MINUTES OF MEETING

BOARD OF SELECTMEN

JUNE 9, 2009

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

Richard H. Agnew, Town Administrator

Press: Scituate Mariner

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Norton stated that agenda item #11 “Award RFP/ Drainage Projects/ Hatherly Road, Greenfield Lane & Trysting Road will now be heard after Agenda item #3 this evening. Agenda item #6 Liquor License Hearing/ Mill Wharf Restaurant will be postponed to July 21, 2009.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda as AMENDED for June 9, 2009. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Walk-Ins – Mr. Norton noted that Mr. Norm Paley, Ely Avenue, had raised a question regarding Community Preservation Act funding during the “walk-in” period of the last Selectmen’s meeting. Mr. Paley’s concerns were raised to Town Counsel and Community Preservation Act Committee Chairman John Bulman. It was found that the Committee’s actions, as well as the Town Meeting vote, were legal and the ball field project can proceed. Mr. Paley stated that an attorney he knows has studied this and is in disagreement with Town Counsel’s finding.

3. ACCEPT GIFT/ SUSTAINABLE SCITUATE / Lisa Thomas

Ms. Lisa Thomas, Sustainable Scituate, along with her sons Matthew and Kyle, were present at tonight’s Selectmen’s meeting to present a $3,000 check to the Town of Scituate to purchase recycling bins. Sustainable Scituate was formed to help the environment and the group has recently “set their sights” on the abundance of plastic sports bottles generated at community sporting events, playgrounds and beaches. Ms. Thomas’ group has worked with Mr. Al Bangert, Director of the Department of Public Works, in an effort to get recycling bins placed at all the fields to collect these sports bottles. Ms. Thomas explained that many local sports groups, businesses and families have donated money. Mr. Norton noted that it was nice to hear such a positive story. The Town does not have the money to do a lot of projects and this is an example of private residents “stepping up to the plate”. Mr. Murray thanked Ms. Thomas and Sustainable Scituate for working with Mr. Bangert and he also thanked all those that donated to this most worthy cause. Mr. Vegnani concurred and noted that the bins are already in use at the Little League field. Mr. Danehey thanked the entire Thomas family and noted what a great effort this is to “clean up Scituate”. “You are setting an example for other kids and for grown ups.” Mr. Harris voiced his thanks to everyone involved. Mr. Norton suggested that during the summer months, when the ball fields are used less, perhaps the field recycle bins could be moved to the beaches and then moved back to the fields in the fall. Ms. Thomas agreed and

asked that the Town coordinate that type of effort.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT, on the Town’s behalf, a gift of $3,000 from Sustainable Scituate for the purchase of recycle bins for Scituate’s beaches, athletic fields and playgrounds and further, that the Board thank Sustainable Scituate and all those who have supported their considerable efforts. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

11. AWARD RFP/ DRAINAGE PROJECTS/ Hatherly Road, Greenfield Lane and Trysting
Road

Mr. Al Bangert, Director of the Department of Public Works, stated that Hatherly Road, Greenfield Lane and Trysting Road each have drainage problems that must be repaired. Bids between $130,000 to $296,000 were received. The engineering consultant checked the references on the low bidder and recommend that the award of contract be given to Mass Pavement Reclamation, Inc. for the low bid of $130,245. This will be funded through Chapter 90 monies and it is expected that the project will be completed before late fall 2009.

Mr. Harris made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the drainage improvements to Hatherly Road, Greenfield Lane and Trysting Road, Contract No. 09-HW-02 to Mass Pavement Reclamation, Inc. of Hanover, Massachusetts for a total bid price of $130,245.00 with payment to be made at the unit price and/or lump sum prices pending receipt of a Certificate of Insurance, 100% Performance and 100% Labor and Materials Bond. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

4. DISCUSSION/ VOTE/ School Bus & Van/ School Department

Mr. Paul Donlan, Director of Business and Finance/ School Department, was present at tonight’s meeting. He explained that the School Department had an item in the FY2010 Capital Plan, approved at Town Meeting, for a new school bus and two vans. He understands that fiscal “times have changed” since April’s Town Meeting, but the Schools would still like to move forward on these items. Mr. Donlan stated that the School Department runs sixteen buses on a daily basis and only one or two “spare” buses. They would like to “retire” the two, 1998 buses. In addition, two passenger vans are needed. The Schools have three handicap accessible vans – two are run daily and one is a spare. They would like to “retire a 1999 van. Mr. Donlan noted that it is less expensive to run the vans with their own personnel rather than contracting the van work out. Mr. Norton thanked Mr. Donlan for explaining the need for the bus and vans to the Selectmen this evening. The Selectmen are asking to re-visit all Capital Plan items in an effort to make certain that every item is still an absolute necessity in these difficult economic times.

Mr. Harris asked if replacement of these vehicles is a matter of public safety? Mr. Donlan answered “yes, at least in the case of the two older (1998) buses”. He reminded that the Schools have only requested one new bus over the last two years. Mr. Danehey asked for the price of a school bus and van? Mr. Donlan answered that a bus costs approximately $70,000 and a van is approximately $25,000. (1 bus & 2 vans = $120,000) Discussion continued on delaying this purchase by two months and the fact that the money for theses vehicles is coming from old Articles (for School improvements). Mr. Agnew noted that this would be the second year in

which a new bus had not been purchased. In the past, the Town purchased two, new buses each year. “What will happen next year? Pretty soon you will need to buy five, new buses.” Mr. Murray also expressed concern about the impact of future years. Mr. Donlan stated that he could come back with this request in August 2009. Mr. Norm Paley, Ely Avenue, asked about possible funding from the School Bus Transportation revolving fund? Mr. Donlan stated that the Revolving Fund was set up when gas and diesel prices were high. The money in the fund must be spent by June 30th each year. Mr. Harris noted that the Town may now see greater longevity from its school buses because they will be serviced in a garage rather than outdoors.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to RELEASE funds for the purchase of one (1) new handicap accessible passenger van for the Scituate Public Schools. SECONDED by Mr. Harris. Discussion – The Selectmen told Mr. Donlan that he could come back to make a van or bus request. No further discussion. Unanimous vote. (5-0)

5. DISCUSSION/ VOTE/ Bond Anticipation Note/ Treasurer/ Collector

Ms. Jane Lepardo, Treasurer/Collector, announced the sale of two, Bond Anticipation Notes. Discussion continued on rates and Mr. Vegnani stated that the Town may want to re-visit its “interest expense” in 2010 in terms of what was budgeted. Ms. Lepardo stated that she budgeted it at a higher rate. Mr. Paley asked if the Town is borrowing more this year than last?

Mr. Vegnani answered that the Town is borrowing a little less this year and noted that most of the borrowing centers around the new water mains.

Mr. Danehey read the following into the record of the June 9, 2009 meeting: I, the Clerk of the Board of Selectmen of the Town of Scituate, Massachusetts, certify that at a meeting of the Board held on June 9, 2009, of which meeting all members of the Board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official record of the Board in my custody:

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to APPROVE the sale of a $4,182,000 1.00 percent General Obligation Bond Anticipation Note, Series A (the “Series A Note”) of the Town dated June 19, 2009, and payable March 19, 2010, to Jeffries & Company, Inc. at par and accrued interest, if any, plus a premium of $12,756.00. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to APPROVE the sale of a $329,000 2.49 percent General Obligation Bond Anticipation Note, Series B of the Town dated June 19, 2009, and payable March 19, 2010 (the “Series B Note”, together with the Series A Note, the “Notes”), to TD Bank, N.A. at par and accrued interest, if any. SECONDED by Murray. No discussion. Unanimous vote. (5-0)

Mr. Danehey made a MOTION that the Board of Selectmen VOTE that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 3, 2009 and a final Official Statement dated June 8, 2009 each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

Mr. Danehey made a MOTION that the Board of Selectmen VOTE that the consent to the financial advisor bidding for the Notes, as executed prior to the bidding for the Notes, is hereby confirmed. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

Mr. Danehey made a MOTION that the Board of Selectmen VOTE that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver material events disclosure undertakings in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

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

I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that notice stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the principal official bulletin board of the Town at least 48 hours, including Saturdays, but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Notes were taken in executive session, and that the official record of the meeting was made available to the public promptly and remains available to the public, all in accordance with G.L. c.39, s.23B as amended. John F. Danehey, Clerk, Board of Selectmen

6. 7:15 PM/ Liquor License Hearing/ Mill Wharf Restaurant – postponed to July 21, 2009 at 7:30 PM.

7. 7:45 PM/ DISCUSSION/ VOTE/ RETAIL LIQUOR LICENSE TRANSFER/ Front Street
Gourmet Wine & Spirits/ 121 Front Street

Applicant Theresa Martini and Attorney Bradley Pinta, representing the seller, were present at tonight’s meeting. Mr. Vegnani noted that the last time this establishment came before the Selectmen was due to a liquor license violation. He noted that at that time, Ms. Martini was the manager of the establishment. He understands that the violation found at that time stays with the prior owner, but he hopes stricter guidelines will be adhered to in the future. Ms. Martini assured the Board that guidelines are in place. Mr. Harris asked Ms. Martini how long she had worked at Front Street Gourmet Wine & Spirits? Ms. Martini answered “October 2008”. Attorney Pinta noted that a national company had trained Ms. Martini. “She is highly trained and qualified.” Mr. Danehey asked what the initials in her corporation (TAMBTC) stand for? Ms. Martini stated that they stand for hers and her son’s initials. Mr. Danehey reminded her that this Board will hold her to “high standards”.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT the transfer of the Retail All Kinds of Alcoholic Beverages license held by Newton Beverage Shop, Inc. d/b/a Front Street Gourmet Wine & Spirits to TAMBTC, INC., d/b/a Front Street Wine & Spirits for the premises located at 121 Front Street, Scituate, Massachusetts consisting of one floor, one retail and two storage rooms, a walk-in refrigeration unit and front and back entrances/exits. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

8. DISCUSSION/ VOTE/ Common Victualler’s License/ Front Street Gourmet Wine & Spirits/
121 Front Street

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT a Common Victualler’s License to TAMBTC, INC. d/b/a Front Street Gourmet Wine & Spirits,

121 Front Street, Scituate. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

9. AWARD BID/ Animal Shelter Auction

Mr. Agnew stated that only one party submitted a bid for the Animal Shelter for $262,200. He recommends that the Selectmen accept this auction bid. Mr. Norton asked if the Friends of the Scituate Animal Shelter have agreed to this price? Mr. Agnew answered “yes”. Mr. Vegnani noted that Town Meeting voted to have the proceeds from this sale go directly to the new animal shelter.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to AWARD the Auction Bid to the high bidder, James McInnis, for $262,200 for the property located at

61 New Driftway, Scituate, MA. SECONDED by Mr. Harris. Discussion – Mr. Scott Roberts, Advisory Committee, asked if the bid was for the building only? Mr. Agnew answered that the bid is for the building and the property. No further discussion. Unanimous vote. (5-0)

10. AWARD CONTRACT/ Town Library/ HVAC System

Mr. Agnew stated that this project was voted at the 2007 Annual Town Meeting. CBI architects put together the specifications and not much is anticipated in the way of “change orders”. The “alternate” will not be done at this time – it was too expensive at an additional $30,000. The low bidder, Healthy Air ($138,900) has very good references. Mr. Murray asked about a time frame for the project? Mr. Agnew stated that the contract will be signed in the next, couple of weeks and then the work can begin. Mr. Harris asked if it was unusual for an engineering firm to check references? Mr. Agnew answered “no, it is always done that way”.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the HVAC replacement at the Library to Healthy Air, Norwell, Massachusetts, for the low bid of $138,900. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Item #11 was heard earlier in the evening.

12. DISCUSSION/ VOTE/ APPOINTMENT/ TOWN ADMINISTRATOR

Mr. Norton summarized the review and interview process in the search for a new Town Administrator. He complimented the excellence of the applicant pool and the quality of the four finalists.

Mr. Danehey made a MOTION that the Board of Selectmen APPOINT Patricia A. Vinchesi Town Administrator. SECONDED by Mr. Harris. Discussion – Mr. Murray stated that he will support the motion. He agreed that the four finalists were excellent candidates. Mr.

Vegnani concurred and noted Ms. Vinchesi’s strong financial background and good leadership qualities. He expressed some initial concern about her living in western Massachusetts, but was reassured when she stated that she would like to move here. Mr. Harris agreed that it had been a challenging decision because all the finalists were so well qualified. Mr. Danehey noted that this has been a six month process and that the Board reviewed a “multitude” of resumes in order to find finalists that were (1) qualified and (2) good for the Town. “A lot of extra research was done.” He had concerns about her commute, but feels Ms. Vinchesi has addressed that concern twice and that she has a willingness to make a “vested interest”. “Rick Agnew has made a life of what he has given to the Town over the past years. He has done a wonderful job for this Town over the past twenty years. Thank you for your service. We will miss you and are excited with the new prospect.” Mr. Norton stated that he had been impressed from the beginning by the candidate being chosen this evening. After reading numerous resumes, he was more conscious of the fact that “we have had a good Town Administrator for the past twenty years.” “Scituate is a desirable place to live in large part due to the leadership of Rick Agnew. These will be big shoes to fill. Our choice is an excellent one and I look forward to working with her. I believe Department Heads will find her very agreeable and residents will find her eager to help. Scituate will continue to be a desirable place to live.”

Ms. Rosemary Dobie, Humarock, asked if the Board was confident that Ms. Vinchesi would be able to “get up to speed” quickly on coastal issues? Mr. Norton answered “yes”. Mr. Agnew stated that he had lived on the coast his entire life and he still depends on the Chiefs, DPW Director and Department Heads for advice during storm/disaster events. Ms. Dobie reminded that experience is needed not only for disasters, but also for issues specific to coastal communities. Mr. Murray believes that Ms. Vinchesi has the “skill set necessary to learn and apply”. Mr. Norton stated that everyone who knows Ms. Vinchesi has praise for her ability to handle all situations. “When she commits to something, she commits 100%.” No further discussion. Unanimous vote. (5-0)

13. ACCEPT RESIGNATION/ Recreation Commission

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Michael Connor from the Recreation Commission and further that the Board of Selectmen thank Mr. Connor for this service on the Commission and to the Town of Scituate. SECONDED by Mr. Murray. No discussion. Unanimous vote.

14. OTHER BUSINESS

Mr. Murray asked that the Selectmen write a letter to the Executive Office of Environmental Affairs (EOEA) before the public comment period ends on June 30, 2009 regarding the pedestrian path bridge in the North River marsh area. Mr. Norton believes the Selectmen did not support the bridge portion of the plan, but he will have the Administrative Assistant check the minutes of the meeting. Mr. Murray asked that the Selectmen support the “new bottle bill”, which simply expands the scope of the old bottle bill (non carbonated bottles will be returnable).

Mr. Murray asked that meetings of the Zoning Board of Appeals, Planning Board and Conservation Commission be broadcast on the local television station. Mr. Vegnani stated that it is being worked on. Mr. Murray thanked Mr. John Murphy for taking over as Chairman of the Waterways Commission. He also thanked Mr. Howie Kreutzberg for his many years as Chairman of the Commission.

Mr. Norton stated that the Selectmen have been invited to visit the local television station in Plymouth.

Mr. Vegnani attended last night’s School Committee meeting and noted that negotiations with the teachers’ union are not going well in terms of settling on a zero raise for the upcoming year.

Mr. Danehey noted that he had spoken to the stewards of two “Town side” unions. These unions will not be taking raises this year in an effort to avoid layoffs. The Affordable Housing Trust recently met and discussed a potential surplus in Town owned property. He also noted a bad traffic accident at Route 3A and Mann Lot Road over the weekend. He believes Mass Highway should install a light at that intersection. The Police Chief would like to invite any Selectmen that would like to “ride along” with the Police Department on the night of July 3rd to let him know.

Mr. Agnew noted that the cement work at the roundabout had to be re-done because it did not contain wire mesh and was not thick enough.

Mr. Harris stated that a group of citizens would like to start a Farmer’s Market in North Scituate. He asked for this as an agenda item for the next Selectmen’s meeting. Discussion continued on whether it would be placed on public or private property.

Mr. Paley noted other teachers’ union negotiations going on across the state and specifically the Town of Rockland.

15. CORRESPONDENCE

Mr. Danehey read a letter from the State regarding a Red Tide alert.

Harbor Clean Up Day is Saturday, June 13th from 10AM to 3 PM.

16. MINUTES

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of May 27, 2009. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

17. ADJOURNMENT

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 8:45 PM. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

______________________________
Joseph P. Norton, Chairman

______________________________
John F. Danehey

_________________________________
Shawn Harris

_________________________________
Richard W. Murray

_________________________________
Anthony V. Vegnani

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant