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Board of Selectmen - Meeting Minutes

December 9, 2010
7:00 PM North Hearing Room
MEETING MINUTES

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

Regular Session

The Chairman called the meeting to order.

1. Lincoln School Apartments - Will be here in January regarding repairs and funding.

2. Mr. Rabuffo discussed a comment made to the Board on 12/7 addressing the town by-law (Article 10, Section 34) regarding the removal of materials from town property. Mr. Rabuffo summarized the issue, discussed the by-law as not allowing the removal of loom, sand and gravel. The site under discussion was having rock removed from the site and is that considered different from gravel. In this case the material was ledge which is not covered under the by-law. Mr. Hersey apologized if his statement on Tuesday sounded accusatory.

3. Turkey Hill Wind Turbine project – The Planning Board for the town of Cohasset, met last evening. Mr. Chad Dale reported on the meeting that took place last evening. The proposal to build the turbine is being presented not by the town of Cohasset but by the Trustees of the Reservation. Mr. Dale reiterated that 100% of the benefits will go to the town of Cohasset while 100% of the burden will be on the town of Hingham. One of the major burdens facing Hingham is something referred to as "flicker:" Flicker is the reflection from the sun off the turbine as it spins. It then spreads out into a pattern referred to as a butterfly. The first illustration given last night showed that no Cohasset residence would be affected by the flicker effect except the Golden Living facility. The mitigation proposed was that the residents close their shades when affected by flicker. The butterfly pattern in Hingham runs from the site of the turbine, to the East School and affects everyone in between.

Mr. Dale added that the Planning Board plans on voting in the affirmative next Wednesday evening.
Ms. Burns attended a portion of the meeting. Questions the Planning Board is considering include:
• sight, where can you see it from?
• sound (10 decibels is the town's sound limit) will the turbine have a higher decibel rating than that? The Planning Board was unable to answer that question at the meeting.
• flicker happens at sun rise and sunset – what is the impact on Hingham residents going to be?
• impact on Turkey Hill Lane for construction. If something has to happen or if changes need to be made to Turkey Hill Lane the town of Hingham will have to be involved.
Ms. Burns contacted Mr. Stephen Sloan, Regional Director for the Trustees of the Reservation; he offered to come to the Board of Selectmen do a Questions & Answers on the issues. Ms. Burns recommends that they could ask the Planning board to put in mitigation terms for the town of Hingham.
Mr. Alexiades reiterated that the only access to the proposed site is through Hingham and if there are any incidences requiring emergency personnel up there it will be Hingham's police or fire.
Ms. Burns indicated that another access road is not on the table at this time.
Mr. Alexiades suggested that they add this to the December 14 agenda and invite the Trustees of the Reservation, someone from the Planning Board and Mr. Alexiades will invite.

4. Approval of Minutes –

Vote: Ms. Burns moved to approve the minutes of November 9, November 16, and December 1, 2010.
Second: Mr. Riley In Favor: All Opposed: None

Budget Hearings

1. Fire Department

Discussion: Mr. Alexiades stated that the department submitted a level-services budget. Fire Chief Mark Duff and Deputy Fire Chief Robert Olsson presented their proposed 2012 budget. Chief Duff advised that in the last 10 days the town of Hingham responded to 5 fires. A high-rise fire, an arson fire and 2 serious house fires, one of which was at a house less than 3 years old, the other was in a home over 200 years old. With proper staffing and good training they were able to stop it. In addition they also responded to 18 true emergencies, 12 of them medical.

Mr. Duff indicated that they are proposing a level services budget through step rate offsets, reducing the fire department by one additional person. They budget their personnel based on the current step for the holder of the position. Since there will be some retirements, the new personnel will be at a lower rate. They have cut the budget 10% in 3 years. The number of staff cut over three years is eight. He feels that at some point they will have to replace those positions to avoid burnout. The number of medical calls is 49% resulting in approximately 1700 transports to medical facilities per year.

Ms. Burns asked if Chief Duff knew why our average of medical calls is lower than other towns. Chief Duff indicated that Hingham's medical calls are lower because if they arrive on a scene and there is no one hurt, they do not list it as a medical call. They are bringing in over $1,000,000 in ambulance revenue.

Mr. Rabuffo indicated that the requested budgets for the past few years were:
2009 $4.38 million
2010 $4.32 million
2011 $4.37 million
2012 $4.29 million

Mr. Riley asked if we have made any progress on the number of vehicles that respond to a call. Both Chief Duff and Deputy Chief Olsson looked at that issue and feel it does not work for Hingham because they have to be available to go from one job immediately to another. They cannot go back to the station to change vehicles. Mr. Riley's concern is that they are expensive to maintain. Chief Duff indicated that seconds count and that the closest vehicle needs to respond.

Chief Duff pointed out that they were the first department to do zero based budgeting and they did it and still do it. He advised that $1,650 was cut from expenses, and they are asking to have the following amounts restored: MWRA sewer increase $100 increase, $550 office supplies, and $1,000 custodial supplies.

2. Sewer Commission

Discussion: Michael Salerno, Chairman of the Sewer Commission presented a level services budget request.

3. DPW/Landfill

Discussion: Mr. Randy Sylvester, DPW Superintendent, presented his proposed level-services 2012 budget. The transfer station budget has gone down due to the renegotiation with SEMASS. Next year prices are down to $80/ton for all of next year. That has given the town a significant reduction of $108,000 or 9% decrease.

2011 revised budget $2.9 million
2012 proposed budget $2.7 million

Mr. Rabuffo commented that Superintendent Sylvester is proposing a reduction in overtime resulting in approximately $14,000.

4. Engineering

Discussion: Mr. Roger Fernandes submitted a level-services budget, reducing the salaries budget for 2012 by $1,000.

Fiscal Year 2011 revised budget is $276,010.
Fiscal Year 2012 proposed budget is $294,013 with an additional request of $400,000 for road building/construction. Mr. Alexiades advised that the reason the Selectmen's Engineering budget was moved into Mr. Fernandes' Engineering budget was because Mr. Fernandes is the one asked, frequently, to do the work.

Derby Street Traffic Light Design Review

Discussion: Mr. Roger Fernandez and a respresentative of Coler & Colantonio were present and reviewed plans to construct a traffic light at the Derby Street and Pond Park Road intersection. There is a state grant for $750,000. They propose an aggressive schedule to complete by July. Utility poles will need to be relocated; the utility companies have already been contacted.

Kenny Caputo and John Morgan, traffic engineer, updated the Board of Selectmen on the status of the project. The plans were reviewed specifying the future location of the Bone and Muscle Center. There is no work proposed for the vegetated wetlands on the south side of Derby. The Conservation Commission would like an abbreviated notice of intent so they can issue an Order of Conditions.

Mr. Riley asked if funding is coming solely from the state. Mr. Fernandez reiterated that the funding is coming only from the state. Mr. Riley asked how long the thermal line painting will last; Mr. Fernandez advised that the state will maintain and take ownership upon completion.

Next Steps

• The 75/100 package will be submitted.
• Notice of Intent will be submitted by the end of December. They anticipate it being finished in January. .
• They hope to start work in March 2011. They anticipate a 3 month construction time.

Total projected cost is $795,000. Construction cost is $550,000, $110,000 contingency and police details. The project grant contains design and construction engineering. It's a uniprice bid.

Road Building Plan

Discussion: Mr. Rabuffo advised that the Board had requested a high level assessment of their roads and the cost associated with getting the roads repaired. (Betty, Randy was going to send you his report electronically.

Mr. Sylvester presented the rating system used to evaluate the roads. The values range from 1 to 5 (1 being good and 5 being poor) and are assigned to each road for its condition. If the town were to replace Hingham's 110 miles of roadway it would cost over $122,000,000.

Deferring the maintenance is very costly. Once a roadway moves from good to fair the cost goes from $14 per square yard to $60/sq yd to repair. In 2003 asphalt was $29 per ton, in 2008 it was up to $65 per ton and in 2010 it is approximately $70 per ton.

Available funding: the majority of funding comes from Mass Highway Department (Mass DOT chapter 90) and is allocated to all of Massachusetts. Annually Hingham receives $565,000. The budget amount allocated to road construction is $120,000.

Based on the assessment, only 4.4% of Hingham's roads are rated as failing. The report assigns a dollar value to each road condition. Accumulatively it would cost the town $26 milllion dollars to repair or replace the roads.

Mr. Rabuffo asked about the number of roads that are in failure condition as compared with other towns. Two years ago, Hingham was below average. Even looking at other towns with similar infrastructure Hingham is below the average. Mr. Sylvester reiterated that doing nothing is not the answer.

Mr. Riley commented that he feels that roads evolve as does the evolution of roadway construction. Mr. Riley asked if the time/year, when the roads were built, went into consideration during the analysis. Mr. Sylvester advised that it did not. The size and depth of the gravel under the roadways has evolved as has the thickness of the asphalt. Mr. Riley feels that there needs to be communication with the Planning Board if the standards need to be improved for new roads. Mr. Sylvester advised that 3 years ago he prepared and submitted new specifications to the Planning Board and they have yet to be approved.

Mr. Rabuffo indicated that this is Part I; Part II is something that we can provide to the public. He has asked Randy to make it available to the public and continue the education process.

Mr. Riley asked for him to comment on his 2011 budget and comment on what was accomplished. Mr. Sylvester advised that last year $1.4 million dollars worth of work, which was subsidized by grants, was done. The grant money is now gone so all Hingham will receive is the money from Chapter 90.

Selectmen/Town Administrator's Report(s)

1. Ms Burns commented on the 80 Beal Street parcel. Early designs have been submitted.
2. Mr. Rabuffo advised they have received feedback from Lincoln School Apartments.
3. Mr. Riley advised that he had a conversation with the Chairman of the Harbor Development Committee. He would like to come before the Board of Selectmen with respect to what they would like to see developed at the Harbor. Specifically the possibility of :
• A public marina
• Contacting the state to make Rte 3a more pedestrian crossing friendly
• Work with the bathing beach to make improvements to the bath house and possibly add a concession stand.
4. Mr. Rabuffo – spoke with someone from the Commonwealth that would like to talk with the Board of Selectmen regarding economic development.

Votes for consideration

1. Zoning Article

Discussion: Rezoning the Tree and Park Warrant.

Vote: Ms.Burns moved to open the Annual Town Meeting Warrant to insert one Zoning Article.
Second: Mr. Riley In Favor: All Opposed: None

2. Renewal of liquor license and common victualler licenses

Vote: Ms. Burns moved to renew the following liquor licenses and common victualler licenses
Second: Mr. Riley In Favor: All Opposed: None

COMMON VICTUALLER/ALL ALCOHOLIC -

Asian Fusion Inc d/b/a Asian C, 48 Whiting Street, Shun Li Chen, Manager
BE&E Inc, d/b/a The Snug , 116 North St., Ellen Nally Brown, Manager
Bertucci's Rest.Corp d/b/aBertucci's Brick Oven Ristorante, 90 Derby St, Deborah Collins, Mgr.
Black Rock Golf Club, LLC , 25 Clubhouse Drive, Alojz Noskovic, Manager
Burtons Grill of Hingham, 96 Derby Street, Stephen Slicis, Manager
Curry, LLC d/b/a Muang Thai, 74 North Street, Elmer Curry, Manager
Eat Well, Inc., d/b/a Tosca , Manager, 14 North St., Arthur DeCarli, Manager
Eat Well, Inc., d/b/a Caffé Tosca, 15 North St., Gregory Accera
Hai Phong Inc, d/b/a Typhoon Asian Bistro & Lounge, 25 Shipyard Dr., Nhan H. Phan-Nguyen, Mgr.
Kay's Harbor Corp. d/b/a Stars on Hingham Harbor, 2-4 Otis St, Edward A. Kane, Manager
KMC, LLC, d/b/a Rustic Kitchen, 94 Derby Street, Suite 217, James Cafarelli, Manager
Lima Sports, Inc. d/b/a South Shore Sports Center, Laurindo Lima, Manager
Linden Ponds Inc d/b/a Linden Ponds, 300 Linden Ponds Way, Tomas O. Gonzales, Mgr.
Maxx, LLC d/b/a The Boston Golf Club,Inc, 19 Old County Rd. Robyn Patterson, Mgr
Ninety Nine Restaurant of Boston, LLC, 428 Lincoln Street, Teresa M. Masure, Manager
Nino's Steak & Chop House, LLC, 415 Whiting Street, Nino Crugnale, Manager
Ocean Kai, Inc., 300 Lincoln Street, David Chin, Manager
Pepper Dining Inc., d/b/a Chili's Grille & Bar, 6 Whiting St., Wm. Carey, Mgr. Salsa's Salsa's of Hingham Inc, 211 Lincoln Street, David A. Littlefield, Manager
Shack Foods of America, LLC d/b/a Summer Shack, 96 Derby St, Jasper A. White, Mgr.
Shipyard Ventures, LLC d/b/a Alma Nove, Paul Wahlberg, Mgr. 22 Shipyard Drive
Siam Enterprises, Inc, d/b/a Jack's Cafe, 6 Crow Point Lane, Wanpen S.J. Collins, Manager
Slesar Bros. Brewing Co. d/b/a Hingham Beer Works, Joseph D. Slesar, Mgr. 18 Shipyard Dr.
Sons of Italy Lodge #1850, 39 Kilby Street, Eric Gondveer, Manager
Thompson' Tavern, Inc., d/b/a Liberty Grille, Manager, 8 North St., J. Christian Thompson, Mgr.
Three Squares A Day Café, Inc. d/b/a The Square Café, 150 North St., Patricia A. Libby, Mgr.
Vista Verde Corp, d/b/a Raffael's at So.Shore Country Club, Elio Ricci, Manager, 274 South St.
Webber Restaurant Development, LLC, d/b/a Scarlet Oak Tavern, 1217 Main Street,
Thomas Totman, Mgr.

COMMON VICTUALLER WINES AND MALT BEVERAGES
Chipotle Mexican Grill of Colorado LLC d/b/a Chipotle Mexican Grill, 92 Derby St, (Malt Beverages Only) Kathryn Goble, Manager – has not been approved
Crow Point Pizzeria Inc., 191 Lincoln Street, Athanasios Gikas, ManagerGKS Associates, LLC d/b/a Pizzapalooza, Stephen Yanoff, Mgr. 19 Shipyard DriveHingham Yacht Club, 211 Downer Avenue, Mary Ann Shea, Manager

RETAIL PACKAGE GOODS STORE/ALL ALCOHOLIC - A.G.T. Inc., d/b/a Queen Ann Wine & Spirits, 1 Whiting St.
Nicholas V. Trifone, III, Mgr.G&B Inc. d/b/a Euro Mart, 26 Whiting St,
Bechara Simon Bellan, ManagerE&S Group Inc. d/b/a Hingham Liquors, 118 North St. Joseph V. Ierardi. Manager Fresh Market of Massachusetts, Inc. d/b/a The Fresh Market, Michael Black, Mgr. 11 Essington Dr.Packaging Center, Inc, d/b/a Stop & Shop, Mgr, 400 Lincoln St., Edward Attubato, Manager 121 Douglas Associates, Inc., Ralph's Derby Street Wine & Spirits, Ralph Hersom, Manager

PACKAGE GOODS STORE/WINE AND MALT
Bare Cove Gourmet Wine Annex, Inc., 79 Water St., Carolyn Craine, Manager
Manaba, Inc. d/b/a Main St Market & Deli, 484 Main St, Viktoria Patel, Manager
Hingham Wine Merchant, LLC, 74 North Street, Duncan S. Routh, Manager
Hat Trick Six Inc., d/b/a The Cracker Barrel, 613 Main Street, Paul LeBlanc, Manager
Richard Abbadessa-Victoria Abbadessa Forman d/b/a Victoria's Beer & Wine, 244 Hull

RESTAURANT COMMON VICTUALLER LICENSES
Cohasset/Atlantic Ventures, 282 Main Street
Brigham's, 37 Main Street
Bruegger's Bagel Bakery, 211 Lincoln Street
Bare Cove Management, LLC, 69 Water Street
D'angelo Sandwich Shop, 12 Whiting Street
Brewed Awakening, Inc., 19 Main Street
F&Y Coffee & More, 28 George Washington Blvd.
Broad Cove Auction Inc.
Panera Bread, 92 Derby Street
Dunkin' Donuts187 Whiting Street
Corporate Chefs, Inc. 175 Beal Street
Starbucks Coffee Company, 184 Lincoln Street
Hingham Yogurt, Inc. d/b/a Nona's, 19 Main Street
Pilgrim Skating Arena, 75 Recreation Park Drive
Starbucks Coffee Co., 1 Derby Street
Hingham House of Pizza, 74 North Street
Whites Fine Cakes & Pastry 94 Derby Street
Whole Foods Market, 94 Derby Street
JRH, Inc. d/b/a Submarine Galley, 39 Station Street
The Upper Crust, 73 South Street
Panera Bread Bakery, One Shipyard Drive
Café Hingham, 25 Technology Place
N.E. Frog Pond, LLC d/b/a Pink Berry, 94 Derby Street
HRM d/b/a Red Mango, 15 Shipyard Drive
b.good LLC, 94 Derby Street
Bloomy Rind, 21 Main Street

Regular Session

Vote: Mr. Riley moved to adjourn.
Second: Ms. Burns In Favor: All Opposed: None

Open session adjourned at 9:44 p.m.

Respectfully submitted,

_________________________
Betty Foley, Assistant Town Administrator