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News/Events - Meeting Minutes

MINUTES OF MEETING

BOARD OF SELECTMEN

MARCH 17, 2009

Present: Richard W. Murray, Chairman; John F. Danehey, Shawn Harris,
Joseph P. Norton, 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. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the AMENDED Agenda for March 17, 2009. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

There were no “walk-ins” this evening.

3. MEET APPLICANTS

Mr. Donald Salmon, applicant for the Renewable Energy Committee, was present at tonight’s meeting. Mr. Salmond stated that he moved to Scituate fairly recently, has no children in the Schools and works out of Town. When he read in the newspaper about the Renewable Energy Committee’s activities, he thought that this would be a “good fit” for him because it is an area which he knows something about. He feels joining the Committee would be a great opportunity to help the Town. Mr. Murray noted Mr. Salmond’s excellent qualifications and very complete answers to application questions. Mr. Danehey stated that Mr. Salmond is “more than qualified” and that he would be “an asset to the Committee and the Town”. Mr. Vegnani asked if Mr. Salmond had worked with wind and solar energy? Mr. Salmond answered “yes, but not to the same level of detail as the Town is currently engaged in”. He further stated that he attended the Committee’s most recent meeting and was very impressed with the level of expertise.

Ms. Barbara Cox, applicant for the Affordable Housing Trust, stated that she has lived in Scituate her entire life and has been a realtor for the past seven years. She believes her experience as a realtor and life-long resident would be of help to the Trust. Over the years, she has been very impressed with how much people “give back” to the Town and now she would like to do the same. Ms. Cox stated that her mother had been a realtor in Scituate for many years and found her (Cox) an affordable house many years ago. She noted that “Scituate is a wonderful place to live and people that grew up here and work here should be able to live here”. Mr. Danehey agrees that Ms. Cox’s experience as a realtor will be valuable to the Committee. “She knows properties.” Mr. Vegnani asked if anyone else on the Affordable Housing Trust has this type of expertise. Mr. Danehey answered “no”. He further noted that the Trust currently has five members and may have a total of nine. New members being appointed this evening will serve a one year appointment.

Mr. Frank Snow, applicant for the Affordable Housing Trust, stated that he currently serves on the Conservation Commission and the Community Preservation Act Committee. He noted the number of Chapter 40B applicants that have come forward in recent years and overall awareness of the lack of affordable housing in Scituate. The Community Preservation Act addresses affordable housing via the Affordable Housing Trust. He would like to serve on the Trust – “it would be a good fit”. Mr. Snow continued by stating that he is a contractor who has a good knowledge of local zoning issues. He also served on the Public Building Commission prior to serving on the Conservation Commission. He is a lifelong Scituate resident and believes there are some good opportunities in Scituate right now for affordable housing. There is “raw” land available that does not have to be purchased and some funding to move forward. Mr. Murray thanked Mr. Snow for volunteering and noted that “Mr. Snow does a lot for the Town”. Mr. Vegnani asked when Mr. Snow’s term on the Conservation Commission ends? Mr. Snow answered “shortly”. He expressed interest in continuing to serve on the Community Preservation Act Committee, as well.

Mr. Vin Kalishes, applicant for the Affordable Housing Trust, was unable to be present due to illness. Mr. Murray asked if the Board would postpone his interview until the next meeting. The Board agreed to postpone.

4. DISCUSSION/ VOTE PERMISSION/ Knights of Columbus Carnival/ W. Limbacher

Mr. William Limbacher, Knights of Columbus, was present to request permission from the Board of Selectmen for the use of Cole Parkway for the annual Knights of Columbus carnival. Mr. Limbacher stated that the carnival would be run the same as it had in past years – Monday for “set up” and the carnival would be open Tuesday through Saturday evenings from 7 PM to 11 PM with fireworks on Saturday and Sunday evenings. Fiesta Shows will be the operator again this year. Mr. Harris noted the great job the operator did last year. Mr. Vegnani suggested that a “follow up” meeting be held after the event each year. Mr. Limbacher concurred. Parking was discussed.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to GRANT permission to the Knights of Columbus to hold their annual carnival on July 14th, 15th, 16th, 17th and 18th, 2009 on Cole Parkway. The carnival will open each evening at 7:00 PM and there will be firework displays at 11:00 PM on Friday and Saturday evenings. Set up to begin on Monday, July 13th with no vehicles or trailers parked on Cole Parkway prior to that date. All insurance certificates must be filed with the Town Administrator’s office one month prior to the event and all conditions set by the Police, Fire and Building Inspector’s department must be met. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

5. DISCUSSION/ VOTE/ Class II License/ Automotive Depot

Mr. Lloyd Spensley, Automotive Depot, Inc., stated that he would not park any vehicles “for sale” at his home. He noted that his family had an automotive business on Route 3A in Cohasset for many years.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a Class II License to Automotive Depot, Inc., 162 Vernon Road, with no vehicles to be stored on the premises. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

6. DISCUSSION/ VOTE/ PHIN’s/ 95 Front Street/ Entertainment License

Mr. Aaron Pratt, owner of Phin’s restaurant, requested an entertainment license for Friday through Sunday, for a single entertainer to play on a stage area within the restaurant. This will be acoustical music with a possible jazz ensemble on Sundays during brunch. The music will end by 10:30 PM.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT an Entertainment License to Phin’s, 95 Front Street, Scituate Harbor for acoustical entertainment on Fridays and Saturdays from 8 PM to 10:30 PM and Sundays from 1 PM to 4 PM. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

7. DISCUSSION/ VOTE/ FIELD PERMIT FEE & FIELD COORDINATOR POSITION

Ms. Jennifer Vitelli, Director/ Recreation Department, and Recreation Commission members, Paul Sharry and Bruce Wait, were present at tonight’s meeting. Ms. Vitelli stated that tonight’s agenda item is a follow up to a memorandum generated by the Recreation Department in January 2009. The memorandum recommended field permit fees for various groups utilizing Scituate fields. The collected fees would then be used to hire a field coordinator who would schedule field use, CORI check individuals, collect insurance information, etc. The field coordinator would be hired by the Town Administrator and the position would begin in February 2010.
Mr. Harris thanked Ms. Vitelli for being willing to schedule the fields, in addition to her own duties, for many years (including the 2009 season).

Mr. Harris made a MOTION that the Board of Selectmen VOTE to implement (on the Town’s behalf) a $15 per hour fee for non profit/ non-resident organizations that are
co-sponsored by a Scituate based non-profit organization. This fee would be collected by the Recreation Department at the time the permits are issued. The fee would be based on the total number of hours the organization is issued. All other organizations would be discussed on a case-by-case basis. The money would be deposited into the Recreation Department’s Revolving Account. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

Mr. Harris participated in the recent “sign ups” for Recreation’s sailing program at the Scituate Marine Park. The staff, including Kim Peters, did a great job and the parents and children seem to be very enthusiastic about the sailing program. Mr. Harris thanked all involved.

8. DISCUSSION/ VOTE/ FY2010 BUDGETS & ARTICLES

Annual Town Meeting

Article 15 – Community Preservation Act, Item #14 “Community Housing”

Item #14 involves a transfer of $700,000 from Community Preservation Act money to the Affordable Housing Trust for the purpose of “community housing”. Mr. John Bulman, Chairman of the Community Preservation Act Committee (CPAC), stated that the CPAC voted unanimously in favor of this transfer of funds. $700,000 was transferred last year and when this

is added - $1.4 million will be in the Trust. He noted that CPAC has not spent anything on affordable housing to date. Mr. Danehey stated that he is a member of the Affordable Housing Trust and he noted Mr. George Trafton, Vice Chairman of the Trust, was also present at tonight’s meeting. The Trust fully supports the transfer of $700,000 into the Trust because “it will go a long way to purchase property and will give us bargaining power”. Mr. Vegnani expressed his support for affordable housing, but would only be willing to support putting $368,000 into the Trust at this time – not the full $700,000. He believes it would be financially prudent to leave more funds in the “reserve”. Discussion on the process by which the Trust may purchase a property as affordable housing. Mr. Danehey spoke of Trust members fiduciary duty to the Trust and their use of “due diligence” and intent to “spend money wisely”. He believes this is a way for Scituate to move forward towards attaining the State’s “number” of affordable housing units. “If you inhibit the Trust, it will be a difficult situation.” Mr. Bulman noted that the $1.4 million “will not solve everything, but it will make a dent”. Mr. Norton would like to see $1.4 million set aside next year for open space. Mr. Vegnani stated that he is not questioning the fiduciary responsibilities of the Trust. “It is simply a business decision. There are other purchases coming before the Town and we would hate to be short on any of those.” Mr. Agnew reminded that the $700,000 is the CPAC’s recommendation and is in the motion at Town Meeting. If the Selectmen want to change this, they would need to amend the motion on Town Meeting floor.
Mr. Trafton noted how little money has been put into affordable housing over the years across the State. “$1.4 million is not a lot of money for affordable housing and it is important for the Trust to get on its feet right away.”

Mr. Norton made a MOTION that the Board of Selectmen VOTE to SUPPORT Article 15 – Community Preservation Act, Item #14 – “Community Housing” for $700,000. SECONDED by Mr. Danehey. No discussion. Norton, Danehey, Murray and Harris voted in favor of the motion. Mr. Vegnani voted “no”. The motion carries. (4-1)

9. DISCUSSION/ VOTE/ Potential Bjorklund Land Donation/ Bates Lane Region/ West End

Mr. Murray asked that this agenda item be delayed two weeks because the Board only received the plans this evening. Mr. Agnew explained that the current Article accepts both pieces of property (Bjorklund and Hennessy). The Board decided that they would hear this item as well as vote it this evening. Mr. Agnew explained that Mr. Bjorklund has offered to donate this land for purposes of a municipal water tower to be built within a ten year time frame. If it is not built in ten years, the land will be returned to Mr. Bjorklund. Mr. Steve Bjorklund, 15 Capt. Daniel Litchfield Road, noted that if Town Meeting does not vote favorably on the Hennessy piece of land, then the Town still has this piece. “It is another reasonable option for the taxpayers.” Discussion continued on the Town’s need for water, a five to ten year time line in which to build a water tower and the fact that a special permit and abutter notification would be required prior to putting up a water tower. Mr. Bangert, Director of the Department of Public Works, does not see a “down side” to Mr. Bjorklund’s proposal – accepting free property. Abutters can always voice their dissent at future public sessions. Mr. Murray asked if wetlands exist on Bjorklund’s property? Mr. Bjorklund answered that the property was wetland flagged ten to fifteen years ago at the bottom of the hill. He asked what that had to do with the offer – are there conservation issues? Mr. Murray noted that Mr. Bjorklund is an associate member of the Conservation Commission. Mr. Bjorklund does not believe there is an active wetlands area on his property, or the Hennessy property. Mr. Murray believes it is clear that Mr. Bjorklund’s proposal has come forward due to the Hennessy property coming forward. Rather than confusing the issue, he

suggests that that the Bjorklund property go on a future Special Town Meeting. Ms. Susan Daileader, 5 Martha’s Lane, asked if the Bjorklund donation of land was for one type of use only? Mr. Bjorklund answered “yes, water tower only”. Ms. Kathy Donahue, 4 Cushing Landing, noted that the Hennessy’s had been approached by the Town in November 2008 regarding a piece of their property to be used as a potential site for a municipal water tower. “They have gone through every hoop and have acted in good faith. This Bjorklund proposal has been presented in a terrible way, has been handled poorly and just isn’t fair.”
Mr. Agnew stated that it is incumbent for him to bring every proposal forward to the Selectmen and then to the Town Meeting. “Let Town Meeting decide.” Mr. Perez, 18 Captain Daniel Litchfield Lane, stated that no one in the neighborhood wants a water tower there except for Mr. Bjorklund. There is no evidence that a water tower on the Bjorklund land would be more beneficial than on the Hennessy property. He urged the Selectmen not to rush to a decision on this matter. Mr. Duncan Routh, 46 Indian Wind Drive, asked the Chairman why this matter could not wait until the next Special Town Meeting? Mr. Bjorklund believes this should go in front of the voters at Town Meeting. Discussion continued on water looping for the future Hennessy development and Bates Lane as a statutory private way. Ms. Martha Morrill, 4 Indian Wind Drive, stated that the legal question regarding the “right of way” is critical to this matter. Ms. Daileader believes the land should not be specified for a water tower – why not a ball field, fire station, etc. Mr. Perez believes public issues are being decided by one individual. “A plan is already in place.” He reminded the Board that there may be sewage system easements to be considered. Mr. Bjorklund stated that there are no septic systems or easements on his property.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT as a gift, not to exceed $1,500, property described as “Plan of Lane in the Town of Scituate, Massachusetts Bates Lane” dated January 26, 2009, identified as Parcel 2, plan prepared by Ross Engineering Co., Inc. and consisting of 45,121 square feet on the Northerly side of Bates Lane. SECONDED by Mr. Harris. Discussion – Mr. Murray asked about the date of this plan. The date is correct, January 26, 2009 after the vote on the Hennessy property. No further discussion. Harris, Danehey and Norton voted in favor of the motion. Mr. Murray and Mr. Vegnani voted “no”. The motion carries. (3-2)

Mr. Norton made a MOTION that the Board of Selectmen VOTE to make these land items one Article for the Town Meeting. SECONDED by Mr. Danehey. Discussion –
Mr. Danehey stated that it should be one article. If it is split up, one could pass the other could fail. Susan Hennessy, one of the Hennessy property owners, asked for a reason to combine the two parcels under the same Article. Mr. Danehey stated that since both the parcels are slated for a municipal water tank – “I cannot see the Town saying ‘no’.” If they are presented as two Articles, the Town may take Bjorklund’s property and not yours. Ms. Mary Strachan, 77 Indian Wind Drive, asked if the article could be amended on Town Meeting floor? Yes. No further discussion. Unanimous vote. (5-0)

10. VOTE/ SEWER BETTERMENT DEFERRAL

Mr. Harris made a MOTION that the Board of Selectmen VOTE to GRANT a Sewer Betterment Deferral to applicant #09-01. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

11. ANNOUNCEMENT/ Stimulus Money/ Scituate Housing Authority

Mr. Vegnani announced that the Scituate Housing Authority received $70,255 in the first round of Federal Stimulus money.

12. PROCLAMATION/ Silver Star Families of America

Mr. Vegnani read the proclamation.

13. APPOINTMENTS / Affordable Housing Trust and Renewable Energy Committee

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to APPOINT Donald Salmon to the Renewable Energy Committee. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Vegnani made a MOTION that the Board of Selectmen VOTE to APPOINT Barbara Desmond Cox and Frank Snow to the Affordable Housing Trust. SECONDED by
Mr. Danehey. No discussion. Unanimous vote. (5-0)

Mr. Murray stated that Mr. Kalishes’ appointment to the Affordable Housing Trust will be considered at the next Selectmen’s meeting.

14. ASSIGNMENT OF ARTICLES/ Annual and Special Town Meeting/ April 13, 2009

The Selectmen chose specific Articles to represent at the Annual and Special Town Meetings on April 13, 2009.

15. UPDATE/ Town Administrator Search

The Town Administrator advertisement is still on the Massachusetts Municipal Association’s website and to date, forty-four applications have been received by the Selectmen’s office. The application and interview process was discussed.

A “break” was called from 9:28 to 9:35 PM.

15a. VOTE/ APPLICATION FOR MBTA ACCESS LICENSE

Mr. Bangert requested that the Selectmen direct the Town Administrator to apply for a license for a temporary access easement from the MBTA to renovate an old bus station located at the corner of Curtis and Captain Peirce Roads. The MBTA has completed their construction and it is time to build this park. This will be a six month license.

Mr. Norton made a MOTION that the Board of Selectmen AUTHORIZE the Town Administrator to apply for a license from the MBTA to allow clean-up and planting along the MBTA fence line at the corner of Curtis and Captain Peirce Roads. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

16. REPORT/ Director of Public Works

Mr. Bangert reported on new and refurbished water lines for Beaver Dam Road, the West End and the Harbor this summer. Sewer Inflow and Infiltration work is continuing. A free electronics and half price television day will be held at the Transfer Station on May 9th for sticker holders only. In mid June, a children’s toy and furniture swap will be held there, as well. The Highway Division had a busy winter in terms of snow and ice removal. Flannery Field is draining better due to some field improvements.

Mr. Danehey hopes that Kennedy’s Country Gardens will soon be allowed by the State to landscape and maintain the roundabout. He noted a job well done by Ed Kelley on the recent
St. Patrick’s Day Parade. Mr. Danehey stated that the Affordable Housing Trust met last week and will meet again before the end of March. The Planning Board will be hiring a consultant to carefully study the Town’s Zoning By-Laws. A Committee will also be put in place to facilitate this intensive review. This will be a separate Committee from the already seated By Law Review Commission.

Mr. Harris asked when Widow’s Walk would open? Mr. Agnew answered March 27th.

Mr. Norton thanked the Masons group for the trash pick up on Front Street last Saturday.

Mr. Vegnani noted that the High School basketball and hockey teams both made the district finals this year. He agreed that the Parade was very well run this year and he thanked Representative Cantwell and Senator Hedlund for attending and supporting the Town.

Mr. Murray noted a letter addressed to Water Supervisor Gene Babin in regard to the Scituate Marine Park.

18. MINUTES

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of February 17, 2009. SECONDED by Mr. Danehey. No discussion. Harris, Norton, Danehey and Vegnani voted in favor of the motion. Mr. Murray abstained. The motion carries. (4-0)

19. ADJOURNMENT

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 10:05 PM. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

________________________________
Richard W. Murray, Chairman

________________________________
John F. Danehey

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Shawn Harris

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Joseph P. Norton

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Anthony V. Vegnani

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant