easily solved. Mr. Murray stated that he “has taken a lot of heat on this and been accused by some members that I have intruded on their territory. That is not my intent and I want to solve this problem”. Mr. Smith stated that he has offered to bring his truck and trailer to the site to insure the proper turning radius in the turnaround area. He likes to use the current ramp all winter long, but cannot use it right now because of the blocks. Mr. Brad White, Marshfield resident, stated that the blocks are now installed below the mean high water mark. He further stated that the current placement of the blocks represents a navigational hazard. Mr. White stated that the person offering to move the blocks for free is “extremely well qualified”. Discussion continued on how the “mean high water mark” is determined. Mr. Craig Rosenquist, Ramp Committee, expressed disappointment in not being able to discuss the ramp issue with the Conservation Commission tonight. He is unclear as to what Mr. Clark wants to do. Mr. Murray noted a “target date” of May 1st that was submitted by Mr. Clark.

Mr. Murray stated that he would draft a memorandum to Town Counsel to get specific questions answered. He will find out whether the land is in care and custody of the Board of Selectmen or the Conservation Commission and if a Town Meeting vote decided it. Ms. Kathy Donahue, Cushing Landing, noted that the new ramp schematic presented to the Community Preservation Act Committee was for a “freshwater ramp”, which is not

accurate. Parking, dredging and enforcement issues were discussed. Mr. Murray asked Ms. Donahue to put her points in writing to the Board. Boat size and resident and non-resident use was also discussed.

Ms. Gloria Hollstein, 11 Martha’s Lane, stated that recently the southerly portion of the railroad right of way was flagged for wetlands. She wants to know what the cost to the Town will be for this project. Mr. Reidy also wants to know where these monies are coming from when he was told that the Shorewalk would only go from Dunkin Donuts on the Driftway to the Driftway Park. Mr. Murray believes the flagging may have been done with Community Preservation Act money. Mr. Norton cautioned that the Town needs to take a “long look” at monies being spent – “the Town is facing an override”. He does not feel that the Board has been fully informed about the Shorewalk project. Ms. Hollstein asked if a public meeting could be held on the Shorewalk project? Mr. Murray stated that the Conservation Commission had held several public hearings on the various components of the project. He agrees that it is difficult to understand how it will all fit together. Perhaps all the components should be discussed during one meeting. Mr. Reidy noted that the Shorewalk’s 70% design drawings will become available this week according to Mr. Clark’s memorandum.

Mr. Smith stated that he and his group do not care about the new ramp, they just want to use the old ramp. Mr. Norton stated that if the old ramp situation is corrected, there may be no need for a new ramp. Discussion continued on the high tide issues near the southerly portion of the old railroad right of way.

12. DISCUSSION/ VOTE/ Sidewalk Committee/ A. Bangert

This item will be postponed until April 10, 2007. Mr. Pollard was thanked for his involvement with this Committee.

13. VOTE/ DRAINLAYER’S LICENSE RENEWAL

Mr. Norton made a MOTION that the Board of Selectmen VOTE to RENEW the Drainlayer’s License for Paul J. Laugelle d/b/a Laugelle & Sons. SECONDED by Mr. Murray. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote.

14. ACCEPT RESIGNATION/ Recreation Commission

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Christopher Wood from the Recreation Commission and further that the Board thank Mr. Wood for his many years of dedicated service to the Commission and the Town of Scituate. SECONDED by Mr. Murray. No discussion. Unanimous vote. (4-0) Mr. Harris was not present for the vote.

15. OTHER BUSINESS

Mr. Reidy stated that an Eagle Scout candidate and Mr. Dom D’Arcangelo are working on bringing the Cole Parkway bandstand “up to code”. A minimum amount of funds are needed to replace the railings and rotting steps.

Mr. Pollard attended a recent Plymouth County Advisory Committee meeting. He also encouraged residents to vote this coming Saturday. There are some very important issues facing the Town.

Mr. Murray noted a program outlining a summary of the override issues on Channel 22. Ms. Barbara Lydon and Ms. Tracy Kiddie worked on the video.

Mr. Bangert discussed the various amounts of remaining MBTA mitigation money. Discussion on the possibility of some of those funds being used for future sidewalks.

Mr. Bangert stated that the MBTA supports the idea of the “T” transferring money over to be spent in North Scituate in lieu of the more expensive fencing. If all the towns “sign on” to the less expensive fencing, then it will go forward. If one group does not, then it will fail. Mr. Murray asked for clarification on the type of fencing. Discussion continued on fence maintenance, which would be the MBTA’s responsibility.

16. CORRESPONDENCE – None

17. MINUTES – None

18. ADJOURNMENT

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 10:10 PM. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

Paul T. Reidy, Chairman

Joseph P. Norton

Shawn Harris

James E. Pollard

Richard W. Murray

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant