Back to Board of Selectmen Meeting Minutes
May 19, 2009
Special Session @ 6:50 PM
Ms. Burns, Mr. Rabuffo, Mr. Riley
DPW Contracts - Roger Fernandes, Project Engineer seeking approval for two contracts dealing with sidewalk repairs, construction, reconstruction, and paving that come up every year. Mr. Fernandes said that the pricing is directly tied to the cost of a barrel of oil and as a result, it is now required to put an escalation clause in the contracts for fuel costs associated with the work. The consortium price for asphalt is about $74 a ton whereas a private contractor is $85 a ton. These contracts are pretty standard for typical as needed basis contracts, and are for one year with an option to extend for 2 more years.
Voted - to award the bid for Bituminous Sidewalks and Related Work, for
Sidewalk Construction & Repair to Capone Bros., Inc. of Randolph, MA.
Voted - to award the bid for Bituminous Sidewalks and Related Work, Bituminous
Concrete I-1 to T.L. Edwards Inc. of Avon, MA
Bare Cove Park Contract – Roger Fernandes, Project Engineer requesting approval to execute an add alternate for the Bare Cove Park Building Foundation Demolition contract for hazardous soil removal. Mr. Fernandes explained that last year work was begun in Bare Cove Park to abate some of the asbestos contaminated soil and cover some of the foundations. The original contract was awarded to Moran Environmental Recovery for $497,000 with an option for an add alternate to expand the work. However that option was not exercised at that time in case any costly overruns occurred on the project. The work did happen on time and within budget. Mr. Fernandes said in addition the town was able to provide the material from other projects utilizing the trucking for the Bare Cove Park project. This amounted to 4,000 cubic yards of material which amounted to cost savings of $23,000. He sent a letter of intent to Moran Environmental Recovery to see if they would implement an add alternate, to puncture some of the slabs and foundations, with a credit of $23,000, thereby reducing the $150,487 add alternate down to $127,487. The good news is that there is no need for further remediation and the account will have a balance of $83,543 balance. The add alternate would puncture some of the slabs and foundations.
Voted - to enter into/execute the Add Alternate for the Bare Cove Park Building
Foundation Demolition, Capping and Asbestos Soil Removal Contract, awarded to Moran Environmental Recovery, for $127,487.
Change of Manager – Request of Packaging Center, Inc., d/b/a Stop & Shop, to change the manager of their Retail Package Goods Store All Alcoholic Beverages License to Edward Attubato. Mr. Attubato advised he has been with Stop & Shop for 19 years and is now being transferred to the Hingham store, and has been a store manager for 6 ½ years. Mr. Attubato informed the Board that this is the first time he is involved with a liquor license and he is scheduled to attend an alcohol awareness program.
Voted - to approve the request of Packaging Center, Inc., d/b/a Stop & Shop, 400
Lincoln Street to change the manager of their Retail Package Good Store All Alcoholic Beverages License from Michael Keany to Edward Attubato, subject to the approval of the ABCC.
Naming Policy – James Claypoole was present. Ms. Burns emphasized that that this presentation is strictly about moving forward and any decisions made in the past will not be revisited. Mr. Claypoole agreed with Ms. Burns as he also wanted to move forward. He pointed out that a situation has developed here with respect to the naming of the former East School, due to the lack of process in terms of criteria and standards for naming public buildings, parks, and playgrounds. He felt it was time for the Board of Selectmen to stand up and establish a policy by which this town can measure and establish the criteria to name any public building whether it is a school, park, or playground to eliminate the confusion that exists creating all this public discontent. Mr. Claypoole asked the Selectmen to appoint a committee of not less than three and not more than five citizens who would be responsible to establish the criteria and the standards by which all public buildings and playgrounds or parks would be named and submit their recommendations to the Board of Selectmen for their consideration by no later than October 1st. He thought that this was a principal first step that should be taken to bring order to this chaos. Mr. Riley made a motion to appoint a body of no less than three and no more than five in order to make a recommendation to the Board of Selectmen to establish criteria to name public buildings and playgrounds or parks by October 1, 2009.
Resident Robert Falvey questioned if this motion would include every building in town. He suggested that any policy adopted be kept flexible. Mr. Burns said this issue will have to be discussed at a later date after the legalities have been looked into, as she realizes the Board does not have authority over all elected boards. Mr. Claypoole disagreed and said it ought to be a uniform policy followed by every board in this town and no boards should not have the discretion to say that they don’t agree with what the Selectmen gave them in terms of guidelines and name a building or playground in violation of that policy. All boards and committees should be compelled to follow the policy that is set.
John Asher thought the new elementary school, named the Dorothy Galo School, should be subject to this proposed motion. Mr. Riley pointed out that the process was that the School Committee formed a three member committee consisting of himself as Chairman of the Selectmen, a member of the School Building Committee and a School Committee member, with the School Committee making the final decision. This was the same process used for naming the Plymouth River School. This Naming Committee had recommended keeping the name of East School and naming the school library, the Dorothy Galo Library. However, the School Committee overturned this decision. Mr. Claypoole believed the School Committee had exceeded its authority. Ms. Burns remarked that the School Committee is in control of their facilities.
Mr. Rabuffo supports the policy of the school committee being responsible for maintaining the schools excluding naming them. He believes that Chapter 71 did not give the school committee exclusive rights to erect a school building, it is invested in the power of cities and towns. The case law says “unless the Town otherwise directs”. Mr. Rabuffo, citing case law, thought this legislation meant for the school committee and the selectmen should work together. That has not happened. Mr. Rabuffo further remarked that there is definitely clarity of leadership in this issue. He further stated that the School Committee made the decision to name the school after Ms. Galo, believing they had the exclusive right to do so. They followed the process as Mr. Riley just explained; moreover, whether you agree with the decision or not, there is only one person who suffers in all of this, and that is Dorothy Galo. Selectman Rabuffo said it serves no purpose to revisit this issue as it would hurt Superintendent Galo’s reputation, and this town would be eternally divided. Mr. Rabuffo asked the meeting to stay focused on the purpose of this meeting.
Beth Rockoff said she believed the process has eroded the faith of the townspeople in town government and that Dot Galo personally was not the issue. She thought that because she was a paid town employee, it was a conflict of interest. Ms. Rockoff would like to see more transparency in the process. Other residents also remarked they had issue with this process. Isobel Asher felt that the School Committee had no right to exclude residents from the naming process as the residents of Hingham paid for the new school and should have had a right to express their opinion. Elizabeth Eldredge would like to see the naming decision revisited. Ms. Burns advised she is not in favor of writing the School Committee to reconsider because it will only cause diversity and it is going backwards, and the point of this meeting is to go forward. Mr. Riley agreed with Ms. Burns. At this point, Ms. Burns advised she was ready to vote on the motion that was on the floor and it was,
Voted - to appoint a body of no less than three and no more than five in order to make a recommendation to the Board of Selectmen to establish criteria to name public buildings and playgrounds or parks and report back to the Board of Selectmen by October 1, 2009.
Request for Legal Opinion - Mr. Claypoole said he firmly believes that the School Committee exceeded its authority and this divisiveness is counter-productive. He is convinced that under state law the School Committee is responsible for maintaining schools excluding naming them. He asked the Board to write a letter to the School Committee advising them of the M.G.L. Chapter 71, section 68, and interpretation of case laws, which mentions that the authority of naming any public property is vested in the Board of Selectmen. Mr. Claypoole questioned if counsel for the town agrees that the Board of Selectmen has the power to restrict the authority of the School Committee with respect to naming the building, would the Board agree to go forward and issue such a letter to the School Committee, so that everybody understands who has the authority to name public buildings.
Voted - to consult counsel to request a legal opinion with respect to the authority of naming public buildings.
Ms. Burns said, at this time, she is not prepared to write such a letter as it would create more divisiveness. She would entertain more discussion at a future meeting, after a legal opinion has been given. Mr. Claypoole advised he wanted to be included in this discussion on behalf of the veterans. Mr. Rabuffo said that the proposed selectmen’s naming committee will have General Foss in mind for other things and he did not recommend that General Foss be substituted for Ms. Galo.
Public Hearing - BE&E, Inc. d/b/a The Snug in accordance with M.G.L. Chapter 138, Section 64 to consider whether to modify, suspend, revoke or cancel their Restaurant Common Victualler All Alcoholic Beverages License. Present David Deluca, attorney for the town, Edward Brown and Ellen Brown, owners and their attorney Michael Nuesse. Mr. Riley read a statement publicly disclosing that he has had a prior business relationship with Mr. Nuesse, the licensee’s attorney. It did not involve the license holders or any financial interests associated with them. (This notice was filed with the Town Clerk) As a result of the foregoing he believed he could make a fair decision for the applicant. All witnesses were sworn in. Attorney Deluca advised that he has had several conversations with members of the Hingham Police Department and counsel for the applicant. They have come to a substantial agreement concerning this matter coming before the Board. The license holder will not dispute the facts presented by the Hingham Police constituting various alcohol violations. Based upon that agreement, the Hingham Police are recommending that a suspension for one to three days to be determined by the Board and there would be no appeal. Mr. Deluca advised he will proceed on summary form with testimony in the investigation conducted by each of the police officers on the occasion of their visits. After that the Board will have the opportunity to decide and deliberate on what would be the appropriate measure.
Officer Robert Mansfield advised that part of his duties is to investigate all licensed establishments and report on a monthly basis his findings or violations. These reports are sent to Chief Mills and the Selectmen’s Office at the end of each month. He said he was concerned as there were four incidents at the Snug Restaurant since last August.
Officer David Orlandi testified that on August 6, 2008, at 1:41 AM, he responded to a loud noise complaint coming from the Snug. He could hear loud music a few doors away and as he got closer to the front window he could see one female and two males sitting at the bar and there was a beer on the bar. Mr. Brown opened the door and Officer Orlandi requested him to turn off the music. Mr. Brown said the beer was his and that he was not serving any patrons. Officer Orlandi reminded him that this was not the first time he was called to this establishment for an after hours complaint and that he was not to serve liquor after 1:00 AM. Mr. Brown said that he understood and would close for the night.
Detective David Galvin testified that on September 13, 2008, at 2:20 AM, he responded to a complaint on the Snug being open and serving alcoholic beverages after 1:00 AM. He looked in the window and observed Mr. Brown and other people in the bar area. When he knocked on the window, the female bar tender removed a drink from the bar and attempted to conceal it behind the bar area. Mr. Brown was asked to have all parties clear the building. He stated they were employees and didn’t realize the time. The building was closed immediately and all parties left the area.
Detective David Galvin testified that on December 15, 2008, at 1:38 PM. He responded to a complaint about loud music coming from the Snug. Detective Galvin said that he and Officer Orlandi could hear the music on South Street behind the Snug. They entered the restaurant and spoke to Mr. Brown and requested that the music be turned off immediately. Mr. Brown turned off the music at their request. There were no customers or evidence of liquor in the bar area. Detective Galvin said when speaking with Mr. Brown, he noticed an odor of an alcoholic beverage coming from Mr. Brown’s breath.
Officer Justin Burns testified that on March 7, 2009, at approximately 12:17 AM, he was dispatched to the Snug for a disturbance. He and Officer Stockbridge were met at the door by a woman who said there had been a fight. The bartender, Mr. Martin, advised he had just broken up the fight and requested the police to clear everyone out. The room was in a state of disarray, tables and chairs were knocked over and broken glass on the floor. The bartender reported the fight involved six males and he did not how it started. He intervened and separated them and three of the males walked out. Officer Stockbridge stopped them upon entering their vehicle at the corner of North Street and Main Street and asked to see their I.D. The men claimed three other males jumped them. None of them appeared to have visible injuries, no arrests were made, and they were told a report would be filed.
Mr. Brown apologized to the Board for disturbing the neighbors but he said these were only isolated incidents, and no malice was intended. The Board announced they were in favor a three day suspension. Attorney Nuesse felt that was quite harsh, as Mr. Brown cooperated with the police on these calls and in seven years of business it was the Snug’s first fight. Mr. Riley said it was disheartening that these noise violations have continued after an informal conversation previously. He informed Mr. & Mrs. Brown that they are expected to abide by the rules. Mr. Rabuffo pointed out that his goal is compliance for the good of the town. Ms. Burns expressed concern about the incidents past closing time. She saw a pattern of being too relaxed and wants to see that changed. She pointed out to Mr. & Mrs. Brown that it is their responsibility to ensure that no one leaves inebriated and drives and that this requires a high level of attention.
Voted - to suspend the Restaurant Common Victualler License All Alcoholic Beverages License of BE&E Inc, d/b/a The Snug, Ellen Nally Brown, Manager, 114 North Street, for a three day period effective May 20 through May 22, 2009.
Snug/Selectmen Agreement Mr. & Mrs. Brown agreed to the following agreement to be signed by Mr. & Mrs. Brown and the Board of Selectmen:
1. The vote of the three day suspension effective May 20 through May 22, 2009.
2. The manager on duty must call the Hingham Police Department each night at closing
time and confirm prompt closing for the evening with any substantial cleaning to occur the next day.
3. All full time servers and on site managers and bartenders, as conforming with local
regulations, must attend an Alcohol Awareness Program within the next three months
and forward copies of the certificates to the Board of Selectmen.
4. Live Entertainment will cease at midnight and other music/stereo systems will cease at
12:30 AM.
5. That the license holder shall waive all rights of appeals from the Board of Selectmen
in this matter.
Voted - to approve the Marketing Plan prepared by the Hingham Downtown Association for distribution out of the office of the Town Planner when appropriate.
Voted - to grant the request of the Historic Districts Commission to consult counsel as submitted.
Voted - to approve a temporary liquor license to the South Shore Conservatory Parents Committee for a party to be held at Old Ship Parish Hall on May 29, 2009 from 5:30 PM to 8:00 PM
Voted - to appoint Ann Burnaby to the Hingham 375th Anniversary Committee.
Selectmen’s Reports – Mr. Rabuffo reported he has been having discussions with Ms. Lacy, Town Planner with regard to proposed development in South Hingham. There are lots of different ideas are under consideration for Recreation Park Road. He has also met with Thaxter Park Housing and said the discussions to replace the boilers are actively moving forward. A meeting is set for June and Senator Hedlund and Representative Garrity have promised assistance in this matter. Ms. Burns attended an expanding generation event at Linden Ponds. A video was produced by Hingham High school students and senior citizens reminiscing about events that taught life time experiences. This was funded in part by a Verizon Grant and Verizon was pleased with video. Ms. Burns hopes to get a number of people who might become active in an access studio. She also attended a Historical Society display of wonderful things that usually are not on display and hopes to be able to see them all.
Adjourned: 9:05 PM Marilyn Harrington
Clerk pro tem
.