BOARD OF SELECTMEN

SEPTEMBER 22, 2009

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

Patricia A. Vinchesi, Town Administrator

Press: Scituate Mariner

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

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for September 22, 2009. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (3-0)

Mr. Danehey entered the meeting at 7:02 PM.

Walk-Ins – Mr. Al Bangert, Director of the Department of Public Works, announced a “Fall Special Event” to take place at the Transfer Station on Saturday, October 3rd (rain date Sunday, October 4th). This event will be a Toy and Children’s Furniture Exchange Day.

Mr. Norton asked for an update on the “Driftway Trail”. Mr. Bangert stated that the DPW Engineering Division is now supervising the project and they expect it to come in at budget and to be completed this fall.

3. MEET APPLICANTS/ By-Law Review Committee, Waterways Commission

Dan Monger – applicant for the By-Law Review Committee, resides at 5 Captain Daniel Litchfield Lane. Mr. Danehey suggested he apply for this position because he has experience as a land use attorney. He would like to contribute his time and expertise to the Town.
Mr. Danehey stated that Mr. Monger has a “wealth of experience” in zoning and planning and would be a great asset to this Committee.

Fran McMillen –applicant for the full position on the Waterways Commission and is currently an Associate Member of the Waterways Commission. He has owned and operated a mooring and launch service in Scituate Harbor for twenty-two years. He has provided launch service for the Recreation Department’s sailing program for many years. He believes the Waterways Commission is a very positive force in Scituate Harbor and that he would like to contribute as a full member.

Keith Walo - applicant for the full position on the Waterways Commission and is currently an Associate Member of the Waterways Commission and resides at 200 Country Way. He owns a mooring company in Scituate Harbor. He has a lot of ideas that will help the Town and help the Harbor merchants, as well.

Brad White – applicant for the full position on the Waterways Commission and resides at
149 North Main Street, Marshfield. He was a friend of Steve Smith, a former member of the Waterways Commission, who recently passed away. Mr. White listed his management skills,
businesses ventures. He is a USCG licensed Master Captain. “I have expertise in getting the job done.” He acknowledged that there is nothing “broken” on the Waterways Commission. “They have done a fabulous job.” He noted that he recently applied to Marshfield’s Waterways Commission and that there is a possibility of an opening on that Commission, as well. He is interested in protecting and keeping our waterways open for the “average guy” that wants to use them. He believes in equal access for all. He spoke about clam seeding in the North River area and wants to also be involved in bringing salmon back to the River. He also expressed an interest in the Scituate Marine Park’s Maritime Center. Mr. Vegnani asked if Mr. White was currently an Associate member of Scituate’s Waterways Commission. Mr. White answered “no”.

Appointments will be made under agenda item #11.

4. 7:10 PM/ Change of Manager / The River Club

Mr. Fred Zimonja, MWB, LLC Manager and Mr. Peter Booras, proposed manager, were present at tonight’s meeting. Mr. Zimonja stated that he is in the process of changing over the company to the Booras brothers and changing the manager is the first step. The previous manager, Ellen Mackenzie, will still be on site as the “in house” caterer. Mr. Booras stated that he has been in the restaurant business his entire life and currently owns a restaurant in Hull that does not have liquor license. In the 1980’s he did have restaurant with a liquor license in Boston. Mr. Vegnani asked if the Boston restaurant had experienced any liquor license violations?
Mr. Booras answered “no”. Mr. Harris what would change with the new manager? Mr. Zimonja stated that the restaurant will still have the usual functions, but they would like to open the pub section of the restaurant on a regular basis. Mr. Booras stated that it would continue to be a “traditional family function facility. Nice entertainment and comedy with regular hours on the weekends.” Mr. Harris asked if there would also be a real estate transaction? Mr. Zimonja answered “no”.

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to GRANT a Change of Manager for MWB, LLC d/b/a The River Club, 78 Border Street. The new manager will be Peter Booras. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (4-0)

5. 7:15 PM/ Pledge of License/ Tedeschi’s Store #359

Mr. Brian Guilmet, new owner of Tedeschi’s Store #359, was present and stated that this pledge is a standard occurrence which banks require for collateral. Mr. Vegnani asked if this is “normal”? Yes.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT the request to pledge the Retail Wine & Malt Beverages License held by JBNJ Foods, Inc. d/b/a Tedeschi’s #359, 377 Gannett Road, Scituate, Massachusetts to Weymouth Bank,
744 Broad Street, Weymouth, Massachusetts. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

6. VOTE/ AWARD CONTRACT/ Construction of Gannett Rd. Pedestrian-Bicycle Trail

Mr. Al Bangert, Director of the Department of Public Works, and Mr. Kevin Cafferty, Engineering Supervisor/ DPW, were present at tonight’s meeting. Mr. Bangert stated that the 2008 Town Meeting voted to fund this Community Preservation Act(CPA) project. An
engineering firm was selected last summer. Three, well attended public hearings and two Conservation Commission meetings were held. The firm made site visits with each of the abutters of the project, as well. Nine proposals for the construction of the trail were received. The Town’s consultant recommended Frederickson Jones Contracting of Walpole, Massachusetts as the qualified low bidder. The Town’s Engineering Division has been satisfied with this company’s past work in the Town. Mr. Bangert stated that the construction cost of this project will be $223,000 below what was projected and that amount will be refunded to the Town’s CPA account. Discussion continued on the Henry Turner Bailey Road sidewalk.
Mr. Bangert explained that the sidewalk will be funded by Chapter 91 money and will service thirty-seven homes along that section of roadway. This section of road was considered to be a “top priority” of the Sidewalk Study and will allow safe passage for these residents. Mr. Harris stated that he was impressed that the consultant met individually with the abutters. Mr. Bangert agreed and noted that when at all possible, abutter requests were met. Mr. Vegnani thanked Mr. Bangert for his one page summary of the project.

Resident Mark McCormack, 261 Gannett Road, would like to speak to the company that will be removing the shrubbery along Gannett Road for this project. Mr. Norton suggested that
Mr. McCormack contact Mr. Bangert.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the Gannett Road Pedestrian-Bicycle Trail, Contract #09-HW-03 to Leroy Jones Corp. d/b/a Frederickson Jones Contracting of Walpole, Massachusetts for a total bid price of $316,870.00 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. (4-0)

7. 7:30 PM/ PUBLIC HEARING/ Common Victualler’s All Kinds of Alcoholic Beverages
License/ Inn at Scituate Harbor/ Seven Beaver Dam Road

Mr. Danehey recused himself from this hearing.

Mr. Vegnani read the public meeting notice. Mr. Dave Ferguson, owner, and Ms. Lynda Ferguson, manager, were present at tonight’s meeting. Mr. Ferguson stated that the Inn came with food and beverage space that they are trying to “resurrect” over the next couple of months for Inn guests and the general public. Initially, they are interested in going forward with a “pub concept” with limited food service as opposed to a full restaurant. Mr. Vegnani asked Mr. Ferguson if he had ever held a liquor license before? Mr. Ferguson answered “no”. Mr. Vegnani asked Ms. Ferguson is she had ever managed a liquor license before? Ms. Ferguson answered “no. Mr. Harris asked if anyone involved with the Inn had liquor license experience? Mr. Ferguson answered “yes” that both he and Mr. Leaver (a co-owner), in their capacity as managers of a variety of hotels, have a “long history” of oversight of food and beverage operations. Mr. Harris asked about TIPS certification? Mr. Ferguson stated that all employees would be TIPS certified. Mr. Harris asked if liquor would be served to the guest rooms? Mr. Ferguson answered “yes, that is a part of this license”. He assured the Board that the same

requirements would apply for room service as would for the pub area. Guests will be asked for identification. They are not planning to have an “honor bar” in the guest rooms. Discussion continued on the patio area being included as part of the serving area in a future application. The patio is not part of tonight’s application. Mr. Harris and Mr. Vegnani congratulated the owners on their fine work in opening the Inn and forproviding excellent customer service.

Mr. Henry Lynch, 15 Beaver Dam Road and abutter to the Inn, is glad the Selectmen asked about the TIPS certification. He is very happy to see the Inn open – “they have done a great job. If this license can help them, I would like to see it happen.” He noted the nice landscaping and the fact that former Inn employees have been hired back. Ms. Debra Jackson, 15 Beaver Dam Road, asked about the hours for the Pub. Mr. Ferguson stated that the hours would reflect the Inn’s “quiet after 10 PM” rule. Liquor will not be allowed out in the parking lot area. He would like the hours of the liquor license to be 12 PM to 12 AM so Inn guests would not be restricted. His goal is for guests to be able to relax and not be disruptive.

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to GRANT a Common Victualler’s All Kinds of Alcoholic Beverages License to the Inn at Scituate Harbor, Inc. d/b/a Inn at Scituate Harbor, for the premises located at Seven Beaver Dam Road, Scituate, Massachusetts for the hours of 12 PM to 12 AM for liquor service inside the building. The premises consists of a twenty-nine room inn with existing space (approximately 2,500 square feet) included in the building that was previously used as a restaurant/bar. The building has six entrances/exits; two located on the west side of the north wing, two facing south on the east wing and two facing north on the east wing. SECONDED by Mr. Harris. No discussion. Mr. Vegnani, Mr. Norton and Mr. Harris voted in favor of the motion. (3-0)

8. PRESENTATION/ UPDATE/ H1N1 (Swine Flu)/ Director of Public Health

Mr. Harris thanked Ms. Sullivan for attending tonight’s meeting. Ms. Sullivan stated that unfortunately the clinics for seasonal flu shots scheduled for October 7th and 8th have been cancelled. These flu shots are distributed by the State and have not arrived, as yet. The clinics will be rescheduled as soon as she knows when the flu shots will arrive. The Federal government is handling the Swine Flu shots. It is a completely different vaccine and is entirely voluntary. Ms. Sullivan spoke of information on the Swine Flu vaccine as an “evolving situation”. She noted that the Massachusetts Health Department’s website as an excellent source of updated information. Ages 10 and older who wish to have the Swine Flu shot will need one shot, those under age 10 should have two shots. She spoke of priority groups being pregnant women, those six months and younger as well as household contacts, and 6 months to 24 years and 25 to 64 years with health issues. Seniors are not targeted for this inoculation. They have built up tolerances to the illness over the years. Health care and emergency medical personnel also should have the vaccine. Parents should check with their child’s physicians. They should also check “family leave time” at their jobs and day care policies. Businesses should review their policies. “Washing hands is primary. Cough into a tissue or your elbow. Avoid large crowds. If you are sick, stay at home.” Information is being updated constantly. A “Town summit” on this issue has already been held. Ms. Sullivan stated that this flu is mimicking the flu of 1918. The government is “banking” on this vaccine, which is “safer than Advil”.
Ms. Sullivan intends to get a Swine Flu shot. Discussion continued on the Town getting the seasonal flu shot privately, but it would have had to been ordered back in January. Prioritization

of the shots was also discussed. The Swine Flu shots are totally under the Federal government’s jurisdiction and they say they will keep producing shots as long as there is a demand. The Town’s web page will be updated with information on a regular basis. Ms. Vinchesi stated that the local cable channel would also have updated information.

9. ANNOUNCE VACANCY/ Board of Assessors

Mr. Vegnani read the letter of resignation from Mr. Timothy O’Brien from the Board of Assessors. Mr. Norton thanked Mr. O’Brien for lending his invaluable experience to the Board of Assessors. Letters of interest in the seat may be submitted to the Board of Selectmen until October 23, 2009. Appointment will be made on November 2, 2009 via joint roll call vote with the Board of Assessors. The appointee will serve until the next Town election, May 8, 2010.

10. PROCLAMATION/ Knights of Columbus/ Annual Tootsie Roll Drive

Mr. Danehey read the proclamation announcing October 16 – October 18, 2009 as Tootsie Roll Drive days in the Town of Scituate. Mr. Norton thanked the Knights of Columbus for all they do in the Town of Scituate.

11. APPOINTMENTS

Mr. Danehey made a MOTION that the Board of Selectmen RE-APPOINT Thomas Reilly as a Constable in the Town of Scituate. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Mr. Danehey made a MOTION that the Board of Selectmen APPOINT Dan Monger to the By-Law Review Commission. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

Mr. Danehey made a MOTION that the Board of Selectmen APPOINT Keith Walo as a Full Member of the Waterways Commission. SECONDED by Mr. Harris. Discussion – Mr. Vegnani noted the excellence of the three candidates for this position. He asked if Mr. White might like to join the group as an Associate member at this time? Mr. White stated that he would be interested if there is not a conflict with his possible affiliation with the Marshfield Waterways Commission. Mr. John Murphy, Chairman of the Waterways Commission, agreed that all three applicants were very good. He looks forward to Mr. Walo joining as a full member and noted Mr. McMillen’s participation as an Associate member. No further discussion. Unanimous vote. (4-0)

12. REPORT/ TOWN ADMINISTRATOR

Minot Lighthouse Update – Ms. Vinchesi noted a recent meeting she attended with the Cohasset Board of Selectmen, Selectman Rick Murray, Mr. David Ball, Scituate Historical Society, and Mr. Doug Smith, Scituate Historic Commission, regarding the “merits and challenges of potential acquisition of the Minot Lighthouse”. In summary, each town needs to send a letter of interest to the General Services Administration by September 30th. Ms. Vinchesi has drafted a “letter of interest” and would like to send it out under the Chairman’s signature tomorrow. This is the first step in the process and it appears that a joint collaboration between Scituate’s and Cohasset’s historical groups will ultimately determine “how far this will go”. Mr. Vegnani asked

if the lighthouse would go up for public auction if there was no interest? Ms. Vinchesi answered “yes”. She further noted that this project is not on the “quick train”. Discussion continued on a possible site visit to the lighthouse in the spring.

Financial Trend Monitoring/ Financial Update - Ms. Vinchesi noted two documents, “Financial Trend Monitoring Expenditures” and FY2010 “Preliminary Estimated Sources and Uses” that have been distributed to the Selectmen. The “Financial Trend…” document is still a draft, but was generated as a follow up to a meeting Ms. Vinchesi had with Mr. Vegnani about a month ago. The document follows some financial indicators such as electricity, gas, fuel, overtime, etc. that should be monitored on a month to month basis. Ms. Mary Gallagher, Town Accountant, has “plugged” in the numbers for July and August 2009 and they can be compared with the FY’09 months from last year. She noted that this information has never really been captured in the past and we can now get “real time” information to department heads after each month ends. The fact that the Town is doing “very well” monthly receipt wise is good, but she also referenced the decline in State Aid, which is off quite a bit from the FY’09 numbers (9% reduction). The “Preliminary Estimated Sources and Uses” document estimates a deficit of $345,680. The number may go up depending on cuts the State may make. Ms. Vinchesi wants to make certain the Town takes steps to mitigate this over the next nine months. Mr. Danehey noted the excellent information contained in these documents.

Mr. Vegnani stated that a Special Town Meeting will be held on November 2, 2009 at 7:00 PM at the High School gymnasium.

13. OTHER BUSINESS

Mr. Harris announced that the Recreation Department would be holding fall and winter “sign ups” this Saturday, September 26, 2009.

Mr. Danehey and Mr. Vegnani announced the CORSE golf tournament this Friday, September 25th at Widow’s Walk. This is a great fundraiser for community based programs. Mr. Danehey complimented the Hamilton Company for winning a historical preservation award. The Company has put a lot of money into restoring the old Welch Building, which is an asset to the downtown Harbor area. Mr. Danehey stated that the Special By-Law Review Committee met last week and will meet again on September 30th. Mr. Norton reminded that a member of the standing By-Law Review Commission needs to be named to this new “Special Committee”.

Mr. Vegnani stated that the Capital Planning Committee met this evening and will meet again on October 13, 2009. Construction has begun on the new ticket booth and covered picnic area at the entrance of the High School football field and track. Mr. Vegnani encouraged everyone in the community to support their local athletic teams. “It is a great time and good, inexpensive entertainment.”

14. CORRESPONDENCE

Mr. Danehey read a notice regarding the United States Senate Special Primary Election to be held on December 8, 2009 at the High School gymnasium from 7AM to 8 PM. Final date for voter registration for this Primary is 11/18/09 at the Town Clerk’s office. The United States Senate Special State Election will be held on January 19, 2010 and the last day for voter registration is 12/30/09.

15. MINUTES

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of September 8, 2009. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

16. ADJOURNMENT

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 8:31 PM. SECONDED by Mr. Harris. No discussion. Unanimous vote. (4-0)

BOARD OF SELECTMEN

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Joseph P. Norton, Chairman

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John F. Danehey

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Shawn Harris

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Richard W. Murray

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Anthony V. Vegnani

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant