Back to Board of Selectmen Meeting Minutes 2008
April 15, 2008
Regular Session 7:50 pm
Ms. Tully , Mr. Riley, Ms. Burns
Mr. Falvey asked the Board about the ambulance billing and the Town’s practice of billing citizens of the town. Mr. Alexiades said the Town does not balance bill the residents for ambulance rides. The Town does, however, bill residents for the deductible that the insurance companies will not pay. Mr. Alexiades explained that Medicare has long governed the amount paid for ambulance rates. The insurance companies feed off the Medicare rate. Mr. Falvey asked who authorized the billing of Hingham residents. He told the Board that he felt this was a disgrace and a disservice to the residents. The Board said they would look at the policy.
Community Preservation Committee
Mr. Reardon said that the CPC had been exploring the possible purchase of land and a structure on Mobil Street. The Committee has been dealing with the current leaseholders who have a right of first refusal on the property. If the Town were to proceed down that path it would be subject to the terms that Mobil had been offering. There is some particularly troublesome language in those terms that indicates the property could not be used for recreational purpose. Mobil was insisting that there would be a deed restriction that would not allow recreation use. That was not a contingency the Town could accept and the option holders were informed that the Town could not agree to that. As of last Thursday at the CPC meeting the contingency had not been resolved. The appraisal price has been received. Mr. Reardon said the Committee went on to consider an alternative mechanism of acquiring the property by eminent domain which could eliminate the restriction. The Committee is also mindful that under eminent domain there is an opportunity for investigation and determination of an environmental concern. The CPC voted last week in open session to recommend that the Town authorize and empower (but not instruct) the Board of Selectmen to do everything necessary and desirable to purchase this property.
Mr Giarrusso, representing the Salamehs, explained that Exxon Mobil has embarked on a plan to sell a number of service stations and the Salamehs were provided a right to purchase the property. . They have exercised that option. Mr. Giarrusso said that as a Hingham resident he felt that this was a prime piece of property for the Town to acquire. The franchisee’s deal with Exxon allows for the assignment of the right to purchase the property. Mr. Giarrusso said there is one word in the contract that is potentially problematic that is that it can not be used as a playground/recreational area. He had attempted to have Exxon define that language and has proposed that the Town negotiate directly with Exxon and attempt to have them change this condition.
Mr. Giarrusso said that in taking the property by eminent domain the Town would be asking for permission to carve his clients out of the deal completely and they will get nothing. He also noted that, even if this property is taken by eminent domain, there will be a use restriction. He asked what makes this property so special to meet the public purpose to take this property by eminent domain. Mr. Giarrusso advised that there was an agreement negotiated in good faith and then a last minute change of direction to move toward eminent domain. Mr. Toomey noted that the draft agreements that had been exchanged excluded the contingency. Mr. Giarrusso noted that although there are no deed restrictions in an eminent domain taking, there will be activities and use limitations.
Ms. Murphy said she viewed eminent domain as an absolute last resort. She looked at the Exxon agreement and commented that it is easier to discuss the contingencies with the people who control the property. She said if this agreement could be worded in a way that Counsel is satisfied the Town needs to show that good faith. Ms. Tully said that it is difficult to opine when you have not been party to all the negotiations.
Voted - to recommend the warrant article to acquire the Mobil property.
Continuation of a Public Hearing on the Acceptance of Hill Top Road
Jennifer Drohan, standing in for Mr. Tocchio, said that with the exception of the ornamental wall everything has been done to allow for street acceptance. The homeowner wants to move the wall. The paving of the driveway is scheduled for April 21st; the trees to be removed will be done this week. The Town is holding enough money to insure that everything will be done. The Board asked if anyone wished to speak for or against street acceptance. Mr. Pattavina of Thaxter Street said there is no crown, or inadequate crown, on Hill Top Road and the storm drains are not picking up the water. All the water is running out to Thaxter Street and draining onto his property.
Voted - to continue the public hearing regarding street acceptance of Hill Top Road until April 22 at 6:15 pm.
Voted - to continue the public hearing regarding the street acceptance of Cranberry Lane and Rosewood Drive until April 28 at 6:00 pm.
Mr. Cristello explained that the Assessors are requesting a transfer from the Reserve Fund to cover the cost of the Black Rock case in front of the Appellate Tax Board. He noted that this was a very necessary expense.
Voted - to recommend a transfer from the Reserve Fund to the Assessors’ Revaluation Services Account in the amount of $16,668.
Selectmen/Town Administrator Reports
Mr. Riley said that there are three or four different issues regarding 3 Otis Street. The A-1 zoning relief for woking in the flood plain; an expired permit; the parking issue is not resolved; the applicant did not comply with required notification to the conservation officer in advance of any work down there; and the five foot walkway behind the building itself is public access but it cannot be reached by the general public. Mr. Riley suggested that Town counsel write a letter to DEP on the Town’s behalf. Mr. Toomey has spoken to Mr. Morgan and Ms. Lacy. Mr. Morgan is issuing a cease and desist order and Mr. Prentiss has enforcement letter going to property owners. There is litigation in land court about the difficulties in parking. The property owner’s attorney was unaware that the permit had lapsed. If the property owner does not comply with the cease and desist order the other option is to seek injunctive relief.
Ms. Burns advised that cable negotiations have gone quickly and very positively due to an incredibly talented and accomplished committee. She noted that the Town will have Verizon cable sooner rather than later. Ms. Tully noted a recent article in The Municipal Advocate about regionalization. She said there is a leadership academy scheduled for Holy Cross this spring. Mr. Cristello will make calls to Hull, Norwell and Cohasset about this. Ms. Burns remarked that part of the deal with Verizon will be capital for a regional television station. Mr. Cristello informed the Board that the blasting is just about done over at the DPW site. The bids have been received for the salt and sand shed and the hope is to have the salt and sand operation by fall.
The Board voted by roll call vote to adjourn to executive session to discuss legal matters and not to return to open session this evening.
Mr. Riley - yes
Ms. Burns – yes
Ms. Tully – yes
Open Session adjourned 8:55 pm.
Betty Foley, Clerk