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Board of Selectmen - Meeting Minutes

August 18, 2009
Special Session 9:30 am
Mr. Rabuffo, Mr. Riley

The Board heard citizens concerns about the condition of Beal Street during the resurfacing project.

Ms. Burns joined the meeting.

Continuation of Public Hearing on an Easement/Grant of Location at 47 Free Street
Mr. Paicos advised the Board that there had been some discussion with the Light Plant as to whether an easement was necessary for the proposed underground electrical service or if a grant of location would be adequate to allow for the underground connection. Mr. Paicos suggested that the Board change its policy to give a grant of location rather than an easement. In the case of an easement the owner is given permission and indemnifies the town and holds it harmless. Mr. Tzimorangas said that Light Dept counsel had recommended the easement process rather than granting permanent rights to the property. The Board asked Mr. Paicos to follow up with Town Counsel on this proposed change.

Voted - to grant the petition of Allan Bora to install and maintain an underground electrical connection of 47 Free Street subject to the completion of the necessary forms and approval by Town Counsel.

Temporary Police Lieutenant and Sergeant
Chief Mills recommended that the Board appoint Darren MacAdams to the lieutenant vacancy and David Pettiti to fill the sergeant vacancy.

Voted - to appoint Darren MacAdams a full-time provisional police lieutenant.
Voted – to appoint David Pettiti a full-time temporary police sergeant.

Conservation Restrictions on CPC Properties
Mr. Paicos advised the Board that there is a little-known legal requirement that conservation restrictions be recorded on land acquired for open space purposes with Community Preservation funds. It is the unanimous recommendation of the Community Preservation Committee and the Conservation Commission that the Hingham Land Trust be the Town’s partner in restricting the land. The members of these committees felt that the Hingham Land Trust was better suited to this role than a regional or national organization. The Board suggested that members of the Hingham Land Trust be invited to a future meeting to explain the restrictions. The Board also expressed concerns about restricting the land to passive recreation when Community Preservation Committee funds are allowed to purchase lands for active recreation. The matter was continued to a future meeting.

Bottle Bill
The Town’s Long Range Solid Waste and Recycling Committee asked the Board to support the expanded bottle bill. The arguments against this expansion of the current bottle bill seem to center around what happens to the deposits that are not redeemed. Mr. Paicos commented that this seems to be good environmentalism and good business coming together. The incentive is that most people will redeem these bottles and the volume of bottles entering the waste stream will reduce dramatically. This will be cause a substantive reduction of labor at the recycling center. Wherever there is an expanded deposit policy the recycling rate is 65 -70%.

Voted - to sign a resolution in support of updating the Massachusetts bottle bill.

Request for Proposals, Historical Documents Preservation Project
Mr. Corcoran explained that there are many historical documents at the library and at other locations throughout the town. Town Meeting recently approved Community Preservation Funds for the creation of a multi-year master plan for the conservation and digitizing of these records and preservation of documents and artifacts. Mr. Corcoran explained that the employees who are working on this also work on the circulation desk. The participants are the Historical Society, Historical Commission, the Library, Town Clerk, Schools. Mr. Corcoran explained that this effort began in 2006. At that time it was unclear if documents and artifacts were eligible for Community Preservation Committee funding under the historic category. It was determined that there was precedent for this. Carolyn Daly contacted the Town of Sandwich who is doing a similar project and they are about one year ahead of Hingham. The plan is to look at grant sources that are out there as well as CPC funds. It was felt that a preservation specialist could help in writing a preservation survey and that this would advance the effort. Mr. Corcoran said that the Town has a basement full of documents that go back to before the revolution.

The total cost of this project would be about $40,000. Mr. Corcoran said the preservation survey will cost about $10,000. There is a balancing factor on when you preserve and when you digitize. This is a way to coordinate a plan for the researcher to find things. This is a long process it will not be completed in five years. Mr. Riley asked if the remaining $30,000 would be adequate for the project. Mr. Corcoran said that at the time the budget was determined it was vetted by consultants and people at the Board of Library Commissioners but there has been some time that has gone by.

Voted - to issue the RFP as outlined by the task force.

Dredging Discussion
Mr. Mooney explained that the State and Town are not responsible for dredging under private docks so those areas will be dredged only if the private owners opt to do so. The Harbor Task Force will have a discussion with the private owners to encourage them to participate. Mr. Mooney reported that the Barnstable program of frequent maintenance dredging has resulted in better shellfish life and more fin fish. He is recommending a change to frequent maintenance dredging for Hingham Harbor.

Award of Contract for Town Audit
Mr. Rabuffo said that last week he had advised the Board that the Audit Committee recommended Powers and Sullivan to perform the town audit. They have the largest number of triple A communities. Yesterday representatives of the firm came in and met with Mr. Rabuffo, Mr. Paicos and Mr. Alexiades and Powers and Sullivan lowered their price. Mr. Rabuffo said he had a private discussion with Jim Powers after the meeting. The Board is very interested in transparency and that while the normal contact should be with Ted Alexiades and Kevin Paicos it is possible to contact the Board directly if needed. There are a certain number of “tests” that the auditors will perform and if there are an unusual number of failures they will go further.

The firm has relatively extensive experience with an Audit Committee and they will forward information on the relationship to the Board and to the Advisory Committee. They recommend a membership of three to five. The information will be gathered and then there will be a discussion of what a permanent Audit Committee should look like. Mr. Rabuffo suggested that the auditors start by looking at the Finance Department.

There will be a management letter at the end of every year. If there is some glaring mistake there will be a public session with the Selectmen. Mr. Paicos said this is a great tool to make us stronger. George Alexakos of the temporary audit committee came in with an eight page color chart analyzing each proposal. The committee members were happy to hear that the audit firm selected as the best technical proposal lowered the price to be more competitive.

Voted - To award a three year contract for audit services to Powers and Sullivan at a cost of $66,000 per year.

Dog Hearing Procedure
Mr. Paicos advised the Board that ordinarily this type of hearing could be delegated to Chief. This is a more serious issue. In this situation the Board will read the letter which contains a list of charges and potential penalties. The Animal Control Officer will read her record of what happened. If there are witnesses they can make statements and if the party being charged wishes they can be represented by counsel. Mr. Paicos said that the more formal method is for Town counsel to put on the case and, given that this is the second biting incident and the likelihood that there will be some serious consequences, it may be advisable to have Town Counsel put on the case, and the Board can act as judge.

The Board voted by roll call vote to adjourn to executive session for purpose of discussion real estate matters and not to return to open session this evening.

Mr. Rabuffo – yes
Mr. Riley – yes
Ms. Burns - yes

Open session adjourned

Betty Foley, Clerk