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Board of Selectmen - Meeting Minutes

HINGHAM BOARD OF SELECTMEN
October 19, 2010
7:00 PM North Hearing Room
MEETING MINUTES
           

Present:  Bruce Rabuffo, Chairman, Laura M. Burns, John A. Riley, Betty Foley, Assistant Town Administrator, Ted Alexiades, Town Accountant/Finance Director and Interim Town Administrator

Absent:  

The Chairman called the meeting to order.  Ms. Burns is due to arrive at 8:15.

1. Approval of minutes

Vote: Ms. Rabuffo moved to approve the minutes of September 28, 30 and October 5, 2010.
Second: Mr. Riley               In Favor: All             Opposed: None

Mr. John Hersey was present to discuss the cutting and trimming of trees at the waterfront which was referred to the police but no criminal activity was found.  Mr. Hersey asked if Mr. Prentiss was questioned on why the trees were trimmed. Mr. Alexiades commented that he spoke with  Mr. Prentiss, Conservation Officer, who advised that, per an order of conditions from the Conservation Commission trimming was to be allowed.  Mr. Hersey had specific concern regarding the work being done within the 50 foot buffer.  Mr. Alexiades advised that the detective who looked into the issue studied the Back River Agreement and there was no violation found.  There was however some administrative issues that needs to be addressed. 

Secondly, Mr. Hersey presented an article to the Chairman regarding the mine rescue and the Chairman gave it to Mr. Alexiades regarding teamwork within the town.

Discussion:  Mr. Dennis Reagan, the permanent representative of National Grid, requests a Grant of Location on behalf of National Grid to install and, maintain approximately 105 feet of 2 inch gas main in Kilby Street from the existing main in front of #4 Kilby Street.  The proposed main will run in a northeasterly direction for approximately 90 feet and turn westerly for approximately 15 feet before entering private property adjacent to 235 Summer Street.

Mr. Riley asked if there is a new private way or does it currently exist?  Per Mr. Regan, it is off road onto a new dirt surface (the existing 2” main is in Kilby Street).  Before the job starts they will meet with Mr. Sylvester regarding resurfacing.

Vote: Mr. Riley moved to approve the Grant of Location request of National Grid to install and maintain 105 feet of 2 inch gas main in Kilby Street.  This proposed gas main will originate from an existing 2 inch main in front of #4 Kilby Street and continue in a northeast direction for 90 feet and then turn westerly for approximately 15 feet.  (This new main will provide natural gas service to three new house lots to the rear of 4 Kilby Street).
Second: Mr. Rabuffo                      In Favor: All             Opposed: None

Discussion:  Ms. Montgomery advised that on October 13, 2010 the town held a competitive sale.  The bond proceeds will be used to pay back debt that they took out in 2002.  The size of the original debt was $42 million dollars.  They had 7 competitive bids and the spread between the bids was very close.  The award went to Janney Montgomery Scott.  The financial advisors advised that the present value savings was in excess of 11%.  A portion of the savings will be returned to the MSBA.  The gross savings will be 2.4million with 1.1million being returned to the taxpayers.
  
Mr. Rabuffo asked how the taxpayers will see the 1.1 million savings.  Per Ms. Montgomery it will be spread over 12 years. 

Mr. Alexiades commented that Jean deserves a lot of credit for the handling of this bond sale.

Vote:  Ms. Riley moved that in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund all of the Town’s $42,155,000 General Obligation Bonds dated April 1, 2002 maturing on an after April 1, 2013 in the amount of $19,235,000 (collectively, the “Refunded Bonds”) and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds and costs of issuance of the refunding bonds.

            Further Voted:  that the sale of the $19,080,000 General Obligation Municipal Purpose Loan of 2010 Bonds of the Town dated October 26, 2010 (the “Bonds”), to Janney Montgomery Scott at the price of $20,837,131.04 and accrued interest is hereby approved and confirmed.  The Bonds shall be payable on April 1 of the years and in the principal amounts and bear interest at the respective rates, as follows:

Further Voted:  that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated October 6, 2010, and a final Official Statement dated October 13, 2010 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.

Further Voted:  that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.

Further Voted:  to authorize the execution and delivery of a Refunding Escrow Agreement to be dated October 26, 2010, between the Town and U.S. Bank National Association, as Refunding Escrow Agent.

Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time.

Further Voted:  that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.
Second: Mr. Rabuffo                      In Favor: All              Opposed: None

Discussion:  Mr. Hersey has some questions about the design and specifically the bump out areas.  Mr. Fernandes, Town Projects Engineer, was present and offered some history of the project.  Mr. Fernandes advised the conception started in 2001.  Subsequently more schematic drawings were done between 2001 and 2003 and approved at town meeting.  There were approximately 15 times that plans were presented to the town.  In addition, a mass mailing was sent out to the public.  Once they entered the design phase there were 3 different design groups that looked at what was being proposed.  The final plan mirrors what was originally submitted in 2004.  Mr. Fernandes, in his memo to the BOS, provided meeting minutes at Town Meeting.  Mr. Rabuffo asked that Mr. Fernandes to specifically go over the bump out areas.  Mr. Fernandes advised that the bump outs provide several things:

1. Pedestrian access
2. ADA (Handicap Accessibility)
3. Reduce speed in that area

Mr. Riley, to address Mr. Hersey’s comments, feels once the road lines (center and parking lines) get painted there will be less concern by drivers.  The bump outs requires a driver to come out to the intersection at a lower rate of speed thereby providing a traffic calming measure.

Mr. Hersey asked where the crosswalk is at some of the bump-outs.  Mr. Fernandes  advised that they are in the process of completing marking the crosswalks.  Mr. Hersey feels that while the public is waiting for the lines to be painted there should be reflective stakes.  Mr. Fernandes advised that reflectors will be installed.

Mr. Fernandes advised that the future work includes textured crosswalks that will continue to address pedestrian safety and traffic calming.

Discussion:  Mr. Rabuffo read the following draft policy regarding how Executive Session Minutes will be prepared, approved and released.  The draft has been approved by Town Counsel. 

PREPARATION, APPROVAL AND RELEASE OF EXECUTIVE SESSION MINUTES

Section 1:               The purpose of this policy is to establish a procedure for the preparation, approval, and release of executive session minutes.

Section 2:               The minutes of executive sessions will be prepared in draft form as soon as possible after the session.  In the event that more than one privileged matter is discussed at a meeting, each matter shall be the subject of a separate page of minutes.  Each page will contain the date of the meeting, those present, and the time at which the matter on that page was taken up, in addition to the usual content required by law. 

Section 3:               The clerk of the Board shall maintain a folder of executive session meeting minutes which have not yet been reviewed or released.  The minutes shall be reviewed by each member of the Board as soon as the draft is ready in the same manner in which regular session minutes are reviewed. 

Section 4:               When each member of the Board has reviewed the minutes and indicated satisfaction with them as written, the clerk will hold those minutes in a folder of minutes not yet released. 

Section 5:               In accordance with Massachusetts General Law, minutes shall be released as soon as the matter covered in the executive session has been resolved.  Pages of minutes shall be released as each becomes eligible, even if the remainder of the meeting is still confidential.  The clerk of the Board shall review the folder of unreleased minutes weekly and identify any which are no longer confidential according to law.  The clerk shall put a vote to approve and release those minutes on the next meeting’s agenda. 

Vote: Ms. Riley moved to approve the draft policy on Executive Session minutes
Second: Mr. Rabuffo                      In Favor: All             Opposed: None

Discussion:  Should this committee continue or is there another committee, such as the Community Preservation Committee, in place that could absorb the responsibilities of the OSAC.  Mr. Riley wanted to commend the work the OSAC has done for the town.  Mr. Riley advised that since the CPC has taken on the role to bring it to Town Meeting it should be something the Board of Selectmen considers.  It may, in some ways, duplicate itself.  Mr. Riley is the liaison from the BOS to the CPC and he would like to give it more thought.  There is a meeting Thursday and Mr. Riley will bring this up. 

Discussion:  Mr. Alexiades advised that department heads received their budget packages on schedule.  They will be due back on November 5, 2010.  That will allow approximately two weeks to collate the data and provide a recommendation.  He will provide the budget on November 22nd.  The Board of Selectmen budget hearings are tentatively scheduled for the week of 12/6 and 12/13 and will be held four nights over two weeks.  It is hopeful that the Board of Selectmen will be able to provide a budget recommendations by December 23, 2010.

Discussion:  Mr. Rabuffo thanked Betty Foley for her work on the Liaison Assignments for 2010.

1. Mr. Alexiades advised that Mr. Sylvester and Mr. Fernandes SEMASS contract has been signed as is due back from SEMASS.  The first four years of the contract will have a savings of approximately $668, 000.  For the remaining life of the contract it will be indexed to the Boston area CPI index.  Mr. Sylvester was able to negotiate that SEMASS will contribute $10,000 per year which will likely be a deduction from one of their bills. 
2. The highway department, Mr. Sylvester, Mr. Fernandes met with Mr. Alexiades and Verizon to establish an agreement on the placement of FIOS cable.  The core part of the issue is that the town asked that they be in the berm and they want to be in the grassy part next to the berm.  They are very close to an agreement. 
3. The leak on Clark Road has been identified as a class 1 leak.  It has to be replaced next year.  National Grid will provide a 5 year replacement plan and in return we will provide them the towns road repair plan. 
4. Mr. Rabuffo asked Mr. Alexiades if they could provide an updated list of road repair schedule.  Mr. Alexiades will have it at the next meeting.
5. Personnel Board met last week and they are in agreement with the Holiday observances this year.  They are in agreement with closing the building on the Friday after Thanksgiving and the Friday before Christmas and New Years.  Request employees take other compensation time.  The celebration of Christmas and New Years will be on the Monday following each.
6. Police phone lines:   911 calls continue to be handled in the traditional way but on the business line, 781-749-1212, starting on October 18th, there will be a series of questions that you will be asked to direct you.
7. Mr. Riley attended the Hingham Hearts Walk, this is the 4rth year and it was well attended. 
8. Mr. Riley asked Mr. Alexiades if there is any update on the construction on the 911 center.  Mr. Alexiades will give an update at the next meeting.
9. Mr. Rabuffo attended the dedication for the West Corner Bridge.  Representative Bradley and Senator Hedlund were present and gave their appreciation to the town of Hingham for their participation. 
10. Mr. Rabuffo read the press release regarding the development and sale of the Hersey House.

1. Hingham’s representative to the Mayflower Municipal Health Group.

Vote:  Ms. Riley moved to appoint Ted C. Alexiades, Interim Town Administrator, as Hingham’s representative to the Mayflower Municipal Health Group.
Second: Mr. Rabuffo                      In Favor: All             Opposed: None

1. Traffic and Safety Committee

Vote:  Ms. Rabuffo moved to appoint James Costello to the Traffic and Safety Committee for a two-year term expiring in 2012.
Second: Mr. Riley               In Favor: All             Opposed: None

1. Cultural Council:

Vote:  Ms. Riley moved to appoint the following to the Cultural Council:
     
      Jill Powell for a three year term expiring in 2013, and
      Dr. Thomas W. Barber for a two-year term expiring in 2012
Second: Mr. Rabuffo                      In Favor: All             Opposed: None

1. Permanent Building and Facilities Management Study Committee.           

Vote:  Ms. Rabuffo moved to appoint Jerry Seelen and Roger Fernandes to the Permanent Building and Facilities Management Study Committee.         
Second: Mr. Riley               In Favor: All             Opposed: None

1. Council on Aging

Vote:  Ms. Riley moved to appoint Chrisanne Gregoire a member of the Council on Aging for a term expiring in 2013.
Second: Mr. Rabuffo                      In Favor: All             Opposed: None

The Board voted, by roll call vote, to adjourn to executive session to consider pending litigation and will not return to open session.
Mr. Riley – yes
Ms. Burns – yes
Mr. Rabuffo – yes

Open session adjourned at 8:34 p.m.

Respectfully submitted,

_________________________
Betty Foley, Assistant Town Administrator

Approved as amended on ____________.