|Home | About Scituate | Town Hall | Calendar|
Printer Friendly Layout
News/Events - Meeting Minutes
Board of Selectmen, July 21, 2009
TOWN OF SCITUATE MASSACHUSETTS
MINUTES OF MEETING
BOARD OF SELECTMEN
JULY 21, 2009
Present: Joseph P. Norton, Chairman; John F. Danehey, Shawn Harris,
Patricia A. Vinchesi, Town Administrator
Press: Scituate Mariner, Patriot Ledger
1. The meeting was called to order at 7:00 PM.
2. ACCEPTANCE OF AGENDA
Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for July 21, 2009. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)
3. COMMENDATION/ Scituate Boys Lacrosse
The Selectmen welcomed the two time Division III State Champion Scituate High School Boys Lacrosse players to tonight’s meeting. Mr. Danehey read a letter of commendation and distributed copies to the young men and their coaches.
4. WALK-IN PERIOD
Mr. Al Bangert, Director of the Department of Public Works, introduced the Town’s new Engineering Division supervisor, Kevin Cafferty. Mr. Cafferty will replace Paul Scott who is retiring after thirty-seven years of service to the Town. Mr. Norton welcomed Mr. Cafferty and noted that he will have “tough shoes to fill”.
Mr. Mike Hayes, School Committee, stated that the High School’s press box needs to be rebuilt. Donations of building plans, materials (Hingham Lumber) and time have all been received. The group organizing this effort will meet shortly with the Building Inspector. Mr. Hayes is trying to bring this idea forward to various boards and committees. The Selectmen agreed that this sounded like a great idea. Mr. Murray noted that Hingham Lumber also donated materials for the construction of the Scituate Marine Park Building.
Mr. Norton noted that tonight marks the new Town Administrator’s first Selectmen’s meeting. He welcomed Ms. Patricia Vinchesi, Town Administrator.
5. 7:05 PM/ Joint Roll Call Vote w/ Planning Board/ Planning Bd. Vacancy – this item was
6. DISCUSSION/ VOTE/ Outdoor Entertainment Permit/ Scituate Harbor Yacht Club
Mr. Frank Colpoys, Scituate Harbor Yacht Club, was present at tonight’s meeting. He explained that this is an annual request for four hours of outdoor entertainment for a pool party at the club.
7. 7:10 PM/ POLE PETITION PLAN #66827560/ Grove Street
Ms. Aileen Darois, National Grid, was present at tonight’s meeting. She explained that a pole to tree guy (from Pole 27) needs to be removed from a tree located at 36 Grove Street per the homeowner’s request. The guy wire will still go across the street, but it will be attached to Pole #27-30 rather than the tree it is currently attached to. Mr. Danehey asked why there is a need for the guy wire? Ms. Darois explained that Pole 27 is the last pole on the street and must be “guyed back”.
Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to GRANT Pole Petition #66827560 to install a new pole #27-30 to “guy” Pole 27 and remove pole to tree “guy” at 36 Grove Street. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)
8. DISCUSSION/ VOTE/ Hawker Peddler’s licenses (2)/ North Scituate
Mr. Mark Flaherty, 34 Stockbridge Road, was present at tonight’s meeting to talk about starting a Farmer’s Market in a portion of the North Scituate parking lot near the WPA building. They would like to sell their wares on Wednesday afternoons starting Wednesday, August 5th until the last week in October. Mr. Murray raised concern about jewelry being sold at a farmer’s market. He does not want this turning into a flea market. Mr. Flaherty agreed that it would not become a flea market. Mr. Vegnani asked what kind of seafood would be sold? Mr. Flaherty stated that only lobsters would be sold by local lobstermen. Mr. Vegnani asked if local businesses could sell their wares? Mr. Flaherty answered “yes, they could do that”. Ms. Ann Burbine, Pennycress Road, cautioned that the WPA building’s septic system is going to be replaced in the next couple of weeks. The Chief of Police forwarded a concern that metal tent stakes not pierce the asphalt parking lot. Mr. Flaherty stated that tents with stakes would not be set up in the lot.
Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT a Hawker Peddler’s License to Angelle Trafton, Scituate Community Farmers, to sell produce and jewelry, at the North Scituate, Town owned, commuter rail parking lot (in front of the WPA building) from 3 PM to 7 PM on Wednesdays from now until the last week in October 2009. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)
Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT a Hawker Peddler’s License to Mark W. Flaherty, Scituate Community Farmers, to sell vegetables and eggs at the North Scituate, Town owned, commuter rail parking lot (in front of the WPA building) from 3 PM to 7 PM on Wednesdays from now until the last week in October 2009. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)
Ms. Mary Gallagher and Mr. Vin Kalishes, Cable TV Advisory Committee were present at tonight’s meeting. Mr. Kalishes stated that these funds represent the final disbursement from the previous Comcast contract. Over the years, these funds have been used to fund technology expenditures on the School and Town sides. Ms. Gallagher stated that only $5,600 would be left over after the submitted “wish lists” from both the School and Town sides were funded. It seems like a good idea to split the remaining $5,600 between the two sides. Mr. Vegnani asked why all the money needs to be allocated at this time? Why not use the money as needed? Ms. Gallagher stated that some of the items on the School side need to be ordered right now and installed before the school year begins. Otherwise, the Cable Television Advisory Committee will have to return to the Selectmen’s meeting each time a disbursement is needed.
Mr. Danehey asked how technology will be funded next year? Mr. Kalishes answered that the Town and School sides will each need technology budgets next year. Mr. Norton asked how much will need to be budgeted for Town side technology next year? Ms. Gallagher answered approximately $51,000. Mr. Kalishes noted that all future technology money realized from Comcast must go towards the Town’s new studio. (According to the new contract, Comcast no longer provides a broadcast studio in any of their towns or cities.) Limitations of old contract funding versus new contract funding were discussed. Mr. Murray understands that “needs” must be funded, but “times are tight” and he is uncertain about the replacement of outdated PC’s. He also understands that the Town needs to move forward “in a big way” on IT. “I would like to hold off on any items that are not 100% essential.” Mr. Norton asked if unspent money could be carried over? No answer was recorded. Ms. Gallagher stated that the non-essential items only add up to $5,000. Mr. Vegnani would like to see quotes from vendors on each of these items. Ms. Gallagher answered, “this is basically like an appropriation”. Mr. Vegnani believes there “is no reason to drain this account”. Mr. Kalishes reminded that the account will not go to zero after tonight’s meeting – it will be disbursed over the course of the next twelve months. Mr. Vegnani expressed concern that the Selectmen would never see the bill for the fifty monitors. Ms. Gallagher stated that requisitions for the purchases are available from her office.
Mr. Danehey stated that in this particular economic climate, the Selectmen are looking at every expenditure very closely. He suggests that the Cable Television Advisory Committee review everything on the list and advise the Selectmen of what is non-essential. “We won’t say ‘no’ when you come back again.” Ms. Gallagher stated that $15,000 is needed immediately for the retainage contract for network maintenance.
Mr. Murray made a MOTION that the Board of Selectmen VOTE to EXPEND $15,000 for the retainage contract for network maintenance from the Cable Trust fund for the Town side. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)
Mr. Norton knows that Ms. Vinchesi has some ideas on IT and he asked that she make a presentation on this topic to the Board in the next couple of months.
10. DISCUSSION/ VOTE/ Accept Gift of Land/ Conservation Commission
Mr. Kalishes, Conservation Agent, stated that this land consists mostly of wetlands and acts as a filter for storm water coming off Lawson Terrace. There may be room to install a small walking
trail there, as well. Mr. Murray asked if there would be enough room for a gravel parking lot? Mr. Kalishes answered “possibly”. Mr. Murray asked if the Water Resource Committee had looked at this land? Mr. Kalishes does not believe they have.
Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the gift of 8.67 acres of land known as “Parcel 1, in the Plymouth County Registry of Deeds, Book 5881, Page 304” (off Lawson Road) to be placed under the “care and custody” of the Conservation Commission. The Board would like to thank Mr. Robert Morrissey for this kind gift to the Town of Scituate. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)
Mr. Norton asked if the Conservation Commission would be sending Mr. Morrissey a “thank you” note? Mr. Kalishes answered “yes”.
11. 7:30 PM/ LIQUOR LICENSE HEARING/ Mill Wharf Restaurant
Lieutenant Detective Michael Stewart, Scituate Police Department / Licensing Agent, was present at tonight’s meeting. Mr. Robert Warner, owner; Mr. Stephan Hill, manager, of the Mill Wharf Restaurant, and Attorney William Ohrenberger were also present. Lieutenant Stewart stated that the Police Department originally requested tonight’s hearing. This case has presented a “unique set of circumstances”. He described a grant program that has allowed the Department to do additional work on alcohol compliance. Lieutenant Stewart described the events of April 10, 2009 at the Mill Wharf Restaurant when a Police Officer noted a table of five to six young adults with alcoholic beverages and food on the table. One of the adults was twenty years old and the others were over twenty-one years of age. There was no evidence that the twenty year old consumed or purchased alcohol from the bar tender. The illegality was not that Mill Wharf Restaurant had served the twenty year old. The problem was that the twenty year old did not have a parent or legal guardian sitting with her at the table where alcohol was being consumed. This constitutes “constructive possession of alcohol”. It would be assumed that the twenty year old was “of age” if she was sitting there.
Lieutenant Stewart stated that this twenty year old was ultimately summoned to court. He understands that this can be a “tricky situation”. He gave an example of an aunt sitting at a table with a minor. “We are not trying to split hairs, but we do not want minors sitting with a table of young adults.” Lieutenant Stewart spoke to Mr. Warner and Attorney Ohrenberger about this situation. It has become clear that this type of scenario is not covered in the TIPS (alcohol training) Program. “It represents a blind spot in the process.”
Lieutenant Stewart asked to withdraw the Police Department’s complaint in this case. He understands that these establishments work hard to keep minors from consuming alcohol on their premises. He stated that he would like to work with the Selectmen’s Administrative Assistant on sending out an informational bulletin to establishments serving food and alcoholic beverages alerting them to this “blind spot” and the associated expectations of the Selectmen, as the Local Licensing Authority. Mr. Vegnani asked what the expectations would be? Lieutenant Stewart answered that the Town is putting bars/restaurants on notice that they are ultimately responsible for a minor sitting at a table where alcohol has been served. “They would be smart not to serve alcohol to that table. If we come upon similar circumstances, we will be coming back to the Board for a hearing.” Mr. Harris agreed that it is a good idea to address this “gray area” with area establishments. Mr. Norton believes it is important to note that the Selectmen recognize
there are no establishments in Scituate that knowingly serve alcohol to a minor. “We know that everyone tries hard. Unfortunately, sometimes things ‘fall through the cracks’ and there can be tragic consequences.”
Attorney Ohrenberger stated that Mr. Warner and Mr. Hill have worked closely with the Police Department on this issue and during the course of these discussions, a new awareness of upholding the law was brought forward. He further stated that all Mill Wharf Restaurant employees are TIPS certified and will be made aware of this situation.
12. DISCUSSION/ VOTE/ Closure of Front Street & Outdoor Entertainment Permit for
Mr. Dan Taylor and Mr. Jesse Batemen, Scituate Chamber of Commerce, were present at tonight’s meeting. Mr. Taylor noted the following changes that have been made to the Heritage Days weekend that will hopefully relieve some of the congestion: (1) reduction in the amount of vendors (from 126 to 93), (2) vendors will be gone from one complete side of the street, which will create a ‘pedestrian walkway’ to afford greater access by emergency apparatus, (3) shuttle bus service to and from the Greenbush MBTA and the High School parking lots (one shuttle bus for each location). Mr. Harris asked that all parking issues be coordinated with the Chief of Police. Discussion continued on parking issues encountered at the time of the St. Patrick’s Day Parade and the need to clarify where parking is allowed and where it is not. Mr. Murray noted the recent memorandum sent by the Chief of Police outlining some additional concerns; regarding Police detail charges to be borne by the Chamber of Commerce, outdoor entertainment, satellite parking and a reduction in parking spaces utilized on Cole Parkway for amusements. The Selectmen asked that the Fire Chief to send a similar, updated memorandum to the Board and the Chamber of Commerce. Mr. Batemen stated that he had communicated with the Fire Department.
Mr. Jerry McMorrow, Scituate Music store, suggested that a large sign be placed near the old Animal Shelter advertising the satellite parking locations a week before the actual event. He further noted that other towns hosting large events allow parking on just one side of the roads. Mr. Harris stated that the old Animal Shelter had recently been sold and the new owner should be consulted regarding sign placement. Mr. Norton reminded that the music portion of Heritage Days, which is located on Front Street, needs to be looked at again by the Chamber in terms of another location. “This (music portion) may not occur on Front Street another year unless the Board learns that the Chamber of Commerce has looked at every possible spot.” Mr. Taylor stated that the Chamber has tried to improve the layout of Front Street by having less vendors and greater emergency accessibility. Mr. Murray suggested that another “debriefing” session take place after 2009 Heritage Days in September 2009.
Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT the Scituate Chamber of Commerce’s request to close Front Street from Beal Place to Allen Street to vehicular traffic on Saturday, August 8, 2009 from 6:00 AM to 6:30 PM and Sunday, August 9, 2009 from 6:00 AM to 7:00 PM and in accordance with all conditions set by the Scituate Police and Fire Departments. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)
Mr. Murray made a MOTION that the Board of Selectmen VOTE to GRANT the Scituate Chamber of Commerce’s request for Outdoor Entertainment on Saturday, August 8, 2009
from 9 AM to 5:30 PM and Sunday, August 9, 2009 from 9 AM to 6:00 PM for amplified music (Front Street Music Festival), opening ceremonies at the bandstand, third annual oyster shucking contest (Cole Parkway), dory and rowing races (Jericho Road Beach), the boat parade and blessing of the fleet (Town Pier) and further that the Board GRANT permission for the Chamber of Commerce to utilize a portion of Cole Parkway, across from the Beaucoup Beads store, for amusements on August 8th and 9th. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)
13. VOTE/ AWARD CONTRACT/ Travel Lift (Piers) / Scituate Marine Park
Harbormaster Mark Patterson and Waterways Commission Chairman, John Murphy, were present at tonight’s meeting. The Harbormaster explained that the Travel Lift Piers are part of the Phase III improvements to the Scituate Marine Park. The Harbormaster described Phases I and II and the fact that both of these phases have been completed. Mr. Murphy thanked former Waterways Commission Chairman, Howie Kreutzberg, for his work on this project. The Harbormaster noted that the travel lift piers will extend fifty feet from the bulkhead and should take approximately three weeks to complete. The Town will not purchase the travel lift. The travel lift is a capital investment required of the Lessee. It has been ordered and is expected to arrive in late August 2009. All of this should put the facility in “good shape” for the hauling of boats in the fall. Discussion continued on the Lessee erecting a new building at the Marine Park.
Mr. Murray made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the Scituate Marine Park Improvements – Phase III – Travel Lift, Contract #09-WY-01 to AGM Marine Contractors, Inc. of Mashpee, Massachusetts for a total bid price of $198,000 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)
Mr. Harris noted that the Lessee needs a licensed operator to operate the travel lift.
14. DISCUSSION/ VOTE/ Amend Traffic Rules and Regulations
Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to AMEND Schedule 5 of the Town of Scituate Traffic Schedules to include: Street Stopped – Hillside Road, Direction of Travel – Southerly; At Intersection With: Woodland Road. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)
Mr. Murray made a MOTION that the Board of Selectmen APPOINT Republican and Unenrolled Town Election Workers per the submitted list. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)
Mr. Murray made a MOTION that the Board of Selectmen APPOINT Michael Higgins as a full member of the Water Resource Committee. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)
Mr. Murray made a MOTION that the Board of Selectmen APPOINT Jamie Noonan as an
Mr. Murray made a MOTION that the Board of Selectmen APPOINT Kevin Cafferty to the Traffic Rules and Regulations Committee and the Street Acceptance Committee. SECONDED by Mr. Danehey. Discussion – Mr. Danehey thanked Mr. Paul Scott for his many years of service on both of these Committees.
Mr. Murray made a MOTION that the Board of Selectmen APPOINT John Danehey, Peter Morin, Brian Sullivan, Donald Walter and William Limbacher to the Zoning By-Law Committee. SECONDED by Mr. Harris. No discussion. Murray, Harris, Vegnani and Norton voted “yes”. Mr. Danehey abstained from voting. (4-0 in favor of the motion.)
Mr. Murray made a MOTION that the Board of Selectmen APPOINT Mark Fenton to the By-Law Review Committee. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)
16. OTHER BUSINESS
Mr. Harris noted that vandals set off fireworks at the High School turf field that did approximately $4,000 of damage to the field. The result of this vandalism will mean that the field gates will be locked at night and a surveillance camera will be installed.
Mr. Vegnani made a MOTION that the Board of Selectmen ACCEPT the Minutes of July 14, 2009. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)
Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 8:25 PM. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)
BOARD OF SELECTMEN
Kimberley A. Donovan, Admin. Assistant
|Scituate Town Hall—600 Chief Justice Cushing Highway, Scituate, Massachusetts 02066 - firstname.lastname@example.org|