Back to Board of Selectmen Meeting Minutes
July 29, 2010
Regular Session 7:00 pm
Mr. Rabuffo, Mr. Riley, Ms. Burns
Questions from the Public
Mr. Watson asked the Board to take a position on the legislation that would abolish 40B. He said that, in his opinion, the program has worked overall.
Public Hearing – Shipyard Ventures Alteration of Premises
Mr. Tocchio explained that the prior plan for Shipyard Ventures d/b/a Alma Nove showed only a portion of the patio. This request for alteration of the premises also includes the request for a seasonal temporary service bar on the north side of the patio. Mr. Tocchio said the intent is that the service bar would be wheeled out when in use and then wheeled back into the building. It has to be brought in every night at the close of business. The outside service closes at 1:00 a.m. and last call is 12:30 a.m.
Voted - to approve the request of Shipyard Ventures, LLC d/b/a Alma Nove, 22 Shipyard Drive, to alter the premises as follows:
(1) Installation of a temporary seasonal outdoor service bar on the north side of the patio resulting in a reduction of the number of seats in that area from 24 to 20; and
(2) Addition of 16 new temporary seasonal seats on the west side of the patio area,
resulting in a net gain of 12 seasonal seats. This request is subject to the approval of the ABCC.
Mr. Tocchio informed the Board that there is also a big event coming up next week. The Boston movie premier of “The Other Guy” is scheduled for next Tuesday evening. The event is in fact a charitable event to raise money for the Mark Wahlberg Foundation. The organizers are requesting that live entertainment be permitted to extend beyond the time allowed in the ZBA decision. This permission is normally at the discretion of the Zoning Administrator but, in this case, Ms. Letizia Eddy has requested the Board’ s input. Mr. Tocchio suggested that the amplified music be allowed until midnight and a reduced volume “wind down” music be allowed from midnight to 1 a.m.
Voted - to close a portion of Shipyard Drive from #15 to #25 on August 3, 2010 for Premier of the Movie “The Other Guys”, from 3:00 pm to 1:00 a.m. (A police detail will be provided)
Voted - to amend the August 3 temporary liquor license previously issued to Samuels & Associations Hingham Events LLC from the original tent area to the shipyard amphitheater area for one night only and change for beer and wine to all alcoholic.
The consensus of the Board was to recommend to the Zoning Administrator that amplified music be permitted until midnight with a softer dinner music from 12 - 1 am.
Financial Policy
Mr. Manning said the current Advisory Committee took a look at the Financial Policy which was adopted in 1993 and has been tweaked a couple of times since. The newly formed Audit Committee is incorporated into the section on financial management. The policy also states that the Town should strive to maintain a fund balance of no less than 14% and not more than 18% of expenditures. Currently the town is under 10% in reserves. Initially the Advisory Committee was looking at the 16 – 20% range but after a lively discussion it was brought back to 14-18%. Mr. Paicos noted that an important town practice requires that revolving funds and enterprise funds pay for the benefits of those departments should be highlighted.
The section that deals with capital outlay states that for any fiscal year capital outlay should be limited to a certain percentage (3-5%) and that there should be a five year plan. Mr. Rabuffo suggested including some consideration for donated items such as the proposed Ward Street Fields or smartboards which will eventually need replacement. Mr. Alexiades remarked that these policies are guidelines, not by-laws. He noted that debt service is an example – it was known that the town was going to exceed the guideline but there was a plan to bring things back into compliance. This was not a mistake, it was intentional. Debt service was initially limited to 5% the recommendation is to raise that to 7.5% of expenditures. Mr. Paicos suggested that language be added to say that this is to reduce the need for long term borrowing.
The Advisory Committee has already voted to adopt the revised policy. It was suggested that this be presented to the Capital Outlay Committee in addition to the Selectmen and School Committee.
Ms. Burns said she was pleased to see the fund balance recommendations were what she had in mind. She was also pleased to see that the recommendation was that capital expenditures be made through operating revenue or borrowing and not the use of fund balance. Mr. Rabuffo suggested it might be useful to have another discussion with our financial advisor.
Management Letter
Mr. Alexiades said that the Board of Selectmen had formed an Audit Committee prior to the adoption of a by-law. The permanent Audit Committee has now been appointed. The Audit firm has issued a final management letter there are recommendations; next year’s audit report will detail progress on those recommendations.
Voted - to accept the management letter as submitted.
Selectmen Reports
Ms. Burns said that last year she had attended the regionalization conference with Ms. Lacy and Ms. Foley. The second conference, scheduled for September 2, looks quite interesting in particular the pros and cons of using a host agency. Mr. Rabuffo, Mr. Alexiades and one other person will attend this year. County Commissioner Jack Riordon would like to come and give a different perspective on the role of the County than that previously given. A citizen recently made a suggestion regarding the possibility of toxic waste coming through the commercial scale. It was suggested that a waiver be designed that would have to be signed saying that if toxic waste was found in what the person/business brought in the person who brought the waste would take over the liability for this. Mr. Sylvester said that although the rules and regulations state that the transfer station does not accept toxic waste and there would be penalties, the rules do not say that the entity would take on the liability. C & D goes to New England Recycling and it is inspected there. The Town has never had a situation where a toxic substance had gotten into the containers. Mr. Sylvester noted it is just as likely that such material could come from a resident as well as a commercial entity.
Mr. Riley said the Community Preservation Committee had its first meeting of the business year. The deadline for Community Preservation project applications is October 15th.
Mr. Rabuffo attended a planning session for Elder Services to review the programs they are planning on updating, etc. He also noted that there are two appointments to be made to the Library Board of Trustees as well as appointments to the Historical Commission and the Community Preservation Committee.
National Grid Agreement
Mr. Rabuffo said there have been a series of discussions on National Grid relative to the procedures for a new installation. This resulted in a discussion of whether a new customer connection is a street opening or a grant of location. Roger Fernandes said the Town rewrote the street opening guidelines and requirements and they were voted by the Selectmen about a year ago. The restoration guidelines were detailed and they comply with the DPU guidelines. There are been a series of discussions and a draft agreement was put together to outline the responsibility of each party. North Street was to be the example. There were a few problems such as the contractor with whom National grid has an agreement. Mr. Toomey said there are two statutes - one says that the gas company is required to put the street in as good repair as when opened; the second statute refers to the ability of the Board to regulate the utilities.
Mr. Toomey explained that the state supreme court said these statues are subservient to the utility regulations. Somerville required certain materials and methods and the state supreme court said the city or town does not have the authority to regulate when there is an overriding state guideline. The City of Newton had an application fee and an inspection fee the court threw that out. The most recent case is one in Wilmington that required the street needed to be repaved gutter to gutter. The ruling was that a municipality can only require the roadway be in as good repair as when it was opened and failure to do so constitutes a nuisance. The ability to regulate this has been thwarted at every turn. The approach that Mr. Toomey suggested was to set up a process of a walkthrough. The issue of removal when a line is being replaced is more difficult. What to do in the case of a single home connection to an existing main is another issue since the DPU does not have firm regulations that address an opening for a single service.
Mr. Rabuffo commented that NationalGrid doesn’t want problems and doesn’t want precedent. He also said that connecting a resident through the public right of way should result in the restoration of the roadway to the condition prior to the opening.
Mr. Toomey said the essential difference is that a street opening permit is done at the department level. The grant of location requires notices, board meetings, etc. and really relates more to the coordinating use of public ways and public safety. Mr. Riley pointed out that cities seem to have more ability to regulate this than towns. He noted that the City of Boston has its own contractor do the resurfacing, not the utility to insure the quality of the work. Mr. Riley suggested a guarantee that the restoration would last longer than a year.
Mr. Fernandes said the gas main on North Street will be in during the next week and half. Within the next three weeks we should be able to say what we ended up with and what the difficulties are. Mr. Paicos said the reason for making this a grant of location rather than a street opening permit is to make this more cumbersome. He noted that it does make it difficult for the Board but it also makes it difficult for the utility. Mr. Riley said the ability to fight back is important and suggested reaching out to regional highway superintendents and say this is a regional issue. Mr. Rabuffo suggested that another meeting be convened to discuss the Boston policy.
Mr. Fernandes said the North Street Project completion is 4-5 weeks away. All state funding will be taken away after Labor Day. The budget for the electrical work is under funded by approximately $66,000. Mr. Paicos said the only funding source for the $66,000 would be a reserve fund transfer. Ms. Burns said that if she knew we were starting a project that we did not have the money to complete she would have been concerned. She said reserve fund transfers are for something that is extraordinary and unforeseen. The project was started with the hope that it could be done within the budget and the possibility that it could not be done with the budget. Right now there is a funding gap and the project cannot be completed with available funding. If the project had not started in February we would have lost the PWED money. There is sufficient funding to get this Phase I done – the conduit underground. Phase II includes the wiring and service connections. Mr. Rabuffo said he recalled that there were some lengthy discussions on how to do the wiring and there were some changes
The private connections from the handholds to individual residences are to be done at the expense of the homeowner. The Town does not have written agreements saying that the homeowners will pay the cost. A meeting is being scheduled to update homeowners and to ask people to sign a form agreeing to pay the costs of connection. Mr. Paicos said that he has had extensive discussions with both John Tzimorangas and Kevin Bulman about the work on private property. Mr. Riley said there were three community meetings before the process was started and residents were made aware of the need to connect at their own expense. No one said they were not going to do this. Currently there are potentially two families who are not willing to connect. The problem is that we do not have anything signed or formal agreement that they will pay. Mr. Rabuffo said everyone knew this was coming and they agreed. There is an increased value to the homes which the town is not asking to share in
Mr. Rabuffo noted the lateness of the hour and the fact that an executive session is planned for the end of the open session. For those reasons, the stabilization fund article discussion will take place at the next meeting.
Voted - to waive the Building Department fees for the Middle School Roof.
Ms. Burns noted that Fr. Bill’s/Mainspring needs a letter of support to submit with applications for the grant proposals.
Voted - to send a letter of support for the Fr. Bill’s /Mainspring project.
Voted - to approve the minutes of May 4, 11, 18, 25 and June 1, 8, 14, 15, 2010
Selectmen/Town Administrator’s Reports
The Department of Public Works is doing some work at Hersey house per the Board’s request. The Police Department is patrolling more frequently in order to reduce vandalism. There will be a Public Hearing in Brockton regarding the courthouse closing. The Chief and Mr. Paicos will be attending. The chief is preparing testimony for the hearing.
Mr. Paicos said the filed sub bids for the Regional Dispatch program were opened today. There were 6 electrical bids and 5 mechanical bids. The general contractors will choose the sub bidders they want to do business with and submit the general contract bids by the due date of August 6th.
The Board will discuss the Interim Town Administrator at the August 10th meeting.
The Board voted, by roll call vote, to adjourn to executive session to discuss contact negotiations and strategy with respect to litigation where the Town’s position would be jeopardized by public discussion.
Mr. Riley – yes
Ms. Burns – yes
Mr. Rabuffo – yes
The Board will not return to open session this evening.
Open session adjourned at 9:35 p.m.
Betty Foley, Clerk