February 21, 2006
Regular Session 7:36 pm
Mr. MacIver, Ms. Tully
Borrowing for Comprehensive Wastewater Management Plan
Ms. Montgomery explained that the borrowing was related to a town meeting action taken in April 2004. Mr. MacIver noted that the Board is used to borrowing for purpose of the sewer. The MWAT borrows just once a year in the fall and this borrowing is part of that. The actual bond will be borrowed in December of 2006. The town is allowed to borrow state revolving fund money at an interim loan rate until such time as the MWAT borrows next December. The committee expects to spend approximately $140,000. Ms. Montgomery explained that the vote this evening is for the interim note as well as the December borrowing. The Comprehensive Wastewater Management Committee expects to be done by June 2007. Mr. MacIver noted that this would be a major blueprint for development for years to come.
Voted - (1) That the Town shall issue bonds for financing a wastewater management plan, including costs incidental and related thereto (the "Project"), in the principal amount not to exceed $400,000 (the "Bonds"), authorized under and pursuant to Chapter 44, Section 7(1) and Chapter 29C of the Massachusetts General Laws, as amended and supplemented, and by a vote of the Town, duly adopted, all as more particularly described herein.
(2) The Bonds shall be dated as of their date of issuance and issued initially as registered Bonds, shall mature in annual installments and bear interest on such day(s) in each year as may be approved by the Treasurer and the Board of Selectmen in accordance with Schedule C appended to the Loan Agreement between the Town and the Massachusetts Water Pollution Abatement Trust (the "Trust") hereinafter described (the "Loan Agreement"), such approval to be evidenced by their execution of the Bonds. The Bonds are substantially in the form set forth as Exhibit B to the Loan Agreement and otherwise shall be issued in such manner and forms as the signatories shall approve by their execution thereof.
(3) That the forms, execution and delivery of the Project Regulatory Agreement (PRA No. CW-05-13) between the Town and the Department of Environmental Protection of The Commonwealth of Massachusetts dated October 1, 2005 and the Loan Agreement (Loan No. CW-05-13) dated as of October 19, 2005 both as executed in the name and on behalf of the Town by the Town's Treasurer or any other appropriate official of the Town, in order to evidence the sale of the Bonds, are hereby approved, ratified and confirmed in all respects, with any changes therein not inconsistent with this vote as may be approved by the Treasurer or any other appropriate official of the Town.
(4) That prior to the aforesaid sale of the Bonds to the Trust, in accordance with the terms of the Loan Agreement, the Town may issue its Interim Loan Note (the "Note") in anticipation of the issuance of said Bonds; that such Note shall be sold to the Trust at the price of par, plus accrued interest to its date of delivery, if any, and shall mature at such time or times and bear interest at such rate or rates as may be approved by the Treasurer and a majority of the Board in accordance with the terms of the Loan Agreement, such approval to be evidenced by their execution of such Note and such other related documents as bond counsel to the Town or officials of the Trust shall require in connection therewith.
(5) That this Note issue shall consist of a $400,000 Interim Loan Note (Sewer Bonds) being all of the $400,000 Sewer Bonds authorized under Chapter 44, Section 7(1) and Chapter 29C of the Massachusetts General Laws, as amended and supplemented and by a vote of the Town duly adopted under Article 23 of the Warrant at the 2004 Annual Town Meeting.
(6) That all things heretofore done and all action heretofore taken by the Town and its officers and agents in its authorization of the Project and its financing are hereby ratified, approved and confirmed.
(7) That the Town Clerk and the signers of the Bonds and this Note are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including delivering the Bonds against payment therefor."
Mr. MacIver explained that Mr. Thomas F. Patch and others had requested an article to amend the Community Preservation Act surcharge from 1.5% to .25%. Mr. Patch was not present, nor was anyone else present to present the article. The Board did not take the matter under consideration but will discuss it at the next meeting.
Mr. Cristello explained that at the time Maryknoll Drive and Brandon Woods Circle were accepted as public ways Verizon had placed conduits and manholes in the roadway with the permission of the developer. Since these are now town streets it is necessary to give Verizon permission to maintain these conduits and manholes.
Voted - to grant Verizon New England Inc. permission to maintain underground
conduits and manholes, with the wires and cables placed therein, under the surface of Maryknoll Drive and Brandon Woods Circle. These conduits and manholes were being maintained in and under such private ways at the time of acceptance as a public ways at the 2005 Annual Town Meeting.
The budget number for the contributory retirement did not include an amount for military service credit so the amount allocated must be increased by $1,446.
Voted - to revise the FY2007 contributory retirement budget to $2,652,802.
Voted - to open the warrant for the 2006 Annual Town Meeting and add the following articles:
Special legislation establishing a Shipyard Improvement District
Special legislation exempting the position of Deputy Police Chief from the provisions of Civil Service Laws and Rules
And to remove the zoning article regarding the 100 foot setback in the Official and Open Space District because more research is needed due to the very varied properties.
Voted - to close the warrant for the 2006 Annual Town Meeting.
Community Preservation Committee Warrant Articles
Ms. Talmage explained that the Community Preservation Committee has been working extremely hard this year and has gotten through quite a bit of the work. There are 5 or 6 recommendations ready this evening and the remainder of the recommendations will be made next week. Presently there is about $2.4 million in Community Preservation Fund. There will be recommendations for about $2 million this year. Projects come through applications and those cultivated by committee members. The first project is for weed removal at Cushing Pond. Because it is no longer used for milling, the level does not fluctuate and weeds have begun to grow. A non-profit group asked that the Community Preservation Committee contribute $50,000 toward treatment of these weeds and the group would commit to raise the remainder of necessary funds. The non-profit will be the continuing steward to make sure that the weeds are controlled. This is the seed money to get things going and the non-profit will keep it up.
Restoration of Bare Cove Park is the second project under consideration. There are significant problems as far as the remains of leftover buildings and foundations. The Bare Cove Park Committee has proposed enhancing the natural landscape resources, removal of building remains and improvements to the entrance of the park. A master landscape plan is a part of the grant. The initial request was reduced so that the plan could be done prior to full implementation.
Ms. Talmage said the design of the Whitney Wharf Bridge has been quite challenging. Last year there was a proposal for more of a boardwalk than a bridge that would have required an easement from one of the landowners. Instead of focusing on this trouble spot, the committee felt that it would be better to step back and take a look at the entire harbor area and do a master plan for the waterfront. Ms. Tully remarked that the bridge, as voted in the recommendation, was from town pier to Whitney Wharf. Ms. Tully said she felt it necessary to go back to the town meeting and say that this did not work and suggest what we think will work. Ms. Talmage said that, in part, the harbor plan will deal with this troublesome spot but it will also deal with the harbor area as a whole and the link to the downtown. The town is looking at the redesign of North Street/3A intersection and making it more pedestrian friendly.
Mr. MacIver noted that in a recent letter responding to the Historic Commission's request that the Board have a specific historic preservation goal. The CPC has received a request for athletic fields that evolved from last year's project request and which everyone thought had the potential of being problematic. The thought was that it might make sense to carve off a portion of that for design etc. The recommendation might be to hold the funding on that and to continue with the plan as done last year. The GAR Hall project needs a small amount to finish off the punch list. A chain link fence that was put up in the 1940s to replace a wrought iron fence surrounds Hingham Centre Cemetery Corporation, which is a private cemetery. The suggestion is to replace only those sections visible from the public way. Many of the gravestones have been damaged from water penetration, acid rain, etc. A project request has been received for an assessment of the stones and the repair or restoration of the most damaged 10% of these stones. There is no current catalog of the stones in the cemetery. This assessment is more a conditions assessment rather than a genealogical assessment. The Downtown Hingham streetscape project has been guided by the master plan that was funded by the Community Preservation Committee. The detailed design plans from the Post Office to Route 3A will be included.
The remaining projects are deal with community housing and open space. The committee has been concerned that the affordable housing component was not coming together. Presently the committee is considering two programs: a loan program for basic structural issues, safety and stabilization, energy efficiency and handicapped accessibility improvements. These improvements would be financed by loans to low income elderly and secured by a mortgage on the property that would be repaid with interest to the Community Preservation Fund upon sale of the property. The other program being considered is a program that the City of Newton developed through its Community Preservation Committee. The program is designed to help income-eligible people with a Hingham connection and to allow them to buy in town with the aid of up to $100,000 for down payment. In return, the Town acquires a permanent affordability restriction on the property. This program would create permanent affordable housing. The resale would be limited to the affordable property limits. This program matches the interest in acquiring home and the need for gap financing while keeping existing housing stock intact. Mr. MacIver noted that there might be lending institutions that have something that could be packaged with this.
Ms. Tully, in response to an audience comment, said the board can not enact a moratorium on building because that takes away peoples' development rights, etc. In order to enact such a moratorium the Town would have to declare the unsolvable issues and estimate how long it will take to address these issues.
The Board discussed the warrant article that would authorize the sale and rezoning of the landlocked parcel on North Street that abuts the Hersey House property.
Voted - to support the warrant article authorizing the sale of the parcel formerly shown as Key 144 on Assessors' Map 60 for purpose of redevelopment of a barn and to amend the zoning by including the parcel in Residence District A.
The warrant article for the School Department unpaid bill is for an insurance recovery that was in excess of $20,000 and therefore cannot be appropriated without town meeting approval.
Voted - to support the article authorizing appropriation of funds for a School Department bill from a prior fiscal year.
A legislators' update was listed on the agenda but apparently the Senator and Representative were held up.
Mr. Cristello attended the MPO meeting last week regarding the TIP for 2007 and successfully argued to have the town kept on the TIP.
Meeting adjourned 9:20 pm.
Betty Foley, Clerk