MINUTES OF MEETING

BOARD OF SELECTMEN

OCTOBER 20, 2009

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

Patricia A. Vinchesi, Town Administrator

Press: Scituate Mariner

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

Mr. Norton announced that Agenda items #4 and #7 would be postponed.

2. ACCEPTANCE OF AGENDA/ WALK-IN PERIOD

Mr. Harris made a MOTION that the Board of Selectmen VOTE to AMEND the Agenda for October 20, 2009. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

There were no walk-ins this evening.

3. VOTE/ AWARD CONTRACT/ Transfer Station Loader/ K. Cafferty

Mr. Kevin Cafferty, Town Engineer, stated that the current loader is a 1987 Volvo and has gone beyond its useful life. A Caterpillar loader was located for a good price via the State bid plan ($135,000). The new loader will also be outfitted with a snowplow for approximately $13,000 (monies to be taken from the Transfer Station Enterprise Fund and the Snow & Ice budget). The old loader will be kept as a snowplow at an overall savings of $100/hour. It will be kept to plow the Transfer Station and possibly sections of the Driftway. Mr. Norton asked if the new machine can be used anywhere in Town? Mr. Cafferty answered “correct”. Mr. Harris asked about the machine having “dedicated” use in the Harbor area? Mr. Cafferty will need to check with Highway Supervisor Mike Breen regarding specific machines use during snow events. Mr. Harris asked about a “coupler” for the front of the new machine.

Mr. Danehey made a MOTION that the Board of Selectmen AWARD the contract for the purchase of the Caterpillar 928Hz Wheel Loader and associated accessories to Southworth - Milton, Inc. of Milford, Massachusetts for an amount not to exceed $150,000. SECONDED by Mr. Vegnani. No discussion. Unanimous vote. (5-0)

8. ACCEPT RESIGNATION/ South Shore Recycling Cooperative

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT Mike Breen’s resignation from the South Shore Recycling Cooperative and further that the

Board thank Mr. Breen for his many years of participation on the Recycling Cooperative on the Town’s behalf. SECONDED by Mr. Danehey. No discussion. Unanimous vote.(5-0)

Mr. Vegnani asked if a member of the Board of Selectmen could attend a telephone conference on Tuesday, October 27, 2009 at 4:00 PM at the Superintendent of School’s office to discuss State funding for the Wampatuck School? Mr. Danehey will attend the conference.

9. APPOINTMENTS

Mr. Danehey made a MOTION that the Board of Selectmen RE-APPOINT Jane Lepardo as Treasurer/Collector for three years subject to satisfactory performance based on mutually agreed upon goals and objectives. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Danehey made a MOTION that the Board of Selectmen APPOINT Kevin Cafferty as the Town’s representative on the South Shore Recycling Cooperative. SECONDED by
Mr. Harris. No discussion. Unanimous vote. (5-0)

10. REPORT/ Town Administrator

Ms. Vinchesi distributed the second installment of the monthly financial monitoring report to the Selectmen. She noted that gasoline and other fuels are doing fairly well due in part to Mr. Bangert’s diesel and gasoline contracts. She has some concerns regarding Fire Department overtime. The revenues really need to be tracked. Some of the receipts for the same periods of FY09 and FY10 are less this year (real estate, motor vehicle excise and building permits, etc.) Mr. Vegnani requested a “running total” of receipts from year to date for last year. Mr. Norton believes things are “not going to get any better. We have not seen the worst of it yet and we need to keep that in mind as we make future decisions.”

This report will be continued later in the meeting.

5. 7:15 PM/ DISCUSSION/ VOTE/ Oro Restaurant/ 146-164 Front St. / Alter Premises

Mr. Robin King, applicant, and his attorney, Mr. Martin Pomeroy, were present at tonight’s meeting. Mr. Pomeroy noted that the Selectmen and the Alcoholic Beverages Control Commission (ABCC) have already approved a liquor license for ORO. This application requests a different location for the restaurant within the same building. Mr. Norton asked if the restaurant would be approximately half the size of the original design? Mr. Pomeroy answered “yes”. It was verified that seating for 65 patrons would be allowed, but in fact, the restaurant will only seat 62. Mr. King stated that he grew up in Scituate and has worked in restaurants in Colorado and Boston. His wife, Ms. Jill King, will be the manager of the restaurant. ORO will have excellent food and service and a family atmosphere. The food will focus on seasonal fare with an emphasis on fish dishes. Mr. Vegnani asked if this is Mr. King’s first restaurant?

Yes. Is this the first time your name has been on a liquor license? Yes. Do you have TIPS certification (liquor license service training)? Mr. King answered “yes and once the ORO staff is hired, a TIPS trainer will be brought into the restaurant to train the staff. They will also get “first responder” training. Opening date? Hopefully, January 2010. Mr. Danehey asked what the name ORO means? Mr. King responded that his son’s name is Owen Robert. Mr. Danehey asked that the Selectmen’s Administrative Assistant be notified when the staff completes the TIPS training. Clarification was given on the exact location of ORO restaurant within the old Welch building. It will be located in the old site of the Lotus Restaurant.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT the application of ORO Restaurant LLC, d/b/a ORO, 146-164 Front Street, Scituate, MA to amend their Common Victualler’s All Kinds of Alcoholic Beverages Licenses by “Altering and Reducing the Premises”. The restaurant is being reduced from 4,250 square feet to 2,100 square feet in the same building. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

6. DISCUSSION/ VOTE/ Special Town Meeting Budgets/ Articles

Mr. Norton will speak to Articles 1, 2, 3, 5 and 6. Mr. Harris will speak to Article 4.

Article 1 – Ms. Vinchesi stated that in an effort to balance the FY2010 budget, she asked each department on the Town side to offer a 0.53% cut from their budget. She thanked each department for offering these cuts, which amounted to $126,400. A couple of the larger cuts noted were (1) a delay in purchasing a Police cruiser and (2) the Fire Chief will not get a new command vehicle this year. Mr. Murray, liaison member to the Conservation Commission, asked why Conservation had offered a total of $4,700 in cuts and the Town Administrator had used less? Ms. Vinchesi stated that in some cases she took the 0.53%, more was taken from Departments that did not need it and sometimes monies were left with Departments that did need it. Mr. Murray stated that he was encouraged to learn that Town side staffing was “lean”. He noted that Library and Recreation use is “up” and asked if their cuts could be less? Ms. Vinchesi stated that the department heads recommended these cuts and reflect numbers with which they are comfortable. She believes the type of review that Mr. Murray suggests will be done during the FY2011 budget process. She sent an e-mail to Department heads today regarding the FY2011 budgets. Mr. Vegnani stated that the Financial Forecast Committee met last week and State Aid, Local Receipts and New Growth all decreased. It appears that the Schools need to come up with $230,000 in cuts. The Town side needs $117,000 in cuts. He stated that reducing expenses seems like the logical way to proceed at this time. Further local aid cuts may come from the State over the next couple of months.

Mr. Bill Johnston, Chairman of the School Committee, stated that the School Department will not fill a couple of vacant positions. “We still have a small gap to go, but we are committed in

getting to our number.” Mr. Murray asked for clarification on the school/town percentage split. Is it mandated by the legislature. Mr. Norton stated that the split had “evolved” over the years. Overrides have changed the numbers. Mr. Vegnani noted that the split comes after a lot of shared expenses (over $10 million) are taken care of. Mr. Scott Roberts asked for clarification on the actual numbers. Ms. Vinchesi stated that the numbers may be subject to change up until the time of the Special Town Meeting. She will make certain that everyone’s numbers “match”.

Mr. Murray made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 1. SECONDED by Harris. No discussion. Unanimous vote.

The Board of Selectmen re-affirmed their support of Articles 2 – 6. Votes were taken at the October 6, 2009 meeting.

Mr. Norton thanked the individual departments for making the budget cuts. He also thanked the School Department for their efforts.

10. REPORT/ Town Administrator – continued

Ms. Vinchesi recommends disbanding the two existing cable television committees. She recommends that the Selectmen consolidate these two groups into one group, which will be moving in a different direction now that the cable television contract is settled. The new committee will work with the cable television studio employee. The Board will need to put special committee in place when the Comcast contract is reviewed in ten years. Discussion on alternate cable providers.

Ms. Vinchesi recommends that the Selectmen have a “working meeting” to discuss budget issues that members would like to bring forward. She recommends holding this on a Saturday in November or early December from 8 AM to 11 AM possibly at the Scituate Marine Park building. It would be a very general meeting and no votes would be taken.

11. OTHER BUSINESS

Mr. Murray received a call from a resident complaining about the “reverse 911” notification from the Plymouth County Sheriff’s department concerning last Saturday’s Duathlon event held in Scituate. The resident felt it was an inappropriate use of that type of notification. Discussion continued on detours, event organization and the need for a debriefing after the event. Ms. Vinchesi has already set up a debriefing with the Fire and Police Chiefs for the first week in November. Mr. Danehey, liaison to the Chamber of Commerce, will find out the merchants’ feelings on the event. He will also find out if the Duathlon benefited Scituate based charities. Mr. Vegnani and Mr. Murray have heard positive things from participants and spectators. Mr. Norton knows that the Friendship House, a local charity, was one of the named charities.

Ms. Ann Burbine, Pennycress Road, noted that the “reverse 911” notification gave Duathlon street information the night before the race. It would have been beneficial to have that information well in advance of the event. Communication is key. Mr. Norton noted that some of the routes had to be changed the morning of the event due to flooding.

Mr. Danehey noted a very successful marathon that is held annually in Burlington, Vermont. That event also went through “growing pains” and this one will, too. Health and safety of the participants and spectators is first and foremost. Mr. Norton noted that the satellite parking at the Greenbush MBTA station worked very well.

Mr. Vegnani asked that the Police Chief be invited to attend a November Selectmen’s meeting to discuss liquor license violations and a possible draft policy for said violations. Mr. Vegnani has done some research on how other towns handle violations. He has “big concerns” about establishments’ “carding” policies and underage drinking.

Mr. Vegnani stated that the Art Auction held last Saturday night, in conjunction with Joshua’s Run, was very successful.

Mr. Harris asked why the Selectmen did not vote the new top sign on Kent Street in front of
St. Mary’s Church that made the intersection a four-way stop? Mr. Bangert stated that this stop sign was already accounted for and published in the Town’s Traffic Rules and Regulations some time ago according to Officer Thompson. Mr. Harris asked to see a copy of the Regulations.

Mr. Harris stated that resident David Ball, Rebecca Road, has inquired about seawall repair at the bottom of Jericho Road for years. Discussion continued on funding for these seawalls. Some of the direct abutters would be willing to pay some of the cost. Mr. Harris asked if the cost could be paid by betterments? Mr. Murray noted the interesting packet of information that Mr. Ball submitted to the Board on this matter. Discussion continued on FEMA funding for seawalls. Mr. Danehey noted that the seawall in question was constructed in the early 1900’s. “This is a major concern that will need to be addressed sooner than later.” Discussion continued on how the seawalls fared over the past weekend when there were two storms.

Mr. Danehey announced that the Scituate Beach Association will hold its Halloween Party on Saturday, October 24, 2009. An open house will be held at the Fire Department on the same date. “Trick or Treat” in the Harbor will be held on Saturday, October 31st from 3:30 to 5:30 PM. All of these are wonderful events.

Mr. Vegnani announced vacancies on the Scituate Cultural Council. Scituate’s funding from the State will be in jeopardy if two positions are not filled in the next couple of weeks. He encouraged interested parties to apply.

12. CORRESPONDENCE - None

13. ADJOURNMENT

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 8:23 PM. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

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