Back to Board of Selectmen Meeting Minutes
Tuesday, February 1, 2011
Regular Session 6:38 PM - Open Session
Hingham Town Hall
Present: Bruce Rabuffo, Chairman; Laura M. Burns; John A. Riley; and Ted Alexiades, Town Administrator.
Executive Session: Chairman Rabuffo called the meeting to order. He announced that the Board of Selectmen will recess to executive session to discuss collective bargaining with members of the Personnel Board as discussing the matter in open session may have a detrimental effect on the Board's negotiating position and will return to open session.
Voted - A motion was made by Laura Burns and seconded by John Riley to recess to executive session for the purpose of discussing strategy with respect to collective bargaining. A vote was taken by roll call and showed as follows: Chairman Rabuffo – yes, Mr. Riley – yes, Ms. Burns – yes. The motion passed.
The open session recessed at 6:38 PM and reconvened at 7:18 PM.
Chairman Rabuffo announced that his thoughts are with the Nagle family, William Hancock recently received the Eagle Scout award, and Sean Fitzmaurice has been named brigade commander at the U.S. Naval Academy.
Questions from the Public: There were no questions from the public.
Lincoln Day Presentation: Scott Ford, Chairman of the Historic Districts Commission, addressed the Board and invited the public to the annual Lincoln Day Celebration this Saturday, February 6, 2011, at 11:00 AM at Old Ship Church. He presented the Board with a proclamation to be read at the Celebration.
Approval of Minutes of January 4, 14 and 18, 2011: No action was taken.
Joint Session with the Planning Board to Interview Candidates for Planning Board Vacancy: Chairman Rabuffo announced that the purpose of the joint session with the Planning Board is to interview candidates who applied for Susan Murphy's vacancy on the Planning Board due to her recent resignation. Paul Healey, Chairman, Sarah Corey, Gary Tondorf-Dick, and Judy Sneath (members of the Planning Board) joined the Board of Selectmen. Chairman Rabuffo stated that five applications were received, an election will be held in April for a new term, and each candidate individually will be asked a series of questions while the remaining candidates remain in the hall. The following candidates were interviewed:
Alan Kearney – 40 Kirby Street
Mathew MacIver – 39 Green Street
William Ramsey – 55 North Street
Bryan Sweeney – 192 Otis Street
Jack Gamache – 29 Governor Long Road
Alan Kearney: Why do you want to be on the Board; what are the biggest land use issues facing the Town; how do you deal with the NIMBY (Not In My Backyard) issue; what do you take into account when acting on a discretionary matter; and how do you make decisions (are you decisive)? Mr. Kearney responded his care for the Town, the length of his residency, liking to work with boards and people; the Derby Street shop area; being balanced and fair; precedents and weighing the merits; and with experience, balance and fairness.
Mathew MacIver: To what extent should an individual's right to develop his or her property be allowed; how do reconcile voting for a project you don't like; describe how your roles on other Town boards make you qualified; what is the most important land issue facing the Town; and if you were on the board at the time of Erickson, what position would you have taken? Mr. MacIver responded for lawful purposes, in conformance with by-laws, with sensitivity to the person and the Town, with balance; understand the law and objectives and put personal preferences aside; being part of good discussions and development of fair and impartial perspectives; South Hingham and development of commercial and industrial property, transportation; and it is difficult to answer, it's a change in the perspective.
William Ramsey: Why do you want to be on the Board; how do you deal with the NIMBY issue; to what extent should an individual's right to develop his or her property be allowed; if you had to run a campaign right now, what would be your slogan; what were the highpoints of your decision making or negotiations on the Veterans' home? Mr. Ramsey responded his love for the Town, the length of his residency, his community service, his beneficial legal skills and experience with planning and zoning issues; he's personally been on both sides and the equities of the proposer and abutter must be balanced; the development must fit the by-laws, look at the concerns of abutters; the slogan is unknown but the theme is involvement in Town, experience and community service; and he summarized his Veterans' home roles and experiences.
Bryan Sweeney: Why do you want to be on the Board; how do you deal with the NIMBY issue; what is your decision making process; what will be your campaign slogan; and to what extent should an individual's right to develop his or her property be allowed? Mr. Sweeney responded foster the historic nature and preserve the character of Hingham, balance with future changes, can bring a real estate background, think ahead about future regulations; look at cases specifically and objectively; he was trained analytically, be unbiased and unemotional, base decisions on regulations and the strategic direction of town; committed to completing this term and will consider it a trial period; and review the regulations, consider what the development means to the future of Town of Hingham and the impact on services.
Mr. Sweeney asked about the process going forward. Chairman Rabuffo stated that he would poll the members at the end of interviews about voting tonight or delaying the process.
Jack Gamache: Why do you want to be on the Board; what is your decision making process, what is the most important land issue in Hingham; how do you deal with the NIMBY issue; and what factors would you consider in a request for relief that is discretionary? Mr. Gamache responded he is an architect and has prior board membership experience; be consistent, be concise, consider precedents; Downtown parking and the Shipyard; professionally he works with people, get them to talk to each other, listen; and research the background, view individual circumstances.
At the conclusion of the interviews, the consensus among the Board members was to vote. Chairman Healey nominated William Ramsey for the position. The nomination was seconded by Ms. Corey. Discussion followed. A vote was taken, and all were in favor.
The consensus of both Boards was that the candidates all were qualified and should be invited to run for the position in the election in April.
Fields Management Discussion with the Recreation Commission: Chairman Rabuffo announced this item is a continuation of discussions, and that the Board has before it a draft of the Recreation Commission Field and Facilities Management Agreement. Frank Jones, Chairman, and Paul Paget, representing the Recreation Commission, joined and addressed the Board. Mr. Paget reviewed the process taken in formulating the agreement; the inclusion of Margetts Field Two, Carlson Field Complex and Powers Field; and the desire to formalize each party's responsibilities in the agreement. Discussion followed. Each of the Selectmen and Mr. Alexiades expressed concern over the perpetual term of the agreement. The Board suggested that the agreement specify a review at five year intervals. Discussion followed regarding the Commission's budget and payments out of user fees, DPW services, the Country Club, fairness, long-term investments made by the Commission, the Board's appreciation for the Commission's concerns and need for a long-term contract, and modifying the language with respect to DPW's services to read "as negotiated." Ms. Burns noted the inability of the Board to commit contractually to funding the Director's salary. Discussion continued regarding the language in Section 4.1 and 2.1.3. Mr. Alexiades stated that Town Counsel has not yet reviewed the draft agreement but he will make the request. Ms. Burns noted that with respect to management and control of assets and facilities, the South Shore Country Club is not under the management of the Recreation Commission. There was no public comment. No formal action was taken.
Discussion of Establishment of a Permanent Building Committee with the Permanent Building and Facilities Management Study Committee: Chairman Rabuffo introduced the item, stating that the group had been formed to study the merits of whether or not to have a permanent building committee, and there have been a series of discussions since then. Jerry Seelen, Chairman of the Permanent Building and Facilities Management Study Committee, joined the meeting and addressed the Board. He reported on the progress of studying the issue and recommended the inclusion of two articles in the Town Warrant. He noted the feedback on the establishment of a standing committee and on the study, stating that the School Committee expressed skepticism and he has recommended eliminating the schools from the by-law. Mr. Seelen reviewed the first recommended article, which is a request for funding for a facilities study. He suggested that the cost of study based on two estimates would be about $60,000-$70,000. He also reviewed the second recommended article, which is a Hingham Building Committee By-law. He summarized the purpose of the Committee as set forth in the By-law, noted that the two issues for further discussion are Committee size and appointing authority, and pointed out the inclusion of a sunset provision. Finally, he noted that the Study Committee has provided written responses to the questions previously submitted by the Board of Selection.
Chairman Rabuffo and Mr. Riley questioned if there had been unanimity among the Study Committee's members. Roger Fernandes, Committee Member, addressed the Board regarding concerns over the size of the committee, the dollar thresholds on some projects, and impact on staff. Mr. Seelen explained the presence of the options in the By-laws. Mr. Riley expressed concern regarding surplus property and whether this is the right method for taking inventory and suggesting best uses, the sunset clause, and whether there should be more discussion and detail prior to a vote at Town Meeting. Ms. Burns commented regarding thresholds, the difficult process to change a by-law, the provision requiring a member to step down after six years, the inclusion of the reference of the study in the By-law, and the Waiver of Requirements provision.
Chairman Rabuffo asked if there was any public comment. Mr. Bob Garrity provided public comment regarding his past experiences with permanent building committees. He expressed concern over maintaining enthusiasm, long-term workload, the existence of a need for such a committee especially without schools, and alternatively putting the management focus on the people doing the project. Chairman Rabuffo noted that the Hingham Municipal Light Plant in addition to the School Committee may not want to participate, and he expressed concern that the item is not ready for a warrant article. Ms. Burns would like further inquiry into staff management prior to making any recommendations. Chairman Rabuffo would like to see the pros and cons of both sides. Mr. Riley questioned the exclusion of Town staff in the By-law, the likely need for staff, and record keeping practices. The consensus was to hold off on putting the articles on the Town Warrant. No formal action was taken.
Red White and Blue Stripe on Parade Route: Mr. Alexiades summarized request of the 4th of July Parade Committee to make the red, white and blue stripe on the parade route permanent year round. He noted the concerns raised by the Town Engineer and the Police Chief, including if state or legislative approval is needed, safety, and liability. Mary Ann Blackmer, representing the Parade Committee, addressed the Board. Ms. Blackmer stated issues still do need resolution, Representative Garrett Bradley will assist if the Board of Selectmen approve the concept and Legal also approves, and the painting will be at the expense of the Parade Committee. Discussion followed. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley in support of the project as described pending clearing all of the legal, federal and state, and practical obstacles associated with the project. A vote was taken and all were in favor; the motion passed.
Police Department Civil Service List for Vacancies: Mr. Alexiades reported that with the pending retirement of the Chief and a deputy, and a third retirement before the end of the year, Chief Mills is requesting a Civil Service list for the hire of two candidates. Discussion followed. There was no public comment
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley granting permission to proceed to in order to start the process. A vote was taken and all were in favor; the motion passed.
North Street Pole Removal: Roger Fernandes addressed the Board and summarized his receipt of a Letter of Intent from Verizon for the undergrounding of aerial Verizon facilities along North Street for the estimated cost of $70,000.00. He explained the scope of the work and that he would obtain a revised letter for signature due to the 60 day expiration clause. There was no public comment.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to authorize the payment of $70,000.00 to Verizon on behalf of the Town of Hingham for work on the North Street project as described in the Letter of Intent. Discussion followed. Mr. Alexiades noted the original proposal was for $130,000. A vote was taken and all were in favor; the motion passed.
Rescission of 229 North Street Permits. Mr. Alexiades noted this action is being taken at the advice of Real Estate Counsel pursuant to the RFP and with respect to the 40B issue. There was no public comment.
VOTED – A motion was made by Mr. Riley and seconded by Ms. Burns to request the Zoning Board of Appeals to rescind permits for 229 North Street. A vote was taken and all were in favor; the motion passed.
Cranberry Lane and Rosewood Lane Articles: Mr. Alexiades noted that this vote would provide a two-month window to work out minor details and would not be deemed an approval or any sort of agreement. Discussion followed regarding the process. There was no public comment.
VOTED – A motion was made by Ms. Burns and seconded by Mr. Riley to open and close the 2011 Annual Town Meeting Warrant to insert street acceptance articles for Cranberry Lane and Rosewood Lane. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator's Report: Mr. Alexiades outlined the timelines for an internal and external search process for a new Police Chief, recommending that the Board undertake the internal process. Discussion followed. The consensus was to conduct an internal search first. He also reported on the current snow removal deficit of approximately $150,000 prior to the current storm, and stated that the mass accumulation of snow is requiring additional removal for Downtown parking and public safety issues. 3 Otis Street discussions are ongoing, and proposals are anticipated within the next few weeks. Discussions are also ongoing with representatives from Avalon Bay to discuss a 40B development off of Recreation Drive. Lastly, he reported on an opportunity to participate in a United States-Pakistan Partnership program for Public Administrators being sponsored by the MMA, in which communities will host professional public administrators from Pakistan. The Board was in favor of participation in the program.
Ms. Burns reported on the popularity of the golf simulator at the South Shore Country Club, and inquired about the status of posting the Warrant articles on the website. Mr. Alexiades provided an update.
Mr. Riley reported on his meeting with a landowner in South Hingham regarding a possible sale of the property for use as a future treatment facility.
Adjournment: Chairman Rabuffo announced that the Board will adjourn to executive session to discussion litigation regarding the Hersey House and will not return to open session.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to adjourn to executive session for the purpose of discussing pending litigation and not to return to open session. A vote was taken by roll call and showed as follows: Chairman Rabuffo – yes, Mr. Riley – yes, Ms. Burns – yes. The motion passed.
The open session adjourned at 10:03 PM.
Respectfully submitted,
__________________________
Laurie Zivkovich
Clerk Pro Tem