BOARD OF SELECTMEN

JANUARY 16, 2007

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

Richard H. Agnew, Town Administrator

Press: Patriot Ledger, Scituate Mariner

1. The meeting was called to order at 7:05 PM.

2. ACCEPTANCE OF AGENDA

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for January 16, 2007. SECONDED by Mr. Pollard. Unanimous vote. (4-0)

3. JOINT MEETING/ Selectmen, Conservation Commission, Planning Board, Zoning
Board of Appeals

Mr. Reidy explained that the joint meeting between the various groups was called due to concerns raised by the Board of Selectmen regarding the following two items: (1) $245,000 in fines levied on the MBTA by the State relating to the Greenbush Project and (2) $100,000 offered by Mr. Steve Warner, (Front Street development) in terms of mitigation funds. The overall process by which funds for the Town are received, allocated, donated, etc. needs to be examined. Mr. Clark, Mr. Conway, Mr. Stewart, Mr. Snow, Mr. Bleakie were present from the Conservation Commission. Mr. Fenton was present from the Planning Board and Ms. Harbottle, Town Planner, was also present. Mr. Reidy first spoke about the $245,000 and where it was supposed to be allocated – the Town (in general) or the Conservation Commission. Initially, Mr. Clark and Mr. Kalishes received permission from the Town Administrator to attend a meeting with the State and to generate a Driftway Access Plan for which the $245,000 would be used. Mr. Agnew stated that Governor Romney vetoed the funds prior to leaving office. Present Governor Patrick re-instated the funds. The State then submitted new paperwork based on the “scope of services” that had been submitted by the Conservation Commission. Mr. Reidy stated that the Selectmen had other issues in mind for this money such as sidewalks and fencing for the train. Mr. Stewart stated that he feels that two things are going on with regard to the funding: (1) strategic planning issue and (2) tactical issue. He feels that perhaps some “miscommunications” regarding how the $245,000 would be used may have occurred. He does know that the Town has the opportunity to utilize the $245,000 prior to June 30, 2007 or it will be lost. He would really like to see this matter resolved. Mr. Conway stated that the only reason the Town has this money is because a fine was levied against the MBTA’s contractor due to a wetlands issue in the Greenbush area. If this money were coming to the Town, why wouldn’t it go towards a

Conservation project? Mr. Reidy again voiced the Selectmen’s concern over the money “getting pigeonholed” into one particular project. Mr. Conway feels that the “good news” is that the Town has the money. Mr. Reidy asked if the money could be used in another way? Mr. Clark stated that when he attended the aforementioned meeting with the State in August 2006, language had already been approved for a “pilot transportation program”. Subsequently, a contract was issued based upon the “scope” submitted by the Conservation Commission. He believes an “amended scope” could be submitted. Discussion continued on a memorandum written by Mr. Reidy earlier this month asking that no one from the Town contact either the State House or Town Counsel without permission from the Board of Selectmen. Mr. Reidy has learned that a member of the Commission has contacted the State House in the last ten days. Mr. Norton stated that the Town will certainly keep the money, but it was unfortunate that it was earmarked for a pilot transportation project. This designation seems to have eliminated all other options. The Selectman want to put a system in place so funding of this type is not earmarked for a specific project. Mr. Reidy asked about wetlands flagging in this area? Mr. Clark stated that flagging was recently done in the area of the Driftway Parking Lot and the old rail bed area in regard to the Shorewalk project. The original Shorewalk project was presented to the Community Preservation Act Committee quite a while ago. The anticipated heightened activity in Greenbush with the coming of the train makes this a “unique opportunity to turn the Driftway into a gateway to Scituate”.

Mr. Harris believes that both the Commission and the Selectmen deserve the credit for obtaining these funds. He is in favor of applying for a change in use of the funds, however. Mr. Agnew understands that a “notice of a project change” can be submitted to the State. In terms of the project’s expiration date of June 30, 2007 – the only way that date can be changed would be for Representative Hynes and Bradley to change it legislatively to the following year. Mr. Harris stated that if this money is earmarked only for use on the Shorewalk, he is not interested. This money is needed elsewhere in Town – especially for sidewalks.

Mr. Fenton agrees with Mr. Norton that the Town needs to prioritize funding opportunities such as this. He also believes that developers should be asked to make mitigation efforts, as well. He does not believe, however, that the $245,000 should be turned back to the State. It was noted that the Shorewalk portion of the Community Preservation Act was voted affirmatively at Town Meeting. Mr. Fenton noted that the Driftway is considered a “priority area” in the Town’s Master Plan. Discussion continued on how the money was earmarked for this project. Mr. Norton stated that in hindsight, the Selectmen should have been “at the table” when decisions were made on how the money would be used. He believes the designated project should go forward at this time because it would be very difficult to write and get an amendment approved at this late date. Mr. Norton asked, however, that if funding becomes available in the future that all the groups sit down together to determine how it could best be spent.

Mr. Reidy asked for more information on the Shorewalk. Mr. Clark noted both its recreational use and its use for train commuters who will be able to gain access to the Harbor area. The Commission has spoken to the Planning Board about this project and they believe it has a lot of merit – “it is more than just a public access trail”. Mr. Clark stated that when the money becomes available, “we are ready to get going”. He does understand that in the future, funding will be subject to a prioritization process. Mr. Reidy agreed that there is nothing that can be done about changing the scope of this project at this time. Mr. Stewart thought that tonight’s meeting was to determine “how to move forward – not to dig in and say who is to blame”. Mr. Clark stated that the $100,000 offered in terms of mitigation was offered by Mr. Warner – it was not requested by the Commission. Mr. Warner wanted to do something for the Town. Mr. Pollard asked for clarification on the $100,000. It is his understanding that Mr. Warner’s project is located in the Harbor and the $100,000 will be spent on the Driftway? Mr. Pollard reminded that there are many other projects in Town that need to be considered. Mr. Fenton believes the Town has an “insufficient pedestrian network”. He noted that the existing “sidewalk network” on Front Street is “pretty good”. It was thought the mitigation money could be offered to the Commission for an “off-site” project. Mr. Conway stated that the Commission has spoken to developers over the past couple of years about “off-site mitigation”. He gave Mr. Kalishes credit for the “whole walk system”. The Commission understands that the “bigger picture” needs to be looked at for the entire Town. We need a Town-wide plan. Mr. Reidy stated that when the Selectmen found out about offerings of mitigation monies, it contacted Town Counsel. Town Counsel has determined that this type of practice is illegal. Mr. Conway disagreed. Mr. Reidy stated that “if there is not distinct correlation between a project and what needs to be done, it could be construed as extortion”.

Mr. Pollard suggested that a Town-wide policy be put in place that boards, commissions, councils, etc. would not even entertain offers of money of this sort. This location jumps from a development on Front Street to mitigation work done on the Driftway. Mr. Norton reminded that these are days of many controversial projects and a general discussion must take place as to whether mitigation offers of this kind should be accepted. Is the Town walking a “thin line” that could be perceived as something less than goodwill? Mr. Fenton stated that “there are models in other communities that are legal. The way to do it is per $1,000 developed – this is your impact fee. Codify it. Some places within our Commonwealth do this already.” Mr. Norton stated that some people will call it an impact fee and others will call it a bribe. Ms. Donna Chisholm, Planning Board member, stated that the Planning Board did not discuss the $100,000 mitigation offer until its last meeting and a vote was taken that same night. Mr. Norm Paley noted that there are impact fees nationwide and they are especially prevalent in the state of Florida. Public safety and schools are impacted. He does not understand how a river walk fits in. Mr. Fenton stated that the roads are a massive impact to the Town and on the same list as police, fire and schools. Roads tend to be the neglected in most communities. Ms. Gloria Holstein, Martha’s Lane, believes an offer of this kind is a

form of bribery. Mr. Clark stated that the order of condition that pertains to this project has been appealed. The Community Preservation Act money does not take the $100,000 into account. He feels that the $100,000 is a way for Mr. Warner to “give back” to the community. He takes offense that people might think that the Commission is taking bribes. Mr. Norton does not think it is a bribe, it may have the “appearance” of a bribe. Mr. Stewart suggested that a “working group” be formed to develop a policy on this issue. Mr. Agnew reminded that the Selectmen need to direct the Town Administrator to sign the contract with the State for the $245,000.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to DIRECT the Town Administrator to sign the contract with the State for $245,000. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0)

Mr. Reidy noted that if the $100,000 item is under appeal – it can be heard another day. Mr. Clark stated that the Commission can amend their “orders” and “give the money back”. Discussion continued on the “make up” of a working group to set policy. Clarification on the location of the Shorewalk from the train station: Dunkin Donuts to the Driftway Park boat ramp.

6. DISCUSSION/ VOTE/ FY2008 BUDGET & 2007 ATM ARTICLES

Mr. Norton suggested that discussion on the FY2008 School Budget be postponed to a future meeting. All concurred.

Article 2 – Compensation of Town Clerk

Mr. Agnew stated that the figure of $54,078.00 represents a 3% salary increase for the Town Clerk.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 2 – Compensation of the Town Clerk for $54,078. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0)

4. 7:30 PM/ WALK-INS – None

5. UPDATE/ SEWER EXPANSION/ CLIFF AREAS/ Weston & Sampson

Mr. Steve Pedersen and Mr. Francis Yanuskiewicz, Weston & Sampson, were present at tonight’s meeting. Mr. Norton requested that this item be on the Agenda this evening. He feels the delay in getting First and Second Cliffs sewered is “disgraceful”. Approximately ten months of construction time has been lost apparently due to

engineering delays. No work has occurred in these areas for approximately ten months. The Cliff residents have already started to pay their sewer assessments. Mr. Norton would like to hear an explanation on the delay from Weston & Sampson. Apparently the Edward Foster Road Bridge has presented problems for the engineers, but the delay has created a “giant effect on the residents in terms of time and finances”. He understands that FedCorp is the contractor on this project and the Department of Public Works has said that the delay is not their fault. Mr. Norton believes that any problem with the Bridge should have been solved in the first design package. Mr. Pedersen agreed that the entire project had been “stalled” by problems with the Bridge. The Contractor was “supposed to meet the Bridge loads, but they did not realize the magnitude and what poor shape the Bridge was in”. Mr. Pedersen stated that “probably a more thorough structural analysis of the Bridge needed to be done prior to going out to bid.” Mr. Norton responded “that is as close to an answer that makes any sense” that he has received thus far. Mr. Harris asked if Weston & Sampson does work prior to the contractor coming in? Mr. Pedersen answered “yes”. Mr. Harris whose responsibility it was to get the equipment over the Bridge? Mr. Pedersen answered “FedCorp”. He continued by stating the FedCorp originally came forward with a temporary bridge idea. That concept was found not to be feasible and the cost was very high. Mr. Harris believes a performance bond should have “kicked in” on this particular situation – it seems like the Town is paying for this mistake. FedCorp has told Mr. Harris that they did not have the information that the Bridge was in bad shape. Initially, the lack of information would not have been a problem if a temporary bridge had been installed. Mr. Pollard asked why the Town would be paying for Bridge repairs if the engineer and the contractor did not realize there was a problem? Mr. Pedersen stated that they realized the Bridge would delay the project, but the Town will now have a usable Bridge. Mr. Reidy asked why Cliff residents have to pay sewer betterment charges in advance of receiving the service? No answer was recorded. Mr. Reidy asked if the structural engineer from Massachusetts Highway would be visiting the site? Mr. Pedersen stated that the Massachusetts Highway has already “signed off” on the Bridge plans. Mr. Reidy asked if the new Bridge plans allow for an increased weight limit? Will the Town be able to get its Fire Department’s ladder truck safely over Bridge? Mr. Agnew stated that Massachusetts Highway will not change the Bridge’s weight limit until the project is complete. Once the sewer expansion work is complete, they will look at what damage might have been done to the Bridge and the Bridge will then be re-evaluated.

Mr. Reidy expressed concern regarding the overall appearance of the Bridge after the project is complete. Should the Town be holding FedCorp responsible? Mr. Pedersen stated that “they (FedCorp) own the repairs to the Bridge until they are out of there”. Mr. Reidy asked Mr. Pedersen if he knows the rating for the Bridge? Mr. Pedersen answered that he was “not certain”. Mr. Norton understands that work on the pump stations will start very soon, weather permitting. He also understands that pipe will start to be laid by March 1, 2007, weather permitting. Mr. Pedersen expects that all the piping will be

complete on Second Cliff by the end of May 2007. The piping on First Cliff will be complete by the end of July 2007.

6. DISCUSSION/ VOTE/ FY2008 BUDGET & 2007 ATM ARTICLES

Article 33 – School Bus Revolving Fund

Mr. Agnew stated that this is a yearly, Annual Town Meeting article for $300,000. Mr. Reidy asked what happens to any leftover funds from this Article. Mr. Agnew stated that they are send back to the General Fund. The money is used solely for transportation. Mr. Harris asked if the money could be used for purchasing buses. Mr. Agnew answered “no, it is not enough”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 33 – School Bus Revolving Fund. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Article 13 – Conservation Fund

Mr. Agnew stated that this is also a yearly article. A portion of the money goes towards maintaining the Driftway Park and the balance is placed in the Conservation Fund. Mr. Pollard asked for the dollar amount currently in the Conservation Fund. Mr. Agnew answered “approximately $48,000”.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 13 – Conservation Fund. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Article 14 – Council on Aging – Revolving Fund

Mr. Agnew stated that this revolving fund may not exceed $35,000 and is for programs only. Mr. Reidy asked if the funds can be used to pay van drivers? Mr. Agnew answered that if can if the driver is transporting seniors to an event.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 14 – Council on Aging – Revolving Fund. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0)

Article 19 – Paratransit

Mr. Agnew stated that this article is for $40,000 and to be used exclusively for medical transport. The MBTA reimburses the Town at fifty percent. Mr. Reidy asked if the MBTA reimbursement would stop when the train comes to Town? Mr. Agnew answered
that it probably would end at that time. A program called “The Ride” will come to Town with the train, but it (The Ride) has received a lot of criticism over the years.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 19 – Paratransit. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0)
Article 16 – Board of Health – Revolving Fund

Mr. Agnew stated that this revolving fund may not exceed $7,000 and is to be used to pay the inspector of food establishments.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 16 – Board of Health – Revolving Fund. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Article 15 – Planning Board – Revolving Fund

Mr. Agnew stated that this fund covers expenses such as postage, advertising and other administrative expenses. The monies in this fund come from fees and if it goes over $10,000, the excess goes into the General Fund.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 15 – Planning Board – Revolving Fund. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0)

7. DISCUSSION/ VOTE/ SEWER/ J. Conway Building/ Front Street/ W. Sullivan

Attorney Walter Sullivan, Sr. and Mr. Paul Mirabito, Engineer, were present at tonight’s meeting. Mr. Sullivan stated that currently, the three buildings at this location are attached to Town sewer and there are two associated water connections, as well. He stated that he provided an analysis to the Board in October 2006 indicating that an additional 105 gallons per day of flow would be necessary for the additional two floors indicated in the plan. The Water Department calculated that 1,000 gallons of water is used per day between the two buildings. Two of the floors are for business use only – not residential use. Mr. Harris understood that the original plan put forward included residential use? Mr. Sullivan stated that Mr. Conway later decided that the building would be office and retail space only. There would be the existing floor and two floors above – the top floor will be set back. Mr. Reidy confirmed that the residential, rental units would now be office units. Yes. Mr. Reidy asked if parking would be an issue? He (Reidy) referred to the minutes from the October 2006 meeting where this development was discussed. Mr. Sullivan believes there will be less of a parking impact now, but that will be up to the Zoning Board of Appeals to decide. He stated that it will be a similar situation to that of the CVS building – they rely on Cole Parkway parking. Mr. Norton
has concerns about increasing any amount of gallonage to non-resident situations. There are hundreds of residents waiting for sewers and relief. There is a problem with increasing the capacity of non-residential use at the expense of residential use. Mr. Sullivan noted the building was a restaurant in the past. Historically, that was a much higher usage of sewer. Mr. Norton believes we need to stick with present times. Mr. Pollard asked why Mr. Conway changed his plan from residential to commercial space? Mr. Sullivan noted that Mr. Conway has had “better luck” with commercial tenants than residential tenants. Mr. Pollard would like to see some more detailed reports on water usage from Mr. Babin. Mr. Harris supports the business use idea, but also expressed concern about residents still waiting for sewer. Mr. Reidy asked if this plan had been presented to the Planning Board? Mr. Sullivan answered “not yet, Mr. Conway wants to find out about the sewer aspect first”. Mr. Reidy wonders if this plan will “fit it” with what the Design Review Committee is doing with Front Street. He would feel more comfortable voting after the Planning Board and the Zoning Board of Appeals “weigh in” on this plan. Mr. Pollard noted that the Selectmen have asked applicants to come to this Board first. Can the Board say it agrees “in principle” and the applicant should now move forward to the other boards? Mr. Sullivan is uncertain what the reaction from the other Boards will be if the Selectmen have not already made a decision. Could the Board make their vote conditional? Mr. Pollard noted that the water and sewer for the new building is very close to what is currently used at this location.

Mr. Pollard made a MOTION that the Board of Selectmen VOTE to APPROVE water and sewer hook-ups for the new Conway Building, 82 Front Street, PENDING the approval of other Town Boards and Commissions. SECONDED by Mr. Harris. Discussion – Mr. Reidy wants to make certain that the building has separate water meters. Mr. Norton stated that he would vote against this motion. The Selectmen’s office recently received petitions from two neighborhoods requesting sewer. No further discussion. Mr. Pollard, Mr. Harris and Mr. Reidy voted “yes”. Mr. Norton voted “no”. The motion carries. (3-1)

8. PRESENTATION/ The River Club/ Border Street/ W. Ohrenberger

Mr. Reidy stated that as applicants are coming forward with different projects for the Town, the Selectmen have asked them to approach this Board first. The River Club’s Border Street project represents one such application. Attorney William Ohrenberger, Attorney Jeffrey DeLisi, Robert Warner, Matthew Warner,Gary Gardiner, architect, and Paul Mirabito, engineer, were present at tonight’s meeting. Mr. Ohrenberger stated that the proposal for The River Club property, formerly the Golden Rooster, is to turn it into a 50 years and older, gated community with housing, a lap swimming pool and “gathering” center. It would be called Gulph River Reserve. Quite a bit of information on the proposed development has already been brought to the Planning Board, Design Review Committee and Traffic Rules and Regulations. Mr. Ohrenberger spoke of the Warners involvement with elder care when they built Ocean Manor in the 1970’s. Five units of
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the proposed development would be “affordable units” with preference being given to Scituate residents, former Scituate residents and parents or children of Scituate residents. All septic would be handled on site. Mr. Gardiner, Sheskey Architects, stated that the project is actually “smaller than the neighborhood it is going into”. Scituate is a Town where larger buildings co-exist with single-family homes. The Lawson estate serves as a good model. Mr. Gardiner described the plan shown to the Board and audience and the site itself. The current restaurant utilizes a “totally rebuilt septic system”, which is really like a “treatment plant”. There is no need for offsite sewer. This system will work for the forty-eight, residential condominiums. It is one, “L” shaped building and a couple of town houses. Most of the parking would be located below the building and twenty-four parking spots would be “open to the air”. Some ideas for the development were borrowed from the Dreamwold estate. The buildings will have gambrel roofs and traditional, external materials. The existing stonewall that runs along Border Street will stay, as will most of the trees and the existing driveway. The Clubhouse will be one and one half stories high, cape design consisting of one large, open room, a small kitchen, bathrooms and a lap pool.

Mr. Ohrenberger believes the demographics for this proposal “seem to fit Scituate”. It would increase the tax base, will not stress the Schools and has an affordable housing aspect. Mr. Harris thanked the group for attending tonight’s meeting. He asked how the neighbors on Border Street felt about this idea? Mr. Ohrenberger stated that the Warners invited neighbors to a meeting about the proposed development and approximately ten to twelve neighbors attended. Mr. Harris commended the Warners on holding such a meeting. Mr. Robert Duncan, 44 Border Street, stated that the neighborhood is only beginning to understand what this development will mean. The general feeling among the neighbors is that the development will be injurious to the environment. Many more concerns will be brought forward at the Zoning Board of Appeals meeting later this week. Mr. Harris asked how many people the existing restaurant seats? Mr. Ohrenberger answered “264 and up to 350”. Mr. Duncan asked about the existing, two-family home on the site? Mr. Ohrenberger stated that the home would be eliminated. Mr. Reidy stated that this application will go through the process with various town departments, which is a “fair and equitable process”. Mr. Duncan noted that the new septic system on the property has caused drainage issues in that area. Mr. Agnew noted that Border Street has always had drainage problems. Projects going before the Planning Board, Zoning Board of Appeals and the Department of Public Works will also be reviewed for possible drainage work. The Selectmen thanked the group for their presentation this evening.

9. DISCUSSION/ VOTE/ FY2008 BUDGET & 2007 ATM ARTICLES (continued)

Article 1 – Compensation of Certain Elected Officials

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 1 – Compensation of Certain Elected Officials. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Article 3 – Free Cash

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 3 – Free Cash. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Article 11 – Stabilization Fund

Mr. Pollard asked how much money is currently in this Fund? Mr. Agnew answered approximately $1.9 million. Mr. Pollard asked how high the fund had ever gone? Mr. Agnew answered approximately $2.5 million.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 11 – Stabilization Fund. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (4-0)

Article 12 – MGL Chapter 91 Liability

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 12 – MGL Chapter 91 Liability. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Mr. Agnew reviewed a page of proposed “cuts” to the Town side’s budget. After completing all budgets, the Town side is over budget by approximately $450,000. Mr. Agnew stated that he does not like any one of the recommended cuts. He tried to limit the number positions that would have to be eliminated. Mr. Agnew reminded that the Board does not need to make any decisions on these cuts this evening, but he encouraged them to carefully look at the list. As an example, he noted a cut of $100,000 in overtime for the Fire Department. This will mean that there will be certain times when a station cannot be manned. One person cannot man a station. Mr. Pollard asked about staffing at the Humarock Fire Station. Mr. Agnew responded that it is manned twenty-four seven by two employees. Mr. Pollard asked if there are any unfilled positions in the Fire Department? Mr. Agnew answered “no”. Mr. Pollard asked if any cuts were made to the Department of Public Works personnel? Mr. Agnew answered “yes, the Grounds Division”. Mr. Pollard asked Mr. Agnew how he came up with the $450,000 figure? Mr.

Agnew stated that it was based on what has been voted to date and the Town’s percentage of 33%. Cuts will need to be made unless there is an override. Mr. Harris asked about the position on the Police Department? Mr. Agnew that it is a position that was never filled. Discussion continued on the elimination of one Police cruiser. Mr. Reidy asked if the Town will have proper coverage if a Police officer’s position is not filled and overtime is reduced? Mr. Agnew stated that there would be problems.

10. OPEN & CLOSE SPECIAL TOWN MEETING WARRANT

Mr. Norton made a MOTION that the Board of Selectmen VOTE to OPEN the March 3, 2007 Special Town Meeting Warrant at 9:18 PM and CLOSE said Warrant at the adjournment of tonight’s meeting. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

11. VOTE/ DRAINLAYER LICENSE RENEWAL

A memorandum from Mr. Robert Rowland, Supervisor of the Wastewater Treatment Plant, recommends that the Board not renew a drainlayer’s license for Bianco Construction.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to DENY a drainlayer’s license renewal for Bianco Construction. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

12. VOTE/ ANNUAL LICENSE RENEWALS

Mr. Harris made a MOTION that the Board of Selectmen VOTE to RENEW the following Common Victualler’s Licenses for 2007: Ronnie Shone’s General Store, Coffee Corner, Harbor Scoops and Dad’s Place. SECONDED by Mr. Norton. No discussion. Unanimous vote. (4-0)

13. OTHER BUSINESS

Discussion regarding the MBTA assessment and the fact that it has been going down for the past four or five years. It is currently at $112,000. Mr. Norton is concerned that the MBTA will re-assess Scituate when the train comes and the figure will be closer to $600,000 to $700,000 a year. Ms. Gigi Mirarchi from Representative Frank Hynes office doubts the assessment will go that high, but she will check on it.

Mr. Norton noted that the Mad Fish group in Humarock will need to start the liquor license transfer application process again due to recent personnel changes within their organization.

Discussion on late night train service. Discussion on the proposal for a new runway at Logan Airport and an important meeting on January 17, 2007 on this topic.

Mr. Harris asked about the food and beverage contract at Widow’s Walk Golf Course. Mr. Agnew will be speaking to the Golf Committee about the contract next week.

In late December, Mr. Reidy asked for an update on the TOD grant. Mr. Agnew stated that he had spoken to Town Counsel about the TOD grant and they had not gotten back to him. Mr. Reidy does not want the Town to accept any monies from that grant until it gets a response from Town Counsel. Mr. Agnew will follow up.

Mr. Pollard stated that he would be attending a meeting at the South Shore Regional School tomorrow evening regarding their budget for the upcoming year.

Mr. Bangert gave the following update on the Greenbush train project. Discussion on open train station platforms versus one quarter of a platform covered by a shed roof. The cost to install a traffic signal at the hill on Beaver Dam Road will cost the town $125,000 to $175,000. A traffic firm will have to be hired if the Town wants to move forward on this project. Mr. Norton believes the Town may want to hold off on this idea for right now. Mr. Reidy has great concerns about this hill in bad weather – a bus could slide on to the track. Money could be taken out of the Streetscapes Fund to have an engineer look at this site. The Board concurred that an engineering firm should be hired and a proposal should be generated.

Discussion on the three-way stop at the end of Stockbridge Road and the fact that the controls are very high up in the air. Mr. Agnew believes an engineer should look at that site, as well.

The 90% design plans for a bridge that will span Bound Brook in North Scituate have arrived. Mr. Bangert has asked Town officials to look at the plans and to get back to him.

Mr. Pollard noted a culvert located on Old Country Way that is part of the Capital Plan. This may be in conflict with the MBTA’s plans for the area. Mr. Agnew will check this out with Mr. Antoniello, Director of the Department of Public Works.

14. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of January 17, 2006. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (3-0) Mr. Norton was not present for the vote.

15. CONSIDERATION/ PURCHASE/ EXCHANGE/ LEASE VALUE OF REAL
PROPERTY ( Executive Session)

The Board of Selectmen entered Executive Session via roll call at 9:47 PM and did not return to Regular Session this evening.

16. ADJOURNMENT

The Regular Session was adjourned at 9:47 PM.

BOARD OF SELECTMEN

Paul T. Reidy, Chairman

Shawn Harris

Richard W. Murray

Joseph P. Norton

James E. Pollard

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant