BOARD OF SELECTMEN

JANUARY 8, 2008

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

Richard H. Agnew, Town Administrator

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the AMENDED Agenda for January 8, 2008. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

3. COMMENDATIONS

Mr. Danehey read a letter of commendation for Mr. Michael Breen, Lieutenant Detective Michael Stewart, Mr. Joseph Duffey and Mr. Timothy Sullivan for their life saving efforts when a person’s motor vehicle accidentally entered Scituate Harbor on December 15, 2007.

6. DISCUSSION/ VOTE/ MWB LLC/ (1) Assignment of Limited Liability Interest
d/b/a The River Club (2) Change of Manager

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to APPROVE the “Amendment to the Operating Agreement” for MWB LLC, d/b/a The River Club, per the attached documents. SECONDED by Mr. Murray. Discussion – Mr. Reidy asked about The River Club’s sprinkler system? The Building and Fire Departments’ inspections are all “in order”. No further discussion. Unanimous vote. (5-0)

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to GRANT a change in Manager for MWB LLC, d/b/a The River Club, from Robert H. Warner to Ellen Mackenzie. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

7. DISCUSSION/ VOTE/ Zoning Board of Appeals Fees

Mr. Al Bangert, Chairman of the Zoning Board of Appeals, stated that his Board has already assessed and voted in favor of the fees being presented this evening. These fee changes will align Scituate’s Chapter 40B fees with those charged by surrounding towns. Mr. Murray asked if these new fees would affect only new Chapter 40B applications? Mr. Bangert answered “yes”. Mr. Murray asked for the number of “active” Chapter 40B developments? Mr. Bangert stated that one new application will be reviewed this Thursday, Herring Brook Meadows is still under appeal, Oceanside Village, (which was granted with conditions), is under appeal, Satuit Woods is being built, Walden Woods and Autumn Woods “have yet to be built”. Mr. Murray asked about the most recent application for Pier 44? Mr. Bangert stated that the new Pier 44 application will not be subject to the new fee.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to SUPPORT the Zoning Board of Appeals Fee Structure for Chapter 40B Comprehensive Permits as recommended in the memorandum dated December 21, 2007. The fee structure will become effective as of this date, January 8, 2008. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

9. DISCUSSION/ WATER BILLS

Mr. Gene Babin, Water Division Supervisor, was present at tonight’s meeting. Mr. Harris noted that each Selectman has received a variety of complaints regarding water issues. He understands that Mr. Babin met with the Town Administrator and Mr. Paul Scott earlier today. Mr. Babin agreed that a meeting had taken place to discuss certain “irregularities” in water billing due to a “glitch” with new software. Certain accounts, in which there had been a change in ownership of a property, had problems. In addition, some of the new sewer customers on the Cliffs and in Greenbush were “billed back to $0”. The software has been corrected. Other problems surfaced due to certain water meters not having been read for a number of quarters. After these meters were read, water that was assessed during the “catch up” period was billed at a higher rate. Mr. Babin stated that “adjustments would be made to those bills”. Mr. Harris stated that it is difficult for homeowners to pay an estimated water bill and then receive a very large bill after a reading has taken place. Those bills should be averaged out over a number of quarters. Mr. Norton asked if these latter bills are only corrected if a homeowner brings it to the Town’s attention? Mr. Babin answered, “we are trying to search them out”. Mr. Norton asked if some of these homeowners had already paid a higher, incorrect bill – does the Town now owe them money? Mr. Babin stated that “our consumers are pretty astute”. Mr. Norton answered “yes, we get the calls from them”.

Mr. Babin stated that the Water Department spends twelve weeks reading 7,500 water meters. One week is then spent on analyzing the bills, the bills then go out to the customers and then the Department gets a week of telephone calls. He believes the “larger issue is that we are not delivering to our consumers the service they are entitled to”. Mr. Babin has looked into several ways in which to rectify the situation. Mass mailings and telephone calls have now reduced the number of delinquent accounts by fifty percent. A plateau has been reached and he feels the solution is manpower. There has been a manpower shortage. There is a need for a full time clerical person as well as someone to re-wire meters at home sites. Mr. Harris asked about the age of the water meters? Approximately ten years old. They were installed between 1997 and 1999. Mr. Babin stated that water meters should be replaced about every ten years. They have a turbine system and lose approximately one half of a percent accuracy for every year of operation. (Over the ten year period – approximately 5% accuracy is lost.) Mr. Murray noted that the Town could be losing revenue by “under recording”. Mr. Murray asked how many homeowners had problems with the second quarter water billing? Approximately 100-150 telephone calls or 1-2%. Approximately 1,200 homes, out of $7,500, did not have their water meter read. Mr. Babin stated that the “easy ones” have been contacted via telephone and registered mail to advise them that their water meters have not been read. The Water Department has hired a temporary employee to go and install outside meters at these homes. Mr. Danehey asked if these installations could be accomplished during weekend hours when working homeowners are home? Mr. Babin answered “yes, they can now, but in the past we did not have a temporary employee to accomplish this. We may even be able to take early evening readings”. Mr. Harris asked if the temporary employee can both read meters and relocate them when necessary? Mr. Babin answered “yes”. Discussion continued on homeowners’ responsibility allowing access to

their home for meter reading. Mr. Babin responded “ I am not willing to take the position that the onus is on the consumer, I feel it is my responsibility and I want to make certain that everyone is metered”. New water meter technology was discussed.

Mr. Reidy stated that there were water billing problems with four out of five Reidy family households in Scituate this past quarter. He was the only one that had a correct bill. His family members own households on Gannett Road, Clifton Avenue, Barker Road and Kimberly Way. “They all live in separate places, have meters outside their homes and this is statistically odd.” He has heard that a solution to correct this situation has not been found. The Treasurer knows that she is going to have problems with liens on real estate bills. “We have to address this where it is occurring.”

Mr. Murray acknowledged that the Town is dealing with old technology here and an even older infrastructure. He thinks that sixty complaints is “only a small fraction of what is out there. People are not calling you (Babin) this time – they are calling us. Your estimate of 1-2% is really low and you don’t have any data to back it up”. Mr. Murray stated that he alone has received fifteen telephone calls on this issue. “The numbers are definitely higher.” Mr. Danehey stated that the problem has been identified – “how do we deal with the situation”? Mr. Babin feels confident that his aggressive approach will “get it whittled down”. It may not happen quickly – probably a twenty-week to one-year project. Mr. Reidy does not have a problem with that as long as new technology is used. Mr. Jeff Rosen, Water Resources Committee Chairman, stated that other solutions are available: (1) statistically look at the rates of change between bills – quality control check on billing. This would identify changes in peoples’ bills and begin to isolate things. “We can be proactive and use the data we have more effectively.” (2) There is a bigger problem than this “one little corner of the business” and that involves putting off expenses for this business (Water Department) year after year. “This is a critical service and the Town needs a comprehensive solution going forward. We need to solve the problem for the entire water system. Meters, pipes that should be lined, cleaned and flushed – they are not getting the maintenance they need and problems are compounding. Unless you address these items in a planned, maintenance approach – you will have a real problem. You really must address this systemically. A plan is needed and a commitment to fund that plan. This is an enterprise fund and it is supposed to be run as a business.”

Mr. Murray believes that before a solution is arrived at, we need to have a better idea of the extent of the problem. Mr. Babin and his team have had a tough time with old technology and infrastructure. An enterprise fund is supposed to be self supporting, how will this be funded? Acquisition, treatment and delivery of water to the citizens – do we have a true cost of these items at this time? Mr. Murray believes this must all be done very soon – “it is unfair to the Water Department and the citizens to put these upgrades off until 2012. Mr. Reidy noted that Mr. Babin had already put piping for some streets into the Capital Plan. Mr. Agnew stated that water meters were also part of the Capital Plan. He believes the Administration has a “good grasp” of Water Department costs. Water related items are submitted to the Capital Plan every year. “There are only so many ways in which to fund capital costs.” The Water Enterprise Fund’s retained earnings (the difference between revenues and expenses) has risen to $800,000 over the past five years. Water connection fees are also added in. Discussion continued on a “debt exclusion override” as the financial vehicle to fund major water projects. Mr. Murray stated that he did not mean to imply that the Town did not have “a handle” on the money issue. Mr. Babin stated that for most of his working career, he has worked for “investor owned water suppliers”. “I have a good handle on what it costs to provide water service. Water rates in

investor owned businesses are twice what they are at the municipal level.” Mr. Agnew stated that Mr. Babin has submitted priority water items to the Capital Plan. The Capital Planning Committee makes decisions on how much we can do each year.

Mr. Lawrence Swain, 12 Mitchell Avenue, asked about estimated use and meter use – if a water bill is issued on estimated use – does it say “estimated use” on the actual bill? Mr. Babin answered “yes”. Ms. Kristen Lopez, 33 Clifton Avenue, stated that she had contacted Mr. Babin regarding her water bill. Her water use has averaged 2,000 cubic feet per quarter over the past five years. The quarter before last it was 1,300 cubic feet and then it jumped to 6,200 cubic feet last quarter. “How did it go that high? The meter needs to be re-read.” Ms. Lopez stated that she will not pay the bill and noted a lien has now been placed. It is the same property and the same people living there and her meter can be easily read. When she asked for another meter reading, she was told it would be “no time soon”. Mr. Norton asked what can be done for people like Ms. Lopez? Mr. Danehey agreed. “Other people must have this type of problem. What would be a short-term solution?” Mr. Agnew stated that he would look into this with Mr. Scott and Mr. Babin. He encouraged people with multiple estimated readings to contact the Water Department. It appears that billing problems usually occur when there has been a long time between actual meter readings. When a part-time person is brought on, many of these issues will be addressed.

Mr. Murray has been asked by a Third Cliff resident if it would be possible to have two separate water meters – one for the home and one for the sprinkler system? Mr. Agnew answered “no”. Mr. Babin stated that if the consumer (resident) is adamant about the two meters, they can put in a designated service for irrigation at their own expense, including the cost of a new service connection fee ($6,500). Mr. Norton would rather not raise water rates to solve this situation – “let’s find another way to approach this”. Mr. Murray requested that Mr. Rosen be involved in the Capital Planning process with Mr. Babin, et al.

Mr. Rosen encouraged everyone to compare their water bill with their electric bill and the type of infrastructures for both (big pipes versus little wires). Mr. Lopez stated that the Water Department gave he and his wife no solutions and they were told to pay the bill. “It was not handled well.” Ms. Lopez stated that “a lot of people out there are not happy with this last billing cycle. The bills due on December 10th were astronomical.” Mr. Harris encouraged residents to call Mr. Agnew if they have problems with their water bill. Ms. Lopez stated that when she called the Water Department she was treated in a condescending manner. Mr. Babin stated that “every consumer should be respected. The onus is on the Water Department and I am chagrined to hear her comment. That isn’t the way I train my staff and I haven’t observed my staff behaving that way.” Mr. Swain stated that he brought his bill to the Water Department and was told he would hear back from them. The next thing he knew, there was a lien on his real estate bill. He called the Treasurer/Collector’s office and was told that his bill was correct – “how satisfying is that?” Mr. Harris thanked Mr. Babin and Mr. Rosen for attending tonight’s meeting.

8. DISCUSSION/ VOTE/ Emergency Sewer Tie-In/ 27 Ann Vinal Road/ BOH

Mr. Frank Lynch, Board of Health, and Ms. Jennifer Sullivan, Director of Public Health, were
present at tonight’s meeting. Mr. Lynch stated that the Board of Health voted to support a sewer
tie-in at 27 Ann Vinal Road. The property was perc tested at two, separate sites and failed. This neighborhood is dominated by wetlands. Wetlands are thirty feet off the back of house at this

address. “The soils in this area are basically underwater.” The only options for the homeowner would be a tight tank or a sewer tie-in. The owner of the property is in a nursing home and unfortunately there were no septic system pumping records available. Mr. Danehey asked if a mounded septic system would be an option? Ms. Sullivan answered “no, the ground water is very high”. Mr. Norton stated that he had visited the property and had not seen water. Mr. Lynch asked if he (Norton) had observed the tree roots? No answer was recorded. Mr. Norton stated that it is obvious since no one is living in the house, that in order for this house to be sold, needs to be tied into Town sewer. According to what Mr. Lynch just said, every house on this stretch of Ann Vinal needs sewer. It would be difficult for us go into court, in an attempt to control high density housing, and say we are nearing sewer capacity, when in fact we are granting individual, sewer tie-ins such as this. Mr. Norton has a difficult time considering this request “an emergency”. What about a tight tank? Ms. Sullivan knows of three homes in Scituate that have been on tight tanks. Two of those homes are now on sewer and have paid a $5,000 connection fee.

Discussion continued on the Hatherly School sewer line. Mr. Agnew explained that the Hatherly School’s septic system failed. It was a Capital Plan expense to bring the sewer line up to the School. It was Mr. Norton’s clear understanding that when that line was put in, that no homes would be tied in. Discussion continued on the Selectmen’s suggestion that “stubs” be installed at the same time the sewer line was installed. Mr. Agnew stated that the latter was against his recommendation. “Stubs have nothing to do with being allowed to tie-in.” Mr. Harris has the same concerns as Mr. Norton. He asked the same type questions at the Board of Health meeting on this very matter. This is a big yard. Mr. Lynch agreed, but noted the wetlands factor. He also reviewed the data on emergency sewer tie-ins. Only four or five emergency sewer tie-ins have been allowed each year. The Board of Health allows many innovative systems each year. It is a situation where the entire Town of Scituate should be sewered. “We are caught in a difficult situation. I understand the Board’s concern.” Mr. Lynch noted that Title 5 is designed to only come forward when a home is being sold. He does not think that four or five emergency sewer tie-ins a year is that “bad” and that this will not “open the floodgates”. Mr. Norton stated that just because there are not a lot of tie-ins per year does not make this one right. Discussion continued on the TOD grant and good planning in terms of sewer needs. Mr. Reidy sees that this person has been paying taxes in Scituate for the past twenty years and now needs money to stay in a nursing home. He knows how he will vote on this.

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to GRANT an emergency sewer tie-in for 27 Ann Vinal Road. SECONDED by Mr. Murray. No discussion. Reidy, Murray, Harris and Danehey voted in favor of the motion. Mr. Norton voted against the motion. The motion carries. (4-1)

Mr. Murray asked for clarification on the $5,000 connection fee. Mr. Agnew explained that the line on Hatherly Road to the School was not considered a sewer extension thus any connection to it would be charged a sewer connection fee of $5,000.

4. UPDATE/ “No Discharge Area”/ Waterways Commission

Harbormaster Patterson stated that this is a “follow up” to a discussion, which took place a year ago on the “No Discharge Area”. The Selectmen supported the concept at that time. He noted that Scituate, Marshfield and Cohasset have more than thirteen(13) beaches collectively. These beaches are closed periodically, as are shellfish flats and eelgrass areas, due to pollution.

The North River is the State’s only designated “Scenic River”. The Harbormaster stated that the application for the “No Discharge Area” puts Scituate ‘ahead of the curve’. Once this is implemented, there will be the opportunity to open previously closed shellfish flats. In addition, this designation would make our Town concurrent with other towns that already have this designation. The Harbormaster also noted that this designation is consistent with the Town’s Master Plan. Mr. Murray noted the excellent work of the Harbormaster, Mr. Howie Kreutzberg, Mr. Bill Schmidt and Mr. Jason Burtner on this project. “It is a win/win all around and it fits with the regional model.”

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT the application to have Scituate Waterways designated as a “No Discharge Area” and that said application be submitted to the Environmental Protection Agency. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

5. DISCUSSION/ VOTE/ Harbor Management Plan/ Harbormaster Patterson

Harbormaster Patterson would like to request that the Selectmen authorize work to begin on a Harbor Management Plan. Such a plan is a condition of the Army Corps of Engineer’s Special Permit for the Harbor area. The initial phase will be to research the potential costs of creating such a Plan and possible alternative funding. The Selectmen will be updated on a regular basis.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT the Harbormaster moving forward on a “Harbor Management Plan” as requested by the Army Corps of Engineers. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

11. VOTE/ REMOVE WATER BAN

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to LIFT the Mandatory Water Ban on outdoor water usage effective immediately. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

12. VOTE/ Amend Traffic Rules and Regulations/ “Isolated Stop Signs”/ TRRC

Mr. Paul Scott, Interim Director of the Department of Public Works, stated that the Police Chief requested the following amendment to the Town’s Traffic Regulations due to recent MBTA related projects. Mr. Norton asked if motorists would need any “education” on these new signs. Mr. Scott stated that the signs have actually been erected for some time – “this will make them legal”.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ADD the following to Schedule 5 of the Town of Scituate Traffic Regulations, Isolated Stop Signs:

Street Stopped Direction of Travel At Intersection
Lincoln Park Easterly Country Way
Captain Pierce Southeasterly Curtis Street
Curtis Street Northerly Lawson Road
Lawson Road Northwesterly Captain Pierce Road
Stockbridge Road Easterly The Driftway
Stockbridge Road Southwesterly The Driftway
The Driftway Northerly Stockbridge Road

SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

13. VOTE/ DRAINLAYER LICENSE RENEWALS

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to RENEW the Drainlayer’s Licenses per the provided list and further that they authorize the Chairman, on the behalf of the Board of Selectmen, to sign the application for “Drainlayer’s License – 2008 Renewal”. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

14. VOTE/ ANNUAL LICENSE RENEWALS

Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the 2008 Common Victualler’s License for Ronnie Shone’s General Store. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

15. ACCEPT RESIGNATION/ Community Preservation Act Committee

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Francis Sheehan from the Community Preservation Act Committee and further that the Board thank Mr. Sheehan for excellent service to the Committee and the Town of Scituate. SECONDED by Mr. Reidy. Discussion – Mr. Murray asked that a letter be sent to Mr. Sheehan thanking him for his hard work on this important Committee. No further discussion. Unanimous vote. (5-0)

16. OTHER BUSINESS

Mr. Norton noted the lack of appropriate signage at the Route 3A roundabout. He further noted the complaints from residents on such topics as train noise, emissions, etc. Is there a telephone number that residents can call with complaints? Mr. Agnew will find out.

Mr. Norton wished a Happy 90th Birthday to Ms. Mary Ward. “She is a wonderful person.”

Mr. Reidy noted that State grant money is available to retrofit diesel school buses. Could that type of retrofitting be done for the trains, as well? No answer was recorded. Mr. Danehey asked if the Town was looking into that for its school buses? Mr. Agnew believes the School Department is looking into it, but he will check.

Mr. Reidy noted a mention of Scituate, in the Wall Street Journal, for its taxation of the Archdiocese of Boston for the St. Frances Cabrini property. He further noted a MMA Beacon article in which State Treasurer Cahill spoke about the “Cherry Sheets” and State Lottery

proceeds (12% decrease). There will be a “gap” in 2009 of over $1 million. “We are in for a difficult time over the next two to three months.”

Mr. Murray asked about the status of handicap parking signs at the public schools. Mr. Agnew stated that many of the signs have been installed, but the Town may not be able to provide more spots than what is required by law. He needs to re-schedule a meeting with the Chairman of the Commission on Disabilities to follow up on this process.

Mr. Murray noted that an important Zoning Board of Appeals meeting on the Pier 44 application will be taking place this Thursday, Town Library, at 6:30 PM.

Mr. Murray reported a recent discussion at a Conservation Commission meeting regarding construction work near the Wampatuck School, the number of large trucks accessing the area and the fact that many young school children walk those same roadways.

Mr. Murray asked about the possibility of secretarial support for the Historic Commission? Mr. Agnew will follow up.

Mr. Murray followed up on a drainage issue on Border Street. Mr. Agnew stated that the initial estimate on solving the drainage issue is over $200,000. The Town cannot afford it and is working on providing an alternative solution.

Mr. Murray asked about permitting software. Mr. Agnew will check on the status.

Mr. Danehey noted a recent memorandum from the Scituate Police Department regarding compliance checks on seventeen, liquor licensed establishments in the Town. Of the seventeen establishments, ten failed the compliance check. “This is completely unacceptable. I want to know the ones that failed and I want to also commend the seven that passed. I also commend the Scituate Police Department. Establishments must ask for identification. This is just atrocious.” Discussion continued on the need for establishments to make certain that their employees are TIPS certified.

Mr. Danehey noted that the Planning Board will hold a meeting this Thursday, Town Hall at
7:00 PM on the proposed overlay district for Humarock.

Mr. Danehey stated that the clam flats located between Cohasset and Scituate are closed. This is why the “No Discharge Area”, that Harbormaster Patterson described this earlier this evening, is so important.

Mr. Danehey discussed speed limits on Front Street and signalization in North Scituate.

17. CORRESPONDENCE – None

18. MINUTES

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of March 7, 2007. SECONDED by Mr. Reidy. No discussion. Norton, Reidy, Harris and Murray voted in favor of the motion. Mr. Danehey did not vote. (4-0) in favor.

19. ADJOURNMENT

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 9:18 PM. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

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Shawn Harris, Chairman

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John F. Danehey

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Richard W. Murray

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Joseph P. Norton

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Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant