Back to Board of Selectmen Meeting Minutes 2008
September 16, 2008
Regular Session - 7:00 PM
Mr. Riley, Ms. Burns, Mr. Rabuffo
Voted – to approve the minutes of August 5, 2008.
Acquisition of the Lincoln School Apartments. Ms. Burns announced that as most people are aware, the proposition is on the table for the town to purchase Lincoln Apartments, from Glastonbury Abbey for $6.4. The Board of Selectmen decided some time ago to call a Special Town Meeting to see whether or not to purchase the Lincoln School Apartments for the purpose of insuring the continuance of its affordability status.
Mr. Riley asked that the role of the Housing Affordable Trust be explained for the audience. Ms. Burns said that Trust, acting in an advisory capacity has been exploring all the available financing options. They have arrived at a proposal, which they think accomplishes all the goals that people would like to see incorporated into this model funding. This proposal will be presented in detail at the joint Selectmen/Advisory Committee meeting on September 23, 2008, the same night as the public hearing. The Board expressed that citizen input is very welcome at this hearing. The Lincoln Apartments were put up for sale by the Abbey and a Purchase and Sales Agreement was signed May 18, 2008, leaving the town only 180 days to exercise its right of first refusal. Because of the tight schedule, the Board agreed to call the Special Town meeting in October.
If the Board is authorized by Town Meeting to purchase the Lincoln Schools Apartments, the Selectmen will do that in mid November before the 180 days expire. The Board has only 60 days close on the property. This is a very short time frame for a property of this size and the complications involved in the financing. The financing proposal will be ready by the Special Town Meeting so that the Town can close on the property shortly after the Special Town Meeting. Mr. Rabuffo said there have been many discussions and a lot of hours spent by a number of dedicated people to move this complicated subject along. He submitted five questions of some substance to the Advisory Committee. Hopefully this complex issue will be clear and more understandable to all before the Special Town Meeting. Mr. Rabuffo pointed out that the key objective is not to go backwards on affordable housing but to preserve the commitment of 100%.
Voted - to call a Special Town Meeting to be held Monday, October 27, 2008, at 7:00 PM, at Hingham High School.
Voted - to insert the following article in the Special Town Meeting Warrant relative to the acquisition of the Lincoln School Apartments:
Will the Town (1) Authorize but not require, the Board of Selectmen to acquire the property shown as Lot 111 on Assessors’ Map 71, known as the Lincoln School Apartments, pursuant to the terms of a right of first refusal reserved to the town, in a deed dated January 2, 1980 from the Town of Hingham to the Lincoln School Apartments, Inc. (2) appropriate a sum of money for the purpose of such acquisition, and to meet said appropriation, authorize the transfer of funds and/or the borrowing of funds under the Community Preservation Act or any other enabling authority (4) authorize the Board of Selectmen to take such other action and enter into such agreements and other arrangements as they may deem necessary or advisable to cause said property to continue to be used to provide affordable housing; or act on anything relating thereto?
Voted- to close the Warrant for the Special Town Meeting.
DPW Reserve Fund Transfer Request – Mr. Stigliani, DPW Superintendent advised this request is necessary for the purchase of a 2008, one ton, Chevrolet Dump Truck, with plow and sander. This truck was originally funded in the DPW FY 08 Capital Outlay Budget.
The school department was waiting to receive the current truck, Mr. Stigliani submitted a Reserve Transfer Request in the amount of $44,500. After all FY 08 capital purchases were made, the remaining amount of $40,637 was encumbered for the truck, along with $18,781 remaining in a separate account. He further explained that the two commercial mowers funded were funded in his FY 09 budget. The mowers were actually taken in April as demos that could be returned or purchased after July 1, 2208. Mr. Stigliani advised he did it this way as he needed the two commercial lawn mowers for the transfer station to cut the capped portion of the landfill.
The money for the mowers was in this year’s budget. Mr. Stigliani said the bill was mistakenly dated and the accounting department paid the bill out of last year’s budget. As a result the encumbrance money was lost. 2008. Mr. Rabuffo questioned why the bill for the mowers came in without an explanation. Mr. Stigliani was not sure and said this has been a very complicated process as a number of events came up never happened before. The request had been deferred by the Capital Outlay Committee for years and the trucking company was on strike for months.
Voted - to recommend a transfer in the amount of $12,000 from the Reserve Fund to the DPW Capital Outlay Account.
Contract Agreement for 2008 International Dump Truck – Mr. Stigliani requested the Board to authorize a contract agreement for the purchase of one new fully equipped dump truck. He explained that the truck is budgeted in the FY 09 Capital Budget. This purchase is being made in accordance with the Greater Boston Police Counsel Cooperative Procurement Program through the MAPC.
Voted – to sign a contract with Patriot International Truck LLC for a new 2008 International 7400 Model 4 x 2 Six-Wheel Dump Truck, with plow and sander, in the amount of $123,866.
Tunnel Cap Area Update - Ben Wilcox and Susan Sullivan representing the Development and Industrial Commission wanted to remind property owners that the tunnel cap area is leased from the MBTA and is not a public way. The Selectmen agreed to their request to send out a notice to abutting property owners requesting the removal of their dumpsters, trash cans, and any other items belonging to them. Ms. Sullivan said that once the landscaping work is completed there will be a process informing people what they can or cannot do on the tunnel cap. This will ensure that special activities don’t interfere with surrounding businesses. The Commission would like to prohibit any unauthorized commercial uses and prohibit any permanent or semi permanent structures. Mr. Rabuffo recommended that any proposed regulations are to be reviewed by counsel and the MBTA. He felt it is important to keep a good relationship with the MBTA. Mr. Wilcox suggested that blanket permission be given to civic organizations. He also suggested that other groups apply for a permit through the Selectmen’s Office. The Commission does not want to eliminate any uses that could be beneficial. Mr. Riley suggested that a similar process to obtain permits to use the harbor bandstand be adopted. The Board requested the Commission to check with all town boards to see what would be permitted before drafting regulations for the Board’s review. Ms. Burns said the main goal is to make the area attractive for public use.
Downtown Sidewalk Regulations – Mr. Wilcox reported the Commission is also in the process of drawing up sidewalk use regulations. Their goal, with the approval of the selectmen, is to limit the amount of commercial activity to enhance pedestrian use. The Board advised the Commission to check with all town departments with respect to any rules they would like to see proposed. Judith Sneath representing the Downtown Association agreed with the Development and Industrial Commission that sidewalk regulations are needed to address the littering problem and should be kept clear for walkers and baby strollers. Ms. Sullivan agreed to check with the Building Commissioner regarding the zoning and sign by-laws before drafting any regulations and report back to the Board. The Commission and the Downtown Association will coordinate.
Preliminary plan for landscaping – Sean Pappich has been awarded the bid for the landscaping design on the tunnel cap, in the amount of $4,999. Mr. Pappich presented proposed drawings to the Selectmen. He informed the Board that he has been working with the tunnel sub-committee to accomplish their goals. The major goal is for low maintenance greenery and year round sustainability. The plan calls for evergreens and flowering deciduous plantings such as hollies and rhododendron bushes to compliment the newly planted trees on North and South Streets. Some seeding will be done this fall. There will be hardy perennials for the spring, summer and fall with wide swaths of grass for easy mowing. A few trees will be planted off the tunnel cap walkway to afford shade. Mr. Pappich advised he is comfortable with the recently added stone urn planters and the benches that will be incorporated appropriately into the design. There are also plans for surrounds and access to trash barrels on private property abutting the tunnel cap
Mr. Riley questioned the funding source of this project. Mr. Rabuffo explained that $30,000 is coming from a PWED Grant. Mr. Wilcox mentioned that out of this grant $5,000 was designated for design work. The final numbers for the removing of utility poles have not been received yet. It is estimated between $7,000 and $10,000. Mr. Wilcox thought there was about $18,000 left for completion of this project. Mr. Rabuffo said it requires a little more fine tuning to complete this work and if the budget is exceeded, it would mean that other commitments could not be made. Mr. Wilcox said there is a back up plan to reduce the numbers of shrubs and install more lawn.
Mr. Wilcox explained he was seeking preliminary approval of the design plan. He wanted to know if the Board thought they were going in the right direction in this first round of submissions. Before giving preliminary approval, Ms. Burns would like an estimate on the yearly cost of plant replacement as this would be an ongoing expense. Mr. Rabuffo would also like to know about any other maintenance costs before the DPW takes over. Mr. Riley questioned the assumption the DPW would take over the maintenance. Mr. Wilcox said we are hoping it would get incorporated into their regular work load. Mr. Riley said the consensus is to keep going forward and provide the Board with the requested estimates.
Update of the Business Improvement District (BID) Feasibility Study – Judith Sneath and Consultant Kathleen McCabe of AICP McCabe Enterprises informed the Board that they were here to present some conclusions from their Feasibility Study, answer any questions and ask for town support. Their goals are to support a beautiful, clean, and safe downtown and support the economic development to sustain a thriving downtown Hingham economy. Parking continues to be an issue and it should be revisited from an economic standpoint.
Ms. McCabe and Ms. Sneath worked with a group of property owners to see how they might contribute to its future. The BID legislation allows property owners to assess themselves an additional fee which could be collected through the town’s taxing mechanism. It really would be up to the property owners to determine how much they would put into the BID and spend that money within their district. The proposed district encompasses about 44 property owners in the traditional square area. Their work was with the 12 property owners or so that mind the tunnel cap being the core of the area, thinking that if they bought into this plan there would be a solid base to work with others. An agreement was reached with three peak owners. The property owners are interested in coming together and have identified a common mission and a common goal. On this basis, Ms. Sneath felt the operation of a BID is feasible.
BID Financial Feasibility - Ms. Sneath reported that the estimates show that the BID could make significant progress on these goals with an adequate annual budget of $82,000 a year which means about a little less than $1,900 for each property owner if they chose to divide the costs evenly amongst themselves. The group of property owners they had met with thought that was something they could go forward with. Ms. McCabe stressed that the financial feasibility is predicated on the whole motion of partnership as well as sustaining the ongoing volunteer environment such as the HDIC, the Beautification Committee and the Public Works Department that have made downtown work well. They felt they have proven the feasibility and there are three more steps. The petition phase, the public hearing phase, and the approval phase. The petition phase is really a much more intensive outreach for all property owners. A petition that contains an improvement plan for the downtown was drafted. It requires support of 51% of the property owners representing the assessed value and 60% numerically. The plan would be filed with the Town Clerk. Once it is filed then there is a public hearing phase, the Selectmen would hold a public hearing with all property owners, business owners, and the public. The approval phase follows the public hearing.
On behalf of the Downtown Association Ms Sneath expressed appreciation for all the work and commitment the town has done in the post Greenbush phase. Ms. McCabe would like the moral support of the Selectmen to move forward. Ms. Sneath remarked they rely on the DPW as a primary provider. They are not asking for a final decision but would like just kind of a moral level conceptual commitment to the idea of a Business Improvement District from the Selectmen. Since town funds are limited at this time Ms. Sneath advised they are thinking of having fundraisers. Mr. Rabuffo explained he was very much involved in this matter from his previous experience with the HDIC and is encouraging of this, as many of the BID’s have formed in a time of economic stress.
In answer to Mr. Riley’s questions, Ms. Sneath advised that percentage wise for property owners, it amounts to about ¼%. The resistance of the owners that didn’t sign up yet is due to the fact that they don’t have a dollar figure yet. Ms. Burns said there is a lot of things we wish we could do to improve downtown matters, it is a wonderful initiative to ask the community to take another step forward to into community programs to think of them as a community to take an interest in looking out for themselves and hopefully bringing along some funds to do the things the town wishes they could do. She would like the town to participate in that because the town has a lot to gain. Ms. Burns in looking at the budget of $82,000 noticed that some of the items were ongoing costs and some of the items are new items that you will be reaching for. Ms. Burns also wondered about the basis of projecting a budget for that amount. Ms. McCabe said that each year there will be different priorities and dealing with 44 property owners and community relations usually costs a lot more than $82,000. She explained that with the petition you have to do an updated budget every three years that has to be adopted and approved by the property owners. The first year is sort of a template. Ms. McCabe advised that if the support of the 44 properties was obtained and they were able to go forward, they felt they could also get the support of additional properties from Station Street to the harbor.
Mr. Riley asked what would be the role of the town if the Board agreed to become a partner. Ms. Sneath answered, it could be negotiated the town could make a contribution as a property owner, by providing services without making a financial cost. With the petition there is a fee structure that would be levied on all the property owners that would be included in the petition and improvement plan. It is necessary to have to have at least 51% of the property owners represented by their property values and 60% numerically. It is usually the assessors’ that add the fee on to their tax bills. The town would be functioning as a collection agent. The statue provides that the money has to be transferred within a certain given time. Ms. Sneath also advised that there is special hardship provision in the statue for property owners in the event that they are unable to meet this goal.
Ms. McCabe requested the Board of Selectmen to adopt a resolution which would be a useful tool in going forward. This resolution is to see if Board is comfortable in terms of providing conceptual support. She pointed out that obviously the details have to be worked out in terms of how the property owners wish to do a self-assessment, as every property owner has reserved their right to say let’s wait until the details are full front and center. The Board of Selectmen advised it was non-binding but would sign so that the property owners would know the Selectmen support the idea of a BID.
Voted, to adopt the following resolution:
Whereas the Hingham and Development Commission and its’ consultants perform a series of means for the downtown property owners who have expressed interest in forming the business improvement district;
Now, therefore, be it resolved by the Board of Selectmen;
1. That a Business Improvement District is a promising approach to begin a strong healthy and vibrant downtown Hingham
2. that the Board of Selectmen will support to the extent possible the downtown property business owners taking the necessary steps to form a Business Improvement District in downtown Hingham
3. That it is the intention of the Town of Hingham to participate in such a downtown Business Improvement District once it is organized and officially formed
Lateral Police Department Transfer - Chief Mills introduced Timothy O’Brien, currently a Norwell Police Officer, applying for a transfer to the Hingham Police Department. Mr. O’Brien informed the Board that he is a resident of Hingham and he would like very much to work in the town where he is raising his family. He has six years of experience he would like to bring to Hingham. In Norwell, Mr. O’Brien has served as Elder Affairs Officer, Domestic Violence Officer and Police Prosecutor. He graduated from Boston College High School and Curry College with a degree in criminal justice. Chief Mills thought Mr. O’Brien was a highly motivated and mature individual and asked the Board to approve this transfer. The Selectmen agreed with the Chief’s recommendation.
Voted – to approve the lateral transfer of Officer Timothy O’Brien to the Town of Hingham from the Town of Norwell upon receiving approval from the Town of Norwell. If approval is received the effective date would be October 6, 2008
Lincoln Maritime Center Financial Report - Mr. Cataldo attended representing the LMC. Mr. Cataldo presented the financial statement of the LMC, which had not previously submitted as requested. Mr. Riley informed Mr. Cataldo that the Board would need time to digest this information. Mr. Rabuffo pointed out to Mr. Cataldo that he was given enough notice and the reason he was here was to discuss the financials. He apologized and said he literally just got the figures. Ms. Burns noted that the statement is for the year ended September 30, 2007. She questioned how they conduct business if they don’t receive a financial statement until a whole year later. He replied the LMC knows what they have in the bank and they are not a sophisticated operation. Mr. Rabuffo thought there was a substantial amount in the retained earnings of $400,000 for years. The Selectmen agreed to schedule another meeting to continue this discussion to get a better understanding of these numbers in order to provide an explanation to taxpayers as to why the town is not charging more for the use of the land. Mr. Cataldo said he would be happy to meet again with the Board on this matter but he wanted to point out to the Board that the retained earnings are made up of a restricted endowment with buildings and boats. Mr. Cataldo advised that the LMC ran about a depreciation loss of $23,347 last year and all that money is needed for equipment. He reported $50,000 was lost in fundraising. Mr. Riley noted the financial statement does not reflect the value of the services because they do not meet the recognized criteria for statement of financial accounting standards.
Lincoln Maritime Annual Report - Mr. Cataldo explained that in 2001 the LMC served less than 100 people in sailing, the only offering then. Shortly afterwards rowing was added. Today LMC serves about 258 kids in 15 sailing classes, 23 adults in 2 sailing
classes. There are 173 kids in eight rowing classes and 342 adults in 22 rowing classes. That amounts to about 700 people that are conducted in about 3 different sessions. In addition there are 3 high school rowing programs with Hingham High School, Thayer Academy and Notre Dame Academy and also 2 high school sailing programs. Mr. Cataldo reported that Hingham High School pays about $6200 a year, it is revisited every year, and he doesn’t anticipate it increasing next year. He mentioned that other rowing programs would charge Hingham High about $19,000.
Lincoln Maritime Planned Improvements - Mr. Riley asked said he was puzzled that LMC had the approval to go forward with improvements but to-date hasn’t seen any activity. Mr. Cataldo advised that LMC has been through a significant approval process with the town for over 2 years, and it is also a matter of money. Mr. Riley pointed out that the planned improvements were part of the reason the LMC didn’t want to pay any lease money. Mr. Cataldo said the deal was that the LMC would make certain improvements to the wharves, specifically the deck, ramps, and floats. The things that are up to and not including the ramp would become the property of the town and that was the consideration for the lease so that the things attached directly to the floats were the LMC’s property and things that were built on the wharf, for example, the deck, the wharf, and things leading up to the deck were property of the town. The LMC plans now to get moving with fundraisers as it is going to cost a lot more than originally thought, about $200,000. The engineering alone will be about $15,000. Mr. Riley inquired if the LMC had applied for a Chapter 91 License. Mr. Cataldo advised that after review with the town boards and harbormaster, it was determined there was no need for one, as the approved design didn’t include any pilings. Mr. Riley asked that if it was in the best interest of the town would he do so. He said it would be problematic to the extent of the amount of time that anything could be done and it could cost to the point where LMC wouldn’t be able to pursue the improvements. Mr. Riley mentioned he is more interested in the town complying with the rules and regulations because if the proper permits were not in place, the town would be in trouble.
¬User Fees for Hingham High School Rowing Program – Robin Aborn advised she is seeking the Board’s assistance in figuring out what if any position that had in using the town wharf. Ms. Aborn explained that in the spring, there were 67 students, which they could accommodate. In the fall, they received 83 registrations. She contacted the Center to see if they could provide coaching services to the extra 16 registrants. In the fall it was $300 per rower for 28 practices and for coaching the extra students the fee was $310 per rower for 21 practices. The High School Rowing Club handled all the registration and insurance waivers and the Center is using one of their boats for these practices. Her Board would like the Center to drop the user’s fees and allow them to make an investment in the infrastructure. The Rowing Club offered to spend $10,000 to structurally repair the docks. They submitted a proposal requesting approval to draw up a tentative plan to build a replacement dock to lie flush with the east and west docks. Mrs. Aborn advised LMC doesn’t seem interested in repairing the docks right now or putting the money in escrow. She would like them to work together. In the past she has made overtures to do cleanups, repair potholes in the driveway, and offered the use of their launches. Mr. Cataldo remarked that he very clearly indicated to Ms. Aborn that the LMC is very interested and wants to do it but just is not ready yet. Ms. Burns commented that this matter has been an ongoing discussion. The Selectmen recommended that the LMC Board and the Hingham High Rowing Board have their own meeting and put all the issues on the table. The Selectmen will take the matter of the user’s fee under advisement.
Selectmen’s Reports - The Board attended the swearing in for the three new police officers. Mr. Rabuffo reiterated the Selectmen’s previous comments stressing the importance of the survival of 100% affordable units in the Lincoln School Apartments.
Adjourn: 10:15 PM Marilyn Harrington
Clerk pro tem