Back to Board of Selectmen Meeting Minutes
September 17, 2009
Special Session 7:00 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
Questions from the public – lighting at Lynch Field
Marc Snyder said the lights that illuminate Lynch Field of Beal Street are a problem for his house. Mr. Snyder also would like to encourage the creation of an ordinance that would prevent this from happening in the future. Mr. Riley suggested that Mr. Snyder provide some of the information he referenced that is being used in New Jersey.
Public Hearing on Common Victualler All Alcoholic Beverages License for Sugar Shack
The tenant is proposing to convert the space formerly occupied by Talbots’ Mens and Kids to a restaurant and fish market. There will be a bar area and restaurant. The hours of operation are consistent with Burtons’. Mr. Riley and Mr. Rabuffo said they would like to take the matter under advisement until the meeting scheduled for next Tuesday. The Board advised that it is Town policy that all managers and serves be TIPS trained. Mr. White said that this will be a family restaurant and that the staff is very used to checking identification.
The Board said they would take this up at their meeting on the 22nd.
Voted - to approve the minutes of March 2, 3, 10, 11, 17 and 24, 2009.
Request for Counsel – Conservation Commission
Mr. Prentiss said there is a document that was developed as part of the development of a subdivision. The Conservation Commission would like Town Counsel to review it.
Voted – to grant request for Counsel as submitted by the Conservation Commission.
Obstruction to public access on Crow Point waterfront
Mr. Rabuffo explained that there are a number of people who are quite concerned about the lack of access along a section of the waterfront and the right to pass and re-pass along the right of way. Counsel for the individual who has blocked this right of way has requested that the Conservation Commission show that they have jurisdiction over this area. This dispute began about five years ago. The obstruction was ordered removed and it was followed by a chain link fence which was subsequently removed. Subsequently there was excessive planting to impede foot passage. Now the original obstruction has once again appeared. The Commission is continuing to work towards a resolution. Mr. Prentiss will again consult counsel on this issue.
Shipyard Flood Plain Map
Mr. Prentiss explained that FEMA has the flood maps for the entire country and Hingham has a lot of flood plains and issues. Lennar is moving some earth around and this type of change in the flood plain is not something the Town administers. What the Town tries to avoid is someone moving things in velocity zones that would move the water to someone else’s property. The first agency to take any action is the local conservation commission. In this case, the Conservation Commission is alerting the elected officials. The Board of Selectmen is being asked to sign a letter that they know what is going on.
Jed Lowry, representing Lennar, said the shipyard has undergone significant change. One of the largest changes is the filling in of the old shipways. The revetment has been graded and filled. A representative of Waldo and Associates, who worked at FEMA for several years, said he had determined the impact of filling the revetments. FEMA considers Hingham to be a partner in managing development in flood plains. Since this will be a change to the Town’s map FEMA requires the signature of a local official with responsibility for flood plains. The company has met the technical standards that have been set forth.
Voted - to sign the Conditional Letter of Map Revision (CLMR-F) based on fill application to be filed with FEMA to revise the location of the 100 year flood elevation for the Hewitt’s Landing portion of the Hingham Shipyard, owned by Lennar Urban Northeast Division.
Beal Street Traffic Light
Ms. Burns reported that along with the improvements and traffic calming measures on Beal Street there was an agreement that the traffic light be installed at the intersection of Sgt. Terry Drive and Beal Street.
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The 2003 Special Permit required the payment of $500,000 for traffic improvements and $200,000 for a traffic light. There was a traffic study done after that. At this time the location does meet one of the warrants during peak traffic flows. The traffic engineers for the shipyard developers feel that it is unlikely that the warrants will ever be met. The Town’s traffic engineer feels that the warrants will be met after full build out. Mr. Paicos said it would be his suggestion to stick to the $200,000 price and not accept a lesser figure that is being offered now.
Mr. Rabuffo said a second option is the developers give the Town the money ( they think it would cost $150,000) and then they would bond the inflation cost or sign an agreement that when and if the light is put in they will give the Town another $50,000. Mr. Riley said it was his opinion that at least the underground piping should be in. He recommended sticking to the $200,000 number.
Mr. Paicos suggested $150,000 now in cash and an agreement for the remaining $50,000 later, with an inflator. The Board reached consensus on this proposal.
Selectmen’s Code of Conduct
Ms. Burns noted that the Board had edited and approved the Code of Conduct except for Section 4b.
Mr. Rabuffo said when he looked at it there were too many words. Hingham has an unchartered form of government. He said he tried to get the essence of the original draft and get it down to fewer words to capture the spirit and intent of that. He said this is a concept of behavior that Board is trying to encourage among the three selectmen and their successors. His concern was that there are too many words that are too restrictive. The Board is a trustworthy group and Mr. Rabuffo said he is suggesting setting a tone without so many rules. The original document focused exclusively on the relationship with the town administrator. He said he gets nervous when there are so many rules that box in the Board. Mr. Rabuffo said that the original draft left him more and more confused as to what he could and could not do. His intent was to set a tone as opposed to specific legal terminology. He proposed a different draft.
Mr. Riley said he shared Mr. Rabuffo’s concern that the code of conduct is somewhat cumbersome and he agrees that there are things in place governing what you can do after you raise your hand and take the oath office. He also said he would like to think about it a little bit but he does like the shortening up of the code.
Ms. Burns said she comes down in a very different place. She feels the opposite. Because there is an unchartered form of government it is helpful to everyone to be more specific as to expectations. It is hard for everyone to operate where there are no specific ideas as to expectations. As to Mr. Rabuffo’s proposed document, Ms. Burns said that these things go without saying and it doesn’t add anything. The Board could decide it does not want a code of conduct. Mr. Rabuffo asked how he could talk to a town employee. The code of conduct says that he would have to tell the Town Administrator. Recently employees have come up to Mr. Rabuffo and confided information to him that he doesn’t want to share with the Town Administrator. He said he also has trouble with other parts of the code. There are too many words on a piece of paper. Mr. Riley said he shared Mr. Rabuffo’s concerns. Although the Board has an administrator and assistant administrator he feels that by boxing the Board in it makes him feel that he is not able to do what he was elected me to do. He said he was not sure how to get beyond that.
Mr. Paicos said the Board has to adopt a code that reflects their wishes as to how to conduct business. The existing code caused the Board to give up some authority and it set up a framework that was like a mini charter. The newer code Mr. Rabuffo drafted creates a much freer range and lessens any constraints on the Board. The revised code reflects a very different Board. Mr. Rabuffo noted that Mr. Paicos said that the Board had imposed restrictions that were like a charter. He said he has come to value Tom O’Donnell’s view of town meeting and the open discussion that it engenders. Ms. Burns said that this is one of the first things she participated when she came on the Board. Over the course of the last year or two she has had reason to go back and look at this and see how she wanted to behave. Her question is, where are the lines based on the more recent draft?
Mr. Riley suggested that perhaps the Board should get input from citizens about a charter if it is going to box itself in.
No action was taken on Mr. Rabuffo’s proposed charter.
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Economic Development
Mr. Paicos reported that meetings have taken place with HDIC and the Planning Board about development in South Hingham. The word has been put out to the business community that the Town is anxious to promote development in the South Hingham district. Revenue has dropped off and the Town can no longer afford the employees and services that we had.
There are three specific proposals for South Hingham: Bristol Bros have indicated a great interest in development of the large parcel on Derby Street, the Planning Board has been approached by someone who wants to build a 60,000 sq. ft warehouse, and the third proposal is for a very large Medical Office building in the A. W. Perry industrial park. Mr. Paicos said it is very good news that these things are out there. The fact that they are in the pipeline says that there is some stabilization as to our declining revenue – help is on the way. The key thing is going to be sewerage. There is money for traffic impact analysis; the water supply is ok; and the distribution system can be solved. The severely limiting factor is sewer. MWRA will not engage in discussions until the Town decides what its policy is. When that policy is decided, the MWRA had made it clear that they can accommodate the Town’s needs. The closest MWRA force main is a mile and a half from the Town border. Sewerage would have to pass through the Weymouth system to get to the force main. The good news is that Weymouth is receptive. The proponents of the medical office building have given the town 8 months to get this solved or they will go elsewhere.
Ward Street Fields
Mr. Rabuffo reported that the fields group has agreed to examine the possibility of artificial turf field at the Ward St complex. An individual has offered $1.5 million for development of the fields. The remaining million would be raised through private donations. This is just in the exploration phase, no commitment has been made. There will be a meeting on Sept. 28 to begin this exploration.
The Board voted by roll call vote to go into executive session to discuss real estate and contract negotiations and not return to open session.
Mr. Rabuffo, yes Mr. Riley, yes Ms. Burns – yes
Betty Foley, clerk