Back to Board of Selectmen Meeting Minutes
Board of Selectmen
March 8, 2011
7:01 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: Bruce Rabuffo, Chairman; John A. Riley; Laura M. Burns; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator.
Chairman Rabuffo called the meeting to order and reviewed the order of the agenda for the evening.
Questions from the Public: There were no questions from the public.
Discussion on School Budget and Article Vote: Chairman Rabuffo opened the discussion and thanked the School Committee and Advisory Committee. Linda Hill, Chair of the School Committee, addressed the Board and stated that the School Committee supports the budget as proposed. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend a School Department appropriation of $30,299,202 for salaries and $7,351,564 for expenses to be supplemented by $783,629 of federal stimulus money. There was no further discussion. A vote was taken and all were in favor; the motion passed.
Chairman Rabuffo explained that there are unique arrangements to be made with respect to the Middle School Feasibility Study article, which necessitates opening the 2011 Warrant, adding an article to appropriate the full amount of monies for a feasibility study, and rescinding the amount of unissued debt authorized in the 2007 Warrant for the planning of the Middle School. Mr. Alexiades summarized the recommendation by the MSBA and the School Building Committee, and he explained that the cleaner and preferred method is to appropriate the full $600,000 and rescind the unissued debt in the amount of $236,000 authorized under Article 15 of the 2007 Warrant, as opposed to an alternative method of asking for a new amount of $364,000 and using the $236,000 approved in the 2007 vote.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to open the warrant for the 2011 Annual Town Meeting, insert an article as follows: “Will the Town rescind all or a portion of the debt authorized by vote under Article 15 of the Warrant for the 2007 Annual Town Meeting, or act on anything relating thereto?”; and close the warrant for the 2011 Annual Town Meeting. A vote was taken and all were in favor; the motion passed. Mr. Alexiades re-explained the two procedural methods and the same net effect under both. Ms. Hill also commented as to the net effect not exceeding $600,000 under the preferred method.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to recommend that the Town appropriate the sum of $600,000 to be expended under the direction of the School Building Committee for a feasibility study for the Hingham Middle School. To meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow up to $600,000 under and pursuant to Chapter 44, Section 7 (21) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes therefor. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend that the Town rescind the unissued debt of $236,000 authorized by vote under Article 15 of the Warrant for the 2007 Annual Town Meeting. Discussion followed regarding the $236,000 and that it was authorized but never issued. Esther Healey of the School Committee commented on the timing of the votes at Town Meeting and the relationship between the vote to appropriate and the vote to rescind. A vote was taken and all were in favor; the motion passed.
Chairman Rabuffo summarized the Board’s meeting last week with respect to the proposed capital plan and budget presented by the Capital Outlay Committee, the new proposal presented by the School Committee at that meeting for funding in the amount of $50,000 for the High School track, the Board’s lack of sufficient details at that meeting to take action, and the additional information acquired by the Board in the interim.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to recommend the Capital Budget as presented plus an additional $50,000 for the Town’s portion of the high school track with the caveat that prior to spending any of the amount, the School Committee will return with an agreement for the necessary additional funding. A vote was taken and all were in favor; the motion passed.
Hingham Affordable Housing Trust Allocation Article: ARTICLE XX. Will the Town, in accordance with the Hingham Affordable Housing Trust (HAHT) By-Law, adopted by vote under Article 21 at the 2007 Annual Town Meeting, approve an allocation plan for any funds to be appropriated to the HAHT in FY 2011 and FY 2012; such allocation plan may include, without limitation, the following provisions:
(a) purpose-restricted funds which come to the HAHT in FY 2011or FY 2012 for designated purposes via Town Meeting appropriation shall be allocated according to those purposes;
(b) funds allocated by a previous Town Meeting shall continue to be allocated according to the plan approved at that Town Meeting, or act on anything related thereto?(Inserted at the request of the Affordable Housing Trust)
Ms. Burns began the discussion; read the article and summarized its purpose; noted that while the Trust is not requesting any monies this year, the Trust’s charter states it is to present an allocation plan as to how monies will be spent; and stated that this is the same allocation plan as the original approved at Town Meeting. Ms. Burns also stated that she is a member of the Board of the Trustees.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend approval of the Hingham Affordable Housing Trust allocation article as presented. There was no public comment. A vote was taken and all were in favor; the motion passed.
Discussion on Hingham Affordable Housing Trust Local Initiative Program (“LIP”) Application – 80 Beal Street: Tim White, Chairman of the Board of the Hingham Affordable Housing Trust, addressed the Board and provided the background to the Trust’s purchase of the 80 Beal Street property, an early meeting with neighbors, the issuance of a Request for Proposals (RFP), and the ensuing selection of Strekalovsky Architecture in Fall of 2010, who, with his team of architects, financial consultants, engineers and landscapers, has put together a proposed plan for the site. Mr. White stated that the plan consists of eight homes, reviewed the features, noted a second meeting with neighbors, and explained the current status and the purpose of the request to the Board for a letter of support. Lynn Sweet, a housing consultant with LDS Consulting Group in Newton, addressed the Board, and explained her role in preparing the financial pro forma and the LIP application to the state for the project, the inclusion of six market units at approximately $500,000 and two affordable units at approximately $210,000 in today’s numbers, and the request to the state to designate one unit as a local preference unit. Ms. Sweet and Mr. White reviewed the local preference issue, the expectation to submit the application, the state’s 60-day review process to determine if the site is appropriate for affordable housing followed by a more complete application to the Zoning Board of Appeals with more public hearings, anticipated developer selection this summer and construction by year end, the inclusion of some CPA and Housing Trust monies, the inclusion of a developer’s fee of 12 percent, capping the developer’s fee, the splitting and handling of profits in excess of 15 percent, and household size and maximum income for the affordable units. Discussion followed regarding determination of local preference, the Trust’s selection of a developer, the developer’s requirement to hire a lottery agent and a separate monitoring agent approved by the state, the effect of the affordable unit pricing on the pricing of the market units, the financial aspects of the project, the origination of the Trust’s funds, the total project cost of $3.5 million, the developer’s responsibility to find financing, the restrictions on the resale of an affordable unit, this being a friendly 40B application, the alternate process to a friendly application, and the impact and effect of Town support for the project. Chairman Rabuffo discussed the social objective for the Town to be in compliance with the state-established 10 percent requirement for affordable housing. Susan Murphy, real estate counsel to the Town, commented on the need to meet the 10 percent requirement, and that if the Board supports the LIP it is conceptual only and not a dictate to the ZBA. Ms. Burns commented on past issues with developers and the benefits of this format. Mr. Riley commented on the ultimate relinquishment of the Trust’s authority and spoke in favor of the site plan as presented. Discussion followed regarding the restriction of the affordable units in perpetuity.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to sign a letter in support of the LIP Application to develop eight units of housing at 80 Beal Street. There was no further discussion. A vote was taken and all were in favor; the motion passed.
Agreement for Professional Services for Abandonment of Railway Right of Way: Ms. Burns introduced the discussion and stated that the development of the 80 Beal Street project will require the removal of some of the existing railroad tracks. Because the tracks also run through the neighboring, Town-owned Selectmen’s Parcel, and development of the Selectmen’s Parcel also would benefit from the abandonment of the railroad right-of-way, the proposal of Merrill Associates, Inc. was written to include professional engineering and permitting services associated with obtaining a permit for construction on the railroad right-of-way on both properties. Ms. Burns suggested that the contract amount of $3,000 be split between the Town and the Trust based on the proportionate lineal footage of track on each property. Chairman Rabuffo questioned the availability of funds in the budget. Mr. Alexiades commented on budget sources. Mr. Riley questioned the ownership of the easement. Peter Palmieri, representing Merrill Associates, addressed the Board and stated that his didn’t find any clear cut ownership to the railroad, that part of the proposal is to track down any potential ownership and make application to the state, and that will be part of the hearing process.
Voted – A motion was made Mr. Riley and seconded by Ms. Burns to sign an agreement with Merrill Associates, Inc. for professional services relative to a permit for construction over the abandoned railroad tracks on Beal Street. The cost of these services will be split between the Town and the Hingham Affordable Housing Trust, prorated by the frontage of the Selectmen’s Parcel and 80 Beal Street at an approximate cost of $2250 and $750, respectively. There was no further discussion or public comment. A vote was taken and all were in favor; the motion passed.
Discussion on Additional Warrant Articles: Chairman Rabuffo stated that three articles with respect to sewer issues will be considered at Town Meeting. There is additional work that must occur before the Board can vote on all of them, and once that additional work occurs, the articles will come back before the Board.
The meeting recessed at 8:07 PM and reconvened at 8:11PM.
Sewer Operations Consolidated into Public Works: ARTICLE P. Will the Town (1) authorize, but not require, the Board of Selectmen to acquire or obtain by eminent domain or other means an interest in real property for purposes of developing a wastewater treatment facility to serve the Industrial Park Area Sewer District (created by Article 32, 2010 ATM) including dispersal area, utility corridor, access easements or roadways and (2) raise and appropriate, borrow or transfer from available funds a sum of money for said acquisition(s), or act on anything relating thereto? (Inserted at the request of the Sewer Commission). Chairman Rabuffo stated that a proposal has been put forth to discuss the consolidation of sewer operations with the Department of Public Works and that there is a series of analyses still needed by the Sewer Commission. Steve Dempsey, 24 Spruce Street and a current Town employee in the Sewer Department as well as the proponent of the consolidation article, addressed the Board, and he summarized the history of 1993 consolidation article that failed, the basis for his opinion to move operations, a report he prepared, the efficiencies for a merger, a telephone survey he conducted of 20 benchmarked towns, and the results of his survey showing the percentages of mergers and cross training. Ms. Burns inquired about the position of the Sewer Commission. Michael Salerno, 17 Kilmer Road and representing the Sewer Commission, addressed the Board and stated that the Commission is discussing the three options of keeping as is, merging operations, or outsourcing operations; there is a study currently being conducted which should be complete by Town Meeting; and the Commission has voted to follow whatever course of action is recommended in the study. Randy Sylvester, Superintendent of DPW, addressed the Board, is agreeable to any course of action, and acknowledged there are some benefits to consolidation. Mr. Riley inquired as to the handling of street work. Jon Asher, Advisory Committee member, opined on the possible reasons for the failure of the proposed article in 1993. No formal action was taken.
Sewer Funds for Engineering: ARTICLE Q. Will the Town raise and appropriate, borrow or transfer from available funds a sum of money for the engineering and permitting associated with obtaining a Groundwater Discharge Permit for a prospective waste water treatment facility or act on anything relating thereto? (Inserted at the request of the Sewer Commission) Roger Fernandes, Town Projects Engineer, presented a power point presentation regarding the Industrial Office Park District Wastewater Treatment Project, provided the background to and reviewed the 2009 South Shore Chamber of Commerce Report, reviewed Articles 31, 32 and 33 as approved at the 2010 Town Meeting and the activities since the 2010 Town Meeting, presented the conclusion that the best option for a wastewater treatment facility is decentralized on-site facility, described the current project status and proposed phasing, presented a calculation of costs and identification of payment methods, and clarified the request for support of Article Q and the request for $190,000 for engineering studies. He also asked for consideration of the acquisition of a property which will be forthcoming. The Board thanked Mr. Fernandes, Ms. Lacy and Mr. Asher for all of their work on the project. Mr. Riley spoke in favor of the project and smart growth. Ms. Burns agreed, is in favor of looking for ways to lessen the tax burden on property owners, and raised questions regarding betterrments. Mr. Fernandes stated that the $190,000 would be repaid through betterments; however, the funds would be at risk if the project ultimately fails. Discussion followed regarding debt authorization and betterments. Mr. Fernandes explained the three phases of the project. Discussion followed regarding the phasing and the extent of funding. Chairman Rabuffo raised concern over whether someone is handling the revenue side and estimating the project’s potential economic benefits, and requested that an estimated range of revenue be provided in the next report. Discussion followed. Mr. Asher summarized that the objective of the proposal is to enable low impact, commercial growth that does not create an extra burden for taxpayers in an area historically undeveloped because of the lack of infrastructure and a sewer system. Discussion followed regarding the South Shore Chamber of Commerce’s identification of the project area for commercial development.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend that the Town appropriate up to $190,000 to pay costs of preliminary engineering, permitting and submissions associated with developing a wastewater treatment facility, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to C. 44, Sec. 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. There was no further discussion. A vote was taken and all were in favor; the motion passed.
Sewer Property Acquisition: ARTICLE P. Will the Town (1) authorize, but not require, the Board of Selectmen to acquire or obtain by eminent domain or other means an interest in real property for purposes of developing a wastewater treatment facility to serve the Industrial Park Area Sewer District (created by Article 32, 2010 ATM) including dispersal area, utility corridor, access easements or roadways and (2) raise and appropriate, borrow or transfer from available funds a sum of money for said acquisition(s), or act on anything relating thereto? (Inserted at the request of the Sewer Commission). No action was taken.
Derby Street Corridor Roadway Improvement: ARTICLE R. Will the Town raise and appropriate, borrow or transfer from available funds a sum of money for civil engineering services to begin development of plans and specifications for the Derby Street Corridor roadway improvements and all incidental costs, or act on anything relating thereto?(Inserted at the request of the Board of Selectmen) Mr. Fernandes addressed the Board and summarized the proposed project, the acceptance of the project by Mass DOT, and the request for an initial appropriation for the first installment of design work in the amount of $75,000. Total design costs ultimately may be approximately $400,000. Mr. Riley stated that this is a standard procedure for the state, and it was the same procedure for the Route 228 improvements.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to recommend that the Town appropriate $75,000 from available funds for civil engineering services to begin development of plans and specifications for the Derby Street Corridor roadway improvements and all incidental costs. There was no further discussion. A vote was taken and all were in favor; the motion passed.
Lease 2 Acres at Landfill: ARTICLE VV. Will the Town authorize the Board of Selectmen for minimum consideration of $1.00 and on such terms as it deems in the best interests of the Town, to enter into a long-term lease of approximately a two acre parcel at the Hingham Transfer Station/Landfill Property for the purpose of constructing and operating a solar array on the top of the Town’s capped landfill, or act on anything relating thereto?
(Inserted at the request of the Board of Selectmen) Mr. Fernandes explained the basis for the article, the purpose to raise revenue for the Town, the process to enter into an agreement with a vendor through a request for proposals (RFP) with the vendor to sell electricity generated to Hingham Municipal Light Plant (HMLP), the estimated annual revenue to the Town in the amount of $25,000, the installation of the panels being borne totally by the vendor, the inability of the Town to install the panels and perform the service, and the proposed terms of the agreement. Chairman Rabuffo inquired why the Town would not want to do this, stated that there are still questions that need to be answered, and noted that this article does not commit to getting the panels but just starts the RFP process. Ms. Burns inquired about HMLP’s involvement. Discussion followed regarding PPA rates, attempts to get away from fossil fuel, renewable energy costs and sources, the taxpayer paying neither more nor less under the arrangement for renewable energy, the project being Mr. Fernandes’ idea, and the extent of input from the Energy Committee. Ms. Suzanne Colletti, 17 Pond Street, provided public comment and questioned if all electric generated will be sold. Ms. Mary Maffia, 44 Ridgewood Crossing, provided public comment and questioned what the project would look like, questioned the rates, and stated that she likes the way the property looks now. Mr. William Salisbury, 10 Ridgewood Crossing, provided public comment regarding other proposals submitted for use of the property, spoke in favor of preservation of open space, questioned the purpose and economics of the project, and expressed concern about putting all of the decision-making ability in the Selectmen and not in the residents at this stage. Mr. Jim Watson provided public comment regarding the Town’s open space plans and what the panels would look like based on another area project. Discussion followed.
The general consensus was to table the item for one week to allow for the exchange of information between Mr. Fernandes and Mr. Salisbury.
Hersey House Request for Proposals: Chairman Rabuffo stated that an RFP has been issued for parties interested in purchasing the property; the RFP indicated that there were zoning modifications that would need to occur, but that the land could be purchased in its entirety or broken into two pieces; and that proposals were received from two parties. One proposal was from Hingham resident John McDowell for a price of $1,250,000 for the entire parcel with one or two residential units, and $850,000 for the parcel in the rear for residential use. The second proposal was from Now Communities LLC for a price of $1,050,000 for the entire parcel with 16 residential units, and $600,000 for the parcel with 12 residential units. Discussion followed regarding the use of the Hersey House under each proposal. Chairman Rabuffo stated that the Board will be waiting for the arbitration decision, which is due by Monday, before voting. Attorney Murphy stated that an arbitration decision is not required prior to taking action but that it may impact the thought process. Mr. Riley expressed his concern that the RFP did not have enough exposure and his desire to explore other options in the thirty day response window. Discussion followed regarding discussions held with local realtors and the bids being reflective of the market’s acceptance. Attorney Murphy commented on the specificity and exactness of state law requirements for the disposition of municipal property. Mr. Alexiades stated that the purpose of the item being on the agenda tonight is to let the public know the nature of the proposals and that the next step is for the Board to review each criteria and rate the proposals under the procedure outlined in the RFP. Mr. Peter Bickford, 65 Lazell Street, inquired as to how the arbitrator’s decision influences the Board’s decision. Discussion followed regarding the upcoming Planning Board’s zoning hearing and the fact that one proposed configuration requires a type of zoning currently not available. The general consensus was that a supplemental position may be required. No formal action was taken.
Continuation of Discussion on Additional Warrant Articles:
Construction Debris from Non-Residents: ARTICLE UU. Will the Town direct the Department of Public Works to not accept any rubbish or construction debris from non-residents or commercial enterprises from out of town, or act on anything relating thereto? (Inserted at the request of Tuck Wadleigh and others)Mr. Wadleigh was not present. Mr. Alexiades explained that this is a petition article, a total of two non-resident permits have been issued, and that their impact has been limited. Superintendent Sylvester stated that actual tonnage mostly comes from Hingham residents, the regulations are based on yardage and not tonnage so large vehicles are not permitted, demand has been local, and that revenues with the use of the scale have been growing. Discussion followed regarding the vote at Town Meeting to put the scale in and growing revenues primarily from Hingham users.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend that Town Meeting take no action on the petition to direct the Department of Public Works to not accept rubbish or construction debris from non-residents or commercial enterprises from out of town. There was no public comment. A vote was taken and all were in favor; the motion passed.
Short Term Lease – Tree & Park Parcel on Short Street: ARTICLE U: Will the Town authorize, but not require, the Board of Selectmen to enter into a short term lease for a .28 acre parcel of land which is shown as Lot 140 on Assessors’ Map 81, known as the Tree and Park Barn, for purpose of either commercial or non-profit use, or act on anything relating thereto? (Inserted at the request of the Board of Selectmen) Mr. Alexiades explained that an RFP is out for a potential lease of the site; the purpose is to find a tenant on a short-term basis to occupy and maintain the property while deciding what to do on a long-term basis, and that responses are due April 4th.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to recommend that the Town authorize, but not require, the Board of Selectmen to enter into a short term lease for a .28 acre parcel of land shown as Lot 140 on Assessors’ Map 81 and known as the Tree and Park Barn. There was no public comment. A vote was taken and all were in favor; the motion passed. Attorney Murphy noted that the Planning Board recently voted to recommend rezoning to Residential A.
Request of Verizon New England Inc to Maintain Conduits, Wires and Cables on Gardner Terrace and Windsong Way: Chairman Rabuffo stated that he has a conflict of interest in the matter as he is receiving a pension from Verizon, but having made the disclosure he is permitted to vote. Ms. Foley summarized the background for the request and stated that the cable and conduit already are in place and that it was not Town-owned property at the time.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to grant the petition for conduit locations of Verizon New England Inc, dated January 28, 2011, to lay and maintain under the surface of Gardner Terrace and Windsong Way, underground conduits and pedestals with the wires and cables placed therein, which were being maintained in and under such private ways at the time of their acceptance as public ways, as requested in petition of said Company dated January 28, 2011. There was no public comment. A vote was taken and all were in favor; the motion passed.
Extension of DPW Construction and Materials Contracts:
Voted – A motion was made by Mr. Riley and seconded by Ms. Burn to ratify a one year construction and materials contract extension through December 2011 with the following companies:
Brick Pavers - Stiles & Hart Brick Sales
Pavement Reclamation & Recycling – Aggregate Industries
Granite Curbing “Materials Only” – William Stone Co., Inc.
Micro-Surfacing & Random Crack Sealing – Sealcoating, Inc
There was no public comment. A vote was taken and all were in favor; the motion passed.
A motion was made by Ms. Burns and seconded by Mr. Riley to ratify the South Shore Consortium Bid to extend the following contracts and contracted pricing through December 2011:
Crack Filling Treatments – Crack Sealing Inc.
Earth Materials, Ordinary Borrow, Stone, Sand, Recycled Road-based materials – G. Lopes Company
Earth Materials, Loam Sand, Recycled Road-based materials – T.L. Edwards, Inc.
Earth Materials, Gravels, Recycled Road-based materials – P.A. Landers, Inc.
There was no public comment. A vote was taken and all were in favor; the motion passed.
Fourth of July Road Race: Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to grant permission to the Recreation Department to conduct the annual Fourth of July Road Race starting at 7:00 a.m. The motion was amended to clarify that race will be conducted on the 4th this year. There was no public comment. A vote was taken on the motion as amended and all were in favor; the motion passed.
Website Content Policy: Ms. Burns stated that the policy is meant to clarify who is responsible for the content of pages on the Town’s website. Ms. Foley noted that Town Counsel has reviewed the policy.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to adopt the recommended Website Content Policy. There was no public comment. A vote was taken and all were in favor; the motion passed.
Limousine Licenses Policy: Ms. Foley summarized the policy and noted that this is a change from the past practice of interviewing every driver; now, the owner is interviewed, a CORI check will be done on all drivers, and each driver is required to submit his or her driving record.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to adopt the Limousine License Policy. There was no public comment. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator Reports: Chairman Rabuffo reported on the receipt of a letter from Ms. Mary O’Connor regarding signage, improvements on Independence Lane, and recommendations for the Traffic Committee with respect to the South School parking issue.
Executive Session/Adjournment: Chairman Rabuffo announced that the Board will adjourn to executive session to discuss pending litigation and will not return to open session.
Voted - A motion was made by Ms. Burns and seconded by Mr. Riley to adjourn the open session 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 10:27 PM.
Respectfully submitted,
Laurie Zivkovich, Clerk Pro Tem
Documents (a complete meeting packet of supporting documentation is on file and available for public review in the Board of Selectmen’s office):