BOARD OF SELECTMEN

JUNE 10, 2008

Present: Richard W. Murray, Chairman; John F. Danehey, Shawn Harris, Anthony V. Vegnani

Richard H. Agnew, Town Administrator

Press: Scituate Mariner, Patriot Ledger

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

Mr. Murray stated that Mr. Norton was out of town on business and would not be at tonight’s meeting.

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for June 10, 2008. SECONDED by Mr. Harris. No discussion.Unanimous vote.(4-0)

There were no walk-ins this evening.

3. DISCUSSION/ VOTE/ BOND BAN/ J. Lepardo

Ms. Jane Lepardo, Treasurer/Collector, was present to explain the results of three bond sales today. The first bond was for $6,753,000. There were nine bidders and Eastern Bank Capital Markets came in with the low percentage rate at 3.626373%. There were two, short-term bond sales of General Obligation Bond Notes. $2,330,000 went to Sovereign Securities Corporation, LLC at 3% and $329,000 to First Southwest Company at 4% for the Marine Park Project. Mr. Vegnani asked if the premium is netted into the interest on the first note? Ms. Lepardo answered “yes”. Mr. Vegnani noted that the Financial Forecast Committee had projected higher interest rates and it is “wonderful” that Ms. Lepardo was able to get these lower rates. Ms. Lepardo explained “tax exempt” monies. Mr. Murray asked if the bond for the Marine Park Project “looks forward or looks back”? Mr. Agnew stated that it “looks forward, but it has not been completely resolved”. Ms. Lepardo stated that she, Mary Gallagher (Town Accountant) and Rick Agnew (Town Administrator) participated in a telephone interview with Moody’s Investor Services today. The interview went well and the Town has maintained its Bond rating of Aa3, which is very good. Mr. Vegnani thanked Ms. Lepardo for presenting a detailed analysis.

Mr. Vegnani read the following MOTION into the Minutes: I, the Clerk of the Board of Selectmen of the Town of Scituate, Massachusetts (the “Town”), certify that at a meeting of the board held June 10, 2008, of which meeting all the members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the board in my custody:

Voted: that the sale of the $6,753,000 General Obligation Municipal Purpose Loan of 2008 Bonds of the Town dated June 15, 2008 (the “Bonds”), to Eastern Bank Capital Markets at the price of $6,822,562.07 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:

Interest Interest
Year Amount Rate Year Amount Rate

2009 $918,000 3.00% 2016 $ 320,000 3.50%
2010 885,000 3.00 2017 285,000 3.75
2011 860,000 3.00 2018 270,000 4.00
2012 405,000 5.00 2019 235,000 4.00
2013 395,000 3.25 2020 235,000 4.00
2014 395,000 3.50 2026 1,230,000 4.10
2015 320,000 3.50

Further Voted: that the Bonds maturing on June 15, 2026 (a “Term Bond”) shall be subject to mandatory redemption or mature as follows:

Bond due June 15, 2026

Year Amount

2021 $235,000
2022 235,000
2023 230,000
2024 210,000
2025 160,000
2026* 160,000
* Final Maturity

Further Voted: to approve sale of a $2,330,000 3.00 percent General Obligation Bond Anticipation Note, Series A of the Town dated June 19, 2008, and payable June 19, 2009(the “Series A Note”), to Sovereign Securities Corporation, LLC at par and accrued interest plus a premium of $26,422.20.

Further Voted: to approve the sale of a $329,000 4.00 percent General Obligation Bond Anticipation Note, Series B of the Town dated June 19, 2008, and payable June 19, 2009 (the “Series B Note”, together with the Series A , the “Notes”), to First Southwest Company at par and accrued interest plus a premium of $658,000.

Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated May 28, 2008, and a final Official Statement dated June 10, 2008, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed approved and adopted.

Further Voted: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.

Further Voted: that the maximum useful life of the departmental equipment listed below to be financed with a portion of the Bonds authorized by the votes of the Town listed below is hereby determined pursuant to G.L. c.44, section 7(9) to be as follows:

Amount to be Maximum Useful
Equipment Borrowed Vote of Town Life

Fire-Rescue/Pumper $357,000 March 5, 2005 12 Years
And Fire Vehicle (Article 4, Item 5)

DPW – Two Dump $160,000 March 5, 2005 8 Years
Trucks (Article 4, Item 3)

School – 2 Vans and $127,000 March 5, 2005 8 Years
1 Bus (Article 4, Item 4)

School – 1 Bus and $ 91,000 March 4, 2006 8 Years
1 Passenger Van (Article 4, Item 7)

Further Voted: that the consent to the financial advisor bidding for the Bonds and Notes, as executed prior to the bidding for the Bonds and Notes, is hereby confirmed.

Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver continuing and material events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time.

Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.

I further certify that the agenda for the meeting, a copy of which is attached hereto, was posted on the bulleting board(s) of the Town at least 24 hours before the meeting in compliance with Section 7-11(a) of the Town Charter.

I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the Town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds and Notes were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L. c.39, Section 23B as amended. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (4-0) Murray, Harris, Danehey and Vegnani voting.

Ms. Lepardo noted that since the Bond sales just took place today, the original documents will be ready for the Selectmen to sign later this week.

4. DISCUSSION/ VOTE/ SEWER BETTERMENTS/ J. Lepardo

Ms. Lepardo stated that the Selectmen need to take a vote in regard to sewer betterments in the Greenbush and Cliff areas and subsequent recordings that need to be done on the “land court side”. Mr. Danehey noted that the properties listed are land court properties as opposed to regular, registered land.

Mr. Harris made a MOTION that the Board of Selectmen ADOPT the following “Town of Scituate Sewer Assessment Notice”: WHEREAS, the Town of Scituate Board of Selectmen on July 24, 2001; July 1, 2003; and April 26, 2005 ordered a system of common sewers with connections and other works for sewage collection, treatment and disposal to be laid out and constructed in the Town of Scituate (the “Project”); and WHEREAS, the Town, by vote of its Town Meeting under Article 16 of the October 17, 2005 Special Town Meeting, authorized the Board of Selectmen to assess 100% of the cost to the Town of the Project, funded through the appropriations under Article 12 of the Warrant for the March 20, 2000 Annual Town Meeting and under Item K of Article 4 of the Warrant for the March 4, 2002 Annual Town Meeting, through a combination of betterment assessments under the uniform unit method authorized by General Laws, Chapter 83, Section 15 and privilege fees authorized by said Chapter 83,
Section 17, and authorized the Board of Selectmen to determine what part of the cost shall be paid under each method; and WHEREAS, we have determined that the parcels of land listed on the attached Schedule, upon the public and private ways listed on the attached Schedule, will receive from this improvement benefit or advantage beyond the general advantage to the community and it is intended that betterments and privilege fees will be assessed therefore. NOW, THEREFORE, we hereby adopt this statement of our action under Section 27 of Chapter 83 of the General Laws. SECONDED by Mr. Vegnani. No discussion. Unanimous vote.
(4-0) Murray, Harris, Danehey and Vegnani voting.

5. DISCUSSION/ Alternative Energy/ Windmill/ W. Limbacher

Mr. Murray introduced Mr. Limbacher and stated that he would be bringing the Selectmen “up to speed” on how the Town will be moving forward on alternative energy. Mr. Limbacher, Renewable Energy Committee, stated that he was “standing in” for Committee Chairman, Paul Reidy, and was also speaking on the behalf of his other Committee members, Mssrs. Toppan, Silva and Boluch. Mr. Limbacher referenced the Massachusetts Technology Collaborative’s “Town of Scituate Wind Project Feasibility Study” dated March 2008 as being “in depth, professional and an ‘easy read’”. He noted the excellence of the “Executive Summary”. The Committee is asking the Selectmen tonight for two items: (1) to “accept” the “Wind Project Feasibility Study” and (2) to endorse the steps needed to move forward. Mr. Limbacher stated that the Committee originally looked at eleven potential sites in the Town and reduced that number to two, very viable sites. An anemometer was erected near the Wastewater Treatment Plant on the Driftway and wind data was collected from July 2006 to July 2007. This data has been compared to a five-year “benchmark” data collection on Thompson’s Island. This comparison helped to determine “predictability” and it was determined that a wind turbine erected at the Wastewater Treatment Plant site would generate electricity 85% of the time. The group also looked at the project in terms of visual and audible impacts. The Town also recently adopted a by-law change which brought the Town’s by-law in line with the State by-law on noise. A noise study has been done. The two best sites were well below the required decibel

level. Some photo simulation has begun and will continue from the abutting neighbor’s property.
Mr. Limbacher continued by stating that “no red flags have been raised” in relation to permitting issues at this location. Discussion continued on local versus State permitting. Mr. Limbacher stated that the group has looked at three types of wind turbines. Discussion continued on whether the 1.5 or 2.0 size turbine would be more advantageous for this site and whether it should be privately owned or owned by the Town. The sale of surplus energy was discussed. The larger size turbine, 2.0, is better and if the Town realizes energy credits, they could offset utility costs for the Schools, etc. Energy credits are “really the key to making the turbines cost effective”. Once the project is accepted, public forums and outreach programs will start, the Renewable Energy Committee meetings will continue, meetings will be scheduled with the Advisory Committee, Capital Planning Committee and Town department heads. Mr. Limacher noted that later this month, a meeting with developers will be held in the Town of Bourne. He also stated that it is hoped that a Special Town Meeting Article or Annual Town Meeting Article will go forward on this topic. Mr. Limbacher stated that “it is key that Scituate is much further along in this process than the large number of other towns looking into it”.

Mr. Harris thanked Mr. Limbacher for his presentation and asked when construction might begin? Mr. Limbacher answered that it would depend on the availability of product. Mr. Murray hopes this will move forward at a Special Town Meeting in the fall so the Town can place their order for the turbine and have it “up and running” as soon as possible to realize a cost savings. Mr. Danehey asked if an enterprise fund would be started for the turbine? Mr. Agnew stated that it would depend on how the Town handles the electricity generated by the turbine. If the turbine produces electricity to run the Wastewater Treatment plan and sells the surplus electricity, then it would most probably be an enterprise fund. Discussion continued on “virtual net metering” in which the electricity needs at the plant are satisfied and the excess is sold off an credited for other utilities. Mr. Danehey asked what is envisioned in terms of the cost to build and maintain the turbine as well as how much excess electricity would be generated? (No answer to this question was recorded.) He further suggested that two or three turbines be erected in an effort to receive more offsets. Mr. Limbacher stated that during Committee discussions it became clear that the size of the turbine will make a difference in terms of overage. Ultimately, it will protect the Town against future increases in electricity charges. Mr. Murray noted that when the Committee first starting meeting on this concept four years ago, the concept of “virtual net metering” did not even exist. One of the reasons that the Wastewater Treatment site was chosen, at that time, was because the turbine could power the Plant. “Virtual net metering” could certainly change the turbine’s site, but this was the only location that an anemometer study was done. Mr. Murray thinks it would be good idea to start off with this site.

Mr. Limbacher spoke about the price of wind turbines possibly going down as the demand for them rises. Mr. Danehey spoke about the two wind turbines in Hull. Mr. Limbacher stated that Hull has its own grid. Mr. Danehey asked what it would take for the Town of Scituate to set up a similar situation? Mr. Murray believes the Town is not going to realize a big savings by buying two turbines instead of one. Mr. Danehey spoke about the depletion of natural resources. Mr. Vegnani asked if it would be better to have two, smaller turbines rather one large one which we might not have enough wind to adequately turn? Mr. Limbacher stated that a 1.5 turbine is $3.1 million and a 2.0 turbine is $3.4 million. The area at the Treatment Plan can support a 2.0 and it would be more cost effective – “bigger is better”. Mr. Stephen Bjorklund, Captain Daniel Litchfield Road, stated that Hull is obtaining permits for four more turbines to be located off Harding’s Ledge. That might work in Scituate, as well. He agrees that “virtual net metering

is the key to the whole thing”. Mr. Murray asked about the co-location of the turbine and the yard waste facility, (the latter of which was recently passed at the Annual Town Meeting), at the Wastewater Treatment Plan site? Mr. Limbacher stated that the placement of the turbine would not be affected by such additional uses of the land. Mr. Agnew asked if another turbine could be located at the Wastewater Treatment Plant site? Mr. Murray stated that that particular site would not be large enough for two turbines.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ENDORSE the Town of Scituate Wind Project Feasibility Study, March 2008 and further that the Board ACCEPT the Renewable Energy Committee’s plans to move forward in this process. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (4-0)

6. VOTE/ Hawker Peddler License Renewal

Mr. Danehey voiced concern about an ice cream truck vendor “speeding through neighborhoods and selling in front of Scotty’s Market, which sells ice cream”. This is in direct violation of the Selectmen’s policy and if this applicant is the truck driver referenced in the previously noted episode, he should not be selling ice cream prior to receiving a license from the Board. Mr. Danehey asked that a letter be sent to the ice cream vendors reminding them of speed limits and the Selectmen’s policy on ice cream sales. Mr. Vegnani suggested that the ice cream vendors visit the beaches no more than once every two hours.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to RENEW the Hawkers Peddler/ Ice Cream Vendor’s license held by Khaldoun Hiyari, 1123 Revere Beach, for the 2008 season upon approved inspection by the Board of Health and that Mr. Hiyari receive a letter from the Selectmen reminding him to maintain the proper speed limit and to not sell ice cream within a specified limit of stores that sell ice cream. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

7. OTHER BUSINESS

Mr. Harris asked about the collection of methane gas at the capped landfill in light of the current energy crisis. Mr. Agnew stated that the Town had looked into that when the landfill was first capped, but it was found that there was not enough acreage to make it a viable venture. Mr. Harris noted that the original study was done when gas prices were lower. Mr. Agnew noted that there is a “finite amount of gas at the landfill site – the ‘eternal flame’ does not burn as high as it originally did”. DEP required the Town, as part of the permitting process, to collect the methane gas to sell or use it as an energy source. Mr. Agnew estimates that in ten or fifteen years time that no methane gas will be emitted at this site. Mr. Murray stated that he would be interested in knowing whether the methane gas study was “cost based or energy based” and he requested a copy of the study.

Mr. Danehey stated that he and Mr. Norton attended the Firefighter’s Memorial Service at Lawson Park on Sunday and that it was an “honor and privilege” to attend. He noted that the service was well attended and the excellent job done by the Scituate Fire Department and the Gates Intermediate School Band.

Mr. Danehey thanked the Department of Public Works for the additional trash containers placed at the Sand Hills Beach. He thanked the Beautification Commission and Scituate residents for participating in a very successful Ship Shape Day. He especially thanked Al and Donna Bangert for their work. He encouraged residents to continue “picking up” Scituate on a daily basis!

Mr. Danehey asked if the cellular tower at the Transfer Station could be camouflaged with a tree-like appearance? Mr. Agnew stated that would have needed to be done before the tower was erected. He has seen other cell towers made to look like trees and actually thinks they look worse in appearance that what we currently have. Mr. Agnew believes that in the future, all cellular towers will come down due to superior technology.

Mr. Vegnani also thanked everyone involved with Ship Shape Day including the Boynton family. He also thanked Mr. Paul Scott, Interim Director of the Department of Public Works, for installing more trash receptacles at Peggotty Beach.

Mr. Vegnani noted the Police Department’s Golf Tournament on Friday, June 20, 2008. He also noted the retirement of Margo Tansey, who has been teaching in Scituate elementary schools for many years. “My wife was in her first class and she has been my son’s teacher this year in her last class.”

Mr. Murray noted the need for recycling containers to recycle plastics at the playing fields.

Mr. Murray noted that the Army Corps of Engineer’s permit for the Scituate Marine Park came through and that construction will begin soon. Mr. Agnew stated that he signed the permit today, on the Town’s behalf.

Mr. Murray asked Mr. Agnew to clarify some confusion in a recent Boston Globe article regarding a MBTA bridge in North Scituate. Mr. Agnew stated that the Globe reporter was very confused and that no work will be done on the new Stockbridge Road Bridge in Greenbush. The MBTA will be doing work in North Scituate on a culvert, which will be replaced mainly for flood control purposes. They estimate that Country Way will be closed for this purpose on June 18, 2008 and work may go on from 7AM to 11PM, Monday through Saturday. Country Way, beyond Wilder Brothers garage, will not be closed prior to re-opening Henry Turner Bailey Road.

Mr. Murray thanked Mr. Agnew and the Department of Public Works staff for their work on the Cole Parkway gazebo.

Mr. Murray noted a recent story in the Patriot Ledger, which stated that Scituate resident and soldier Michael Kelly, who was killed in Afghanistan, would be memorialized at Camp Edwards where a tactical training base will be named after him. The North River Bridge is also named after Mr. Kelly. Mr. Murray read a quote from Mr. Joseph Kelly, Michael Kelly’s father. It is nice to note that Michael Kelly is being remembered in a national way.

Mr. Harris asked about parking signs in North Scituate. Unfortunately, some commuters are parking in front of these businesses all day long rather than using the train parking lots. A two-hour parking limit needs to enforced in this area. Ms. Ann Burbine, 10 Pennycress Road, stated that the parking signs were ordered and the installation sites were marked by the Police Chief in October 2007. To date, the signs have not been installed and consequently there is no means

of enforcement of the parking regulations. Mr. Harris believes the North Scituate businesses have “suffered long enough”. Mr. Agnew will find out about the signs. Ms. Burbine asked if a Scituate ambulance or fire truck would be placed on the other side of Bound Brook to service the elderly housing at Lincoln Park? Mr. Agnew answered “no, mutual aid from Cohasset will be used”.

8. CORRESPONDENCE

Mr. Vegnani read a letter from the Co-Chairs of 2008 Ship Shape Days; Melissa Boynton, Donna Bangert and Barbara Lydon, Scituate Beautification Commission, thanking Scituate residents, Chief Brian Stewart and Mr. Mike Breen, Supervisor of the Highway and Transfer Station Divisions of the Department of Public Works.

Mr. Murray read a letter from Harbormaster Mark Patterson recognizing the Department of Public Works for their assistance during the Harbor Cleanup Day on May 24, 2008.

Mr. Vegnani noted a bulletins from the State regarding the “red tide” and the fact that shellfish beds would be closed from June 1, 2008 to November 30, 2008.

9. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of May 27, 2008. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (4-0)

10. ADJOURNMENT

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 8:25 PM. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (4-0)

BOARD OF SELECTMEN

_________________________________
Richard W. Murray, Chairman

_________________________________
John F. Danehey

_________________________________
Shawn Harris
Respectfully submitted,
_________________________________
Joseph P. Norton
Kimberley A. Donovan
_________________________________ Administrative Assistant
Anthony V. Vegnani