MINUTES OF MEETING

BOARD OF SELECTMEN

AUGUST 21, 2007

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

Richard H. Agnew, Town Administrator

Press: Patriot Ledger

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for August 21, 2007. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

WALK-INS – Mr. Harris began by explaining that the “walk-in” period is designated for people to make very brief (5 minute) statements and then the Board may decide if it is an item that may require additional time. If so, the item would be placed on a future Selectmen’s agenda.

Mr. Tom Carr, 13 Whortleberry Lane, has concerns about making the North Scituate MBTA station as “pedestrian friendly” as possible. He spoke about staging areas taking up valuable parking spaces (138 spaces). He wants to know what the Town can do to encourage neighborhoods to walk to the station, rather than drive. Mr. Reidy asked why the parking lot is being used as a staging area? Due to bridgework being done in North Scituate. Unfortunately, the Town is currently facing a “real money crunch” and it does not appear that any capital expenditures, which includes a planned sidewalk for Henry Turner Bailey Road, will be done this year. Capital Planning is talking about not doing any bonding due to last year’s overrides. Mr. Carr suggested that the DPW could at least push back some of the road barriers a couple of feet so there is adequate space for pedestrians.

Ms. Kathleen Hillman, 64 Edward Foster Road, distributed a plan to the Board entitled “Proposed Changes to Certain Intersections on Second Cliff”. Ms. Hillman stated that these recommendations were brought to her attention by members of the Cliffs Association. Apparently, Mr. Mark Fenton, Crescent Avenue, has been “spearheading” this effort. The Traffic Rules and Regulations Committee has looked at the plans, but not voted on them. Discussion continued on funding for the proposed changes. Ms. Hillman does not believe the intersection in front of her home needs to be changed. “It is a very safe intersection and in the nine years I have lived there, there has never been an accident.” She further noted that the boatyard on Edward Foster Road would be expanding to accommodate larger boats. They will need the intersection to remain large to get these boats in and out of the yard on trailers. Mr. Agnew stated that the Selectmen still need recommendations back from the Traffic Rules and Regulations Committee and the Cliffs Association before any decision will be made on this intersection. Ms. Hillman is uncertain how she will enter and exit her property if the intersection is changed according to these plans. She reminded that safety is her utmost concern. Mr. Mark Fenton stated that the neighborhood has been meeting on the intersections in this area and it was from recommendations made at those meetings that prompted these plans. The neighborhood concerns, at this particular intersection, are traffic speed and motorists rolling through the stop

signs. If the intersection is “tightened up”, it will probably control speed to a certain extent. He does not believe there is any indication that an additional expense will be incurred. According to an engineer from Weston and Sampson, it will really reduce the pavement area.

3. DISCUSSION/ VOTE/ Common Victualler’s License/ Java Junction/ N. Scituate

Ms. Ellen Evensen, applicant, was present at tonight’s meeting. Ms. Evensen stated that she would like to have a coffee shop at 763 Country Way. She plans to serve hot coffee and tea.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT a Common Victualler’s License for JJ Corp d/b/a Java Junction, 763 Country Way, North Scituate in accordance with all inspections by the Health and Building Departments. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

WALK-INS (continued)

Mr. Agnew stated that there has been much controversy this summer over beach access in terms of whether Harvard Street in Humarock is a private or public way. The Town Administrator was given a draft letter by a Humarock resident requesting that all residents use public access to go to the beach. He (Town Administrator) was asked to authorize the resident to use Town stationery and Town envelopes. “It I had it to do over again, I wouldn’t have authorized the letter to be sent.” The 1933 Town Meeting accepted one side of Harvard Street as an accepted way – the side of Harvard Street that goes towards the River, not the side that goes towards the ocean. It appears that the original developer of this area granted easements to Town of Scituate residents, but the ocean side of Harvard Street was never accepted by Town Meeting.

Mr. Peter Johnson, 47 Sylvester Road, stated that for the past twenty years he has parked in the Humarock municipal parking lot and then walked down Harvard Street to access the beach. He noted that for the past three years, there has been a terrible problem there. Recently a woman on Harvard Street “chased my wife and I down to the beach”. “We have been respectful of Harvard Street residents, they need to be respectful on us”. Now a fence has been erected at the beach end of Harvard Street. “Can we legally walk down Harvard Street?”

Mr. Danehey stated that the Town has not accepted Harvard Street as a public way and your rights cannot be enforced. Your remedy would be a private remedy – you would have to hire an attorney. “This Board has no authority to advise you what to do in this case.” He understands that similar situations go on up and down the length of Humarock. Mr. Johnson asked if the Harvard Street residents have the right to “make their own law”? Mr. Danehey stated that they do have rights according to their deeds. You could conduct a title search on their deeds. “There is a strong possibility that litigation could be involved. The Town would not interject itself in this matter.” Mr. Johnson asked about Police involvement? Mr. Agnew stated that action could be taken in a trespassing situation. “The land owners would have the burden of proof that it is private property.” Mr. Danehey noted that assault would be considered a different matter. Mr. Reidy stated that he, as the previous Chairman of the Board of Selectmen, attended last year’s annual Humarock meeting. “It was a hornet’s nest.” Mr. Reidy suggests that the Town not plow private ways next winter. Mr. Agnew stated that the Town has always plowed private ways for safety reasons. “Private road or not, the residents pay taxes and are entitled to public safety.”

Mr. Agnew noted that seawalls, for the most part, are public. Mr. Murray concurred and stated that “anyone can walk on them”.

Mr. Harris stated that he and Mr. Murray attended this year’s Humarock meeting and “it was not our intent to have this happen”. Discussion continued on the best way to determine whether this road is public or private. Ms. Rosemary Dobie, Humarock resident, understands that abutters own to the center of the road on a private way, but she does not believe that Harvard Street residents own to the low water mark on the beach. “People have a right to go to the beach.” Mr. Danehey stated that anyone can access the area located between low and high water marks especially if they fishing or hunting. He again stressed that this is a “private matter”.

4. ACCEPT GIFT/ Memorial Bench/ Scituate Marine Park

Mr. James Casey, Chairman of the Scituate Marine Park Committee, and Ms. Alma Morrison were present at tonight’s meeting. Mr. Casey explained that Ms. Morrison had contacted him regarding the donation of a memorial bench in her husband’s name, Raymond C. Morrison, to be placed at the Marine Park. It would be a dark granite bench, approximately four by two feet and eighteen inches in height with Mr. Morrison’s name and dates. Ms. Morrison explained that her husband enjoyed boating in Scituate Harbor and kept his dingy at the Park’s location.
Mr. Murray thanked Ms. Morrison for this donation and noted that it would fit in very nicely with the implementation stage of the Park.

Mr. Norton made a MOTION that the Board of Selectmen ACCEPT Alma Morrison’s kind gift of a granite, memorial bench in memory of her husband, Raymond C. Morrison, to be placed at the Scituate Marine Park. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

Mr. Casey stated that he looks forward to attending a future Selectmen’s meeting to discuss how the Scituate Marine Park Committee has fulfilled their purpose and permanently joined the Waterways Commission.

5. VOTE/ OUTDOOR ENTERTAINMENT PERMIT/ Glades Road/ Stanton

Mr. Ryan Stanton, 143 Glades Road/ Apartment A, was present at tonight’s meeting.

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to GRANT an Outdoor Entertainment Permit to Ryan Stanton, 143 Glades Road, for amplified and acoustic band music on Sunday, September 2, 2007 from 4 PM to 11 PM. All immediate neighbors must be notified of this event. SECONDED by Mr. Danehey. Discussion – Mr. Norton asked what type of event was being held at this location. Mr. Stanton answered “a party”. No further discussion. Unanimous vote. (5-0)

6. DISCUSSION/ VOTE/ Memorial Clock/ North Scituate/ S. Roberts

Mr. Scott Roberts, 34 Christopher Lane, stated that he, Gil Wilder, Nancy Young and Myron Boluch would like a street clock to be erected in North Scituate in Chick Gates’ name. This group of people are only interested in the “naming rights” of the clock, which would involve the installation of a plaque at the base. Mr. Roberts suggested that the clock would be owned, operated and maintained by the Town. The preferred location would be the triangular park

at the intersection of Henry Turner Bailey Road and Country Way. It is hoped that the clock would be installed by this November. After reviewing a number of street clock companies, the group has decided that the Verdin Clock Company, the same company that restored the Lawson Tower bells, would be the best choice. The height of the clock would be 10’ 9” and the face is 24”. The total cost would be $13,600. Electrical conduit has already been installed at this site. It is the group’s objective to raise $10,000 for the naming rights. He believes this will be a very nice tribute to Mr. Gates whose name is synonymous with North Scituate. Mr. Norton asked for more information on the clock’s maintenance. Mr. Roberts stated that there is a maintenance package and a three year guarantee on the clock. Mr. Danehey wondered if maintenance costs might be handled by the Chamber of Commerce and North Scituate merchants? He further stated that this is a nice tribute and improvement of the area.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT a street clock honoring Lawrence “Chick” Gates to be installed in a small park off of Henry Turner Bailey Road, North Scituate. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

7. DISCUSSION/ VOTE/ Keno License/ Mad Fish Restaurant/ Humarock

Mr. Edmund Cela, owner of the Mad Fish Restaurant, and his wife, Ilda Cela, were present at tonight’s meeting. Mr. Cela stated that his regular, year ‘round customers have asked for Keno in his restaurant. These customers work all day and come to the restaurant for a few drinks and would like to play a few games of Keno before they go home. He tries to make customers as happy as he can especially during the lean, winter months. Mr. Norton asked if there are still future plans to tear this building down? Mr. Cela answered “yes, those are the landlord’s plans when he gets the permits in approximately one year’s time”. Mr. Murray supports a restaurant and more of an “upscale” approach at this location. He feels that Keno is more of a “bar activity” than a restaurant activity. Mr. Cela stated that his restaurant is very “family friendly”. The interior of the restaurant really has two different areas – the bar area and the dining room/patio area. Mr. Danehey asked what other establishments in Scituate have Keno? The Satuit Restaurant. Mr. Harris noted that Pier 44 used to have a Keno license.

Mr. Reidy stated that he had received a number of e-mails from citizens “pleading with the Selectmen not to let Keno go into this restaurant”. He also received an e-mail this evening that was in support of Keno at Mad Fish. This restaurant has seen a lot of activity in terms of liquor licensing over the past year. The Selectmen even allowed a later liquor service hour than what the neighborhood wanted. Mr. Reidy is “pro business”, but does not feel that Keno will “sink or swim” this business. He added that a sprinkler system has not been installed in the restaurant to date and that this has been a particular concern of the Fire Department. He would feel much more comfortable supporting this license if a sprinkler system was in place. Mr. Cela knows that the neighbors were concerned about the closing hour, but there have not been any problems. He has spoken to the Humarock restaurant patrons regarding Keno and they have no problem with it. Mr. Harris stated that even if the Selectmen do not support the Keno license, Mr. Cela may still appeal that decision to the Lottery Commission.

Mr. Murray stated that he very much wants the restaurant to succeed, but he does not support gambling as a general rule. Mr. Cela does not think the Keno will bring people into the restaurant, but it will keep people there. The nearby Bridgeway Restaurant in Marshfield has

Keno. He very much wants to keep his regular customers at his restaurant. Mr. Norton does not think that Keno will save this restaurant. Business in Humarock is seasonal and tends to fall off during the winter months. Neighborhoods deal with many issues during the year over which they have no control. This is one item that the Selectmen can say they do not support.

Mr. Harris asked for comments from the audience on this application. Mr. Julio Vasquez,
13 Dartmouth Street, stated that he is a resident of this area and the Mad Fish Restaurant is a “draw” in this neighborhood. He works in Boston and enjoys going to the restaurant to meet people. There have been no issues there with parking or anything else. Mr. Cela faces some “stiff competition” from the across the street with the new Bridgeway Restaurant. “Keno is everywhere. The Board should reconsider their decision.” Mr. Russell Clark, 8 Webster Street, suggested that the Board support Mr. Cela’s request. “He (Cela) is trying to make a go of his business and he is running a good business. This is for the benefit of the community.”
Mr. Harris asked if there were problems with the Keno license in the future, could the liquor license hours be ‘rolled back’? Mr. Agnew stated that the Board could roll back the liquor license hours, but it could not be based on the Keno license. Mr. Cela stated that if there is a problem with the Keno license – he would get rid of it. Mr. Murray does not understand how gambling would contribute to the betterment of the community. Mr. Norton stated that “unfortunately, Keno or no Keno, you may still be faced with a slow winter again this year”.

Mr. Norton made a MOTION that the Board of Selectmen NOT SUPPORT the application for a Keno License by Humarock Mad Fish, Inc., 8 Dartmouth Street, and further that a letter be sent to the State Lottery Commission to this effect. SECONDED by Mr. Danehey. Discussion – Mr. Cronin, Humarock resident, hopes the Selectmen’s letter to the State Lottery Commission would speak about the lack of a sprinker system in this building. Mr. Dick Martin, Marshfield resident, stated that he and his wife live approximately one mile from the Mad Fish Restaurant. They prefer to go the Mad Fish Restaurant over the Bridgeway Restaurant and they also prefer a restaurant without gambling or Keno. He stated that he would continue to support the Mad Fish Restaurant this winter if there is no Keno. No further discussion. Norton, Danehey, Murray and Reidy voted in favor of the motion. Mr. Harris voted against the motion. The motion carries (4-1).

8. VOTE/ Amend Town of Scituate Traffic Regulations/ Chief Stewart

Chief Stewart requested the following changes to the Town’s Traffic Regulations. Some of these fines have not been changed for forty years.

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to AMEND the Town of Scituate Traffic Regulations as follows: (1) Under Chapter X “Penalties”, Section 34100.1 Penalties Subsection (b) change the words Chapter 90, Section 20 C to read Chapter 90, Section 20 A 1 / 2. (2) Under Section 34100.01 “Penalties”, Subsection (b) change the fine for violation of rules 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13 from $15 to $25. (3) Under Section 34100.01 “Penalties”, Subsection (b), change the fine for violation of
Rule 7, upon any street or highway within ten feet of a fire hydrant from $15 to $100.
(4) Under Section 4100.01, “Penalties”, Subsection (b) rule 14 Waterfront Zones, change the fine from $30 to $40. (5) Under Schedule 2, “Waterfront Zones”, Section 1, change the words Chapter 90, Section 20C to read Chapter 90, Section 20 A 1 / 2 and change the penalty from $30 to $40 for violations. SECONDED by Mr. Danehey. Discussion – Mr. Danehey asked what happens when a vehicle obstructs a public way, ie. sidewalks? Chief

Stewart stated that if a vehicle is parked on a sidewalk it will be ticketed and towed. No further discussion. Unanimous vote. (5-0)

9. DISCUSSION/ VOTE/ “Proposed North Scituate Parking Policy”/ R. Agnew

Chief Brian Stewart and Mr. Albert Bangert were present at tonight’s meeting. Mr. Bangert stated that he, Mr. Agnew and Chief Stewart had recently met to discuss parking restrictions in North Scituate. In addition, Mr. Bangert had discussed the proposed restrictions with a number of North Scituate businesses. Discussion continued on a two hour parking restriction for the municipal parking lot. Mr. Norton asked if there would be ten, free spots for area businesses? Mr. Agnew stated that there would be some designated, free spots for a limited time only. Discussion continued on the hiring of a part-time person to check the money and enforce the parking regulations. Mr. Norton sees potential problems with people parking in this lot to shop at the businesses rather than taking the train. Mr. Bangert noted that the in the text of the MBTA Mitigation Agreement, the Town agreed to abide by the same MBTA parking lot regulations for the Town lot. Employees of the area businesses will have to pay $2.00 to park in the lot unless they have spots behind the buildings.

Mr. Norton asked what would happen if employees park in the parking lot next to Anderson Fuel, which is not owned by the Town, and walk to the commuter rail? Chief Stewart said that if the person that owns the parking lot is willing to sign a form, the Police Department can have cars towed from that lot. Mr. Bangert stated that “signing” these areas will be key to parking enforcement. There seems to be a spirit of cooperation amongst the business owners, but they would like a certain amount of flexibility to ease the conscience of some of their clients. Discussion continued on “no overnight parking” on Country Way, especially in the winter when plowing could be an issue. Chief Stewart stated that WATD can declare snow emergencies.

Mr. Bangert stated that currently, the parking signs in North Scituate do not include hourly restrictions, handicap restrictions or tow away zones. He has received three bids on the signage and streetscapes money will be used for signing in both North Scituate and Greenbush. He suggests that the Selectmen vote to release $24,000 from Streetscapes for this work.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to SUPPORT the following North Scituate Parking Policy: (1) Implement 2 hour parking restrictions from 8:30 AM to 5:30 PM, seven days a week for all municipal parking. (2) Include 10 free,
2 hour parking spaces in the east end of the Town operated MBTA parking lot. (3) Post “No Parking” signs in residential areas within a mile of the MBTA station. (4) Increase the parking violation fine to $25. (5) Implement a part-time parking enforcement officer to patrol North Scituate streets, the municipal lot and the Town operated MBTA lot. SECONDED by Reidy. No discussion. Unanimous vote. (5-0)

Mr. Reidy stated that Selectman Rich Lane had spent a great deal of time researching the signage at Cole Parkway. There are many different types of signs erected there. Maybe the regulations for that area can be revised in this same way. Mr. Reidy asked about the ownership of the Mobil Station in North Scituate? Mr. Bangert responded that the MBTA owns it and part of the parking lot agreement is that the MBTA has given the Town a license to use that property so long as it (Town) never rents or leases that land out to another entity. Mr. Reidy has concerns with the Town using the Mobil station property in terms of past contamination of the property. Was a 21E study done on that land? No answer was recorded. Mr. Danehey noted that the Town could
be sued just for using the property. Mr. Harris noted that the parking lot has “gas traps” installed in it. Mr. Bangert stated that there are also special water separators in the lot due its proximity to Bound Brook. Mr. Bangert suggested that the Town could let the MBTA retain that particular portion of the municipal lot. Perhaps Town Counsel should be consulted on this matter. Discussion continued on the actual proposal between the Town and the MBTA for this lot.

11. APPOINT TOWN COUNSEL

Mr. Harris stated that the Town had been with Kopelman and Paige for over twenty years. Recently, the Selectmen interviewed five law firms for the position of Town Counsel, one firm being Kopelman & Paige. Mr. Danehey noted that all five firms were very well qualified. They all offered different services and some were very large and one was a sole attorney. No slight is meant to Kopelman & Paige who has very good attorneys, but have gotten quite expensive as many Boston firms have in recent years.

Mr. Murray made a MOTION that the Board of Selectmen APPOINT Murphy, Hesse, Toomey & Lehane as Town Counsel. Effective date will be announced after consultation with the Town Administrator. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Danehey suggested that appointment should be effective now. Kopelman & Paige will have to “transition” cases with new counsel. Mr. Reidy reminded that this coming Thursday would be the day to file dispute resolution with the MBTA – who will handle that? Mr. Agnew stated that he would take care of the dispute resolution filing. He added that the contractor has done an amazing amount of work to the roundabout in the last couple of days. Mr. Danehey still suggests having all the paperwork ready for dispute resolution on Thursday. Mr. Agnew suggested making a decision on that day. Mr. Norton asked who would be making the decision as to whether the roundabout is “substantially complete”? Mr. Bangert and the Town engineers. Discussion continued on the best way to “preserve the right of dispute resolution” with the MBTA. Mr. Bangert gave an update on the contractor’s progress.

12. RESOLUTION / Mass Recycles Paper

Mr. Murray made a MOTION that the Board of Selectmen ENDORSE the Massachusetts Department of Environmental Protection’s “Mass Recycles Paper” campaign. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

13. OTHER BUSINESS

Mr. Norton asked for a future agenda item on Streetscapes. He asked the Town Administrator where the Town stands on “unfunded liability” for its retirees? He knows that money was voted to fund this project at the Annual 2007 Town Meeting. Mr. Agnew will check the status with the Town Accountant.

Mr. Norton asked about the placement of recycling barrels at the ball fields? Mr. Agnew will have Supervisor Mike Breen research the idea. Mr. Norton spoke about a new program being launched by the Recreation Department and the Steverman family in terms of sailing and rowing programs at the Scituate Marine Park. Mr. David Ball, President of the Historical Society, has

been involved in the historical aspects of dory rowing in this area. Mr. Murray noted the excellent job that was done recently to restore the mossing shed on the property.

Mr. Reidy asked if the tennis court lights at the Gates Intermediate School could be turned on earlier in the evening? Discussion continued on the possibility of the Town joining the State’s health insurance program. Mr. Reidy noted that the Financial Forecast Committee “needs to get its hands around the health insurance costs, unfunded liability and pension issues”. He believes the Town will have difficulties funding projects every year due to these issues. “We need to be proactive.” He suggested that the Treasurer/Collector speak to the Board about this in the near future. Mr. Agnew will be attending a South Shore Managers Meeting tomorrow where this will be an item for discussion. He noted that if union negotiations are a part of this process, it will not be settled in time to join up next year. Mr. Agnew stated that Scituate pays one of the lowest percentages for employee health care in the Commonwealth. “The cost benefit of switching over (to the State’s plan) may not be worthwhile.” He further stated that some of the Town Managers are concerned about the State managing their health insurance.

Mr. Murray asked that Mr. Jim Casey, Chairman of the Scituate Marine Park Committee, be on the next Selectmen’s agenda.

Mr. Danehey asked that the Selectmen choose a Zoning Board of Appeals’ liaison member other than himself for Pier 44 issues only. Mr. Harris offered to be the Zoning Board of Appeal’s liaison member on Pier 44 issues.

14. MINUTES

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of January 16, 2007. SECONDED by Mr. Harris. No discussion. Reidy, Harris and Norton voted in favor of the motion. (3-0) Mr. Danehey and Mr. Murray did not vote.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of July 31, 2007 and August 7, 2007. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

15. LABOR NEGOTIATIONS & PENDING LITIGATION (Executive Sessions)

The Board of Selectmen entered into Executive Session via roll call at 9:19 PM and did not return to regular session this evening.

16. ADJOURNMENT

The regular session was adjourned at 9:19 PM.

BOARD OF SELECTMEN

Shawn Harris, Chairman

John F. Danehey

Richard W. Murray

Joseph P. Norton

Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant