Back to Board of Selectmen Meeting Minutes
May 26, 2009
Regular Session 7:30 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
Ms. Richards spoke on behalf of the Tunnel Cap Committee. She mentioned that last year the Department of Public Works watered the newly planted urns; this year the DPW is apparently unable to continue this practice. The urns have been planted and there is need to arrange a watering schedule. Many of the pyramidal boxwoods have died; Kennedy’s will be replanting those but watering must be arranged. Mr. Paicos will be following up on this matter.
Grant of Location on Thaxter Street for the Sewer Commission
Mr. Dow explained that there is currently a gap in the sewer line in Thaxter Street. The plan is to install a gravity line from Kent’s Lane up to house #60 Thaxter Street to close the existing gap.
Voted - to approve a Grant of Location to the Hingham Sewer Commission to install and maintain a sewer main on Thaxter Street in the vicinity of House # 37 to House #60, a distance of approximately 300 feet to connect to the existing gravity sewer line, subject to the stipulations of the Department of Public Works. This Grant of Location will cover the only section of Thaxter Street that is not on Town Sewer.
Open Space Plan
Mr. Prentiss explained that Conservation Commission is required to produce a five year open space and recreation report. This report makes the town eligible for conservation funds and other grant opportunities. This report is the culmination of efforts of many agencies and individuals. There have been comments received from the MAPC and the Planning Board. The goals and objectives listed in the document include the acquisition of conservation properties. In the Weir River watershed over a quarter of the surface is pavement, the goal would be to acquire more properties in the area to preserve green space. The total count of herring in the herring run by Foundry Pond is 14 – the Weymouth Back River count is 70,000.
Mr. Rabuffo requested more specific goals for property acquisition for coastal zone, the data for acquisition that the goals for reduction in the percentage of impermeable land be quantified. Mr. Riley asked if the Conservation Commission was in the position to acquire property on its own or if the relied most heavily on Community Preservation Funds. Mr. Prentiss said CPC is working quite well. In terms of gifts, the Town receives a significant amount of land over the course of the year – an additional parcel adjacent to More-Brewer Park, a parcel near Accord Brook. Once accepted, the Open Space Plan will be available at the library and in various town offices. Ms. Burns noted that the plan reflects the goals of the people of the town but that it seems a little light on recreation. Mr. Paicos asked if the Town had submitted a self help application this year. Mr. Prentiss said that there was nothing in at this time. The last grant was the TAG grant for Foundry Pond Dam in 1996 or in 1997.
Mr. Rabuffo suggested that Mr. Prentiss and he get together and answer the questions he raised prior to the Board endorsing the plan.
Naming Policy Committee
Ms. Burns said that last week the Board created a Naming Policy Committee. The Committee’s charge will include determining the master authority in town for naming playgrounds, parks and buildings, defining a policy for qualifications – should the person be living or dead, what is the contribution of the person? For example, the standard for naming a room within a building would be less than that for a larger building. An overall policy of what the Town requires, what qualifications and what the process is.
Ms. Burns suggested that the policy should be flexible enough to be modified. For example, if the policy requires that the person be deceased and something extraordinary comes about it may be desirable to modify the policy. The Committee will be charged with coming up with standards and the responsible party for naming the facility. An application process must be designed. The policy should allow the Board of Selectmen to delegate to another board to name a facility and a process for making exceptions. Many towns have a policy that once something has been named that name will never be changed. Mr. Rabuffo suggested that the committee look at what other towns have done. Carol Falvey asked who would be on the committee and who would be appointing members to that committee. Mr. Claypoole had recommended 3 to 5 members on the committee; some other citizens suggested a larger number.
Andy Shafter asked what would be the quick method of checks and balances for community input. Mr. Claypoole said the process should involve openness. It was an issue of openness. The committee that the selectmen appoint will be obligated to operate under the Open Meeting Law.
Dr. Eldredge asked what happens if there is a group of citizens who are not happy with the way the school naming went. The comment was made that Jim Toomey is one lawyer, is there another opinion. Ms. Burns said that Mr. Toomey is town counsel because he is specialist in municipal law. It is his job to defend the Board of Selectmen in case of a problem. If a Board decided not to take town counsel’s advice they would be putting town assets at risk. Mr. Rabuffo said the Mr. Toomey had indicated that this is most likely more of a political process than a legal question. Mr. Riley said that with the exception of the Lincoln School the Town has never taken a position on naming Town buildings and perhaps it was for political reasons. Those who are interested on serving on the committee should submit a talent bank application. The Board did not vote on any of these suggestions.
Harbor Planning Subcommittee
Katy Lacy reported that last spring the Planning Board held a goal setting session. The Harbor Development Committee, Trustees of the Bathing Beach and the Planning Board need to discuss whether there a preferred vision for the harbor/beach area, etc. Ms. Lacy said that this is a request for the Selectmen to create a committee comprised of representatives of the Harbor Development Committee, Bathing Beach Trustees, the Development and Industrial Commission and Planning Board. Last year there was an ad hoc parking committee and it developed considerable information on what group had authority to do what. This proposed committee would look at the property down at the harbor. This would not be reinventing the wheel. A lot of work has been done. Four suggested topic areas are: to identify goals, to see if there are visions of what we want the harbor to be, to see what short term things that can be done that makes sense and to determine the revenue potential. The request therefore is to create a subcommittee including stakeholder representatives and representation from the Selectmen and Town Administrator’s office.
Voted - to endorse the creation of a Harbor Planning Task Force to deal with a plan for the harbor with the chair of that group to be the Planning Board representative. The charge would be to create policy recommendations.
Cable Access Studio
Ms. Burns explained that the Town has signed agreements with both Comcast and Verizon and the Cable Committee has negotiated a significant sum of money to come to the Town to fund public access. The Committee’s plan is to create a cable TV access studio. The Board of Selectmen urged that the facility be a regional facility if at all possible. Mr. Rabuffo noted that he was not aware of this since it predated his tenure on the Board of Selectmen.
The contract is the result of the Committee work for the past two years. The Board had settled on a total of $400,000 in capital over two major payments and the matching of whatever Comcast paid beginning January 1, 2010. Mr. Conrad explained that it was necessary to get to Verizon first to get whatever leverage possible. After that, the
committee went to work on Comcast. Those negotiations resulted in $227,000 in capital,
the existing I-net and 4.5% for the first five years. This means a combined total $625,000 in capital and approx $4 million over 10 years. The Town received $10,000 from Verizon to run the event at Linden Ponds for the joint venture with seniors and students.
The Committee has projected studio expenses over a five year period. Capital pays for equipment, studio completion and initial operating expenses. The annual payments pay for the operating expenses. The Committee also arranged for acquisition of the equipment from the Comcast station in Norwell. The Schools have gone in and picked out what they needed and will pick it up the first week in July. Mr. Conrad said the proposed van will be pro bono or possibly through a sponsorship. He also noted that there have been preliminary discussions with other towns and there are pretty good indications that there is at least one, and possibly two, interested in a joint studio. The committee has secured a pro bono rental at the shipyard. The location will abut the planned waterfront restaurant.
Mr. Conrad said the timetable important. He noted that successful business development and programming ideas must begin. The creation of a Board of Directors and appointment of an executive director is the next step. This should happen as soon as possible. Then a technical person who would eventually become vice president of technical operations should be brought on in the fall and the appointment of a vice president of programming would come later. Each of those people would have a coordinator. The goals are local to citywide (Boston) or national such as a GBH or BUR situation. The scope would still be local and all that needs to be done for the town and the schools. There are no successful private enterprises doing this work that the committee is aware of.
Ms. Burns asked how this private non-profit group would be set up. Mr. Conrad said the Selectmen would set up incorporators who form an LLC. The incorporators then either disappear or continue on as directors of the studio. Mr. Rabuffo said was not aware this was on the agenda until this evening. I would like to back up and ask why the possibility of public vs. private was not explored and vetted. The structure being suggested would be dealing with $400,000 per year ($4 Million over 10 years.) There are issues around structure, issues around revenue and a discussion on extra revenue if the studio is successful. Who gets the money if there is extra revenue? Does it stay with the committee because it is a multi-town group? Mr. Rabuffo said he did not want to rush to judgment without much more discussion.
Mr. Conrad said there is a timeline and a lease needs to be signed if the Town wants to have a studio. Comcast is closing its studio a month from now. Mr. Paicos said he met with Mr. Conrad and Mr. Solomon. His key concerns are the governance issues and the financial issues. It was just assumed that it would be an LLC but the Board may want to look at a non-profit vs. an LLC. A locally incorporated LLC knows a community better. Once the Board of Selectmen appoints the incorporators and they appoint the Board of Directors, the Board of Selectmen is out of the loop. Mr. Paicos said he doesn’t know that there is any way to ameliorate that concern. He said that in other communities he has worked with the LLC model and it was quite successful. The other area of concern is that the Town would be a caretaker for the funds. At present there is no suggestion for the town to retain any percentage of those funds. It is entirely appropriate and the norm to retain some percentage of those funds. The opportunity is here for some tremendous programming. Mr. Paicos also noted that it is important for the town to have funds because it is the case that franchise monies can be spent on cable-related expenses. He said he heard it mentioned that there are some things that the town could use such as wiring rooms, the I-loop and the equipment to make it functional. The school has aging studios. He suggested the Board retain sufficient money to meet the Town’s need for public access and the schools need for equipment. There is plenty of money to meet both objectives of town/ school expenses and the studio. The Capital and annual operating budget should be adequate for both. Mr. Conrad replied there is no reason why, if there should be a profit, that it could not be split. There is nothing that cannot be negotiated with this agreement.
Mr. Riley said he would like to discuss this and get up to speed. He said this reminds him of the Lincoln School LLC and he knows what everyone went through to create that LLC. He also asked if the directors are to be compensated, by whom, how much?
Mr. Conrad reviewed the proposed formation of the LLC and the staffing. He said he would be willing to be the executive director. Mr. Conrad has spoken with a Comcast person who would be excellent as technical person. There are presently two channels, educational and government. With this new arrangement there will be three with the addition of a public channel which will build community resources and values. There is no money to be distributed to the town in the private set up over what they would get through the LLC format. Mr. Rabuffo compared this format to the PBS system which was government and a national network. He noted that programming is not inexpensive and it will cost o a lot of money
Ms. Burns said that originally she thought that this was something that would be a joint effort with other towns but if a statewide group does not already exist she expressed doubt if Hingham could “grow” it. She noted that Mr. Conrad thinks you can do a lot better by knowing the community. The Board does know that lots of towns function with this model – so a business plan can be done for this. The alternate model Mr. Rabuffo proposed would require a large group of towns.
Mr. Paicos suggested that the Board invite the entire Committee and special counsel to a meeting in the very near future. Mr. Rabuffo said that he wants to know what the alternatives are. Ms. Burns said her goal has been to get every room in town hall wired for live or taped broadcast. This is the first goal because the money belongs to the town of Hingham. We will have equipment then we would need to spend money to get people to do the taping. Ms. Burns noted that there is some level of investment for what will take place in this building because capital is needed here to bring things up to a minimum level.
Mr. Paicos advised the Board that it is within the purview of the Board to require pro forma statements and ask the license holders to appear before the Board. The Board decided to ask the license holders to appear, give a general overview and last year’s tax returns.
Voted - to reappoint the following to the Affordable Housing Trust for a two-year term expiring in 2011:
Laura M. Burns
James O’Brien
Gretchen Condon
Frederick Copeman, III
Voted - to appoint Scott Thompson McIsaac to the Conservation Commission for a three-year term expiring in 2012.
Voted - to approve the request of Lima Sports, Inc. d/b/a South Shore Sports Center, Laurindo Lima, Manager, 55 Recreation Park Drive, to pledge their Club Common Victualler All Alcoholic Beverages License.
Voted - to appoint Bryan Sweeney to the Harbor Development Committee for a three-year term ending in 2012.
Mr. Rabuffo said the Memorial Day celebration was a heartwarming experience. He remarked that Ms. Burns, Mr. O’Donnell and Mr. Paicos all made wonderful presentations. Ms. Burns said that next week there will be a discussion of the Code of Conduct and Mr. Paicos has developed a list of potential goals for discussion next week.
Meeting to adjourn 10:45 pm.
Betty Foley, Clerk