BOARD OF SELECTMEN

AUGUST 19, 2008

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

Richard H. Agnew, Town Administrator

Press: Patriot Ledger, Scituate Mariner

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

2. ACCEPTANCE OF AGENDA

Mr. Murray stated that Item 13 – “Discussion/ Commission on Disabilities/ HP Signage & School Parking” has been removed from tonight’s Agenda at the Commission’s request.

Mr. Harris made a MOTION that the Board of Selectmen AMEND the Agenda for August 19, 2008. SECONDED by Mr. Vegnani. No discussion. Harris, Vegnani, Murray and Norton voted in favor of the motion. Mr. Danehey was not present for the vote. (4-0)

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

Mr. Harris made a MOTION that the Board of Selectmen ENTER into Executive Session via Roll Call for purposes of Consideration/ Purchase/ Exchange/ Lease/ Value of Real Property at 6:31 PM and return to Regular Session at approximately 7:15 PM this evening. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (4-0) Mr. Danehey was not present for the vote.

Roll Call was taken at 6:31 PM with Murray, Harris, Norton and Vegnani all answering “Yes”. Mr. Danehey was not present.

4. 7:15 PM/ REGULAR SESSION CALLED BACK TO ORDER/ Walk-In Period

Mr. Murray called Regular Session back to order at 7:22 PM. There were no Walk-Ins this evening. Mr. Danehey entered the meeting at 7:22 PM.

5. DISCUSSION/ VOTE/ T.K. O’Malley’s Liquor License Suspension/ Set Dates

Mr. David DeLuca, Town Counsel, and Mr. Walter Collins, owner of T. K. O’Malley’s, were present at tonight’s meeting. Mr. Murray thanked the following people for their thorough work on the Town’s behalf on this case: Mr. David DeLuca, Lieutenant Detective Michael Stewart, Officer Gerald O’Brien, Officer Erik Steverman, Detective Robert Rappold and State Police Trooper DeMoranville. He reminded that this would not be a hearing and there would not be a review of the facts. The case has already been decided and the penalty will be set this evening in terms of the actual dates of the liquor license suspension. Mr. Murray briefly reviewed the key dates in the case with the ABCC upholding the Selectmen’s finding and five-day suspension (3

days to be served now and 2 days “held” and to be served if an infraction occurs in the next year. Town Counsel has recommended that the Board choose the suspension dates and to stay as close as possible to the original time frame, i.e. a Monday, Tuesday and Wednesday while holding two other days for a one year period that would begin with the original hearing date (February 26, 2008).

Mr. Danehey asked why the start date of one year would not begin at the date of the appeal to the ABCC, March 7, 2008? Mr. DeLuca stated that liquor license hearings are actually “quasi judicial hearings”. In terms of the “sentencing in this case – a suspension”, all the facts were reviewed by the ABCC and they affirmed the length of the suspension. If an incident had occurred at T.K. O’Malley’s that would qualify the use of the “suspended” two days, the Board could hear that particular incident and determine whether or not the two days would be imposed. He does not believe there has been a recent infraction and the case should be judged just as the ABCC viewed it. He believes the “suspension should run from the original determination date”. Mr. DeLuca assured the Board that the ABCC understood the three day/ two day split (three days served and two days held). Discussion continued on changing the sentence.
Mr. DeLuca expressed concern over changing the sentence in any way. Mr. Murray stated that the Board would stay with the original sentence. “We won the appeal and we need to set the dates.”

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUSPEND the Common Victualler’s All Kinds of Alcoholic Beverages License held by McColski, Inc. d/b/a T. K. O’Malley’s Sports Café, 192-194 Front Street, Scituate, Massachusetts for five (5) days, three days (3) to be served on September 22, 23, 24, 2008 and two (2) days to be “held” if no further infractions are realized for one year’s time. (February 25, 2009) SECONDED by Mr. Danehey. Discussion – Mr. Vegnani noted that he was not on the Board when the original decision was made, but he believes this to be a lenient sentence. “This is a personal feeling.” No further discussion. Unanimous vote. (5-0)

6. DISCUSSION/ VOTE / Drainlayer’s License/ Kehoe

Mr. Jody Kehoe, applicant, was present at tonight’s meeting. He explained that he has been doing sewer connections in Cohasset for the past six to seven years. Scituate residents are asking for him to do work that requires a drainlayer’s license and this is the reason for his application. Mr. Vegnani asked why Mr. Kehoe only listed two references when the Town of Scituate requested three? Mr. Kehoe answered that he only really does residential jobs for certain builders. Mr. Vegnani noted that Mr. Michael Breen, Supervisor for the Highway/ Landfill Divisions of the Department of Public Works was one of Mr. Kehoe’s references. Mr. Kehoe stated that he had done work on some of the Town’s playgrounds. Mr. Harris noted that some of Mr. Kehoe’s insurance certificates have expired since the time he originally made application. Mr. Kehoe will forward the updated insurance information to the Sewer Division.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT a Drainlayer’s License to Jody F. Kehoe, 41 Arrowood Street, Cohasset. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

7. DISCUSSION/ VOTE/ One Day Wine & Malt Beverages License/ St. Mary’s Parish Center

Ms. Julie Mullin, applicant, stated that a fundraising event for ALS (Judy’s Walk for Hope), would be held on October 4, 2008 at St. Mary’s Parish Center. “Judy” is Ms. Mullin’s mother. They will be having a barbecue and would like to be able to serve beer and wine, as well.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT a One Day Wine & Malt Beverages License to Julie Mullin for a fundraising event to be held at St. Mary’s Parish Center, One Kent Street, on Saturday, October 4, 2008 from 11AM to 5 PM.
SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

8. ANNOUNCEMENT/ OPEN MEETING LAW PRESENTATION BY TOWN COUNSEL
G.A.R. Hall/ Country Way on August 21, 2008

Mr. Murray announced that Mr. James Toomey, Town Counsel, will make a presentation on the Open Meeting Law on Thursday, August 21, 2008 at 7:00 PM at the G.A.R. Hall on Country Way. Everyone is invited to attend.

9. DISCUSSION/ VOTE/ Entertainment License/ Gannett Grill/ 360 Gannett Road

No one was present from the Gannett Grill at this time. This item will be held until later in the meeting.

10. DISCUSSION/ VOTE/ Hawker Peddler’s License/ Booth Hill Road/ S. Musto

Ms. Musto, applicant, was present at tonight’s meeting. Ms. Musto stated that she has erected a small “farm stand” at #2 Booth Hill Road at which she is selling produce and fresh cut flower arrangements. She thought she had set up her booth on private property, but has since learned (and verified by Mr. Bangert) that she is on Town owned property and needs a Hawker Peddler’s License. She has received many compliments from her customers already. Ms. Musto stated that she rents storefront space for her real estate office from Mr. Hopkins, her landlord, at #2 Booth Hill Road. She further noted that the real estate market is slow right now and she is using the farm stand booth to supplement her income. Mr. Harris stated that various people have mentioned to him that it would be nice for Scituate to have a large farmer’s market, similar to Cohasset, on Thursday afternoons. Mr. Vegnani asked about Ms. Musto’s request to sell Christmas trees later on in the season? It seems like a very small space. Ms. Musto stated that the trees would primarily be located in the parking lot area in front of the real estate office. She envisions selling approximately fifty “table top” trees and some, small live trees.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a Hawker Peddler’s License to Shirley Musto, 111 Glades Road, for a stand to be located at Two Booth Hill Road to sell produce, non-flowering plants and Christmas Trees from 11AM to 6:30 PM, seven days a week and in accordance with Selectmen’s Policy #43-99. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

11. DISCUSSION/ VOTE/ Parking Fees/ N. Scituate Parking Lot/ Chief Stewart

Mr. Agnew noted the Memorandum dated August 11, 2008 outlining what needs to be voted in terms of parking regulations in North Scituate. Mr. Harris asked if the corresponding signage had been erected in North Scituate? Mr. Agnew answered “yes”.

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE the following parking regulations: Schedule 1 “Parking” – In the following areas a fee to be determined by the Board of Selectmen will be charged: Henry Turner Bailey Road Commuter Rail Parking
Section/ Restrictions as posted. Section 2, Subsection C: North Scituate Section: Henry Turner Bailey Road – Eliminate all wording after “entire length” AND that the Board of Selectmen set the Parking Fee for the Henry Turner Bailey Road Parking Lot at $2.00/day.
SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

12. DISCUSSION/ VOTE/ Abatement of Sewer Betterment/ J. Forde/ 229 Country Way

Mr. Murray noted that according to Mr. Forde’s application, there is sufficient acreage to build, but insufficient uplands. A letter from Mr. Neil Duggan, Building Commissioner/ Zoning Enforcement Officer, dated July 24, 2008 confirms this fact. Mr. Agnew noted that if this property is deemed “buildable” in the future, a “privilege fee” for a sewer tie-in would be charged to the property owner. The Selectmen would make a determination at that time. Mr. Harris asked if there had been many requests for sewer abatements? Mr. Agnew knows only of two or three requests. He added that granting this abatement would not change the dollar amount of everyone else’s betterment fee.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ABATE a Sewer Betterment for unbuildable property, as designated by the Building Commissioner/ Zoning Enforcement Officer, located on Country Way (Assessor’s Map 43-01-7). SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

14. DISCUSSION/ VOTE/ Animal Shelter Agreement

Ms. Nancy Testa, Ms. Lisa Barbosa and Mr. Don Grilli, Friends of the Scituate Animal Shelter, were present at tonight’s meeting. Mr. Norton explained that the draft of the Animal Shelter Agreement (hereafter the “Agreement”) had only recently arrived at Town Hall and the Selectmen are seeing it for the first time this evening. He noted that a meeting was held three weeks ago between Town Counsel, the Town Administrator and members of the Friends of the Scituate Animal Shelter (hereafter the “Friends”) in an attempt to move forward with this Agreement. The Friends are trying to obtain financing for this project by the end of this month. Part of the process includes obtaining the support of the Selectmen and their corresponding signatures on the Agreement. Timing is an issue because the Selectmen do not meet again until September 9, 2008. Town Counsel drafted and approved this “Draft Agreement”, but the Board may be reluctant to approve it this evening because they are now seeing it for the first time.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT the Agreement between the Town of Scituate and the Friends of the Scituate Animal Shelter subject to the final approval from Town Counsel. SECONDED by Mr. Harris. Discussion – Mr. Vegnani expressed concern over just receiving the Agreement document this evening. He suggested that each point contained in the Agreement be reviewed and his questions could

be answered. He has particular concerns regarding the “structuring of the sale of the current Animal Shelter”. Mr. Vegnani asked about Item #4 and the Town’s responsibility under the provisions of the will? Mrs. Haughey gave money to the Town specifically to build an Animal Shelter. The Town built the current shelter with those funds on Town owned property.
Mr. Vegnani asked if the Town incurs any expenses associated with the Shelter? Mr. Agnew answered “no”. He further stated that this Agreement is needed in order to comply with the will and the vote of Town Meeting. The Friends will construct the new Animal Shelter. Mr. Murray clarified by stating that proceeds from the sale of the current Animal Shelter will be transferred to the Friends once the building has been sold. Mr. Vegnani asked “what is the Town’s “interest” in the new site”? The Town will have an “interest in the Chief Justice Cushing Highway premises consisting of a binding restriction and covenant securing the agreement of the Friends to construct and operate the new shelter and operate same for a minimum period of twenty (20) years.” (taken from the draft Animal Shelter Agreement) the Friends would own the new property and building. The Friends would still have to operate within the confines of Mrs. Haughey’s will, ie. it must be an Animal Shelter. If for any reason it was not run as a Shelter, it would violate the terms of her will and the proceeds would go to Mrs. Haughey’s heirs. Mr. Vegnani asked if a five acre lot of the new property could be given to the Town as Conservation land? No, the Town has a $400,000+ lien on the land. At the end of the twenty (20) year period the $400,000+ will have been paid back to the Town.

Mr. Danehey asked what would happen if at the end of twenty years if the Shelter was bankrupt – where would the Town stand – would our investment be lost? Mr. Agnew answered “yes”. Mr. Grilli stated that the Friends bought the land for the new Shelter. Mr. Vegnani stated that the Town’s investment in the Animal Shelter has never been amortized. He believes the Town’s interest in the Animal Shelter property should never go away. Mr. Agnew noted that the Animal Shelter’s budget is approximately $28,000. $7,000 of that comes annually from the Animal Shelter’s Trust Fund and the balance of the budget is made up in fees. It costs more than this budgeted amount to run the Shelter each year and donations make up the balance. “The Shelter is self funded.” Mr. Danehey asked what would happen if the Animal Shelter folds within the twenty year time frame? Mr. Agnew answered that Mrs. Haughey’s heirs would come back and take it. Mr. Danehey stated that if that is the case, the Town should realize the full $400,000 plus the interest for actually lending the Shelter the money during this time frame Mr. Gilli stated that the Friends would be incurring the expenses of the Shelter during those years. The heirs would only get the money back from the building, not the land. The Friends own the land and it (the land) would not go back to the heirs. Discussion continued on prevailing wages in terms of building the new Shelter. Mr. Agnew stated that the Friends must own and operate the Shelter on their own in order not to have to pay the prevailing wage.

Mr. Norton encouraged people who have questions, to write them down and the Board will send them to Town Counsel and get a response. Mr. Danehey believes this is all coming down to wording issues. Discussion continued on whether a lien could be placed on the new property. Ms. Testa stated that a lien would prevent the Friends from getting a loan. She further noted that there is currently no contract between the Friends and the Town. For years it has been a “win/win operation”. The Friends would like to continue this relationship. They raise over $100,000 a year to run the present Shelter. “If the Shelter folded, the Town would have to take it over.” Mr. Murray believes that everyone present wants the same end result, but how we arrive at that point is under discussion. Mr. Vegnani stated that he is in support of the new Shelter and knows the Shelter is in the Town’s best interest, but he does think the Town should continue to
have an interest in the new property. Mr. Agnew stated that if the Town is involved in the new Shelter, prevailing wages would have to be used to build it. He and the Committee have been working for the past year to try to come up with an Agreement that would satisfy every group. This current Agreement is structured to (1) address the prevailing wage issue, (2) comply with Mrs. Haughey’s will and (3) comply with the Town Meeting vote. “It has not been easy.” Mr. Murray asked Mr. Vegnani and Mr. Danehey to look at Items #4 and #5 of the Agreement and see if some sort of compromise can be worked out. Maybe the twenty years could be changed to one hundred years? The Board can call a special meeting for this purpose next Tuesday night (July 29th). Ms. Testa asked that any proposed changes be forwarded to her as the Friends contact person. Town Counsel needs to be involved, as well.

15. DISCUSSION/ Award Contract/ Gannett Road/ Bicycle/ Pedestrian Trail

Mr. Bangert recently opened bids for the engineering portion of the Bicycle/Pedestrian Trail on Gannett Road. $550,000 of Community Preservation Act money was voted at the 2008 Annual Town Meeting for an eight-foot, multi use trail extending from North Scituate to Hatherly Road. Part of these funds will be used for the engineering portion that will determine which side of the road the trail will go on, designate the Town “layout” and set up public meetings with abutters. All of the aforementioned steps would take place prior to “putting pencil to paper”. Next, some initial designs would be put forward, then another set of public meetings would be held. The engineering firm would then put forward a final design, which would be reviewed by the Selectmen. Finally, a construction bid package would be created.

Six proposals for engineering services were received by the Town with a wide range of prices. Five proposals were actually reviewed, four applicants were interviewed and references were checked. Horsley Whitten came in with the low bid of $45,644. In addition, Horsley Whitten did the engineering on the Driftway trail. Mr. Bangert recommends that the Selectmen award the contract to Horsley Whitten for the engineering portion of this project. Mr. Bangert outlined the following “time line”: (1) survey work – August/September, (2) first public meeting – late September, and (3) design process – winter months with construction beginning next summer. Mr. Murray reminded that the Selectmen supported this Town Meeting Article, but also requested time for ample public involvement in the process. Mr. Harris noted that he does not live nearby, but he wants to make certain that there is plenty of time for public input on this project.

Ms. Q Cutler, 303 Gannett Road, has it on good authority that the more usual process for these types of projects is to notify abutters, hold a public meeting, do a feasibility study and then present it to Town Meeting for funding. Many of the residents along Gannett and Hatherly Roads do not know much about this project. “It (project) seems to have been kept under wraps.” Mr. Murray explained that there has been quite a bit of public discussion about this project: the Community Preservation Act Committee (CPAC) held public meetings, the Board of Selectmen and Advisory Committee held public meetings at which the CPAC articles were discussed, information was printed in the newspaper and ultimately the article went to Town Meeting for a vote in April 2008. All of those meetings were held in order to get funds allocated to move ahead with the project. The design process will trigger further public meetings and comments will be solicited.

Mr. Agnew reminded that this engineering only deals pertains to Gannett Road. The engineer will want to have an open discussion with abutters and hear everyone’s concerns. He added that the Capital Planning Committee also voted in favor of this article. Ms. Cutler stated that she did not see any advertised public discussions on this subject and as much as this may be designated for only Gannett Road at this time, “we know the Town will not build a path to nowhere”. She noted that the Advisory Committee booklet stated that the estimated cost for the “Grand Loop” is $5 million – “this is unfortunate in this day in age when no one has money”. Mr. Murray reminded that Town Meeting only voted the Gannett Road portion – it did not vote the “Grand Loop” that Ms. Cutler referred to. Mr. Agnew understands peoples’ feelings on this, but the Selectmen must comply with the Town Meeting vote. Mr. Norton suggested that the abutters provide the name and contact numbers of their “point person” to the Department of Public Works in an effort insure proper notification of all interested parties. Mr. Agnew stated that “leaflets” will probably be dropped off in the neighborhoods – “we want their input”. Mr. Bangert stated that proponents of the project will also be working with the Department of Public Works. He further stated that public meeting notices will be posted on the Town’s website and at Town Hall. Mr. Murray asked that the press also publish the notices. He stated that there would be “ample time for public comment on every aspect of this project”.

Mr. Mark McCormack, 261 Hatherly Road, asked who would bear responsibility for snow removal from this path? Mr. Murray and Mr. Agnew stated that it would be considered Town owned property, thus the Town would be responsible. Ms. Delia Weikert, 235 Gannett Road, stated that she is self-employed and feels that the proposed Path may effect the value of her property. She knew nothing of this Path until a few weeks ago and she feels the abutters should have been notified by certified letter. She has also heard that there may be may be an easement across her property. Mr. Murray stated that the survey portion of the engineering process will research and solve these issues. Ms. Weikert asked what might happen if the engineering/ feasibility study finds that Gannett Road is not a viable site for a Path. Mr. Agnew stated that if it is found to be unfeasible – it may not be built. Mr. Bangert will request a list of all property owners along the route and ask that a notice be sent to all the owners. Ms. Weikert asked why she would hear information on the Path from a neighbor – why wouldn’t the Town notify her? Mr. Danehey responded that abutters are notified according to statutory requirements. Mr. McCormack believes there is a great difference between notification and posting. Mr. Murray sympathized with the neighbors, but the Town cannot notify every person in Scituate regarding every project going on in Town. He (Murray) personally contacted the people that he received complaints from and they are not in attendance this evening. The exact same process has been followed for the Path project as has been followed for every other project. “Nothing has been done under the ‘cloak of darkness’.” Ms. Weikert stated that her property has never been involved in a Town project and she did not know the process. She appreciates the Selectmen’s explanation.

Ms. Cutler understands that the Selectmen cannot insure that every resident will read the newspaper or see various postings, but she does read e-mails and newspapers and she did not see anything on this topic. She asked how many residents front yards contain Town owned land? Mr. Agnew answered – “nearly everyone’s”. Ms. Cutler asked the Selectmen to “please think about how everyone feels about their front yards”. Mr. Murray encouraged all residents, pro and con, to attend the public meetings on this topic.

Mr. Bangert stated that this is a case of spending public money, on a project voted by the public, that benefits the public. It is not always popular to build a public project adjacent to private

property. It does not mean that the project will not go forward just because five people are not in favor of it. Mr. Rick Cutler, 303 Gannett Road, thinks Mr. Bangert’s comments are “arrogant”.
He suggested that everyone walk down Gannett Road to see the thousands of dollars of improvements homeowners have installed along the edges of their properties. These improvements will be lost. Ms. Weikert stated that this Path will attract more people to Gannett Road for recreational purposes. “You don’t live there, it can be a dangerous road – there are safety issues to consider.” Mr. Murray assured Ms. Weikert that safety will the Town’s foremost consideration. Ms. Weikert asked “if the Path crosses my property, will the Town indemnify me”? No answer was recorded. Mr. Harris noted that the Cutlers sent the Selectmen a letter months ago outlining their concerns about the Path. He wants to make certain that Mr. Bangert has their e-mail address for property notification. Mr. Murray stated that the engineers will be given abutter information and will contact them.

Mr. Vegnani made a MOTION that the Board of Selectmen AWARD the engineering contract for the Gannett Road Bicycle/ Pedestrian Trail project to the Horsley Whitten Group for $45,644. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

16. DISCUSSION/ VOTE/ Water Restriction Policy

Mr. Bangert announced that a water restriction is NOT being placed on the Town at this time. It appears that there will not be any immediate need for a water restriction this year. In past years, the demand for water (especially during the summer months) has exceeded the supply. A year in which there is low snowfall and lower than normal rain during the spring creates dry uplands and will add only one inch of water to the reservoir. Under normal conditions, one inch of rain adds ten inches to the reservoir. When supply is low and demand is high – the Town needs to reduce the demand. The following color designations will be used in terms of water usage: yellow – advisory mode, orange – watering on even and odd days, red – complete ban on all outside water use. The notification process will start with permission from the Selectmen as the Town’s Water Commissioners, DEP will be notified, posting on the local Cable station, signs posted around Town, newspaper and the Town website. Water restriction violations are addressed in the Town’s By-Laws.

Mr. Murray thanked Mr. Bangert for being proactive on this topic. Mr. Vegnani noted that this current water restriction plan does not reference sprinklers and swimming pools. Mr. Murray noted that Mr. Bangert has recommended that this document be a Selectmen’s Policy. The General By-Laws address the specifics. Mr. Danehey likes the fact that fines will show up on residents’ water bills. Mr. Norton asked how water restriction violators would be turned in? Mr. Bangert answered, “the Police”. Mr. Murray asked about the signage – color coded in addition to printed words? Mr. Bangert answered “yes, the wording will be clear”.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ADOPT the “Water Use Restriction Policy” in accordance with the Scituate Code of General By-Laws, Section 30660. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

17. REPORT/ Director of the Department of Public Works

Mr. Bangert, Director of the Department of Public Works, stated that bids for the Greenbush Streetscapes project were opened yesterday afternoon. The range of the bids was very close,
which indicates that there was good interest in the project. An engineering firm is reviewing
the quality of the bids and Mr. Bangert will ask the Selectmen to award the contract to one of the four bidders at their September 9, 2008 meeting.

Mr. Danehey noted that the Cliffs still have not been paved. When will this be done? Mr. Bangert stated that Edward Foster Road will be paved this week.

Mr. Bangert has been tracking: (1) the number of homes that have not had a water meter reading for four quarters (the number of homes was 700 in February 2008 and has now been reduced to 160 homes), and (2) the number of homes with no water meter readings for five years (169 homes in February 2008 has been reduced to 26 homes). Some of the reasons for meters not being read has to do with meter inaccessibility and lost records. The remaining five year cases are difficult ones. In some instances, the homes have been abandoned or meter readers were not allowed in the homes. In the past, after all other methods have been exhausted, the homeowner is sent a very high bill and that seems to get their attention. Discussion continued on the difference between revenues between actual and estimated readings.

Mr. Norton stated that brown water continues to be a major concern among the residents.
Mr. Bangert stated that the incidents of brown water are very predictable – “it is not a mystery”. He plans to give the Selectmen a detailed explanation regarding sediment in the pipes and what causes the disturbances at the next meeting. “The basic cause is our piping (old infrastructure) and that can be fixed.” Mr. Murray asked that the Mr. Jeff Rosen, Chairman of the Water Resource Committee, and the entire Water Resource Committee be included in these discussions.

Mr. Norton noted interesting results in the Inflow & Infiltration ( I & I) data submitted for the month of July. Many people have been skeptical about the value of I & I, but the fact that the volume of treated water has decreased is significant. Treated water has decreased from approximately 1.3 million gallons to 1.0 million gallons. This is even after adding a significant amount of homes to the system. Mr. Danehey stated that this reduction at the plant begs the question if another priority district (Musquashicut Pond) can now be added. Mr. Agnew stated that the Musquashicut Pond Priority District will be on the next Annual Town Meeting warrant.

Mr. Danehey asked about the Henry Turner Bailey/ Route 3A intersection. Mr. Bangert stated that a preconstruction meeting would take place next week between National Grid and the contractor who has been hired to move the telephone pole. The pole should be moved next week. The pole’s location is one of the major offenders at this intersection, along with the barrels that surround the pole. Mr. Danehey believes a traffic light may be needed at this location. Mr. Bangert stated that the Town has requested that the State keep the 35 mph speed reduction on Route 3A. He understands that the painted divider island is inadequate when a motorist is traveling northbound on Route 3A. A raised island may be more appropriate. A traffic study would be needed to see if the intersection qualifies for a traffic signal.

Mr. Murray noted that two roads, Booth Hill Road and Henry Turner Bailey Road, both have flashing lights and go to the same destination – North Scituate. How about dead ending one of these streets. If it was Booth Hill Road, residents would need to go around, but they would also get much less through traffic. Mr. Agnew thinks this is an interesting concept, but noted that a traffic study would need to be done. Mr. Harris stated that Cohasset did something very similar. He further stated that it is very discouraging what the State and the MBTA came up with for Henry Turner Bailey Road. The entire road was shut down and it still was not handled properly.
Road. Mr. Bangert stated that the MBTA paid National Grid in February 2007 for their work at this site and then National Grid “stonewalled” Cashman on moving the pole because they said he (Cashman) had not paid for other projects. “Clearly National Grid let the Town down on this one.” Mr. Murray asked Mr. Bangert to follow up on the road closure idea.

Discussion continued on recycling bins for plastic bottles at the various playing fields. Mr. Norton asked about crosswalk painting? Mr. Bangert stated that they are being painted.

Ms. Ann Burbine, Ten Pennycress Road, discussed parking signs and enforcement in North Scituate. She also asked about the progress of the Bound Brook Bridge in North Scituate and the possibility of a line being installed under it if sewer should come to this area in the future. Mr. Bangert stated that the Bound Brook Bridge will have a sewer line or hangars for a sewer line placed underneath it. The pieces of the Bridge will be delivered and installed over the next two weeks. He expects the road to be opened by October 1st. Parking signs will be installed this week. As of August 21st, the new operator of the Town’s parking lot will have been in place for one month. The Town will receive a check and a list of offenders from the operator. Tickets will be issued.

18. ACCEPTANCE OF GIFTS/ Police and Harbormaster

Mr. Harris made MOTION that the Board of Selectmen VOTE to ACCEPT the kind gift of $5,000 from the Copeland Family Foundation, Inc. for the Police Department’s D.A.R.E. Program. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the kind gifts of $10,000 from Richard B. Ladd and Catherine Bishop for renovations to the public areas around Cole Parkway and the creation of a park at the entrance to the Scituate Harborwalk. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

19. SET POLL HOURS/ State Primary

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to SET the Poll Hours from 7 AM to 8 PM for the State Primary on Tuesday, September 16, 2008. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

20. APPOINTMENTS

Mr. Norton made a MOTION that the Board of Selectmen APPOINT Officer Mark Thompson to the Traffic Rules and Regulations Committee and further that the Board thank Officer Arthur Wood for his many years of dedicated service to the Committee and the Town of Scituate. SECONDED by Mr. Danehey. No discussion. Unanimous vote.(5-0)

Mr. Norton made a MOTION that the Board of Selectmen APPOINT John Danehey to the Board of Trustees for the Town of Scituate Affordable Housing Trust Fund. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

9. DISCUSSION/ VOTE/ Entertainment License/ Gannett Grill/ 360 Gannett Road

Mr. Dave Turpenville(sp), Jamie Constantine’s grandson, was present at tonight’s meeting.
Mr. Turpenville stated that the Gannett Grill would like to offer karaoke to the patrons every Sunday night. Mr. Vegnani asked if the Gannett Grill currently has an entertainment license? Mr. Turpenville answered “no”. Mr. Vegnani noted that the Gannett Grill is located in a residential area and they are asking for a late ending hour – 12:30 AM. Mr. Danehey agreed and recommended that entertainment end at 11:30 PM and if there is a great demand for a later hour, the Board can re-visit the request.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT an Entertainment License to the Gannett Grill/ Jamie’s Pub for Karoake on Sunday nights from 8 PM to 11:30 PM. This is an indoor license only. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

21. OTHER BUSINESS

Mr. Danehey stated that Heritage Days went well this year and that some follow up meetings will be held soon. A meeting on the Founders Park to be located at Cole Parkway will be held on August 26, 2008. There are some concerns as to how many parking spaces will be lost and its potential impact on local businesses. Mr. Danehey stated that he recently attended the opening event for the G.A.R. Hall. The Historical Society did a very good job renovating the Hall and he encourages people to visit the building.

Mr. Harris asked if the gas line job on Country Way would be done prior to the start of the school year? Mr. Bangert knows that the objective of the Gas Company was to be done with the areas in front the Gates and Jenkins Schools prior to the start of the school year. He believes that objective will be met.

Mr. Vegnani stated that the Scituate Beach Association would be holding their annual Labor Day Parade on Sunday, August 31, 2008 at 1:00 PM.

Mr. Norton asked that an agenda item regarding a request from the Plymouth County Commissioners referencing a conservation restriction on land known as the “County Farm”, be placed on the September 9, 2008 Selectmen’s Agenda.

Mr. Murray noted that Mr. Chris Kennedy, Kennedy’s Country Gardens, has been working with Mass Highway regarding a landscape design for the roundabout. He suggests that the Selectmen write a letter to Mass Highway encouraging them to work with Mr. Kennedy on this project.

22. CORRESPONDENCE – None

23. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of June 19, 2007. SECONDED by Mr. Danehey. No discussion. Harris, Danehey, Norton and Murray voted “yes”. Mr. Vegnani did not vote. (4-0)

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes

of June 24, 2008. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

24. LABOR NEGOTIATIONS (Executive Session)

The Board of Selectmen entered into Executive Session for purposes of Labor Negotiations via roll call at 10:20 PM and did not return to Regular Session.

25. ADJOURNMENT

The Regular Session was adjourned at 10:20 PM.

BOARD OF SELECTMEN

Richard W. Murray, Chairman

John F. Danehey

Shawn Harris

Joseph P. Norton

Anthony V. Vegnani

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant