Back to Board of Selectmen Meeting Minutes
Regular Meeting
September 22, 2009 @ 7:30 PM
Ms. Burns, Mr. Rabuffo, Mr. Riley
Voted, to approve the minutes of April 7, 14, and 27, 2009.
Questions from the Public – Mr. Hersey asked why there was a designated parking spot at Lynch Field, which he felt was intimidating. The Selectmen explained that the only designated parking spots according to our by-laws were for the handicapped. The Board was unaware of this sign and asked the Town Administrator to check into it.
Sick Leave Abuse Program – Mr. Paicos reported in the study of sick time usage. Some abuse was found in a few departments. Cumulatively, for 2008, the average per-employee use of sick leave is 59.6 hours per year. This included the Family Medical Leave Act absences, which tend to be longer because of serious illness. After extracting out the FMLA hours out of the calculation it drops to 44.93 hours or about 5 days a year which is within the national average of 49.92.
Mr. Paicos also noted that Town Hall and Police Department employees were both outstanding in attendance. Out of 233 general government employees, 40 employees had not taken any sick hours and 88 employees had 24 hours. Almost half the workforce had less than 2 days, which he felt was remarkable. The Department of Public Works had the highest average usage. The reporting mechanism there is inefficient. Mr. Paicos advised he is working with the Sewer Commission Chairman to address the issue in the Sewer Department. The Library is just below the town-wide average with room for improvement.
The Police Department has a great program which Deputy Chief Durant developed. This program will be transported to other departments. The departments with high absenteeism will be monitored continually. Mr. Basler, Human Resources Director, has been working with department heads, auditing and teaching them how to recognize abuse patterns.
Building Inspection Fees Increases – Mr. Paicos explained that the interns have done a survey on the fee schedule for every department. They have compared our fees to other towns trying to strike a balance that would make the town’s fees not the highest, but near the top, to bring new revenue into the town. As a result, the Acting Building Commissioner offered a proposal to increase the Building Permit Fees, Plumbing & Gas Permit Fees, and the Electrical Fees. The Selectmen decided to take this matter under advisement as they had just received this proposal and needed time digest it. Mark Grylls, the Acting Building Commissioner will be requested to attend the next Selectmen’s meeting to address any specific questions the Board may have
concerning inspection and re-inspection fees.
Continuation of Public Hearing on the application of Shack Foods of America, LLC d/b/a Summer Shack, 96 Derby Street, Jasper White, Manager for a Restaurant Common Victualler All Alcoholic Beverages License. This application was originally heard at the September 17th meeting and was taken under advisement for further review. Mr. Rabuffo said he did get a chance to pursue further the information given by the LLC and he is now satisfied. Ms. Burns and Mr. Riley were also satisfied.
Voted - approve the application of Shack Foods of America, LLC d/b/a Summer
Shack of America, 96 Derby Street, Unit 325, Jasper White, Manager for a
Restaurant Common Victualler All Alcoholic Beverages License, subject to the approval of the ABCC, all Town Boards, and in accordance with the plan submitted.
Selectmen’s Reports –
Mr. Rabuffo reported he attended the “soft opening” of the Hingham Shipyard, which was a great event, and he wished them well as they continue their expansion. During the course of that event he met Senator Hedlund and Representative Bradley and was advised
that the August numbers were not very good, as they were $189 million off the estimate of state revenues. Mr.Paicos advised this means local aid will be targeted.
Mr. Rabuffo also had an update for the Board concerning Fire Protection Standpipe Systems By-Law. He said compliance has occurred except in one instance, Hingham Shipyard Marinas. The Fire Chief after working with him to no avail, and having been ignored, the Fire Chief has filed court charges.
Mr. Riley reported he also attended the “soft opening” at the Shipyard. It was very well attended and he was pleased to hear that 75% of the store leases are filled. The Grand Opening will be held next spring.
Ms. Burns brought the Board up to speed on a proposal relative to the Selectmen’s parcel that was designated by town meeting for development of affordable housing. The state of the economy has prevented forward motion on the project, as state funding subsidies dried up. The Trust has been waiting for the economy to turn around and in the meantime the Trust has concluded that the town would be better served if it went ahead and did the permitting process which would allow them to be able to hand an approved project to a developer. It would then be worth more money and the town would get the project designed exactly the way it wanted it. Since the Housing Authority parcel is contiguous with the Selectmen’s parcel and they ultimately plan to develop affordable housing there, the Trust invited the Housing Authority to join in this process. The Trust offered a memorandum of understanding to the Housing Authority as a way to memorialize an agreement to seek permitting together. Ultimately, the Housing Authority voted not to enter into such an agreement on the advice of their attorney. The Trust is now focused on creating a draft RFQ for a consultant to design and engineer the project and to carry it through the permitting process. When the project is ultimately ready to go out to bid, this team would not be eligible to bid on the project, but would instead represent the town’s interest in the negotiations with potential devevlopers.
The Trust will be bringing this proposal to the Board of Selectmen for endorsement. Mr. Riley and Mr. Rabuffo thought this concept seemed like a good idea and there would be a more thorough review when the proposal was received from the Trust.
Policy on the Processing of Alleged Liquor Violations – Mr. Paicos said he worked with Counsel for the Town, the Police Chief, Marilyn Harrington and Betty Foley to develop this policy presented tonight. This procedure was used for the last hearing and worked out well. The Police Chief will be responsible to see that his officers make him aware of any violations when they happen. If the Chief decides that informal action is required, he may take whatever steps he believes are necessary to the license holder. If the Police Chief feels a public hearing is warranted he may refer the matter, via written memo, to the Town Administrator, with a copy to counsel. Hearings will be conducted by the Chairman of the Board of Selectmen or his/her designee.
Voted - to adopt the Board of Selectmen’s Policy on the Processing of Alleged
Liquor Violations. (Please refer to the Board of Selectmen’s Policy Manual for entire procedure).
Harbor Dredging Bids – Mr. Paicos advised that Burnham Associates bid $1,778,275 and Jay Cashman, Inc. bid $1, 844,600. The engineer’s estimate for this project was $3,679,200. 75% of this project is funded through the Rivers and Harbor Program within the Division of Waterways in the Department of the Conservation and Recreation.
Mr. Riley said that a couple of the independent marina owners asked whether or not the town would enter into an agreement to have their areas dredged. Mr. Paicos said they cannot do that. The State will allow private entities to make an agreement with the dredging company to take advantage of the Town’s price, but the Town cannot fund an agreement with private entities. They must make private arrangements with the vendor.
Voted - to award the bid submitted by Burnham Associates Inc, 14 Franklin Street, Salem, MA, the low bidder in the amount of $1,778,275, for the purpose of dredging Hingham Harbor.
Town Hall Railings - Mr. Paicos, Town Administrator, mentioned that a letter was received from Bruce Kelly regarding the wide spacing of the balustrades in the banisters at Town Hall. Mr. Kelly had written that while attending a recent flu clinic he witnessed children playing on the stairs and was very concerned for their safety. According to Mr.
Kelly, the parents were either on their cell phones or talking to each other. Mr. Paicos explained that a variance was given to the Town in 1995 for rehabbing this building by the Architectural Access Board. This variance specifically provided for allowing the
existing handrails to be permitted even though they are not consistent with the code. Because they are historic in nature, they were specifically exempted in the special permit, and that addresses the legality of the banisters. Mr. Paicos said that it would be the Board’s call to make this decision, but it would cost a great deal of money.
Mr. Riley said he understood from reading the letter and from talking to people that were there, that the issue is that the people who brought their children with them, were not supervising their children, and they were running where ever they wanted to. He thought the next time the town conducts a clinic; it should be made clear that they don’t bring any children, unless they take charge of them. Mr. Rabuffo said the issue that came to him when he read the letter that it is an unsafe condition, maybe the children were not supervised properly, but that the condition was unsafe.
Ms. Burns wondered if arrangements could be made, that when we do have an event like this, that there be a temporary arrangement for covering the railings with mesh or something. She requested Mr. Paicos to write to Mr. Kelly saying we will ask the Public Health Department to monitor these events. She thought usually inoculations don’t involve children and this was an unusual situation.
Selectmen’s Code of Conduct – Mr. Rabuffo asked Mr. Paicos if Easton and Ashburnham had a code of conduct. Mr. Paicos replied no, that both of these towns were under a Charter. He also said that some towns do have a code of conduct but they are not as encompassing as Hingham’s. Mr. Riley advised he still was not ready to vote on the revised code as he felt it was too restrictive and felt boxed in. Ms. Burns pointed out that there is a Code of Conduct in place which is meant to reflect what our Board currently thinks, and if this Board does not think that it makes sense, maybe it should be repealed. Mr. Rabuffo said he would be willing to do that because the three Selectmen can’t seem to agree with the proposed revisions. Mr. Rabuffo said his biggest concern is that we are creating a Charter without the Town saying so. Ms. Burns that the Board of Selectmen can make changes to its code, unlike a Charter, and in the absence of a Charter it is up to the Board to decide how it is going to conduct its business. Mr. Riley thought that having a Code of Conduct brings us backwards and this revision is just too restrictive. He said we need to communicate with our Department Heads without fear of being accused of undermining something. Mr. Riley and Mr. Rabuffo did not want to be put in a position of going through the Town Administrator and not being able to deal with employees and
Department Heads. Mr. Rabuffo made a motion to rescind the present Board of
Selectmen’s Code of Conduct. He thought all it needs to say that the Selectmen have a mutual trust of each other.
Mr. Riley seconded the motion and it was voted
Yes - Mr. Riley - to dissolve the existing code with the understanding to modify or replace it.
Yes – Mr. Rabuffo – to dissolve the existing code with the understanding that we will continue to work with on this until we come to an agreement.
No – Ms. Burns
On a roll call vote it was voted to adjourn to Executive Session and not return to Open Session to discuss collective bargaining.
Yes - Ms. Burns
Yes – Mr. Rabuffo
Yes – Mr. Riley
Regular session adjourned: 9:25 PM
Marilyn Harrington
Clerk pro tem