Back to Board of Selectmen Meeting Minutes
March 17, 2009
Regular Session 7:25 pm
Mr. Riley, Mr. Rabuffo
Capital Outlay Report
Mr. Pyles explained that the Committee had considered approximately $2.6 million in requests for capital projects. The Committee looked at projects that were cost- reiumbursed or those where cost recovery was possible in a short period of time as well as those projects that were truly critical to the department. Due to the current economy it is possible to spend approximately $450,000 from free cash. Of that amount approximately $125,000 from is planned for capital expenditures and the remainder would be available for reserve fund transfers in an emergency. The Capital Outlay Committee recommended the expenditure of $75,000 for a scale to be located at the transfer station. This will be a revenue producer for the town after a 18-24 month payback period. The Committee also recommended $63,000 for repairs and renovations to Sewer Department pump stations, the full amount of which would be recouped from the users. Capital expenditures in the amount of $30,000 for the Country Club and $20,000 for the Recreation Department would be recovered through the departmental revenues. The final recommended item is $50,000 for a Middle School roof repair.
Mr. Riley noted that the approach is frugal but it seems to be the right approach in the current times. Mr. Rabuffo said that $75,000 for the scale is to be paid for by charges made for construction debris. Mr. Riley pointed out that a 30 yard dumpster can cost $900-$1000 depending on what is in it. There are a number of contractors who will fill up their own truck rather than bear the expense of the dumpster. Mr. Pyles said that it is apparent that there is a real need for a disposal site for construction debris. In ordinary economic times, revenues could be about $50,000 a year, at present it could be as low as $35,000. The repair money for pumping stations is to be spread over five different pump stations. The Country Club has two or three things that might be done with the $30,000. Mr. Riley also commented that the money for the Country Club may not be as high in the future because a new restaurateur will likely pay for some of the capital repairs to the building. There are three HVAC units in the facility and they are over 20 years old each. The middle school roof has been on the list for some time and the Committee felt that it could not pass on this project since the patch will extend the life of the roof for some time. Mr. Pyles noted that this capital policy is likely to put pressure on the reserve fund because there will be things that will break and need repair or replacement.
Voted - to recommend the Capital Plan as submitted by the Capital Outlay Committee.
Warrant Articles
Jay McGrail, the Director of Operations at South Shore Country Club, said the Country Club Management Committee had spoken to the current restaurant operator and other food and beverage operators. During these conversations it became apparent the current three year agreement did not allow an operator to make a financial commitment to the facility. The facility is aging and needs some serious commitment. After discussing this with various people it seemed that an optimal arrangement would be up to ten years for an initial term with three possible five year renewals. There will be overview and allow for control of hours of operation, quality of the product, etc. The food and beverage operators that have gone through the facility have all been excited about it and have offered a variety of creative ideas. Mr. Clarke explained that the request for proposals will allow for a structure where the capital improvements would be financed by the vendor, not the town. Mr. Ryan said that as the warrant article is phrased so that the terms and contract will be negotiated by the CCMC and the Board of Selectmen with Town Counsel’s assistance.
Voted - to recommend that the Town amend the General By-laws of the of the Town of Hingham adopted March 13, 1939 as heretofore amended, at Article 37, Section 11, to read: For the purposes of Section 12 of Chapter 30B of the Massachusetts General Laws, to allow the Country Club Management Committee, in conjunction with the Selectmen, to enter into lease agreements, dealing with the provision of food and beverage at the South Shore Country Club, for a term of not less than one (1) year but in no event greater than ten (10) years, with up to three additional extensions of no more than five (5) years each, based on mutually agreed upon performance criteria; the bowling facilities for a term not exceeding seven years; and, may enter into golf maintenance contracts for a term not exceeding five years.
Motorcycle Noise
Mr. Sobran of 7 Evergreen Lane, proponent of the article, explained that he had submitted a petition article to assist the Police Department in enforcement. He said that the Massachusetts regulations are a “horror show”. The tests under these regulations are very difficult, require two officers and are basically unworkable. An officer would have to appear in court and testify that the exhaust system was loud and obnoxious. There is not objective standard to test the motorcycle. Mr. Riley noted that a passenger vehicle or truck has to be tested in a certified station and asked if a motorcycle was exempt from this requirement. Mr. Sobran explained the existing motorcycle inspection standards are also unworkable. Mr. Sobran submitted a copy of “Noise Off” from the Citizens Coalition against Noise Pollution. Mr. Riley said that the Town Counsel had said that he felt that he felt the Attorney General would not approve this. Mr. Sobran disagreed with this. He opined that it was unfortunate that the Registry and legislators had not paid more attention to this. Mr. Rabuffo said that he had an opinion from Counsel to the Town saying that the Town cannot regulate this.
Light Plant Receipts
Mr. Asher explained that disbursement of light plant receipts is for the payment in lieu of taxes in the amount of $487,208. This is the first year implementing the formulaic approach to payments. The percentage is .25% of actual kilowatt hour sales. For 2007 the net calculation was $497,750, the 2008 actual kilowatt hour is the number proposed today. There is a floor of $450,000. Mr. Rabuffo explained that this is something coming to full closure. One of his first initiatives as a selectman was to arrive at a formula to determine the amount of the payment in lieu of taxes each year.
Voted - to recommend that, with the exception of $487,208 which is hereby transferred to the General Fund to reduce the tax rate, all funds received by the Municipal Lighting Plant during the fiscal year commencing July 1, 2009, be appropriated to said Municipal Lighting Plant, the same to be expended by the Manager of Municipal Lighting under the control and direction of the Municipal Light Board for the expenses of the Plant for said fiscal year, as defined in section 57 and 57A of Chapter 164 of the Massachusetts General Laws and, if there should be any unexpended balance thereof at the end of said fiscal year, such amount as is deemed necessary shall be transferred to the Construction Fund of said plant and appropriated and used for such additions thereto as may be authorized by the Municipal Light Board during the next fiscal year.
Downtown Overlay District
Ms. Sneath explained that this article furthers the effect of the previously approved downtown overlay district in four ways:
1. encourages residential development on upper stories
2. rationalizes off street parking requirements
3. encourages a diverse mix of businesses on the ground floor
4. clarifies the permitting process for the downtown.
Mr. Wilcox of the Development and Industrial Committee said this will increase economic development downtown in the long term. This will prevent office use forcing out non-office use. He noted that the working model for parking is key. This bylaw addresses the concerns of the property owners, allows an escape mechanism and clarifies the permitting process. Mr. Riley said this is definitely something that needs to be done. He noted that Samuels is building in the Shipyard with retail on the bottom floor, office on the second and living quarters above. Mr. Wilcox remarked that uses that have been permitted for the past five years will still be permitted.
Voted - to recommend the zoning article on the Downtown Overlay District as written.
Mr. Riley noted that there is are some vacancies to discuss. Mr. Paicos noted that the Board has a policy in effect that any vacancy be careful scrutinized before filling. Currently there is an opening in the dispatchers’ ranks and that is being filled by uniformed personnel which is much more expensive. The second situation is that there is a patrolmen vacancy. Mr. Rabuffo said that he understood that there is the possibility of a lateral transfer.
Voted - to authorize the Police Chief to begin the process to fill one patrolman vacancy.
Voted - to authorize Police Chief to begin the process to hire a temporary dispatcher.
Voted - to grant a temporary liquor license to Congregation Sha’Ary Shalom for a
fundraiser to be held on March 28, 2009.
Selectmen/Town Administrator Reports
Mr. Rabuffo said he had spent time on warrant articles during the past week. He also noted that the April 5 Economic Summit is intended to be an informal session to advise citizens about the longer term view of finances.
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Meeting adjourned 9:15 pm.
Betty Foley, Clerk