MINUTES OF MEETING

BOARD OF SELECTMEN

SEPTEMBER 9, 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. Norton made a MOTION that the Board of Selectmen VOTE to AMEND the Agenda for September 9, 2008. SECONDED by Mr. Harris. No discussion. Voted 3-0. Murray, Norton and Harris were present for the vote.

3. PENDING LITIGATION (Executive Session)

Mr. Vegnani entered the meeting at 6:31 PM.

The Board of Selectmen entered Executive Session via roll call at 6:32 PM with Mssrs. Murray, Norton, Harris and Vegnani participating.

4. 7:00 PM/ REGULAR SESSION CALLED BACK TO ORDER / WALK-IN PERIOD

Mr. Murray called Regular Session back to order at 7:40 PM.

Mr. Danehey entered the meeting at 7:40 PM.

There were no walk-ins this evening.

5. DISCUSSION/ VOTE/ DRAINLAYER’S LICENSE/ J. F. Cook & Sons

Mr. John F. Cook, applicant, was present at tonight’s meeting. He has a job on First Parish Road and for which a drainlayer’s license is needed. Mr. Vegnani noted that Mr. Cook’s worker’s compensation insurance certificate appears to have expired in August 2008. Mr. Cook stated that he would fax an updated version to the Town’s Sewer Division.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to APPROVE the application for a Drainlayer’s License for J. F. Cook & Son, Weymouth, Massachusetts and further, to authorize the Chairman, on behalf of the Board of Selectmen, to sign the application for this Drainlayer’s License. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

6. ONE-DAY/ Wine & Malt Beverages License/ Scituate Garden Club

Ms. Kathy Donahue, member of the Scituate Garden Club, was present at tonight’s meeting. Ms. Donahue explained that the Garden Club will be holding its annual flower show at Saint Mary’s Parish Center on Kent Street on Friday evening, September 19th, and would like to be able to
serve wine to members and guests.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a One-Day Wine & Malt Beverages License to the Scituate Garden Club for a “Preview Party” for the flower show to be held at St. Mary’s Parish Center, One Kent Street, on Friday, September 12, 2008 from 7:00 PM to 9:00 PM. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

10. 7:45 PM/ DISCUSSION/ VOTE/ POLE PETITION #5047918/ Captain Pierce Road

Ms. Aileen DeRoyce, Engineer/ National Grid, was present at tonight’s meeting. Ms. DeRoyce stated that National Grid would like to install a new pole to replace a tree guy. The “guy” out of the tree it was originally attached to and the pole to which it was attached is now leaning. The new pole will “shore it up”.

Mr. Norton expressed concern about the time National Grid is taking to remove the telephone pole at the intersection of Henry Turner Bailey Road and Route 3A. The pole and the barrels around it pose a real safety concern. Ms. DeRoyce stated that National Grid has started the process to remove the pole. Mr. Norton wonders what the “hold up” has been on this – “it should be a top priority”. Ms. DeRoyce understands and will bring Mr. Norton’s concerns back to National Grid. Mr. Danehey stated that he is willing to “hold up” the granting of these petitions in order to get the work done at the aforementioned intersection. Mr. Agnew suggested voting these pole petitions subject to the removal of the pole on Henry Turner Bailey Road and Route 3A. Mr. Murray asked if there are any safety issues with the poles listed in the petitions before the Board this evening? No answer was recorded. He would not want a potentially hazardous situation to occur if the Board holds up the petitions. Mr. Harris asked if any abutters listed in the petitions were present this evening? Mr. David Becker, 50 Captain Pierce Road, stated that the guy wire that came down was on a tree in his yard. The tree fell years ago and the pole has been without a guy for all that time. Why is a pole “guy” needed now? Ms. DeRoyce stated that the situation recently came to the attention of National Grid when electrical service started to pull away from two homes. She noted that Mr. Becker’s home is one of these homes. Mr. Becker asked for additional information on the new pole’s location. Ms. DeRoyce stated that a blue and white stake was installed approximately seven feet from the driveway to mark the location. Mr. Becker asked that the new pole be located as far away from the driveway as possible.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #5047918 to install new Pole #14S on Captain Pierce Road contingent upon an agreed location between the homeowner and National Grid, in accordance with all conditions set by the Department of Public Works and the removal of the pole at the intersection of Henry Turner Bailey Road and Route 3A. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

11. 7:50 PM/ DISCUSSION/ VOTE/ POLE PETITION #4502368/ Country Way

Ms. DeRoyce stated that the residents at #277 Country Way have requested the removal of a tree “guy” and a new pole needs to be installed for the “guy” wire. No abutters were present.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #4502368 to install new pole #522S on Country Way and in accordance with all conditions set by the Department of Public Works and upon the removal of the pole at the Henry Turner Bailey and Route 3A intersection. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

7. PRESENTATION/ Hamilton Company/ Welch Company Building

Attorney Robert Brooks, representing Mr. Harold Brown, a principle in the Hamilton Company, spoke of Mr. Brown’s long affiliation with the Town of Scituate. The Hamilton Company met with various Town committees, Boards and Commissions last month to apprise them of the Company’s intentions to restore the old Welch Company building. Mr. Brooks stated that 140 years ago, Mr. Welch started a lumber, furniture and hardware store, which ran for the next eighty years and evolved during those years. The property has not been in use for the last four years and the Hamilton Company would like to improve the building’s aesthetics and make it into 14,000 square feet of retail space and 9,000 square feet of office space. In addition, they hope to have a year ‘round restaurant on site. The Hamilton Company paid $2.5 million for the property and will spend in excess of $700,000 to renovate the building. They will keep the Welch Company name for the building. They have already met with the building inspector and all safety issues will be addressed.

Mr. Norton welcomed Mr. Brooks, who previously served on Scituate’s Board of Assessors for many years, back to Scituate. Mr. Norton does not know of any project “more welcome and more anticipated than this one.” The Town is solidly behind this project and hopefully the residents will visit the shops and businesses at this location. “Thank you and good luck with the project.” Mr. Vegnani asked if the building will have a residential aspect? No. Parking was discussed. The Hamilton Company is planning on re-striping its existing parking lot and believes they will pick up twenty to thirty parking spots, which would be more than enough to meeting the building’s need. Mr. Agnew noted that the existing parking, located behind the Welch Company building, is in fact, designated for that building. Mr. Vegnani noted that a building of this vintage would really be in need of some restoration efforts. The Hamilton Company is becoming more and more aware of that fact each day! The renovated building will have new siding, roofing and interiors. “It will be a Class A finished product and each interior space will have its own HVAC system.” Mr. Brooks stated that all structural issues have been discussed with Mr. Duggan. Mr. Danehey asked if the old “Flounder In” building would be torn down or renovated? Mr. Brooks answered that it would be renovated. Mr. Danehey thanked the Hamilton Company for renovating this historic building. “You are preserving a piece of Scituate’s history and I commend you for doing it – it is a great service to the Town.”
Mr. Brown stated that the Hamilton Company has been rehabilitating buildings such as this for the past fifty years. He agrees that this is a historic building that is really being rebuilt from scratch. They are even getting swatches of paint to match the original color of the building.

Mr. Harris noted that the Hamilton Company has taken on a difficult project and he is glad they are willing to restore the building. “Good luck and thank you.” Mr. Murray stated that he
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Board of Selectmen – Minutes of Meeting – 9/9/08

greatly appreciates the Hamilton Company’s work on this project. Mr. Brooks stated that they are hoping for building occupancy by April 2009. They are working on the exterior now and will be working on the interior during the winter months. The Hamilton Company presented
t-shirts depicting the Welch Company building to the Board of Selectmen.

8. DISCUSSION/ VOTE/ Animal Shelter Agreement

Attorney Brian Sullivan and Ms. Kim Stewart, Friends of the Scituate Animal Shelter, were present at tonight’s meeting. Mr. Murray noted that a draft of the Animal Shelter Agreement was presented to the Selectmen at their August 19, 2008 meeting. There was quite a bit of discussion at that time and ultimately, Mr. Murray asked that a subsequent meeting take place between Mr. Vegnani, Mr. Danehey, Town Counsel and the Friends of the Animal Shelter. This meeting produced the one and one quarter page Animal Shelter Agreement being presented to the Board this evening. Mr. Danehey’s and Mr. Vegnani’s concerns have been addressed.
Mr. Murray noted that the Animal Shelter and the Town of Scituate have had a good relationship in the past and the expectation is that this will continue in the future. Mr. Norton thanked
Ms. Nancy Testa and Ms. Kim Stewart for their hard work on this project. Mr. Harris concurred.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT the Animal Shelter Agreement as presented on September 9, 2008. SECONDED by Mr. Harris. Discussion – Mr. Scott Roberts asked “if in the unlikely event the Animal Shelter ceases to exist, does the Town have first refusal on the property”? Mr. Agnew answered “no”. Ms. Donahue, Cushing Landing, believes the Town should have that right. Mr. Danehey believes that the Town “is covered” and that particular language is not necessary to this document. Mr. Murray read an excerpt from item #4 in the document. No further discussion. Unanimous vote. (5-0)

Both the Board of Selectmen and Ms. Stewart, on the behalf of the Friends of the Scituate Animal Shelter, signed the Animal Shelter Agreement.

9. AWARD CONTRACT/ Eighth Avenue Seawall Repair

Mr. Agnew stated that the low bids on this project were all within five percent of each other. The low bidder, S.M. Lynch Corp. of Weymouth, Massachusetts has done a lot of the seawall work in the Scituate in recent years and the Town has been pleased with their work. The funding for this project comes from the 2007 Annual Town Meeting’s Capital Plan. Mr. Vegnani asked if the State would reimburse the Town for this work? Mr. Agnew answered “no”. Mr. Danehey explained that this project involves a missing section of seawall on Oceanside Drive.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the Foreshore Protection Structure Improvements Project, Contract No. 08-FS-01 to S. M. Lynch Corporation of Weymouth, Massachusetts for a total bid price of $474,800.00 with payment to be made at the unit prices and/or lump-sum prices pending receipt of a Certificate of Insurance, 100% Performance and 100% Labor and Materials Bond. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

12. DISCUSSION/ VOTE/ Transfer Station Fee Structure/ A. Bangert

Mr. Bangert has reviewed the figures, past and present, for the Transfer Station. He would like to present his conclusions and a list of recommendations this evening. Mr. Agnew concurs with Mr. Bangert’s recommendations. By way of history, the landfill was capped in 1990 and municipal waste is now transported to SEAMASS. 39% of the waste is recycled at our Transfer Station. The income level at the Transfer Station has failed to keep up with the associated rising costs. Mr. Bangert has looked into ways to cut the budget, income from the gas flare, curbside trash pick up, alternative methods for collecting yard waste, recycling, bags, haulers, traffic patterns at the Transfer Station, adding or reducing employees and he has also met with employees at transfer stations in other towns. Mr. Bangert’s conclusion after examining all the foregoing items is that in the eight years the Transfer Station has been operating, the revenue side of the operation needs an adjustment. The Transfer Station was $267,000 short in the fiscal year that just ended on June 30th. “These funds must be made up by the taxpayers.” He further stated that stickers are not covering the operation of the Transfer Station and the blue bag revenue is not covering the cost of what the Town pays to SEAMASS. This latter category is falling $98,000 short. The recycling “stream” consisting of paper, glass, tires, metals, computers, oils and antifreeze is making a slight profit of $5,000 per year. Construction and demolition is $69,000 short. Yard waste is falling $10,000 to $23,000 short.
The cost of capping the landfill has been spread out over the years and costs $17,000/year. The $267,000 shortfall must be made up over the next nine months.

Mr. Murray noted that the water and sewer divisions, the schools (trash barrels at the fields, etc) all generate trash and the Town does not charge back for any of that. Mr. Vegnani noted that the Department of Revenue (DOR) mandates that any shortfall in an enterprise fund must be corrected. Mr. Agnew stated that in early December 2008 the recap, which is sent to the DOR, must show that our funds are balanced. If our enterprise funds are not balanced, we cannot set the tax rate. “Timing is of the essence.” Mr. Murray asked if the scale is being used successfully? Mr. Bangert has observed the operation of the scale and he stated that it is “working fine”. Mr. Danehey asked about the cost of the blue bags. The Town pays $68,000 to purchase blue bags. The 30 gallon bags cost the Town .18/bag and the 15 gallon bags cost .11/bag.

Mr. Bangert suggested that the current sticker fee not change in price. Mr. Murray asked about raising the second sticker price. Mr. Agnew believes if the second sticker price is raised that people simply will not buy them. “We want people to come to the Transfer Station.” He does recommend increasing the cost of the blue bags; 15 gallon bags – from .50 to $1.00/bag and 30 gallon bags – from $1.00 to $2.00/bag. He noted that the cost of bags had not changed over the past eight years. Homeowners can recycle more if they do not want to use as many blue bags. Mr. Bangert also recommends increasing the bulky waste fee from $110/ton to $120/ton. Discussion continued on whether people would drive to Bourne or Brockton where bulky waste disposal is $95/ton.

Mr. Bangert recommends replacing the Take It or Leave It (TIOLI) with a different way of recycling these types of items. “A lot more is left at the TIOLI than items taken away.” The cost to operate the TIOLI is $33,000 per year. People see it as a method of “free disposal” and that is a real problem. Mr. Bangert spoke about some different methods by which people may to offer reusable items from their homes to those who could use such items. Big Brothers – Big Sisters

organization, Goodwill and the Salvation Army will even pick up items from residences. Area consignment shops and yard sales were some other ideas put forward. Mr. Murray asked if any of these organizations would come into the TIOLI and run it for the Town? Mr. Agnew is not certain they would want to – the Town has had trouble with their own employees receiving abuse from some residents at the TIOLI. Mr. Bangert stated that these groups would not be interested in taking over our TIOLI. Mr. Danehey asked if people will simply dump their trash out at the curbside? No answer was recorded. Mr. Bangert suggested having a bulletin board at the recycling center to list items that people need and items that people want to give up.

Mr. Vegnani put an idea forward a month ago in which the TIOLI would be moved over to the side of the operation where residents have to pay. “If you are throwing something away, you have to pay for it.” That would eliminate the cost of the TIOLI and we would be keeping the service. “Residents would still have to pay to go into that area.” Mr. Agnew asked how this would be monitored. Mr. Danehey suggested a $25.00 sticker specifically for TIOLI. Any resident wishing to enter the TIOLI area would need to have a sticker. The gatekeeper would have to check the stickers. It would not mean adding an additional employee. He noted that residents may want to volunteer to check stickers. Mr. Danehey also suggested reducing the number of days the TIOLI is open. Maybe it should just be open two or three days a week. Mr. Bangert asked “what is the objective of the TIOLI”? It is his understanding that other towns that have TIOLI’s also have problems with this type of operation. “This is turning into a cottage industry.” Mr. Danehey thinks there are people in Scituate who truly need the TIOLI and it affords people the opportunity to recycle within their community. Mr. Norton agreed that there are a few residents that are spoiling it for the many others who do need it. He noted some residents taking pick up trucks into the TIOLI and loading items to later sell at a yard sale.
Maybe there is “middle ground” that can be reached on this issue.

Mr. Agnew suggested that the Board vote on the other items presented by Mr. Bangert this evening and wait voting on the TIOLI until the next meeting. Mr. Harris stated that many residents had contacted him on the TIOLI. He thinks the sticker idea may be a good one, but it would slow down traffic into the Transfer Station on the weekends. Mr. Harris suggested only having the TIOLI open during the weekdays. Mr. Vegnani stated that Mr. Bangert’s alternatives would be good ones if the Transfer Station did not already have a TIOLI in place. He would like to see the TIOLI in some form, but it must be self-sustaining. Mr. Bangert suggested that the Transfer Station employees not clean out the TIOLI each evening, as they usually do, for a two week period of time.

Mr. Bangert stated that the cost of removing yard waste from the Transfer Station creates an $8,000 shortfall each year. He suggests that the Town charge $2.00 per barrel and $10 per
pick up truck with yard waste. These prices are comparable to neighboring facilities. This area of the Transfer Station has turned into a “free area” for landscapers. Mr. Vegnani would like to focus on the commercial users if they are the ones that abuse it. “People should be able to throw their leaves in there for free.” Mr. Agnew suggested charging for trucks, but not for barrels.

Ms. Ann Burbine, 10 Pennycress Road, asked if the Transfer Station would every really be self-sustaining? She asked about all the trash at the playing fields, beaches, Town Hall and barrels in the Harbor and North Scituate. “Should indirect costs pay for some of this?” Mr. Agnew stated that $100,000 was used from the tax levy to cover debt and interest and technical services for the closure of the landfill.

Mr. Murray asked if the Transfer Station should be billing the Department of Public Works? Mr. Agnew stated that everyone would be billing the General Fund – “it is not worth it”. Ms. Burbine asked if the Town had figured out the cost of picking up and disposing of Town trash? Mr. Harris stated that the scale would give you that information. Mr. Agnew stated that “it would be a wash”.

The Selectmen concurred that the second vehicle sticker price should be raised from the current $10.00 to $25.00 per vehicle.

Mr. Murray suggested voting Mr. Bangert’s series of recommendations except for the TIOLI.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to make the following changes in Transfer Station fees effective September 10, 2008: 15 gallon Pay As You Throw bags to $1.00/bag, 30 gallon Pay As You Throw bags to $2.00/bag, C & D and Bulk Waste fee to $120 per ton and Yard Waste to $2 per barrel, $10 per pick-up truckload, $20 per one-ton truckload and $25.00 for the second sticker price. SECONDED by Mr. Harris. Discussion – Mr. Murray thanked Mr. Bangert for this thorough analysis of the Transfer Station and thanked the Board for a good discussion. No further discussion. Unanimous vote. (5-0)

13. UPDATE/ Founder’s Park/ Cole Parkway/ L. Harbottle

Mr. Murray noted that the Founder’s Park project is possible due to donations from Mr. Ladd. Ms. Laura Harbottle, Town Planner, was present and distributed a “hand out” to the Board. She explained that a series of discussions have been taking place between herself, the Harbormaster, Sally Coyle (landscape architect) and Mr. Ladd, the benefactor. “This is still a work in progress.” It was thought that the best idea would be to begin with the design of Founder’s Park and the first part of the Harbor walk. This would be done as one project and works well with potential funding from the Community Preservation Act (CPA) and the parking lot area. Specifically, the group is discussing a grade change to the walkway and the plantings located between the parking lot and the walkway. Funding is expected from Mr. Ladd, the CPA and local businesses. Most of the Harbor businesses have been positive about this project. The park at the Cole Parkway end of the Harbor will really encourage people to linger there and utilize the businesses in that area. The current parking area is “dead ended” and difficult to access.

Mr. Murray stated that the “park will be a destination and it will be nice to have a crosswalk across to Maria’s”. He understands that the parking issue still needs to be discussed. “The owner of Maria’s thinks this is a positive.” Phase I (the Park), thirteen parking spaces will be lost in that area. Phase II will gain two parking spots back in this area, so the net loss will be eleven spots. Mr. Harris stated that this is the first time he has seen the plan. He understands that the parking in front of Maria’s is not the best design, but “taking any spaces from Cole Parkway is a mistake.” The proposed design does look very good, but he is not in favor of losing any parking spaces. Mr. Harris further stated that Cole Parkway’s overall parking design is not very good, but its parking spaces should not be reduced. Mr. Norton believes it may be time to look at Cole Parkway’s parking design overall. Could there be a better design and could it be re-striped? Mr. Danehey concurred. Concerns were raised about lost parking spaces at last night’s Chamber of Commerce meeting. Discussion continued on improving the bandstand area.

Ms. Harbottle stated that a parking study was conducted in 2000 for a possible commuter boat. A

thorough analysis of Cole Parkway was done at that time and 150 vacant parking spaces were counted in the middle of July. She will provide this study to the Selectmen. She believes that parking there is “a matter of perception”. Mr. Murray suggested that “the idea is not to have separate parks, but one larger park”. Mr. Danehey stated that he had spoken to Mr. Ladd about the original idea of the Harbor Walk and “this plan seems a lot larger than the original plan”. He suggested that a better location for a green space would be right on the water. “Money would be better spent at that type of location.” Mr. Murray stated that Mr. Ladd had been involved in every step of the planning process. Mr. Norton noted that the parking study that took place in 2000 studied a very different Harbor area than what we now have. The condominiums had not been built at that time. Ms. Harbottle stated that the condominiums had to provide their own parking. Mr. Norton responded, “but they did not”. Mr. Vegnani noted that the Welch Company gained twenty-five extra spots when their parking lot was re-designed. He asked about the cost of the proposed park? Ms. Harbottle estimates that Phase I will cost approximately $47,000. Mr. Ladd has already donated $25,000 for the park and other private entities are being contacted for the balance. Mr. Norton asked for more details on the funding and Mr. Murray asked for a construction time line. Ms. Harbottle hopes to be able to provide information on both later this fall.

Mr. Harris reminded that parking for the new Conway building tenants at Cole Parkway is still being examined. “How can we be talking about eliminating parking spaces when this hasn’t even been resolved?” He noted that the Village Market parking lot is abused all summer by people parking there for Harbor events. Mr. Murray noted that the Selectmen must vote on this item, but more information is needed on finances and reducing parking space loss.

14. DISCUSSION/ AWARD CONTRACT/ Greenbush Streetscapes

Mr. Danehey recused himself because his office building is directly abuts this project. Mr. Bangert submitted “back up” information to the Board of Selectmen in terms of sidewalks, parks and lighting, etc. Mitigation money has been designated to do this work in Greenbush and he is asking the Selectmen to award the contract for the work. He has presented a Base Plan and an Alternate Plan. The difference between the two plans is a small section between Stockbridge Road and Union Street/ Old Country Way. The Base Plan includes sidewalks, trees, lighting, stamped concrete across driveways, decorative lighting and handicap accessible sidewalks, which tie into the main part of the village. It will make for a “cohesive” look throughout Greenbush village. The Alternate Plan outlines a change in the layout of the sidewalks, a widening of the street and the addition of nine, on street parking spaces. An additional $66,000 would be needed for these nine parking spots and the Planning Board has approved this concept. The Fire Chief and the Police Chief are not in favor of the on street parking in this area because they feel there will be pedestrian and bicycle problems. The Department of Public Works anticipates a problem with snow plowing if there is on street parking. There were different contractors with low bids for the Base Plan and the Alternate Plan and those names have been presented this evening.

Mr. Murray stated that Mr. Mark Fenton, Planning Board, supports the Alternate Plan. Mr. Norton believes it is the consensus of the Selectmen to support the Base Plan. Once the Base Plan is completed, the Board may consider the Alternate Plan and the on-street parking. The Police Chief, Police Safety Officer and the Fire Chief all have good reasons for not supporting the on-street parking. Mr. Murray believes part of the problem with the Alternate Plan is that some of the road paving outlined in the Base Plan would have to be ripped up. Is there enough

money to do both the Base Plan and the Alternate Plan? Mr. Bangert answered “yes”. Mr. Norton reminded that construction jobs always seem to “run over”. Mr. Bangert noted that contingency funds cover such circumstances and it is that fund that is now paying for trees in North Scituate. Mr. Harris suggests putting money towards sidewalks in this area. Mr. Vegnani agreed. He noted that $66,000 seems like a lot of money for on-street parking. Mr. John Hallin, Beaver Dam Road, believes the on-street parking in this area will help to slow down traffic. At the very least, he suggested that the sidewalk outlined in the base plan be moved a bit in the event that on-street parking comes to this area in the future.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the Greenbush Streetscapes Project Base Plan, Contract 08-HW-01 to the D’Allessandro Corporation for a total bid price of one million, one hundred and ninety-four thousand, five hundred and forty-one dollars ($1, 194,541) pending receipt of a Certificate of Insurance, 100 % Performance and 100% Labor Bond. SECONDED by Mr. Norton. No discussion. Norton, Harris and Vegnani voted in favor of the motion. Mr. Murray voted against the motion. Mr. Danehey did not vote. (3-1) The motion carries.

15. DISCUSSION/ VOTE/ Plymouth County Advisory Board/ County Farm Deed Restriction

Mr. Norton explained that a group of citizens in Plymouth County called the “Friends of the County Farm” got together to preserve an area of farmland approximately six years ago. The County Commissioners have been trying to assist this group in getting a conservation deed restriction placed on the property so it may be “preserved in perpetuity”. The problem lies with the value amount of such a restriction. Two appraisals value such a restriction at $4.5 million, but the Plymouth County Commissioners are set to agree on a $300,000 amount for the restriction. The Plymouth County Advisory Board is requesting letters of support from surrounding cities and towns to urge the Plymouth County Commissioners to re-examine the dollar amount. Does Scituate want to support the Plymouth County Advivsory Board’s request?
Mr. Danehey spoke with Plymouth County Commissioner Reardon who said that the County Farm is located next to Plymouth’s correctional facility and apparently the land is clearly utilized by the Sheriff’s Department. The Commissioners feel that it would be wise not to place a large value on this land. The Plymouth County Advisory Board has concerns that the Plymouth County Commissioners could sell this piece of property for other uses.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to send a letter to the Plymouth County Advisory Board stating that they (Selectmen) SUPPORT their position on the “County Farm”. SECONDED by Mr. Harris. No discussion. Norton, Harris, Murray and Vegnani voted in favor of the motion. Mr. Danehey voted against. The motion carries (4-1)

16. REPORT/ Director / Department of Public Works

Mr. Bangert addressed the ongoing problem of brown water emitted from water pipes located in different sections of Town. His office has received bids for the first stage of water pipe replacement, which will replace and clean some other water lines on First Parish Road. The work on this project will be done in spring 2009. A request for the next phase of piping will come forward at the 2009 Annual Town Meeting. The plan is to eliminate brown water entirely over the next five years.

The process to remove the utility pole located at the intersection of Henry Turner Bailey Road and Route 3A has begun. National Grid got called off the project due to the anticipated hurricane and returned to the site today. Verizon will remove lines from the pole next week.

The Country Way Bridge in North Scituate will be completed by Cashman at the end of September and the road will re-open at that time.

Survey work on the North Scituate path will continue in an effort to understand the topography of the area. A public meeting on the path will be held on Thursday, October 16th at the GAR Hall. Letters will be mailed to potential path abutters inviting them to this informational meeting. Mr. Murray noted that the flagging being done by the surveyors does not necessarily delineate where the path will go. Mr. Bangert stated that his office would be able to answer citizen questions regarding this project. Mr. Danehey spoke about the path connecting the Driftway Path to Kent Street. Mr. Agnew spoke about the easements associated with that project.

Mr. Bangert stated that the old building at the Scituate Marine Park had been torn down and the pavement has been “busted up”. Foster Rigging will be moved to the travel lift platform. Pilings will be installed and some fill will be brought in.

Mr. Murray stated that he had some calls from residents who thought the concept of permanently closing down the Route 3A end of Booth Hill Road was a good idea. He asked how that idea could move to the next level? Mr. Bangert stated that a traffic study and Mass Highway involvement would both be needed. Mr. Murray will ask the Traffic Rules and Regulations Committee to look at it, as well.

Mr. Bangert has been talking to other towns regarding wind turbines. He noted the good work the Renewable Energy Committee has done on this project. Virtual Net Metering was discussed. It appears that the time line for the installation of a turbine in Scituate is still one and one half to two years away. He stated that the “members of the Committee are the experts on this matter, I am still learning”. Discussion continued on the exact placement of the turbine near the Wastewater Treatment Plant.

17. ACCEPT GIFT/ Scituate Recreation Department

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to ACCEPT the gift of $400 from the Scituate Health Service on the behalf of the Scituate Recreation Department. These funds will be used to stock the Department’s lifeguard medical kits. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

18. KNIGHTS OF COLUMBUS/ Annual Tootsie Roll Drive/ October 17-19, 2008

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT permission to the Knights of Columbus to hold their Annual Tootsie Roll Drive from October 17th to October 19th, 2008 in the Town of Scituate. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

19. OTHER BUSINESS

Mr. Murray led a discussion on Scituate Marine Park maintenance issues. He noted that the Waterways Commission would not maintain the “uplands park” and the Town might need to address this from a budgetary standpoint. Mr. Agnew noted that Mr. Murray raises a good point – “if you do not have the budget to maintain a park, don’t build it”.

Mr. Murray noted a very nice article about Scituate Harbor in the “Points East” magazine entitled “A Little Harbor That Could”. “It is nice to get regional press and get transient boaters to our shores.”

Mr. Murray thanked the South Humarock Civic Association for hosting a summer meeting with Town officials and staff in Humarock. He also thanked Town of Scituate staff members that attended the meeting.

20. CORRESPONDENCE – None

21. MINUTES

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of July 10 and July 24, 2007. SECONDED by Mr. Harris. No discussion. Danehey, Harris, Murray and Norton voted in favor of the motion. Mr. Vegnani did not vote. (4-0)

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of August 19 and 21, 2008. SECONDED by Mr. Norton. No discussion. Unanimous vote. (5-0)

21a. LABOR NEGOTIATIONS & (b) CONSIDERATION/ PURCHASE/ EXCHANGE/
LEASE/ VALUE OF REAL PROPERTY ( Executive Sessions)

The Board of Selectmen entered Executive Session via roll call at 10:47 PM and did not return to Regular Session this evening.

22. ADJOURNMENT

The meeting was adjourned at 10:47 PM.

BOARD OF SELECTMEN

Richard W. Murray, Chairman

Joseph P. Norton

John F. Danehey

Anthony V. Vegnani

Shawn Harris

Respectfully submitted,

Kimberley A. Donovan, Admin. Assistant