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Board of Selectmen - Meeting Minutes

 

February 8, 2011
7:10 PM - Open Session
Central Hearing Room 2nd Floor, Hingham Town Hall

Present:  Bruce Rabuffo, Chairman; John A. Riley; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator.  Laura Burns joined the meeting at 7:35 PM.

Chairman Rabuffo called the meeting to order. He reviewed the order of the agenda for the evening and announced that Selectman Burns is in en route from another meeting on Town business.

Approve Minutes of January 4, 14 and 18, and February 1, 2011:  Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to approve the minutes of January 4, 14, and 18, and February 1, 2011, as written. There was no discussion or public comment. A vote was taken and all were in favor; the motion passed.

Appointments:
Retirement Board:  Mr. Alexiades explained that he no longer serves as the Ex Officio Member on the Retirement Board as that position is held by the Town Accountant.  There is a current opening on the Board due to the recent resignation of Mr. Hall. 
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to appoint Ted Alexiades a member of the Retirement Board for a term expiring June 27, 2013.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Shade Tree Committee:  Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to appoint A. Jordan Smith a member of the Shade Tree Committee.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Temporary Liquor License:  Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to grant a temporary liquor license to Hingham Youth Hockey c/o Ellie Lynch Pariseault, for a social, to be held at the Old Ship Parish Hall on March 18, 2011. There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Common Victualler Licenses:  Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to grant the following Common Victualler Licenses:
            Epicurean Feast at Talbots, 175 Beal Street
            Epicurean Feast at Serono Labs, 1 Technology Place, Rockland, MA
There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Questions from the Public:  There were no questions from the public.

Discussion of 2011 Warrant Articles:
Elder Services Revolving Fund:  ARTICLE J.  Will the Town accept the provisions of Massachusetts General Laws, Chapter 44, Section 53E ½, so as to establish and define the terms of a departmental revolving fund for the Council on Aging, or act on anything relating thereto? (Inserted at the request of the Council on Aging)  Mr. Alexiades summarized the current practice and explained that with a revolving fund, collections of fees for programs go in and payments to program instructors go out.  Barbara Farnsworth, Director of Elder Services, addressed the Board and summarized the benefits of a revolving fund. 
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend favorable action on the Warrant Article regarding the Elder Services Revolving Fund.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Transfer Funds into Stabilization FundARTICLE L.  Will the Town raise and appropriate, or transfer from available funds, a sum of money for transfer into the Stabilization Fund to offset future property tax increases, or act on anything relating thereto?  (Inserted at the request of the Board of Selectmen) 
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend favorable action to transfer funds into the Stabilization Fund in the amount of $1,172,576.00.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Transfer Funds from Stabilization Fund:  ARTICLE M.  Will the Town appropriate a sum or sums of money from the Stabilization Fund and/or from available reserves for the purpose of reducing the tax rate, or act on anything relating thereto? (Inserted at the request of the Board of Selectmen)  Mr. Alexiades explained the purpose of the transfer from the Stabilization Fund and the effective reduction in the tax rate.
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend favorable action to transfer funds from the Stabilization Fund in the amount of $176,629.00.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Assume Liability for DCR on Rivers, Harbors, etc.ARTICLE H.  Will the Town assume liability in the manner provided by General Laws, Chapter 91, Section 29, as amended, for all damages that may be incurred by work to be performed by the Department of Conservation and Recreation of the Commonwealth of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth, or act on anything relating thereto?  (Inserted at the request of the Board of Selectmen)  Mr. Alexiades explained the standard nature of the article and the requirement for indemnification. 
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend favorable action to assume liability for DCR on Rivers, Harbors, etc. There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed. 

Hannah Lincoln Whiting FundARTICLE A.  To choose all necessary Town Officers, other than those to be elected by ballot, including the following:  1. One member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund for a term of three years, or act on anything relating thereto. (Inserted at the request of the Board of Selectmen)
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend Tereza Prime of 703 Main Street to be elected a member of the Hannah Lincoln Whiting Fund for a term of three years.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion carried.

Plymouth County Cooperative Extension ServiceARTICLE B.  Will the Town confirm appointment of a Director for the Plymouth County Cooperative Extension Service in accordance with the provisions of the General Laws of Massachusetts, Chapter 128, Sections 41 and 42, or act on anything relating thereto?
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend that the Town confirm the choice of the Board of Selectmen for Marjorie Mahoney as Director for the Plymouth County Cooperative Extension Service to serve for one year.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Committee Reports: ARTICLE C.  To hear the reports of the following:  Affordable Housing Trust; Animal Shelter Site Study Committee; Audit Committee; Capital Outlay Committee; Commission on Disability Issues; Community Preservation Committee; 2010 Committee to Review the Efficiency and Effectiveness of Town Government; Conservation Commission; Country Club Management Committee; Council on Aging; Energy Action Committee; GAR Hall Trustees; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Board of Managers of Lincoln Apartments LLC; Long-Range Waste Disposal and Recycling Committee; Memorial Bell Tower Committee; Open Space Acquisition Committee; Public Works Building Committee; Regional Refuse Disposal Planning Committee;  Scholarship Fund Committee; 2006 School Building Committee; Wastewater Master Planning Committee; and Water Supply Committee,  or act on anything relating thereto.  (Inserted at the request of the Board of Selectmen)
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to recommend favorable action on the Committee Reports as written.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Building Department Revolving Fund: ARTICLE I:  Will the Town accept the provisions of Massachusetts General Laws, Chapter 44, Section 53E 1/2, so as to establish and define the terms of a departmental revolving fund for the Building Department, or act on anything thereto?  (Inserted at the request of the Board of Selectmen)  Mr. Alexiades explained the process whereby the collection of fees for permits is used to pay inspectors.
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to make a favorable recommendation that the amount that may be spent from the Building Department Revolving Fund be limited to $250,000 for FY 2012.  There was no discussion or public comment.  A vote was taken and all were in favor; the motion passed.

Chairman Rabuffo explained that these Articles would now be passed on to the Advisory Board for its consideration.

The meeting recessed at 7:25 PM and reconvened at 7:37 PM.  Laura Burns joined the meeting.

Joint Session with Advisory Committee and School Committee - Budget Presentation and Discussion on the Middle School Feasibility Warrant Article: 

Budget Presentation:  Chairman Rabuffo announced that joining the Board of Selectmen are the members of the Advisory Committee and the School Committee, and that the purpose of tonight’s meeting is to educate everyone about the school budget and to discuss it.  He introduced Jacking Manning, Chair of the Advisory Committee and Linda Hill, Chair of the School Committee.  Ms. Hill summarized the history of the budget development and stated that the budget is a level services budget as requested by the Town with the same services as last year and with a few staffing additions due to increased enrollments.  She also thanked everyone for addressing the recent Middle School roof issues.

Dr. Dorothy Galo, Superintendent of Schools, addressed the Board and the Committees.  She first reviewed the new statement of mission. She then reviewed the budget discussion packet which was distributed to the Board and the Committees at the meeting page by page.  The budget discussion packet contained the following pages:  Operating Budget Pressures for 2011-2012; Preliminary Enrollment Figures for FY 2012 Budget Development; Elementary Class Size History; Hingham Public Schools Monthly Enrollment 2010-2011; What’s In (and What’s Not In) the Level Services Budget?; High Priority Requests (Not Currently in the Budget); Proposed FY 2012 Budget Summary by Program Area; Proposed FY 2012 Budget Summary by Line Item; Proposed FY 2012 vs. FY 2011 Budget Comparison by Line Item; Proposed FY 2012 vs. FY 2011 Budget Explanation of Differences; Federal Educational Stimulus Grants (A.R.R.A. Program), Special Education Budget as % of Total School Operating Budget FY ’98 to FY ’12; Special Education Budget Analysis With and Without Offsets (IDEA, CB, ARRA and SSEC); Classroom Teachers and K-12 Enrollment FY 2007-2011 Actuals to FY 2012 Projected; Secondary Core Subjects Enrollment Increases vs. Sections; What Does the Benchmarking Show?; What Are Sources of Funding for Town and School Services Beyond the Tax Levy (capped at 2.5%); and Summary of 2/3/11 Meeting Between MSBA (Katherine Craven) and Town Officials.    Dr. Galo also discussed the Depot and the Long Range Planning Committee with respect to its upcoming meeting about the tennis courts, track, and field at the High School.  Finally, she reviewed the absence of full funding for unilateral placement requests, contingency funding, and using any savings for adding FTE’s.

Chairman Rabuffo opened the floor to questions.  Sheila MacKeigan, 44 Cottage Street, inquired about special education costs and assistant principal positions.  Maryann Grimm, Harvard Drive, expressed concern regarding class size.  Nancy MacDonald, 190 High Street, expressed concern over the number of teacher positions being down despite the Town vote for a sixth school in the district.  She also inquired about the consistency of the interpretation of the term “level services” across Town Departments.   Mr. Alexiades summarized the instructions that were provided to the departments during the budgeting process and briefly summarized the budget submissions.   Discussion followed regarding allowances for collective bargaining.

Amy Farrell, chair of Education subcommittee of the Advisory Committee, summarized the subcommittee’s meetings to date. Advisory Committee members questioned Dr. Galo regarding benchmarking costs of special education, the costs included in the calculation of costs per pupil, possible legislative changes, special education funding and AARA, what would happen to class sizes and program offerings if four FTE’s were not received or if the budget were level funded, how much Hingham spends per pupil on special education compared to other towns, a comparison of current class size to that in the mid 1990’s, how many positions have been eliminated over the past few years, Circuit Breaker funding by the state, why some percentage changes in the Proposed FY 2012 Budget Summary by Program Area are bigger increases than others, and level services versus level funding.  Ms. Hill commented on the School Committee’s addition of two FTE’s.

Ms. Burns addressed the concerns raised about having a new school without a decrease in class size.  She reviewed the history of class size and enrollment and noted that the intent was good but the economy negatively impacted the plan.  Mr. Riley questioned Dr. Galo regarding the increased costs of support related to unilateral placements.  Dr. Galo explained the decision process, the rights, and the legalities.  Chairman Rabuffo stated that he has spoken with state Representatives regarding unfunded mandates and anticipates a more formal discussion sometime in the future.

Middle School Feasibility Warrant ArticleARTICLE  O .  Will the Town appropriate, borrow or transfer from available funds, a sum of money to be expended under the direction of the School Building Committee for a feasibility study for the Hingham Middle School, 1103 Main Street, Hingham, MA  02043, for which feasibility study the Town may be eligible for a grant from the Massachusetts School Building Authority (MSBA).  The MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town. Or act on anything relating thereto?(Inserted at the request of the School Committee)  Dr. Galo provided an update on recent meetings with the Massachusetts School Board Authority (MSBA),  the original plan to look at all options for building and for renovations in the feasibility study, cost of the study, a balance of funds available for use from a previous study, the change
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in the anticipated track after recent Middle School roof problems, and a meeting on February 3rd with the MSBA in which the Model School program was suggested by the MSBA.  Dr. Galo explained the Model School program, the MSBA Board meeting schedule, the benefits of the program, the concern that the funding received from the MSBA for the current Science wing will need to be reimbursed if the use ceases, and that there are still some questions that remain unanswered.   Chairman Rabuffo discussed reimbursement rates and state that the Board will work with the MSBA to clarify questions.   Discussion turned to the Design Enrollment Certification.

Regarding the motion to sign the enrollment decision offered by the MSBA for the Town’s consideration.
Chairman Rabuffo explained that he by position is authorized to sign the enrollment document submitted by the MSBA which states that the Middle School feasibility study will proceed on the basis of a projected student population of 1020, some 48 students lower than the projected offering of the School Committee projections. That difference could calculate building classroom study two classrooms less than Hingham projections. Nevertheless he asked for and received a vote by the Board of Selectmen their agreement to proceed on a feasibility study using the MSBA numbers. Ms Burns offered such a motion and Mr. Riley seconded the motion. There were was no further discussion or objections; the motion passed.

Dr. Galo stated that the anticipated cost of the study is $600,000, with approximately $236,000 available in funds and approximately $365,000 to be appropriated at Town Meeting.    Ms. Burns questioned the time frame to build a model school.  Middle School Principal Roger Boddie estimated 30 months and also noted that MSBA will share in the cost of the Feasibility Study.  Dr. Galo stated that it is two-Town Meeting  process:  one to appropriate the money for the study and the next Town Meeting to appropriate the cost of construction. 

Ms. Farrell announced the Advisory Subcommittee will vote on the budget on March 7th and make a recommendation for the Advisory Committee’s vote on March 8th. 

The School Committee will vote on the budget on February 28th.

Adjournment:  A motion was made by Ms. Burns and seconded by Mr. Riley to adjourn the open session.   A vote was taken and all were in favor; the motion passed.

The open session adjourned at 9:53 PM.

The following documents were submitted directly to the Board of Selectmen during the meeting: 

  1.  Budget discussion packet, including summary of 2/3/11 meeting between MSBA (Katherine Craven) and Town Officials

 

Respectfully submitted,

Laurie Zivkovich, Clerk Pro Tem