Back to Board of Selectmen Meeting Minutes 2008
September 9, 2008
Regular Session 7:30 PM
Mr. Riley, Ms. Burns, Mr. Rabuffo
Voted - to approve the minutes of June 11, June 17, June 26, July 8, July 9, and July 29, 2008.
Questions from the Public – John Hersey presented pictures to the Selectmen of trees he claimed were neglected. He complained about the DPW Superintendent, Mr. Stigliani’s care of conservation land and the transfer station. Mr. Hersey also mentioned that he has received no response from Fire Captain David Damstra regarding his complaints about three locations at Hingham Harbor relative to parking and lack of inflammable signs. Ms. Foley advised she would look into these issues with Captain Damstra.
Mr. Stigliani came into the meeting and advised that it was improper for Mr. Hersey to bring his complaints to the Selectmen’s meetings and that they are being discussed without his being present. He commented that the proper channel for Mr. Hersey to address his complaints was to go him directly. Ms. Burns agreed and the pictures were turned over to Mr. Stigliani. Mr. Hersey commented that the pictures were for the Board of Selectmen. Ms. Burns pointed out to Mr. Hersey that Mr. Stigliani needs to see them first. Mr. Stigliani told Mr. Hersey that he would be contacting him to schedule a meeting to discuss these matters.
Public Hearing/Grant of Location on the petition of Aquarion Water Company to replace an existing 6 inch water main on Main Street to accommodate the MassHighways Route 228 reconstruction project. Robert Calhoun, an engineer, was present to represent Aquarion. Mr. Calhoun explained that the project should begin in the next few weeks and take about two weeks to complete. There will be detail officers to direct traffic and the roadway will be opened to local traffic and detoured via Cushing Street. The schools will be given a 48-hour notice of any water shutoffs.
Voted - to approve a Grant of Location to Aquarion Water Company to replace an existing 6 inch water main with a 12 inch water main, approximately 380 feet, connecting to the existing water main located in front of the South Elementary School and run southerly to just before the Liberty Pole Island.
Public Hearing/Grant of Location on the petition of the Hingham Municipal Lighting
Plant to relocate pole #148 on Main Street. Panos Tokadjian of the Light Plant explained that this request is needed to accommodate the proposed redesign of the intersection of Main Street and Constitution Road. This redesign is to accommodate the MassHighways Route 228 reconstruction project. Mr. Todjkian of the Light Plant advised that this relocation would only take a day or two and did not expect any problems.
Voted - to approve a Grant of Location to Hingham Municipal Lighting Plant to relocate pole #148 on Main Street, at the corner of Constitution Road, approximately ten feet in a southerly direction away from the corner, according to Hingham Municipal Lighting Plant Plan #02A, dated 9/2/08.
Citizen Survey Result – Ms. Kitty Ward reported on a survey she conducted on Hingham taxpayers as a result of a discussion with Mr. Rabuffo about low voter turnout in town elections. A questionnaire was included in the July mailing of property tax bills asking: (1) what town issues are most important to you as a citizen? (2) Do you feel the town approaches these issues effectively? Yes/No. Do you have any suggestions for improvement? (3) What would get you to be involved with town affairs? Ms. Ward advised that 61 questionnaires were returned. She felt the response was on the low side because the questionnaire was printed on the back of the “Update from the Town Hall” and therefore was missed by many citizens. Most of the respondents are concerned about taxes, the high cost of town government and the related need for fiscal responsibility. Most every age group is concerned about the population growth, new development, the character and quality of life of the town. Seniors indicated that taxes are killing long time residents on a fixed income and worry that they will no longer be able to stay in their
homes. One senior reported she had to leave her home of 40 years. Many cited the ever increasing school budgeting and felt it was quite irresponsible. Many citizens are worried
above excessive development and growth and feel the town does not have any concern regarding this issue. Others felt that the School Department has too much power and that
the Special Education Department is a disgrace. Some citizens remarked that it is a public school system and not a private school system and there is a need for fiscal responsibility. Ms. Ward informed the Board that is it no surprise that in this economy people are vociferous about rising taxes, especially due to school building expansion. The tone of the survey ranged from critical to hostile. She felt that there is a need for more communication, in a less formal way, other than night meetings that are difficult for people to attend.
Outreach Meetings - Mr. Riley advised that a few years ago the Annual Town Forum was implemented and the attendance has been very sparse. Mr. Rabuffo commented that the Board needs to be more proactive, visible and available. We need to meet people on neutral territory so that people don’t feel threatened or constrained. Ms. Burns mentioned that taping board meetings makes them more available to the public; we also need input from casual conversations where people are. Mr. Riley also agreed with the concept of outreach meetings as he would welcome citizen input. The Selectmen agreed to hold outreach meetings at various locations in town to discuss these issues. The community center, farmers market and the library were mentioned for consideration. Residents would have the opportunity to address any other concerns at these meetings. Ms. Burns advised the Hingham Journal will occasionally print a Selectmen’s question to get an idea of what kind of community development citizens would like to see. It will also be put on the web page. At Mr. Riley’s suggestion the discussion of the first meeting would be the harbor area, what would the residents like to see in the harbor area, whether it should stay as it is or should a source of revenue be created. A member of the Harbor Development Committee would be invited to participate. The Selectmen agreed to hold the first meeting at the library and will announce the date as soon as it is confirmed. Mr. Riley said it is a balancing act, it is a question of how to balance the desires of those who want the town to be more progressive and others who want the town to stay as it is. The Board expressed their appreciation to Ms. Ward for her time and work on this extensive survey.
Proposed Acquisition of Lincoln School Apartments – Present James A. Toomey, counsel for the town, Steve Nolan, Special Counsel and Jim O’Brien of the Housing Affordable Trust. Ms. Burns announced that a proposal is on the table to purchase the Lincoln School Apartments by Glastonbury Abbey. The town has the right of first refusal and Ms. Burns would like to see the Town exercise that right to preserve the affordability units. There are 60 units of affordable housing and Ms. Burns felt it would be a substantial loss if the town didn’t acquire this property.
Glastonbury Abbey, present owner, has a signed purchase and sale agreement with Corcoran & Company, which currently holds the management contract for the property, for $6.4 million. The Selectmen expressed serious concern that if a for profit company should buy the complex there would always be a motive to change the number of affordable units. The deadline for the Town to exercise its right of first refusal is November 17th. A special town meeting will have to be called so that the Selectmen can put the question to the town. Mr. Toomey advised that the town could own the land and lease it back to a LLC or allow the Housing Trust to oversee the building and hire a management company.
Mr. O’Brien pointed out that the Trust has been exploring financing options and doing a capital needs assessment. He explained that the Town has only 6 months to respond to the first right of refusal and dealing with Mass Housing, the loan agency, would lock the town into 7% financing, if the town elects to go that way. MHFA has a 15 year lock out which means you can’t refinance or repay within that period. Therefore, he thought it was important to explore other options. He suggested a loan from the Community Preservation Act funds to finance any gap between the maximum loan amount obtainable under the program and the purchase price. Mr. Riley questioned if it was necessary to involve CPA funds. It was explained that the funds would be technical collateral. If the Town buys the property with obligation bonds, and then it can own the property, and not be committed to Mass Housing rates and then negotiate over the next year or two. He is suggesting a two year bond period, as it could be resolved within the next eight months. Mr. Toomey advised that the town could own the land and lease it back to a LLC or allow the Housing Trust to oversee the building and hire a management company.
Mr. Nolan pointed out that the MHFA could dictate the set up for a separate entity. Mr. Nolan explained that the following three ownership options are available to the Town:
1) Direct ownership by the town
2) ownership of the land, basically a ground lease, to a single purpose entity;
3) Single entity ownership.
Ms. Burns noted that if the town decides to purchase the building, it would not be a financial hardship on the town, as the apartments have shown a history of generating revenue. Mr. Nolan commented that any proceeds netted would have to be set aside for repairs and future maintenance, and not used for other projects.
Mr. Riley and Ms. Burns agreed with Mr. Rabuffo who stated that whatever the outcome is, we have a moral obligation to reach the 10 per cent affordability housing level required by the State and we want to keep this property in the equation. Future meetings will be held by the Selectmen and Advisory Committee to discuss the acquisition of this complex. A joint meeting of the Board of Selectmen and the Advisory Committee is scheduled for September 23, 2008 to receive citizen input.
Beal Street Fields – Use of Fields – Present: Mr. Hoffman, President of Hingham Sports Partnership and Treasurer of Hingham Youth Football, Ed Anderson, President of Little League and Brian O’Hearne, President of Hingham Youth Football. Mr. Hoffman, spokesman for the leagues advised they were here to cover a number of items concerning the Beal Street Field House and the Lynch Field. He explained the field house was built with $150,000 from Tom Hastings through the efforts of the Hingham Sports Partnership raising another $200,000 from private donations. There was a volunteer committee working together to privately construct a field house and gift it back to the Town of Hingham because it sits on Town of Hingham property. Last October an operating agreement was signed between Hingham Youth Football and Little League for use of the fields and lease of the field house. Mr. Hoffman said the scheduling and use of the fields has become an issue. He understands the Board of Selectmen has control over the Beal Street/Lynch Fields. Mr. Hoffman wanted to clarify how to handle the requests of other individuals or organizations who want to use these fields. He said that at the time the field house agreement was signed, baseball and football were operating the field house, with non-exclusive first rights to schedule and operate their practices and games, etc. Since this is the first time they are faced with receiving requests for field use he felt that it was necessary to establish a working relationship with the Board of Selectmen.
Mr. Hoffman advised a woman wanted to have a softball game and Margaret Conaty, Hingham High Athletic Director requested the use of Lynch Field for the Girls Soccer Team to play a game on October 27th. She plans to make a formal request to the Selectmen. She also wanted to offer the boy’s soccer team an opportunity to play there, but the fields are not wide enough for the boy’s team. Mr. Hoffman reported they wanted the grass real low and we need the grass higher for our purposes, so that will not work out. Mr. O’Herne has arrangements with David Killory for the Hingham High School Football Teams. Mr. Hoffman understanding was that this was supposed to be a single purpose use. Mr. Hoffman wanted to know how he could establish a policy for payment to recover maintenance, water, and light costs from other organizations. Mr. Hoffman questioned the fairness of two teams paying for other teams. Mr. Riley commented he didn’t think this was all thought out. Ms. Burns thinking was that the financial responsibility that the two organizations undertook was in exchange for having first crack at the fields. Mr. Hoffman agreed but pointed out it was non exclusive. Ms. Burns said that when you set up your schedule everyone else worked around you. Mr. Hoffman said right. Ms. Burns informed him that Hingham Sports Partnership is picking up the cost in exchange for that privilege. Mr. Hoffman said he thought then the question becomes, “I think it is a great idea for the Schools Soccer Team to use the fields, but what you are saying football and baseball parents have to pay to turn the lights on at 6:30 PM in late October so others can play soccer?” He still felt that should be some compensation from other organizations. He inquired if there was any fees set for the new DPW fields being built. He pointed out it comes back to how we control use. Are we empowered to say no? Do we say we don’t want anybody else but us on the fields because there has been a growing problem? John Riley commented that this is a lot to think about in one meeting. Mr. Riley requested they list all these issues in writing, and show some examples for the Selectmen to review so it can be considered at an upcoming meeting.
Conditions of the Fields – Mr. Hoffman advised that the agreement to have the fields built was between the Town and Tom Hastings with input from an ad hoc committee. There are serious issues with rocks pushing up, bare spots, pot holes, and drainage issues. Little League and Football together secured a number of bid proposals for doing weed and feed. The annual cost is about $7500. When everything was turned over from Hasting to the Town of Hingham on or about Oct 15th of last year, the fields were not ready and in playable condition. The fields were hydro-seeded about July 10th last year, the irrigation was turned on but 4 weeks later there was a drought and a water ban, resulting in no water on that seed for about 6 weeks. It did start germinating when the ban was lifted it was agreed that they would take a look see again in April to see if the fields were in playable condition and everybody that sat at the table said there was a shortage of fields in the Town, so we should use the fields and keep working on it, fine tuning and there was a one year warranty
Mr. Hoffman advised there was a group of us that met with Brad Soule, who is the project manager, for Back River, LLC. He listened to our concerns and the list of items Tony Viola’s wanted to work out with him. When it came to the field surface we had different opinions as to why there are bare spots. Jay McGrail of the Country Club inspected the field and in his opinion the field need to be aerated, the field has too much clay in it, there should have been more loam down. The developer didn’t have that in the contract that he had to do that. If you look at the composition of the field for growing grass, frankly it is lacking and needs a lot more work. We are looking for some help and guidance here, we still need to get numbers to be able to say that this field was delivered to the agreement between the Town and Tom Hastings and yet it still hasn’t fully grown in all places. There is still some overseeing that needs to be done, some aeration work, gypsum needs to be added and watering. Mr. Mc Grail had also said that on one side there is too much water and on the other side there is not enough water. There are some serious drainage problems in some areas. That is where we are at right now, we wanted to bring it to your attention as it is a town owned field.
Mowing - The other issue is cutting the grass. Ms. Foley spoke to the DPW Superintendent who said it is being cut at about 2 ½ inches because of the amount of water getting into the seed. Mr. Hoffman heard from Barcellos & Kane, Brad Soule and Jay McGrail, that it was being cut too short through the hot months. Last Friday it appeared that it was cut much shorter than 2 ½ inches. It just burns out and that why we are getting bare spots and rocks pushing up. There is still a lot of overseeing that has to be done. Mr. Keyes said the field is graded so that the water runs down and the scoreboard sinks down. Mr. Hoffman commented that Mr. Soule said he was going to go back out and laser and shoot the grades on the baseball fields where the water seems to be pooling. Mr. Riley thought that it seemed to him that if the developer paid as much as he said he did in order to get those fields constructed, it should be no easier than a telephone call to the contractor telling him he has to make good, since he paid him. Mr. Hoffman advised he asked Mr. Soule to do that but frankly what leverage does little league and Hingham football have, we are just using the fields, we don’t own the fields, the town does, and therefore we have zero leverage with them. Ms. Burns advised the Board could take the time to do that as they are in communication with Mr. Soule and Back River LLC on other issues. There are some hard costs. The cost of aerating the fields and putting gypsum and after talking to a lot of other people that if the fields were done right in the first place, we wouldn’t be adding gypsum now and it should be done in the next 4 to 6 weeks. Mr. Riley asked if there was a back up plan if the contractor would do the improvements on the one year guarantee and if so is there a back up plan to go forward with the use of the fields? Mr. Riley pointed out that the teams would have to stay off the fields for some amount of time for this to work itself out. Mr. Hoffman said aerating would have to be done in late October or early November. In football the regular season ends the last Sunday in October and if teams make the playoffs it would end early November. If we are talking about doing the work again in the spring he would have to turn to the Little League for a baseball user’s point of view. Mr. Hoffman thought the Board should seriously think about having use and scheduling policies especially since the new DPW fields are being built. He questioned whose control are they going to under? He informed Roger Fernandes that if he is planning to hydro-seed this fall he shouldn’t have anybody use those field until 2010. They will need a good couple of growing seasons even though they are irrigated.
John informed Mr. Hoffman that they first thing that needed to be done is to see if the fields were built according to the specifications in the contract and especially check the elevations. Mr. Rabuffo questioned if anybody signed off on the fields. Mr. Hoffman replied it was doubtful. Mr. Hoffman said he also wants to discuss at some point with the Board the hanging of banners inside the fences for sponsorships. Mr. Hoffman was advised to start with the ZBA to discuss banners.
Ms. Burns requested that they put as much of this information in writing as possible and share it with Jay McGrail so that ultimately the Board could make a case. Mr. Hoffman added that Mr. Soule is planning to memorialize his thoughts on what needs to be done. Mr. Hoffman will provide that for the Board. Mr. McGrail has already sent his opinions to Betty Foley. Mr. Hoffman said he will get all the material together for the Board next week. They would like to get it reseeded by October 31st.
Motor Fuel Bids – Mr. Rabuffo reported Mr. Alexiades advised it would be prudent for the Town to lock in the current market prices for motor fuels for a 12 month period.
When this first came up back in the summer fuel prices were five dollars or so per gallon. Economists feel prices will be coming down. Mr. Alexiades felt it would be prudent to lock in the current market prices for motor fuels for a 12 month period. While the current market is approximately 30% above the FY 2009 budgeted projections it has retreated significantly from early summer where it was 50% above budget projections. Due to the volatility of the market Mr. Alexiades requested that the Selectmen authorize a member of the Board to approve on behalf of the Board the contract for the purchase of motor fuels when he requests the bids.
Voted - to authorize Ted Alexiades, the Finance Director, in conjunction with Selectman Rabuffo, to execute a contract for the purchase of motor fuels and to bind to the Town market prices instantaneously.
Voted - to appoint Margaret H. Robbins to the Hingham 375 Anniversary Committee.
Voted - to sign an Approval of Exemption for Kerry Ryan, member of the Country
Club Management Committee who has filed a Disclosure of Financial Interest by a Special Municipal Employee.
Selectmen’s Reports. Mr. Rabuffo mentioned that this Thursday will be the 7th anniversary of 911 and he requested that the townspeople take a moment’s pause to commemorate. He attended the Annual Vintage Baseball Game to benefit the Historical Society held at Derby Academy. He has been working hand in hand with the DPW and Lazell Street property owners and advised that this is where the Mosquito Control Projects comes in. Mr. Rabuffo reported that the Library Fund raising event has been very active and there are 93 items up for bid.
Ms. Burns attended a meeting regarding Ethics Training of which the MMA has taped a good version. Ms. Burns announced that the proposed affordable units at Avalon Bay, applications are available. Information is available on the front page of Hingham’s website. The Lottery will be drawn on September 16. So far about 67 applications for 23 units have been received. There is Local preference for those who live or work in Hingham. 80% will be set aside for the local pool. Avalon is conducting the lottery but the Hingham Affordable Trust will also be monitoring this project.
Adjourned: 10:30 PM
Marilyn Harrington
Clerk pro tem