Board of Selectmen - Minutes

September 18, 2007

Regular Session 6:31 pm

Ms. Tully, Mr. Riley, Ms. Burns

The board voted by roll call vote to adjourn to executive session for purpose of discussing personnel negotiations and a real estate matter. The Board announced it would return to open session at approximately 7:30 pm.

Mr. Riley - yes

Ms. Burns - yes

Ms. Tully - yes

The Board resumed open session at 7:30 pm.

Mr. Keyes spoke about the condition of the market sign in front of the library that was a gift from the residents of Hingham England. Mr. Cristello said that some years ago the Town had commissioned Mr. Whorf to rehabilitate the sign by removing rot and repainting. The sign now needs more work and there has been discussion about how to fund the repair. Quotes are being solicited for the work.

Public Hearing - Transfer of Retail All Alcoholic Beverages Package Goods License

Mr. Tiffin, attorneys for the applicants, explained that there had been some confusion over the sign for the business. Ms. Gatnik is the owner and operator of 2G Inc., dba Tutto Italiano she would like to sell the business and transfer the liquor license to G & B Inc., d/b/a Euro Mart, Bechara Simon Bellar, Manager. Mr. Bellan said that he has no retail experience or experience with the sale of alcohol. When asked Mr. Bellan said he is quite willing to take a training course on the sale of alcoholic beverages. No one spoke against the application.

Voted - to approve the transfer of the Retail All Alcoholic Beverages Package Store License from 2 G Inc. d/b/a Tutto Italiano, Laurie J. Gatnik, Manager to G&B Inc. d/b/a Euro Mart, Bechara Simon Bellan, Manager, 26 Whiting Street and also the pledge of the license, inventory and corporate stock to 2G Inc., subject to the approval of the Alcoholic Beverages Control Commission.

Sale of Bonds

Ms. Montgomery explained that the bonds were advertised and a preliminary official statement issued. A final statement followed this. The response to the bond offering was very strong - eight bids were received. The bid opening was at Capital Market Advisors and the award was made to Fidelity Capital. The bonds are a consolidated issue to cover the following projects: the Weir River Sewer Project, the South Shore Country Club irrigation system and the Central Fire Station. The strategy was to borrow short-term and then to roll the projects into long-term bonds. Ms. Montgomery said the vote prepared by bond counsel approves the sale, accepts the bid of Fidelity Capital Markets and authorizes the treasurer to deliver the bonds. The members of the Board each received the materials in advance and reviewed the proposed vote.

Voted - that the Board approve all action taken by the town treasurer by regarding the sale of the bids and those activities are hereby approved as written in the vote list (text follows):

That all action taken by the Town Treasurer in advertising for public sale of the $6,514,750 General Obligation Municipal Purpose Loan of 2007 Bonds (the "Bonds") of the Town authorized under Chapter 44, Sections 7 and 16 of the Massachusetts General Laws, as amended and supplemented, and by duly adopted votes of the Town as further described in Exhibit A attached hereto, which by reference thereto is hereby incorporated in and made a part of the minutes of this meeting and this vote, and, in that connection, preparing and distributing a Preliminary Official Statement dated August 31, 2007 and a final Official Statement dated September 13, 2007, be and hereby is ratified, confirmed, approved and adopted;

That the Bonds shall be dated as of September 15, 2007, payable on September 15 in each of the years as follows: $364,750 in 2008, $365,000 in 2009 and 2010, $370,000 in 2011, $375,000 in 2012, $390,000 in 2013 $395,000 in 2014, $405,000 in 2015, $415,000 in 2016, $420,000 in 2017, $435,000 in 2018, $265,000 in 2019 and 2020, $270,000 in 2021, $275,000 in 2022, $280,000 in 2023, $285,000 in 2024 and 2025 and $290,000 2026;

That the Bonds shall be in the denomination of $5,000 or any authorized integral multiple thereof, except for one denomination of $4,750 in the first maturity, and shall be numbered consecutively; and subject to the provisions of this vote, the Bonds shall be in such form as the Treasurer and a majority of the Board of Selectmen shall determine or approve by their execution of the Bonds;

That the Bonds shall mature in such amounts as more fully described below;

That the Bonds are a consolidated issue of the bonds described in Exhibit A and shall mature as described in Exhibit B attached hereto which by reference thereto is hereby incorporated in and made a part of the minutes of this meeting and this vote;

That the Bonds maturing on or before September 15, 2017, shall not be subject to redemption prior to maturity;

That the Bonds maturing on and after September 15, 2018 shall be subject to redemption prior to maturity, at the option of the Town, on any date on or after September 15, 2017, either in whole or in part and by lot within a maturity in such amounts and in such order of maturity as the Town may determine, at par together with interest accrued and unpaid to the redemption;

That the Bonds shall originally be issued by means of a book-entry system evidencing ownership and transfer of the Bonds; and in the event of failure or termination of the book-entry system, U.S. Bank National Association, Boston, Massachusetts, or any duly appointed successor thereto, shall issue replacement bonds in the form of fully registered certificates and shall act as Bond Registrar, Transfer Agent and Paying Agent, therefor;

That the Bonds maturing in each respective year shall bear interest payable on March 15 and September 15 in each year, commencing September 15, 2008, at the respective rates per annum as follows:

Year	Principal Amount	Interest Rate	Year	Principal Amount	Interest Rate

2008	$364,750	4.00%	2018	$435,000	4.00%
2009	365,000	4.00	2018	435,000	4.00
2010	365,000	4.00	2019	265,000	4.00
2011	370,000	4.00	2020	265,000	4.00
2012	375,000	4.00	2021	270,000	4.00
2013	390,000	4.00	2022	275,000	4.00
2014	395,000	4.00	2023	280,000	4.00
2015	405,000	4.00	2024	285,000	4.00
2016	415,000	4.00	2025	285,000	4.00
2017	420,000	4.00	2026	290,000	4.00

That the sale of the Bonds to Fidelity Capital Markets Services at a price of $6,593,861.50 and interest accrued to date of delivery, if any, resulting in a net interest cost rate of 3.8705313% and a true interest cost rate of 3.8316498%, being the best bid received be and it hereby is accepted, and the Town Treasurer be and hereby is authorized to deliver the Bonds to the aforesaid purchaser or order against payment therefor;

That the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel and as generally as described in the Official Statement relating to the Bonds and to incorporate by reference thereto in each Bond the form of such undertaking and the obligation of the Town contained in such undertaking is hereby approved and confirmed; and

That the Bonds to be issued pursuant to this vote may be secured by insurance or by letter or lines of credit or other credit facilities in accordance with the provisions of Chapter 44, Section 22C, of the General Laws, as the Town Treasurer shall determine, and the Board of Selectmen, the Town Treasurer and the Town Clerk be and hereby are, and each of them severally is, authorized to contract for and purchase, if necessary, any policy of municipal bond insurance with respect to the Bonds, and each such officer may take all such action, and execute and deliver such certificates, receipts, or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote."

Financial Report

Mr. Alexiades reported that revenues were strong during fiscal 2007. The one down note was motor vehicle excise, which was a little below estimates but still ahead of the previous year. Ambulance receivables were strong; building permits dropped significantly but this was expected; miscellaneous income was up significantly because of a Greenbush payment to the Sewer Department; interest was up significantly due to the treasurer; as was investment income. For budget purposes the Town has used $450,000 as an investment income figure because that is what the Town would earn in the worst-case scenario. The year ended with a budget surplus of $862,000. That, in addition to the fund balance reserve which was raised to $3 million and surplus revenues, will result in significant free cash.

Farmers' Market Signs

Mr. Cullings had requested the Board's permission to erect temporary signs advertising the Farmers' Market at the September 4 meeting.

Voted - to grant the Farmer's Market request for 3 temporary signs, seasonal signs - one near the clock downtown, one in Hingham Center and one at the Bathing Beach subject to the approval of the Trustees of the Bathing Beach. It is understood that the signs will be erected each Friday evening and removed each Saturday evening. The request is granted in recognition of the nature of the Hingham Farmer's Market as a variety of street fair or community festival which brings value to the community by bringing residents together and encouraging consumption of local commodities.

Proposed Roadway in School Depot Tract

Ms. Burns said that the Affordable Housing Trust is carrying on the work of the Housing Partnership. The Trust is working on the development agreement between the developer of the Selectmen's parcel and the town. This parcel is contiguous to the Housing Authority property. There has been discussion around whether the roadway through the development should be potentially acceptable as a town road or should it be a private road. Sixty percent of the units will be income restricted. Plowing and maintenance costs of the roadway would adversely affect those in an income-restricted unit. For this property the Board would like it to be potentially acceptable by the Town. The subdivision standards of the Town result in a fairly wide road. For a residential area the subdivision width might be too wide. Mr. O'Brien asked if it would be acceptable to have the roadway constructed up to standard with regard to the base, etc. but keep it narrower with a mountable sidewalk.

The Adams Court development has an easement over the roadway through Bare Cove Park. If the proposed roadway were to connect from Beal Street and Adams Court road was turned slightly to allow access to the road through the Selectmen's parcel, the current roadway through the park could be closed off to vehicular traffic but allow foot and bicycle traffic for those going to the train. Mr. Riley said he was in favor of a gate cutting down on vehicular traffic to Fort Hill Street. He also said he was in favor of reducing the width of the road through the Selectmen's parcel but would keep town specifications in place with the mountable sidewalk

There is a road or pathway from the Selectmen's parcel to the Housing Authority property currently in place that is left over from the Depot days. Ms. Connolly said that at a recent community meeting there was discussion about creating a parallel road to Beal Street. Mr. O'Brien noted that the projects are designed to be small and the roads kept as neighborhood roads. He felt that ff the gate to the Park is something that the Board is in favor of this should be communicated to the developer. Ms. Burns said she would like the Planning Board to weigh in on this. Mr. Cristello noted that when the DPW was permitted the immediate abutters were very concerned about the impacts of the DPW project and the commitment was made to put all the heavy traffic around back. Ms. Tully and Mr. Riley both favored the gate. This is an opportunity to redesign the access/egress from Adams Court. Ms. Mizrahi, the project manager from Affirmative Investments, expressed concern about the impact of reworking the Adams Court intersection with the development roadway. Ms. Tully said she was in favor of a public roadway through the development.

Traffic Regulations for Route 228

Mr. Cristello advised that the reconstruction of Route 228 requires that all the traffic regulations be up to date. Many of the proposed regulations are actually in place but the Board must vote in order to make these official.

Voted - To amend the Traffic Rules and Orders of the Town of Hingham, adopted by the Board of Selectmen on May 31, 1939, and subsequent amendments thereto as follows:

TRAFFIC RULES AND ORDERS

TOWN OF HINGHAM

We, the undersigned Board of Selectmen of the Town of Hingham, hereby certify that at a meeting of the Board of Selectmen held June 24, 2003, the following vote was unanimously adopted:

Voted - The Traffic Rules and Orders of the Town of Hingham, adopted by the Selectmen May 31, 1939, and subsequent amendments thereto, are hereby amended as follows:

ARTICLE VIII

STOP SIGNS - ALL STOPPED AT MAIN ST. ROUTE 228

Queen Anne Lane - Westbound Polk Road - Westbound

Rosemary Lane - Eastbound Blaisdell Road - Eastbound

Julian Way - Westbound Ritter Road - Westbound

Liberty Road - Westbound Loring Hill Road-Westbound

KEEP RIGHT

Friend Street Eastbound at Main Street (Route 228) Southbound

Scotland Street Eastbound at Main Street (Route 228) Northbound

Scotland Street Westbound at Main Street (Route 228) Northbound

Westmoreland Road Eastbound at Main Street (Route 228) Southbound

Westmoreland Road Westbound at Main Street (Route 228) Southbound

Cushing Street Eastbound at Main Street (Route 228) Southbound

Cushing Street Westbound at Main Street (Route 228) Southbound

DO NOT ENTER

Scotland Street Eastbound at Main Street (Route 228) Northbound

Scotland Street Westbound at Main Street (Route 228) Northbound)

ARTICLE V. SECTION 2 - NO PARKING ANYTIME

Westside at #801 Main Street (280'6 north of Loring Hill Road)

NO PARKING BETWEEN SIGNS

Westside at South Elementary School (200'6' north of Loring Hill Road)

Greenbush Historic Preservation Fund

A letter is being sent to the MBTA regarding its commitment to make a payment to the Hingham Greenbush Historic Preservation Fund in the total amount of $1,350,000. This letter is being sent to remind Mr. Grabauskas of the agreement.

Voted - to send a letter to Daniel Grabauskas, General Manager of the MBTA concerning the Hingham Greenbush Historic Preservation Fund.

Voted - to waive the annual inspection fee for the South Shore Country Club.

Voted - to grant request for Counsel as submitted by the Building Commissioner.

Voted - to grant request for Counsel as submitted by the Department of Public Works.

Voted - to grant Maureen Kiely a temporary liquor license for a charity fundraiser to be held on September 21, 2007, at the Country Club.

Voted - to grant a Common Victualler License to Peter Apessos d/b/a West End Fish Market, 236 North Street, subject to the approval of the Board of Health.

Voted - To appoint Suzanne Buchanan to the 375th Anniversary Committee.

Underground Utilities -Selectmen's Goal

Mr. Riley said there had been discussion of the removal of overhead wiring between Settles Glass and the harbor area. There are presently five poles with a series of wires belonging to the Hingham Light Plant, Verizon and Comcast. The objective of the Task force is to determine the feasibility of removing poles, cost funding options, getting interested parties to communicate plans and to establish at tracking of system to gauge progress. The focus would be on the downtown area.

Voted - to appoint the following members to the Task Force on Underground Utilities:

Bruce Rabuffo

Sandra Peavey

Sue Sullivan

Ben Wilcox

John Tzimorangas

John Riley

Selectmen/Town Administrator's Reports

Ms. Burns suggested that there be an annual event welcoming residents of Linden Ponds to Town Meeting. The Board is anxious to get residents involved in civic life of the town. New residents packets will be given to Linden Ponds for them to distribute. Ms. Burns reported that she spoke to the Women's Forum at the Senior Center last Monday. Elder Services celebrated receiving accreditation by the NICS. Very few centers have been certified. This allows an opportunity to get feedback on how the Senior Center could improve as well as making them a part of a very impressive group. Ms. Tully advised that the School Building Committee met with the School Building Authority regarding the proposed school project. Mr. Cristello commented that there was a good turnout for the recent Beal Street corridor meeting with Jeff Dirk. Some ideas were received from residents. The recommendation is to implement the contemplated improvements and see how things progress before doing any additional improvements. The memo seeking nominations for the Employee Awards will be going out at the end of the week. These awards are for staff only, not department heads. The deadline for nominations is October 30.

Meeting adjourned 10:40 pm.

Betty Foley, Clerk