Back to Board of Selectmen Meeting Minutes
April 6, 2010
Regular Session 7:10 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
There were no questions from the public.
Public Hearing on the Transfer and Change of Location or the Restaurant Common Victualler All Alcoholic Beverages License
Mr. Tocchio explained that with the creation of Shipyard Drive the addresses have changed. The building in question is on the water across from the cinema. There will be 24 outside seats seasonally. The proposed hours of operation are 11:00 am – 11:30 pm. The staff will undergo TIPS training and will not serve alcoholic beverages until the training is completed. New staff will be accompanied by a supervisor until such time as the training is complete.
Voted - to approve the transfer and change of location of the Restaurant All Alcoholic Beverages License of Samuels & Associates Hingham, LLC d/b/a Samuels & Associates Development, LLC, Larry Guilmette, Manager, 349 Lincoln Street to Shipyard Ventures, LLC, d/b/a Alma Nove, 22 Shipyard Drive, Paul Wahlberg, Manager, subject to the approval of the ABCC and all town boards. (Premises include seasonal patio)
Voted - to approve the request of Shipyard Ventures LLC to pledge their license to Samuels and Associates Hingham, LLC.
Request of Commissioner Dolan for a waiver on her business relationship with the Town
Ms. Dolan explained that she is a Recreation Commissioner and would also like to continue a business relationship with the town. Ms. Dolan said she would like to work for the Recreation Commission without reporting to Mark Thorell. Ms. Burns said she had originally floated the idea of trying to find an alternative arrangement. Mr. Rabuffo said that this gave the impression that something unethical was going on. He made it clear that while he did not feel that anything untoward was going on, it gave the wrong impression. Mr. Riley concurred that Ms. Dolan was a fine trainer and a great commissioner and there was no question of her integrity. Ms. Dolan said that having gone to the State Ethics Commission and the town counsel and received a response was that it was fine makes her question why the Board would not vote to grant her an exemption. She said that there are exemptions for other people in town.
Mr. Riley said that the existing conditions were in place long before the present Board was made aware of the issue by Mr. Rabuffo.
Ms. Dolan said her status as an independent contractor removed the conflict of interest. Ms. Burns responded that there is a perception of a conflict of interest. Town counsel’s opinion was that there was a conflict of interest. The conflict exists because the Board on which she serves as an elected official employs independent contractors and she is one of those contractors, which creates the conflict. The only way to cure the problem is to have the Board of Selectmen make a finding that the conflict is such that it is so insignificant that it has no bearing. Since this situation developed two other members of other boards in Town resigned their compensated positions. Ms. Burns said that It is unfortunate that good people are forced to make these choices. The law is clear that there is no liability to the Town, it is on the individual. If this arrangement had persisted a complaint could have been lodged and put Ms. Dolan in financial jeopardy. Ms. Burns said that the letter from the Ethics commission presented to the Board was for a case of renting space from the commission – that does not describe the arrangement. Ms. Dolan does not pay rent to the town; the town pays Ms. Dolan for services. Town Counsel there was a conflict. Ms. Dolan disagreed.
Fred Hills said he met with some other interested parties about the fitness room situation and, in their view, it was advisable to formulate a petition and submit it this evening. There are 82 signatures on the petition. Mr. Hills pointed out that Ms. Dolan is a certified professional trainer and has provided services for three years and recently suspended these activities. He said she is an Independent contractor, not an employee, and a review by the Ethics Commission said there would be no conflict if the Board of Selectmen voted an exemption. Mr. Hills presented the petition to the Board.
Mr. Paicos noted that only the commission on which she sits or the recreation director who reports to her can grant that contract. Mr. Jones said that Ms. Dolan has been a tremendous asset to the Commission. He said that the Board of Selectmen said they would work with her but no one has worked with her. Mr. Keyes suggested that if Ms. Dolan worked for an independent company that employed her , the company could contract with the Recreation Commission.
Chamber of Commerce Report
Mr. Kelsch President of the Farm Hills Association, advised the Board that the biggest concerns the neighbors had about the Chamber’s report on South Hingham were public safety, traffic, aesthetic issues
and mitigation of effects in the area. He noted that areas of Derby Street from Exit 16 to Whiting Street should be zoned residential and the Town is not looking to rezone – so this is a problem. He also recommended exploring a connection to Pleasant Street in Weymouth. Mr. Kelsch did say that there are very positive plans to increase development where it is zoned for development.
Mr. Rabuffo said that prior to this meeting with the neighborhood and the questions were addressed and there is a firm intention to remain in dialogue. Mr. Riley agreed that there is a lot in the report of the South Shore Chamber that would not be his opinion of what is important. This reflects what the Chamber thought was important. Mr. Riley said one of the last things he sat in on as a member of the Planning Board was the Blue Cross Blue Shield building. There was great concern about traffic and the analysis showed that the majority of the traffic would come off Route 3. That is why the emphasis to get the state involved in improvements at the Derby Street interchange. Mr. Kelsch noted that AW Perry involved the neighbors in the Blue Cross Blue Shield process from early on.
Farmers’ Market
The Square Market, as they would like to be called, is interested in involving the entire community in the market downtown. Last year the market ran from 10-2 and although people were generally supportive of the market there was considerable feedback from people. Parking is an issue in the downtown. Instead of closing lower Main Street they considered using the one way portion of South Street but it was felt that with construction on North Street and the build out of the Hingham Institution for Savings this was not a good plan. So, it was decided the optimal solution would be to confine the market to the tunnel cap. It is felt that a picturesque and effective market could be held in the area of the tunnel cap between Main Street and South Street. It was also noted that the artist in the square promotion last year and the music brought a lot of positive energy to the square.
Voted - to grant permission to the Farmers’ Market to hold markets on the tunnel cap between Main and South Streets on Wednesdays from 2:00 – 6:00 pm for the season extending from June 16 through October 13, 2010. It is understood that vendors will park in the Station Street parking lot.
Deputy Town Administrator Positions
Over the past year the Board has looked at the organizational structure of the town. It is felt that the
Town Administrator has too many direct reports. Currently he has close to 18 direct reports; the optimal number is eight. The position of Assistant Town Administrator is a catchall and the Finance Director has had for a long time had a role beyond that of a finance director.
Under the proposed direct reports to the Town Administrator would be the two Deputy Town Administrators, Police and Fire Chiefs, the Director of Community Planning, The Superintendent of the Department of Public Works, the Projects Engineer and guidance to the Library Director.
Town Administrator Annual Performance Review
The Town Administrators performance evaluation is private but there is a new court decision that indicates the courts require that the discussion of evaluation begin in public and then the Board can go into executive session to complete the process. The Board reviewed Mr. Paicos’ progress on goals:
Goals and Objectives
1. Recruit DPW Director – completed
2. Prepare DPW reorganization plan – complete (in process – Mr. Rabuffo)
3. Regional dispatch project – in process - would not be so far along without Kevin
4. Create new budgeting framework and identify unfunded costs and get them in budget – Mr. Rabuffo said this is more than identifying unfunded issues but more how to start the process with an eye to making improvements. He noted that the process has not changed in over a decade.
5. Create new health insurance joint purchasing agreement - in process. The work involved n bringing things to a point where the Board can endorse and unions will be involved is going on.
6. Draft energy performance contract Request for Proposals – direction from the Board needed
7. South Shore Country Club Caterer RFP – complete
8. Property Casualty Insurance bid – in progress
9. Create merit bonus pay plan – the committee report is to be given to Mr. Paicos KP by the end of month and a draft to Board by mid-May
10. Budget Dollars program – drafted –to be presented in May
11. Reorganization plan for executive office – on going
12. Research grants for public housing furnaces – partially done
13. Sick leave abuse review – one department done and others in process
14. Assist Board of Selectmen with Policy Book and Code of Conduct review – redrafting policies but Board has not reviewed
15. Create overtime review for departments – in process in various departments.
16. Stabilize Hersey House – structural report received.
17. Conduct department fee review – the last piece is coming from Fire Department.
18. Update emergency response plan – on track
19. Conduct inspection depart reorganization – complete.
Selectmen and Town Administrator Reports
Mr. Paicos requested that the Board declare a state of emergency relative to the March rain events. There was significant damage to Triphammer Dam, the Bathing Beach and roads. This declaration will allow the Town to apply for emergency funds through the State.
Voted - to declare a state of emergency existed during the weather emergency that existed for the past three weeks in accordance with the state emergency.
Mr. Paicos advised that the Interns are polling of other communities about health insurance. He also reported that he will be out of the area for three weeks in the Army. He is asking for permission to return for town meeting. He said he had received a proposal from Albert Risk Management Consultants in the amount of $12,500 to bid the insurance. This is a two step process in which Mr. Paicos and the consultants will meet with the Board to discuss various options and after some choices are made the bid specifications would be put together and marketed. This could be issued in mid to late May and proposals would be due back by mid June. The consultant will return to present bid results in time for an August 1 implementation date. Mr. Paicos said the Town had great success in scrubbing out $100,000 last year and there should be another $30,000 – $40,000 in savings this year. Mr. Rabuffo will contact the other consultant.
Mr. Rabuffo said it would behoove the Board to have an update on the Ward Street Field issue. The Advisory Board will be discussing the matter soon. Mr. Riley said that the meeting on the two overlay districts went well. The meeting with the Farm Hills group went well also. Ms. Burns reported that she attended the 32nd graduation of the Citizens’ Police Academy. There is a very long waiting list for the academy at Linden Ponds. They cannot run them fast enough.
Voted - to sign the warrant for the 2010 Annual Town Meeting.
Voted - to authorize the airing of the League of Women Voters Candidates’ Night debates on the Government Channel since there is no public channel operating at this time.
Voted - to approve the scoreboard as proposed by the Sports Partnership for Lynch Field.
Voted - to grant a Common Victualler License to Panera Bread Bakery Café, #1390, One Shipyard Drive.
Voted - In recognition of the years Tom Hoffman has spent as serving as President of Hingham Sports Partnership and his dedication to youth sports in our town of Hingham, the Hingham Board of Selectmen hereby proclaim April 11, 2010 as Tom Hoffman Day.
Voted - To proclaim April 30, 2010 as Arbor Day in Hingham.
Voted - to approve a temporary liquor license to Connarcht Peterson for a fundraiser to be held at the South Shore Conservatory on May 8, 2010.
Voted, by roll call vote - to adjourn to executive session for purpose contract negotiations and not to return to open session this evening.
Mr. Rabuffo – yes, Mr. Riley – yes, Ms. Burns – yes.
Open session adjourned.
Betty Foley, Clerk