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Board of Selectmen - Meeting Minutes

 


January 4, 2011 - 7:00 PM North Hearing Room           

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

Absent:  

The Chairman called the meeting to order.

Regular Session

  1. Recognition of David Killory

Mr. Rabuffo presented a proclamation on the occasion of his retirement.  Mr.Killory offered his thanks to the Board of Selectmen.

  1. Veterans House

Discussion:  Dan Coughlin presented on the Veterans housing units located on Fort Hill St.   The Town of Hingham, at Town Meeting, approved the allocation of $250,000 from the Community Preservation Act, to acquire and construct six units of Veterans Housing.  The approval is subject to four contingencies.  A summary of the contingencies were submitted to the Board of Selectmen; two are complete and two are still open.

  1. Written commitment for the remainder of the funds needed to complete the $1,350,000 project. 
  1. Execution of the mortgage and documentation
  1. Receipt of all necessary zoning and other permits and approvals required by the Town are still needed but are a function of the demolition.
  2. Execution and delivery of a Management Plan, Tenant Selection Plan and Service Plan (a draft of each plan was provided).The Hingham Housing Authority will be subsidizing the rent and therefore has the final say on who will be selected as tenants. 

Mr. Riley commended the Group of Five for their work on this project.  Mr. Riley asked Atty. Estes about the language in the Right of First Refusal in regards to the DHCD.  Atty. Estes advised that the language had to be in there because ultimately DHCD providing financing through various state agencies they are responsible for what restrictions are in place.  Mr. Estes has discussed the language with the counsel for DHCD and he sees no issue with it.   Mr. Riley asked if it made sense to wait until the DHCD’s review.  Atty. Estes advised that being on record first gives them the benefit of prior position rather than waiting for the financing. 

Ms. Burns asked why the tenant selection form did not contain any gender requirements.  Atty. Estes advised that gender is silent in the form because the fair housing laws that would not allow for any gender requirements.  Ms. Emily Rothchild, Development Consultant for Father Bills/Mainspring, advised the plans are for a 6 bedroom/bath facility with shared common areas with no restriction on gender.
 
Mr. Rabuffo asked Mr. Claypoole what role the Veteran’s agent, (Keith German) would have.  Mr. Claypoole advised that the agent would be responsible for CORI check and work in concert with the Housing Trust and Housing Authority to review the applications.

Vote:  Mr. Riley voted to sign the Right of First Refusal for the property located at 111-113 Fort Hill Street.
Second: Ms.Burns              In Favor: All             Opposed: None

Vote:  Ms. Burns voted to approve the selection, service and management plans for the Veterans Housing units located at 111-113 Fort Hill Street as negotiated by the Group of Five. 
Second: Ms.Burns              In Favor: All             Opposed: None

  1. Joint Meeting with Recreation Commission re: Ward Street Fields Construction and Management

Discussion:  Atty. Jeff Tocchio, counsel for the proponents, provided a summary of the project.  They have worked with the Conservation Commission and have received an Order of Conditions on October 7, 2010.  Meeting with the Planning and Zoning Boards jointly and reduced the proposed parking spaces to150 (there are currently 75 spaces).  Permits from both the Planning Board and Zoning Board were recorded in December.  Meeting with the Recreation Commission raised two major issues.

Those have been resolved

The Contract is estimated at $532,000
Currently they have $238,000 in the South Shore Savings Bank and $300,000, being  issued by a charitable foundation, is expected to arrive tomorrow.

They are in a position to begin work right away.

Mr. Rabuffo wanted to remind everyone that this project started as a gift.

Mr. Riley asked about the driveway again.  Mr. Tocchio advised that the current driveway will be rebuilt in the same spot but the grade will be flattened out and will be a reclaimed gravel lot.  Then further down will be another curved entrance coming down from Ward Street going along the current field and will be reclaimed asphalt.  There will be paved pads in the offloading area (northwest corner of the existing field).  The new larger parking area there will be a series of handicap spaces.  The majority of the parking will be pervious.

Ms. Burns wanted to acknowledge the half million dollar gift to the town.  Ms. Burns asked about the Field Agreement Mr. Tocchio made mention of.  Copies were distributed, it is with town counsel for review and comments are expected by tomorrow. 

Frank Jones, Chairman of the Recreation Commission and Mark Thorell were present to discuss the proposed project.  Mr. Jones commented that the project goes along with their mission statement and they support the project.

Mr. Riley asked if the new field will be named Margetts Fields.  Mr. Tocchio was in agreement with that.  Mr. Jones asked if it could be Margetts Fields I and II so they can manage the usage.  Mr. Riley also asked the DPW’s role, Mr. Jones advised that the DPW cuts the existing Margetts Field and they are in discussion with both the DPW and the South Shore Country Club to see who could manage the cutting of the new field.  Mr. Riley asked if the Recreation Commission will be doing the scheduling.  Per Mr. Jones, section 4 of the agreement outlines the Field Management plans indicating that the Board of Selectmen together with the Recreation Commission will enter into an agreement concerning the management of the field prior to completion. 

Mr. Riley asked about the contractor’s liability insurance, per Mr. Tocchio it will be in place for the full term of the construction contract. 

Ms. Burns feels that the Recreation Commission may want to add to their “Recreation Department Management Approach and Services Agreement - Proposed Field on Ward Street” document the following language regarding the four elements:
The Recreation Commission shall have

  Mr. Jones agrees that change would remove the implied meaning.

A member of the public asked if there will be lights at the fields.  The Chairman advised that the lights were voted down.

Mr. Tocchio advised that the traffic will be reviewed after a year. 

Vote: Ms. Riley voted to accept the gift of the Ward Street Fields construction and to sign the Field Agreement between the town of Hingham and the Ward Street Turf Fields Fund, pending Town Counsel review and approval.
Second: Mr. Burns              In Favor: All             Opposed: None

  1. Appointment of Real Estate Counsel

Discussion:  Mr. Rabuffo advised that several real estate issues have come before the Board of Selectmen in the past and they feel it would be in the best interest of the town to appoint someone to represent them as Real Estate Counsel.  Susan Murphy, a member of the Planning Board, is involved in real estate law.  There has been disclosure and discussion with the state and it has been determined doing so would not cause any conflict of interest. 

Mr. Bob Keys asked if it would be better to have an outside counsel so there would not be any conflict of interest issues.  Ms. Burns advised that they have tried that more than once and it did not work out well. 

Vote: Mr. Riley voted to appoint Susan Murphy as special real estate counsel for the town.
Second: Mr. Burns              In Favor: All             Opposed: None

Vote: Ms. Burns voted to approve the exemption from MGL Chapter 268A, ss20 as listed in the Disclosure of Financial Interest by Special Municipal Employee as filed by Susan Murphy.
Second: Mr. Riley               In Favor: All             Opposed: None

  1. Budget Discussion and Votes

Discussion:  Mr. Alexiades advised that the school committee number is preliminary number and is not his recommendation.  Everything else on the FY2012 Operating Budget Recommendations notice is. 

Mr. Rabuffo asked if Mr. Alexiades could briefly update them on the dispatch center since there has been a series of discussions on the potential savings.  Mr. Alexiades advised that last year during the budget discussions it was proposed that the savings could be up to about $200,000.  It was not his recommendation last year, nor is it his recommendation this year.  Mr. Alexiades feels the number is more likely to be realized around $100,000.  The construction is expected to be finished the end of the month and they hope to be live the middle of July.  There will be a dispatch budget every year. 

Mr. Alexiades advised that the police department put forth a request for additional personnel.  Mr. Alexiades did not recommend that, not because it wasn’t a valid request but because there wasn’t money available in the budget.  The fire department did not make a request but they do have a need.  His recommendation is that when the estimated $100,000 savings in 2012 is recognized that the money be allocated to police and fire personnel.

Mr. Watson asked about the space for the 911 dispatch center.  Mr. Alexiades advised that they currently have enough space for the four towns that will use the dispatch center and they will not be entertaining the possibility of adding other towns until a space assessment is done which is years away.

Vote: Ms. Burns voted to recommend the budget, as recommended by the Town Administrator, be sent to the Advisory Committee for consideration of the fiscal 2012 budget.
Second: Mr. Riley               In Favor: All             Opposed: None

Selectmen/Town Administrator’s Report(s)

  1. Mr. Riley congratulated Randy Sylvester for his work during the latest snow storm.
  2. Mr. Rabuffo wanted to thank the Fire Chief for his involvement and dedication during the latest snow storm.

 

  Votes to be Considered

  1. Renewal of Class I and Class II Lincenses

 
Vote:  Ms. Burns voted to renew

Second: Mr. Riley               In Favor: All             Opposed: None

  1. Renewal of Entertainment Licenses

Vote:  Ms. Burns voted to renew

Second: Mr. Riley               In Favor: All             Opposed: None

  1. Temporary Liquor License for South Shore Art Center

 
Vote:  Ms. Burns voted to grant a temporary liquor license to South Shore Art Center, c/o Diane Kennedy, 18 Shipyard Drive, for an Art Reception on January 8, 2011, from
4 pm to 6 pm.
Second: Mr. Riley               In Favor: All             Opposed: None

Adjournment

Open session adjourned at 9:08 p.m.

Respectfully submitted,

 

_________________________
Betty Foley, Assistant Town Administrator

Approved as amended on ____________.


 

The following pages are documents submitted directly to the Hingham Board of Selectmen’s office and referenced during the 01/04/11 Board of Selectmen Meeting.  These documents were not created or edited by Town Recording Services.

Report to the Hingham Board of Selectmen
Fort Hill Street Veterans Project
 January 4, 2011

The Hingham Annual Town Meeting in April 2010 approved the allocation of Community Preservation Act funds in the amount of $250,000 for use in the acquisition and construction of 6 units of Veterans Housing at 111-113 Fort Hill Street, Hingham, MA.  The approval is subject to four contingencies. “The sufficiency of each contingency shall be determined by the Board of Selectmen in consultation with the Community Preservation Committee ("CPC") and, in the case of the Tenant Selection Plan and Service Plan, in consultation with the Hingham Veteran's Council and the Hingham Housing Authority.”

 (I)  Written commitment for the remainder of the funds needed to complete the Project from federal housing agencies, the Commonwealth of Massachusetts and/or other funding sources;

(ii) Execution and delivery of mortgage and/or other documents protecting the Town's interest in the Property, and in particular, making every effort to secure for the Town a right of first refusal to acquire the Property as reasonably allowed by any private lender(s) and the State and Federal funding agencies;

 (iii) Receipt of all necessary zoning and other permits and approvals required by the Town

(iv) Execution and delivery to the Town of a satisfactory Management Plan, Tenant Selection Plan and Service Plan by Father Bill's & Mainspring with the recommendation of the HHA, Veterans Council and CPC. The sufficiency of each contingency shall be determined by the Board of Selectmen in consultation with the Community Preservation Committee ("CPC") and, in the case of the Tenant Selection Plan and Service Plan, in consultation with the Hingham Veteran's Council and the Hingham Housing Authority

Group of Five
Karen Johnson- Advisory Committee               Ray Estes- Neighborhood Liaison                      Jim O’Brien- HHA, HHT
Jim Claypoole Veteran’s Council                       Dan Coughlin- Community Preservation Committee
Salient Points in the Selection and Service Plans

Selection Plan

Service Plan

Enforceability

 

 

 

            FIRST REFUSAL RIGHT
111-113 FORT HILL STREET, HINGHAM, MA

 

            Agreement made as of the ___ day of January, 2011 by and between FORT HILL HOUSING, INC., a Massachusetts non-profit corporation, having an address of 422 Washington Street, Quincy, Norfolk County, Massachusetts 02169 (hereinafter, “Fort Hill”), and the TOWN OF HINGHAM by and through its Board of Selectmen, having an address of 210 Central Street, Hingham, Plymouth County, Massachusetts 02043 (hereinafter,  the “Town”).

            WHEREAS, Fort Hill is the owner of certain premises known and numbered as 111-113 Fort Hill Street, Hingham, Massachusetts (hereinafter, the “Premises”), said Premises being more fully described in that certain Quitclaim Deed dated October 12, 2010 and recorded with the Plymouth County Registry of Deeds in Book 39137, Page 314; and

WHEREAS, Fort Hill intends to develop and operate the Premises as veterans supportive affordable housing (hereinafter, the “Project”); and

            WHEREAS, the Town, by and through it Community Preservation Committee and Affordable Housing Trust Fund, has committed funds for the Project subject to the Town being granted a first refusal right should Fort Hill desire to sell or otherwise transfer the Premises.

            NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. If Fort Hill receives a bona fide offer for the sale or transfer of the Premises or any part of all of Fort Hill’s interest therein that Fort Hill intends to accept (an “Offer”), Fort Hill shall promptly deliver to the Town written notice of the same together with a copy of such Offer (the “Offer Notice”) and Fort Hill shall provide to the Town such evidence as the Town may reasonably require to satisfy the Town as to the bona fide nature of the Offer.
  2. Upon receipt of an Offer Notice from Fort Hill, the Town shall have a superior right (the “First Refusal Right”) to purchase the Premises and/or Fort Hill’s interest therein, or that portion thereof to which the Offer relates, at the same price and on the same terms as set forth in the Offer by delivering to Fort Hill written notice of its election to exercise the First Refusal Right (the “Exercise Notice”), on or before the date that is one hundred and twenty (120) days after the Town’s receipt of such Offer Notice (the “Exercise Date”). 
  3. If, by the Exercise Date, the Town fails to deliver to Fort Hill an Exercise Notice, the Town shall be deemed to have waived its First Refusal Right with respect to such Offer.  However, the Town shall retain a First Refusal Right for modified or subsequent Offers, notwithstanding any prior actual or deemed waiver of the First Refusal Right herein provided.
  4. The Town shall have the right to nominate another party to act on its behalf in connection with the First Refusal Right or assign its rights under the First Refusal Right to the Hingham Affordable Housing Trust Fund, a municipal housing trust fund established pursuant to and with the powers granted by M.G.L. c. 44, Section 55C and Article 39 of the Town of Hingham General By-Law (the “Trust”) or to any Massachusetts non-profit corporation engaged in the business of providing affordable housing (“Housing Non-Profit”; the Trust and any such Housing Non-Profit are hereinafter referred to collectively as “Assignee”), and effective as of any such assignment to an Assignee, such Assignee shall assume the rights and obligations of the Town with respect to such First Refusal Right with the same force and effect as originally granted herein.  The Town shall provide written notice of any such assignment to Fort Hill.
  5. Within thirty (30) days following the Exercise Date, the parties shall enter into a mutually acceptable purchase and sale agreement (“P&S Agreement”), which shall contain provisions regarding the obligations and agreements of the parties, particularly with respect to the condition of title and Premises on sale pursuant to this First Refusal Right, closing date, place and timing, adjustments, casualty, remedies on default, and any other terms and conditions necessary and/or appropriate in connection with the transaction contemplated herein.
  6. The closing for the sale of the Premises or Fort Hill’s interest therein or any portion thereof to the Town shall take place on or before the date that is one hundred twenty (120) days after the Exercise Date, at 10:00 a.m. Eastern Time at the Plymouth County Registry of Deeds or other location mutually agreed upon by the parties hereto (the “Closing Date”), subject to extension by mutual written agreement or as otherwise set forth in the P&S Agreement referenced in Section 5 above.  The parties agree that, where applicable, the title standards promulgated by the Real Estate bar Association for Massachusetts shall govern all matter of record title and conveyancing practice in connection with this First Refusal Right.
  7. Immediately upon the execution of this document by the parties hereto, it shall be recorded with the Plymouth County Registry of Deeds.
  8. Notwithstanding any other provision herein to the contrary, upon the request of any lender providing financing for the Project, the Town shall forthwith subordinate the First Refusal Right hereby granted to the lien of any mortgage, affordable housing restriction or related instrument required in connection with such financing.
  9. Whenever notice shall or may be given either to Fort Hill or the Town under this First Refusal Right, such notices shall be in writing and shall be sent by hand, by registered or certified mail, or by overnight or other commercial courier, postage or delivery charges, as the case may be, prepaid, to the addresses set forth in the first paragraph hereof (or to such other address or addresses as may from time to time hereafter be designated by either party by notice meeting the requirements of this Section 9.
  10. The First Refusal Right herein granted shall inure to the benefit of and be binding upon the respective successors and/or assigns of the parties hereto.

[SIGNATURES AND ACKNOWLEDGEMENTS FOLLOW]

IN WITNESS WHEREOF, the undersigned have executed this First Refusal Right as an instrument under seal as of the day and year set forth above.

 

                                                                        FORT HILL HOUSING, INC.

 

                                                                        By: ________________________________
                                                                                    John Yazwinski
                                                                        Its:       Chief Executive Officer

                                                                       

                                                                        TOWN OF HINGHAM

 

                                                                        By its Board of Selectmen

                                                                        ________________________________
                                                                        Bruce Rabuffo, Chairman

                                                                        ________________________________
                                                                        Laura M. Burns

                                                                       
                                                                        ________________________________
                                                                        John A. Riley


COMMONWEALTH OF MASSACHUSETTS

NORFOLK, ss.                                                                                                                                

On this ___day of October 2010, before me, the undersigned notary public, personally appeared JOHN YAZWINSKI, proved to me through satisfactory evidence of identification, being (check applicable box): driver’s license or other state or federal governmental document bearing a photographic image, oath or affirmation of a credible witness known to me who knows the above signatory, or my personal knowledge of the identity of the signatory, to be the person whose name is signed on the preceding or attached document, and acknowledged that the said document was signed voluntarily for its stated purpose, as Chief Executive Officer of Fort Hill Housing, Inc.

                                                                        ____________________________________
                                                                        Notary Public
                                                                        ____________________________________
                                                                        Print Name
                                                                        My commission expires: _______________

 

COMMONWEALTH OF MASSACHUSETTS

_______________________, ss.                                                                                                      

On this ___day of January 2011, before me, the undersigned notary public, personally appeared Bruce Rabuffo, Laura M. Burns and John A. Riley, proved to me through satisfactory evidence of identification, being (check applicable box): driver’s license or other state or federal governmental document bearing a photographic image, oath or affirmation of a credible witness known to me who knows the above signatories, or my personal knowledge of the identity of the signatories, to be the persons whose names are signed on the preceding or attached document, and acknowledged that the said document was signed voluntarily for its stated purpose, in their capacities as members of the Board of Selectmen of the Town of Hingham.

                                                                        ____________________________________
                                                                        Notary Public
                                                                        ____________________________________
                                                                        Print Name
                                                                        My commission expires: _______________

 

S:\REALESTATE\FIRST REFUSAL RIGHT\Fort Hill Housing, Inc..doc

 

 

 

TENANT SELECTION PLAN

Outreach and tenant selection for Fort Hill Veterans Supportive Housing (“Fort Hill Housing”) will be performed by Father Bills & MainSpring, Inc. (“Father Bill’s”), the property manager and service coordinator. The initial review and evaluation for all tenants will be conducted by the Hingham Housing Authority (“HHA”).  The initial review of threshold requirements will be conducted by Father Bill’s.  These Veterans may require assistance from Father Bill’s in locating and obtaining documentation of income, veteran’s status, and homelessness as well as completing application forms required for both the HHA and Father Bill’s. Applicants who meet these threshold requirements will be referred to the HHA’s waiting list for the program and all threshold documentation will be forwarded to the HHA.  When the HHA is satisfied that a prospective tenant has met all threshold requirements, the applicant’s file will be provided to Father Bill’s for further processing.  This process shall apply to the initial selection of 6 new tenants as well as any future tenants, and shall remain in effect during the term of their occupancy.  Tenants selected for residence in Fort Hill Housing shall be housed pursuant to five (5) project-based Section 8 vouchers (“PBV”) to be administered by HHA and one (1) tenant-based Section 8 voucher (“TBV”) to be administered by either HHA or another local housing authority (PBV and TBV are hereinafter referred to collectively as “Vouchers” and each a “Voucher”).  All Vouchers utilized for tenants of Fort Hill Housing shall be administered pursuant to and in accordance with this Selection Plan regardless of whether or not HHA is the Voucher administrator.
           

Threshold Requirements for Selection

  1. U.S. Veterans must present a valid and documented DD-214.  Veterans will submit the DD-214 to the HHA as a part of the tenant application process.  All U.S. Veterans will be eligible to apply for housing provided such Veterans (a) have been issued either an Honorable or General Discharge from the U.S. Armed Forces as reflected on their form DD-214; and (b) are receiving or are eligible to receive U.S. Veterans’ benefits.  No other classifications of discharge will be deemed acceptable for purposes of tenant qualification and eligibility. In determining whether a prospective tenant is eligible for selection for Fort Hill Housing the HHA may consult with  the Veteran’s Agent serving the Town of Hingham.
  2. All applicants must be homeless at the time of application, documented according to acceptable forms of homeless documentation as coming directly from a shelter, transitional program for homeless U.S. Veterans or other similarly recognized source or program.  Other forms of homelessness may include living temporarily with a friend for family member or pending eviction with relevant documentation required.
  3. Each applicant’s income must be no more than 30% of the Boston Standard Metropolitan Statistical  Area (“Boston SMSA”) median income as listed with the U.S. Census Bureau, including eligible adjustments under the relevant rental subsidy program. 
  4. Tenants must meet all requirements of the relevant rental subsidy program, including but not limited to CORI checks to include all arraignments and convictions.  The HHA will have sole discretion to evaluate the results of the CORI check and make a final determination for eligibility as a tenant.  The HHA CORI check provisions and process utilized in other HHA properties will be consistently applied.
  5. Services provided by Father Bill's pursuant to the agreed upon service plan, must be adequate to meet the needs of applicants as assessed by service provider staff in conjunction with the HHA, but under no circumstances will an applicant be denied housing in violation of applicable state and federal fair housing laws.

Tenant Selection Procedure

  1. Outreach efforts will commence 3 months prior to initial occupancy. Applications will not be accepted until 60 days prior to anticipated occupancy. Leases will not be executed more than 14 days prior to move-in date.  The target population of homeless veterans are typically unable to plan ahead due to the precarious circumstances of their day-to-day lives. 
  2. Outreach efforts will target individuals who meet the threshold criteria for housing with marketing to focus on area homeless and veterans programs, as well tenants recommended by  local Veterans Agents.  Targeted outreach will encourage applications from individuals with prior or current histories of living or working in Hingham and adjacent Towns.  All outreach efforts will be conducted in compliance with requirements under the State’s Qualified Allocation Plan ("QAP") for housing development subsidy programs.  When Father Bill's selects a tenant from the list of referrals provided by the HHA in accordance with its approved written tenant selection plan, Father Bill’s does not have to screen the referrals in the order of placement on the HHA waiting list. Rather, Father Bill’s should screen prospective applicants based on the order in which the applicant contacts the owner, comes to see the unit and completes the owner’s selection requirements.
  3. Applicant completes and submits written application for participation in the housing program, including all required documentation of income, veteran’s status, homeless status, disability and sobriety.
  4. Applicants who meet threshold criteria are notified in writing and provided with information about the selection system and the timetable of selection and execution of leases.
  5. Eligible applicants will be required to participate in at least one interview with a Father Bill’s case manager to assess whether program services are adequate to meet the needs of the applicant.  In the event it is determined by Father Bill’s that further clinical evaluation is required, such evaluation shall be conducted prior to completing the selection process.  The interview will be consistent with interviews for all potential candidates for internal Father Bill's housing programs. All information gathering will be performed in compliance with applicable state and federal fair housing laws.  Information to be considered in the assessment process for tenant eligibility shall include, without limitation, the following:
    1. Information about past substance abuse and relapse, applicants self –assessment of current ability to maintain sobriety, and applicant’s self-assessment of continued efforts/services needed to maintain sobriety.
    2. Information about work history and issues contributing to unemployment, participation in employment program, and current employment is applicable.
    3. Information about history of housing, issues contributing to homelessness.
  6. The staff of Father Bill’s will review the information from the application and the interview(s) and make a final determination for eligibility for the program, subject to approval by HHA for rental subsidy participation.  The HHA will not verify an applicant’s final rental subsidy eligibility until after Father Bill’s has approved such applicant for tenancy.  The HHA will initially conduct a full CORI check and a verification that the applicant falls within the income guidelines set by the U.S. Department of Housing and Urban Development (“HUD”).  The HHA will clearly outline the admissions process in the selection/referral letter that is sent to the applicant, along with any pertinent terms and conditions that are a part of the Lease Agreement required for all tenancies.  This information will include information about any special features in the project and any selection preferences, where applicable.  Either the HHA or other administering housing authority, as appropriate, will advise applicants that both initial and continued Voucher eligibility will be contingent upon the individual’s willingness to participate in a program of supportive services to be administered by Father Bill’s.  All determination of eligibility will be made in accordance with all applicable state and federal fair housing laws.
  7. All applicants selected to occupy Fort Hill Housing will be briefed by the HHA on program benefits and responsibilities.  The oral briefing will include a description of how the Voucher program works and family and owner responsibilities.  Each briefed family or individual will receive a packet that contains:  a) Information on how the HHA determines the total tenant payment; b) family obligations under the program; c) applicable fair housing information; and d) information about continued program eligibility if household composition changes and unit size is no longer suitable. If the family head or spouse is a person with a disability, the HHA will take appropriate steps to insure effective communication including appropriate, alternative formats.
  8. Applicants who are determined to be ineligible, either as a result of a threshold eligibility review or as a result of the interview process, will be notified by letter, (a copy of which will be sent to the HHA) which informs them of the basis for determination and notifies them that they may appeal the determination by submitting additional information to Father Bill‘s  regarding eligibility with in 5 business days after receiving the notice.  The letter will contain the statement “if you believe you have been discriminated against in seeking housing, you should contact the Massachusetts Commission Against Discrimination # 617-727-3990 or the US Dept of Housing and Urban Development Housing Discrimination # 1-800-669-9777.

Reasons for rejecting applicants who meet threshold eligibility criteria may include, but not be limited to:

  1. Applications will be reviewed on a first come first served basis. Each application received will be numbered according to the order in which it is received. If there are more eligible applicants than there are available units, then a lottery will be held to fill initial vacancies.  Telephone and other referrals will be logged with the date and time of contact for review/copy to HHA.  For future vacancies, a waiting list will be maintained according to the applicant’s lottery number or for applications received after the initial lottery, a number will be assigned according to the order in which the application was received. Due to the nature of the program and the target population, individuals will not be maintained on the waiting list for more than 6 months without updated verification of homelessness and other eligibility criteria.
  2. All marketing and tenant selection procedures will be conducted in compliance with applicable state and federal fair housing laws.
  3. Targeted outreach will be performed, as needed to fill vacancies and mailings will be sent out when the waiting list is insufficient to fill vacancies.

List of programs/organizations targeted for outreach efforts:

This Tenant Selection Plan may only be amended by a writing agreed to by Father Bill’s and the Hingham Board of Selectmen (or its designee) except as required to comply with applicable state and federal fair housing laws as the same may be amended from time to time.

FORT HILL STREET VETERANS SUPPORTIVE HOUSING SERVICE OUTLINE

The Hingham Housing Authority (“HHA”) and the Hingham Veterans Council (“Veterans Council”) shall receive a written summary of services provided to the residents of Fort Hill Veterans Supportive Housing (“Fort Hill Housing”) on a quarterly basis.  This requirement shall remain as long as the Veterans Council or it’s successor body remains in existence.  This summary will be based on the overall program and will identify specific services collectively provided to tenants.  This report will also include a description of any change in the service scope that Father Bill’s believes is appropriate for the current and prospective residents of the Fort Hill Housing.  Either the HHA or the Hingham Veterans’ Agent may call for a meeting to discuss that report, with both parties to participate in such a meeting.  If services are deemed to be significantly inadequate, this would be a breach of both the Section 8 rental subsidy contract and potentially the state financing documents.  Upon completion of an appropriate voluntary release form by a resident veteran, Father Bill’s will release any requested information or documents from the resident’s confidential file to the Hingham Veterans’ Agent.

All services provided to tenants of Fort Hill Housing will be based on individual tenant needs.  While it is anticipated that many of the veterans will share common military and post-military experiences and may have shared needs based on these experiences, no participant will be required to participate in services that are not appropriate for his individual needs.  As permanent long-term housing, it is also acknowledged that individual participant needs are likely to change over time, though not necessarily on a linear trajectory of recovery and reintegration.

Residents deemed capable of independent living within a peer supported environment with individualized case management services and educational support groups are selected based upon the approved Tenant Selection Plan.  These residents may include disabled veterans who are capable of independent living, but not capable of full-time employment as well as those who need assistance in rejoining the work force.  Some residents may be employed at the time of entry and may or may not need assistance to develop a new career path.  Services for these veterans will be offered according to individualized needs and will include the following:

1.         The primary service is offered by Father Bill’s and is the supportive permanent housing environment offering peer support from other tenants as well as a resident manager.  The model is "veterans helping veterans" to recover from military and post-military experiences that have led to difficulty in reintegrating back into the community.  This peer support is reflected in day-to-day living as well as monthly educational support groups and weekly house meetings, as needed.  Interpersonal skills, conflict resolution skills, dealing with authority figures and other social skills are key to veterans’ reintegration.

2.         Case management support will include individualized service plans to be re-evaluated on a quarterly basis.  The assigned case manager will work with each participant to assist them in accessing community based services, including, but not limited to, counseling, health care, health insurance, disability benefits, legal assistance, education, employment and other services.  Case management support also includes teaching each participant the skills that they may need to improve their independent living, including, but not limited to, nutrition, preventative health care, budgeting/money management, housekeeping, and tenant rights and responsibilities, among others.

3.         HVRP services including, but not limited to, the following:

4.         The career training/job opportunities focus on the following industries such as:  energy efficiency, culinary and food service, landscaping, automotive, health care, transportation and waste removal and these services will include support in the application, awareness of available funding sources, and all outreach needed to accomplish these goals.

5.  Referrals to appropriate healthcare, counseling, rehabilitation and employment services including assistance with securing transportation to access to aforementioned services, as needed.

Nothing herein shall be construed to be in conflict with 108 CMR 1.00-11.00.  In the event such a conflict arises, the provisions of 108 CMR 1.00-11.00 shall control.

This Service Outline may only be amended by a writing agreed to by Father Bill’s and the Hingham Board of Selectmen (or its designee) except as required to comply with applicable law.

 

 

FIELD AGREEMENT
           

THIS AGREEMENT (“Agreement”) is entered into by and between the Town of Hingham Board of Selectmen, the Town of Hingham Recreation Commission (collectively the “Town”) and Ward Street Turf Fields Fund (the “Fund”).  Hereinafter the Town and the Fund are referred to as the “Parties.”

WHEREAS, the Fund is a charitable organization which seeks to construct a single natural grass athletic field, with associated access and parking, on a Town-owned parcel of undeveloped land immediately to the north of the existing Margetts Field on Ward Street (the “Project”); and

WHEREAS, the permitted access and parking improvements will be constructed on the undeveloped parcel of land as well as the Margetts Field parcel, which is controlled and managed by the Recreation Commission; and

WHEREAS, the Project construction is a gift to the Town, and such construction shall be directed and performed by the Fund; and

WHEREAS, The Board of Selectmen and the Recreation Commission have voted to allow the Fund to advance the design, permitting, and construction of the proposed Project (the “Work”); and

WHEREAS, all necessary permits have been obtained by the Fund and are recorded at the Plymouth Registry of Deeds (the “Project Permits”); and

WHEREAS, the Parties have agreed to certain terms which will be memorialized prior to the commencement of Project construction.

NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the Parties agree as follows:

1. INDEMNIFICATION: To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Contractor's liability insurance purchased by the Contractor, the Fund shall indemnify and hold harmless the Town, and its agents and employees of any of them from and against claims, damages, losses and expenses, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist.

2. SECURITY: The Fund agrees to maintain sufficient funds to ensure completion of the Work.

3. INSURANCE: The Fund agrees to require the identification of the Town as a named insured within the Contractors liability insurance policy related to the Work.

4. FIELD MANAGEMENT: The Board of Selectmen and Recreation Commission shall enter into an agreement concerning the management of the field prior to completion of the Project. The Town shall rent the field to users as is customary, giving priority scheduling to Hingham-based lacrosse programs in the spring season.

5. REPRESENTATION: The undersigned represent that they have the authority to execute this Agreement on behalf of the respective Parties.

6. MISCELLANEOUS: This Agreement may not be modified except upon the express written consent of all of the Parties. This Agreement shall be construed under and governed by the laws of the Commonwealth of Massachusetts. This Agreement may be executed in counterparts, and each counterpart, when executed, shall have the efficacy of a signed original. 

IN WITNESS WHEREOF, the Parties have signed and executed the foregoing.

 

WARD STREET TURF FIELDS FUND                         THE TOWN OF HINGHAM
                                                                                    BOARD OF SELECTMEN

 

__________________________                                _________________________
Donald J. MacKinnon, Trustee                                   Bruce Rabuffo, Chairman
Dated:  January   , 2011
                                                                         _________________________         
__________________________                                Laura Burns
Brian Hlidek, Trustee
Dated:  January   , 2011                                         _________________________         
                                                                                    John A. Riley

Dated:  January   , 2011

                                                                                   
TOWN OF HINGHAM
RECREATION COMMISSION

__________________________
Frank Jones, Chairman
Dated:  January   , 2011