November 15, 2005
Regular Session 7:10 PM
Mr. MacIver, Ms. Tully
Mr. MacIver called the meeting to order. Ms. Tully moved to adjourn to executive session for purpose of discussing a real estate transaction. The Board voted, by roll call vote, to adjourn to executive session for purpose of discussing a real estate transaction to return to open session at approximately 7:30 pm.
Ms. Tully - yes
Mr. MacIver - yes
The Board resumed open session at 7:35 pm.
Mr. MacIver, Ms. Tully, Mr. Edmundson
Voted - to accept the minutes of October 4, 18 and November 2, 2005.
Mr. DiCarli requested the Board approve Mr. Kane's request to pledge the Restaurant Common Victualler All Alcoholic Beverages Licenses of Stars, Caffe Tosca and Tosca to Hingham Institution for Savings for the purpose of a blanket commercial loan subject to the approval of ABCC.
Voted- to approve the request of Edward Kane to pledge the following Restaurant Common Victualler All Alcoholic Beverages Licenses to Hingham Institute for Savings, subject to the approval of the ABCC:
Eat Well, Inc. d/b/a Tosca, 14 North Street
Eat Well, Inc. d/b/a Caffe Tosca, 15 North Street
Kay's Harbor Corp. d/b/a Stars on Hingham Harbor
Public Hearing - Tax Classification Hearing
Mr. Partridge reviewed the recent trends in commercial and residential property values. He noted that the commercial property taxes have remained level and in some cases dropped slightly. The residential growth has been strong. If the Board chose to have two rates, and increased the split to the maximum allowable commercial rate, the reduction in average real estate tax would be a $440. Mr. Hall said that the percentage of commercial property needs to be 40% or greater in order to make a split rate worthwhile.
Voted - that the Town of Hingham continue to tax all classes of property at the same rate.
Hingham Development and Industrial Commission Update
Mr. Rabuffo advised that the Verizon Foundation will make a donation within the next few days to the Community Center in the amount of up to $10,000 for development of marketing materials to promote the downtown. The HDIC and the Town have applied for a Technical Assistance Grant for a study of Downtown to identify marketing voids that could be opportunities for the Town. Representative Bradley advised the HDIC that money for Downtown survived the budget process in the House and is on the way to the Senate. Representative Bradley will also follow up on the PWED application. Mr. Rabuffo explained that the Commission had discussed various options for improvement of the Downtown. They found that places like the Derby Shoppes have a management structure that markets the shops, maintains the environment and find tenants for space.
The HDIC recommends the Downtown be considered for a Business Improvement District. Key aspects of this include a specific geographic area; that it is funded by voluntary fee imposed by businesses on themselves; fees can be based on square footage or assessed values; the fee may be capped at a certain level; the area could include all property owners or the town can decide to limit certain groups such as residences; and a Business Improvement District can do things such as management services and maintenance. Since its is voluntary a BID builds on consensus. Sixty percent of the property owners must participate - 90% is best. There is a Board of Governors which is independent of the town and the BID can dissolve itself within 60 days by public notice and a vote of the governing body that authorized it. A Business Improvement District is formed by a vote of Board of Selectmen and administered by a Board of Governor chosen by the property owners. The building of consensus is important and that is what takes the most time.
Police Chief's Contract
The proposed contract with the Police Chief is for a three year term and reflects the same increases granted to other town employees. The chief will get an additional $3,000 stipend to cover administrative direction of the Animal Control and the Harbormaster departments. There is also a provision for five days compensatory time annually may be converted to compensation.
Voted - to sign an employment agreement with the Police Chief.
Voted - to close the Town Hall on the Friday immediately following Thanksgiving, (November 25, 2005).
Voted - to appoint Eileen McCracken the municipal hearing officer for citations issued for violations of the State Fire or Building Code.
Voted - to appoint the following residents to the Education/Scholarship Fund Committee:
Dorothy Galo, Superintendent of Schools
Jennifer Henriksen
Patricia Tomecek
Jean Curtis Loud
Judith Rielly
Voted - to appoint the following residents to the Taxation Aid Committee:
Jean Montgomery, Treasurer/Collector
Greg Hall, Chairman, Board of Assessors
John Pollick
Carolyn Kelliher
Ingrid Eikinas
Congregation Sha'Aray Shalom is planning an event-filled weekend to celebrate their 25th anniversary.
Voted- to grant the Congregation Sha'Aray Shalom, Main Street, a one day liquor license, for a 25th anniversary celebration on December 3, 2005 from 6 to 10 PM.
Review the Selectmen's Goals
The Board reviewed progress to date on the goals sent last spring.
Strengthen Building Permit/ZBA Application Enforcement process Mr. Edmundson and Mr. Cristello have been working on this and have made some good headway. The suggestion is now to collect some data in order to have some objective measurements.
Mr. MacIver said the appointment of Kate Richardsson as a Systems Analyst would speed the implementation of software for building permit tracking process currently being tested at the Board of Health.
Selectmen's Communication Plan Ms. Tully reported that the new website is up and running and there is a list serve in order to get notifications of town events. The tax bill mailing at the end of December will contain a newsletter from the Selectmen. There is a good variety of information.
Beal St. Precinct Plan Mr. MacIver explained that this concept was created to address increasing development pressures the neighborhood is experiencing. There are approximately 140 housing units along Beal Street that are in the process of design or approval. This will have an impact on the neighborhood. It is presently a ragged entry into town. The possibility of rolling the projects into a 40R was discussed but the hurdle is too high. The Town needs to find alternative funding resources for professional design expertise and for the traffic study for all of Beal Street.
Land Transfers near Bare Cove Park - The transfer of state highway parcel (15 acres) is underway. Fisheries and Wildlife is not as anxious to give up the parcel but talks have been constructive and the Board will continue on the hope that there will be some improvements on that parcel as well.
Downtown Plan Implementation This is proceeding as was discussed during the Development and Industrial Commission presentation.
Hingham and South Shore Public Transit Planning Mr. Kidston and Mr. Colket have been discussing a transit system within Hingham itself and with other towns in the region to reduce traffic to the commuter boat. Mr. Kidston has contacted the planning staff of MPO and created maps with traffic analysis zones, regional bus system and ways to petition MBTA to change routes in recognition of increased traffic centered around Greenbush and Shipyard. A freestanding Hingham transit system is more of a financial issue. Some services already exist such as senior shuttle system and the Erickson plan.
Organizational Review of Volunteer Committees in Hingham The plan is to segregate those committees organized by state or federal law and then look at the remaining committees and try to organize them into logical groupings. The Green RFP Committee felt that there should be a permanent building committee. This has worked well in some towns and not as well in other towns. It is difficult for building committees to get up and running because there is such a learning curve.
Project Turnabout This project will be addressed this evening.
DPW and Ball Fields This project continues the permitting process through the Conservation Commission, etc.
Memorial Plan and Naming Policy There has been a request from a family in town that seems to be a reasonable request but everything should be dealt with in the context of the policy. CPC may have an application in front of them regarding plaques and naming of various historical things in town.
Hastings LLC Development Agreement
Mr. MacIver recapped the progress to date on the Project Turnabout/Hastings LLC Development Agreement. Mr. Toomey explained that under the terms of the Development Agreement Hastings LLC was required to investigate contamination issues on the property. The Selectmen informed Mr. Hastings that the Town would not be cleaning up the contamination at a cost of $100,000-200,000 and it was up to the developer whether to continue or let the matter die. The issue of drainage from the development going into the dagger area was reviewed. No drainage structures would be located in the dagger area and Hastings LLC would be responsible to maintain in a manner consistent with park purposes. The Bare Cove Park Committee voted to support this and Mr. Hastings also agreed to certain ancillary work for the BCP. As plans came into detail there were sports constituencies who had a variety of concerns and ideas. As a result of the back and forth the Board persuaded Hastings LLC to increase the contribution to the ball fields for a minimum of $50,000 and an enhanced field house based on the ability of the sports groups to come up with additional contributions. The proposed amendment contains a provision to extend the deadline until December 31. Mr. MacIver reviewed the process he went through in thinking about the project.
1. Does this project as exists now conform to what town meeting approved last May? Mr. MacIver said that the changes do not represent a significant material departure from what was approved. There details that are significant departures from what was approved but the Board can approve these changes relying on executive prerogative. One of the primary functions of the Board of Selectmen is to act in between the times when the legislative body (town meeting) can act.
2. What about an additional drainage feature in the dagger property? Mr. MacIver explained that he believes this to be very benign and it will result in a state that is superior to what currently exists. The drainage does not include any physical structures such as riprap or underground drainage pipes. The Bare Cove Park Committee is of the opinion that the proposed dagger parcel is far superior that what exists now. There are hazards that are contingent liabilities. If the Town wishes to use the fields to the highest and best use these should be mitigated. The benefits to Town include irrigation, lights, field house and five affordable housing units. The benefits to Hastings include an increase in the building footprint and drainage. The Board of Selectmen cannot guarantee permits so the Development Agreement wiggle clause would be extended to December 31.
Mr. Edmundson said the benefit to the LLC is the drainage on dagger and ability to have a larger first floor footprint. The benefits to Town are that the LLC assumes responsibility for environmental damage, clean up of sewerage and debris and building of the field house.
There is a contingency that if permits are not granted the developer can back out. If further environmental is found on land transferring to Mr. Hastings, he will remediate. If there should there be more environmental issues found on the ball fields it would be a topic for further discussion. Occupancy permits cannot be granted until field work is complete or money has been secured to complete clean up.
Ms. Tully said she is in full support of the third amendment and agrees that the Board is within both the letter and the spirit of the town meeting vote. The vote authorizes the Board of Selectmen to negotiate. The Town came in thinking it was getting $2,000,000 in fields. We are getting fields, clean up of contamination, a better field house and a better dagger with removal of the sewer problems. The Town has done nothing but win.
Ms. Cummings expressed concern that this was rushed through. Mr. Toomey had advised the Board that it had the authority to agree to these negotiations. Ms. Tully said that the benefits to the Town are commensurate with what the developer gets. Mr. MacIver thanked everyone who has tried to help us in the process - Planning and Advisory had the opportunity to join us and give the meeting and give their advice, they chose not to. Mr. Cristello reported that the Advisory Committee had just voted to recommend going forward with this amendment to the Development Agreement.
Voted - to sign the third amendment to the Development Agreement between the Town of Hingham and Thomas Hastings Co., LLC.
Voted - to agree to an extension of the decision deadline to January 1, 2006 for Variances from §III-A and §IV-E.1.f of the Hingham Zoning By-laws for the property at 224 Beal Street.
There has been an ongoing problem with the fence at Whitney Wharf. It has deteriorated very rapidly and the Harbor Development Committee has asked for help
Voted - to send a letter to D & D Construction in concert with Vine Associates to insure completion of the Whitney Wharf fence replacement including posts, if necessary.
Meeting adjourned 10:00 PM.
Betty Foley, Clerk