Back to Board of Selectmen Meeting Minutes
Board of Selectmen
March 15, 2011
6:53 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, reviewed the order of the agenda for the evening, and on behalf of the Board congratulated Bill and Kathy Reardon on receiving The Hingham Journal Citizen of the Year Award. Mr. Riley read a statement to the public which provided that with respect to the matter of ethics violations alleged by Mr. Hastings against Mr. Riley, the State Ethics Commission found after an investigation that Mr. Riley had done nothing wrong and considers the matter closed. He also stated that he has filed a disclosure with the Town Clerk.
Questions from the Public: There were no questions from the public.
Appointment of Police Chief: Chairman Rabuffo began the discussion and summarized the interview process that took place, expressed appreciation for Chief Mills and the late Chief Carlson, and stated that Town Counsel has confirmed that the essay responses of the four candidates may be released to the press.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to appoint Michael Peraino to be Chief of Police effective upon the retirement of Chief Mills and subject to successful contract negotiation.
Discussion followed. The Board recognized the qualifications of each candidate, noted Lieutenant Peraino’s skills, thanked the candidates for everything they have given to Hingham, highlighted the difficulty in making a decision, and commended the late and current chiefs for their development work. Mr. Bob Falvey, Bel Air Road, provided public comment on the qualifications of all of the candidates and questioned what will happen with the Deputy position. A vote was taken and all were in favor; the motion passed. Lieutenant Peraino addressed and thanked the Board. Chairman Rabuffo stated that the Board has not yet discussed the procedure for the Deputy position appointment.
The meeting recessed at 7:07 pm for photographs and reconvened at 7:09 p.m.
Chairman Rabuffo announced that there would be one other police matter this evening. Chief Mills recognized Officer John Marquardt, who is going to Afghanistan, for his service to the community, and presented him with a 100th Anniversary Challenge Coin. Chief Mills also thanked the Board for the selection process just completed.
Legislative Update with Senator Hedlund and Representative Bradley: Senator Hedlund addressed the Board and stated that his purpose tonight is to provide a budgetary overview. He gave a PowerPoint presentation and distributed his FY2012 State Budget Presentation, highlighting the current status of the budget process; a proposed increase to Hingham in Chapter 70 funding (local regional and school district aid) of $168,070 over FY2011, a decrease to Hingham of $96,517 in Unrestricted General Government Local Aid; an $80 million increase statewide in Special Education Circuit Breaker funding; other local spending affecting Hingham such as the Quinn Bill, charter tuition reimbursements and public libraries; MBTA’s budget and debt level; MBTA’s moving forward with the Intermodal Center at the Shipyard; an increase to Hingham of $160,000 in Chapter 90 funding (local roads and bridges) and a proposal for an exemption from prevailing wages for local communities; and the Fore River project and ongoing debate among the immediately affected communities. He clarified that he did not agree to extending the pension liability funding schedule by three years. Representative Bradley stated that on the House side they are targeting the Governor’s numbers, with budget debates beginning April 25th. He reviewed the Derby Street Corridor, the state grant which will help the traffic improvement project, and the proposed changes affecting municipal health insurance with anticipated local options.
Discussion followed regarding the recently enacted Meals Tax and the higher than anticipated revenues, concern about revenue projections, and being cautionary about relying on the Governor’s numbers. Senator Hedlund noted negative news about Massachusetts being competitive and attracting jobs. Chairman Rabuffo noted concern with special education and library funding and a desire for the state to be more proactive in helping to solve longer term issues. Mr. Riley expressed concern regarding special education, unfunded mandates, and the percentage it represents in the school budget. Discussion followed regarding historical funding, changes in standard, the Board wanting someone at the state level to review how things are working overall, Chapter 70 aid, local control, and the Board’s request for additional leadership. Ms. Burns expressed concern over mostly unfunded mandates and requested more review and coordination at a state level. Representative Bradley asked for a breakdown and indicated he would meet would with the Board of Education regarding the concerns.
Mr. Ray Estes, 92 Fort Hill Street and a member of the School Committee, provided public comment regarding the problem of the cost of the tuition for the out of district placements, when a child moves in, and getting a bill for $200,000 for tuition plus transportation. Discussion followed regarding the Intermodal Center and a $5.5 million grant. Ms. Burns questioned the proposed changeson health insurance for town employees, noting that there are not that many options for Hingham to save. Mr. Alexiades commented on the problems with a “one size fits all” approach with GIC. Mr. Bob Falvey provided public comment regarding special Town Meetings needing the signature of only 200 citizens and Town Articles needing only 10 signatures. Representative Bradley commented that a bill was filed but did not pass in the last session or two but that he would research the issue. Ms. Burns commented in favor of having a local option.
Public Hearing of the Request of Hingham Municipal Light Plant to Place Six Poles, Five on Sharp Street and One on Abington Street: Chairman Rabuffo introduced the item and summarized the proposal of Hingham Municipal Lighting Plant (HMLP) to locate six new poles, five on Sharp Street and one on Abington Street, as more fully described in the Hearing Notice and HMLP Sharp Street Project Plan No. 03-11A dated 3/3/2011 and HMLP Abington Street Infrastructure Upgrade Project P72 Header Guy Pole Plan #03-11B. Panos Tokadjian, Engineering Manager of HMLP, addressed the Board and provided the background, noting the initial request of the developer of 9 Sharp to be serviced by HMLP instead of National Grid, HMLP’s work with abutters and acquisition of an easement, working with National Grid on a deal to acquire its infrastructure, and HMLP’s intent to acquire all of Sharp Street as its customers. Mr. Riley inquired if the customer has to pay for upgrades with a service request such as this. Mr. Tokadjian stated they do if the upgrade is solely intended for them, but in this case HMLP’s plan is to acquire as customers the rest of Sharp Street; however, one pole is the responsibility of the customer. Mr. Riley inquired about underground versus aerial service and if a cost analysis has been done. Mr. Tokadjian commented that while he did not look at this project specifically, historically the cost of overhead service is about 25 percent of the cost of underground service. The Mr. Riley would like the Board to talk with the HMLP Board about an appropriated point to start looking at underground service. Discussion followed regarding connecting the Sharp Street poles to HMLP infrastructure. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to locate five poles on Sharp Street as presented, and as to Abington Street to locate one pole as presented. A vote was taken and all were in favor; the motion passed.
Change of Manager at Bertucci’s: Keith Rocha, Manager for Bertucci’s, addressed the Board and requested to have his name listed on the liquor license for Bertucci’s in Hingham in accordance with the supporting documentation submitted to the Board. There was no public comment.
Voted - A motion was made by Ms. Burns and seconded by Mr. Riley to approve a change of manager request for Bertucci’s Restaurant Corp. d/b/a Bertucci’s Brick Oven Ristorante, 90 Derby Street, from Deborah A. Collins to Keith Rocha, subject to the approval of the Alcoholic Beverages Control Commission. A vote was taken and all were in favor; the motion passed.
License Agreement for 3 Otis Street: Mr. Alexiades provided the background for the proposed agreement and summarized its terms, namely that the Town will be leasing parking spaces to the facility which will allow 3 Otis Street to lease the full extent of slips available and put two businesses in the building, all of which will be subject to permitting approval. In exchange the Town will receive $46,000 per year if both businesses are leased or $40,000 per year if only one business is leased. It is a three year agreement with a renewal clause at the end at the option of the Selectmen. Mr. Riley cited this as another good example of private/public business to everyone’s benefit. Ms. Burns is in favor of the Board doing what it can to help businesses succeed on the waterfront and noted that the Town is getting fair market value in return. Mr. Jim Watson provided public comment and inquired if it nonexclusive use, which the Board confirmed it would be. Mr. John Hersey, 65 Hersey Street, provided public comment on what seemed to him like a lot of leeway given to this business; expressed concern about safety on the corner; and inquired if it included, among other things, dinghy rentals, the launch, private mooring, worker parking, what businesses will be in the building, and what if he decides to rent kayaks. The Board and Mr. Alexiades confirmed that there will be a total of 19 parking spaces for all slips and two businesses, the uses are not the Board’s decision but must be in accordance with zoning by-laws, and the ZBA will determine the number of parking spaces required for all of the uses proposed.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to sign a license agreement between the Town and Bare Cove Marina, LLC for the use of not more than nineteen (19) passenger vehicle parking spaces within the Iron Horse Park parking lot for a period ending December 31, 2013. A vote was taken and all were in favor; the motion passed.
Hersey House Update: Chairman Rabuffo stated that the purpose of tonight’s agenda item is to listen to the proponents of the proposals submitted in response to the Request for Proposals as there was not an opportunity at last week’s meeting. He announced that the Board will not be voting on the item tonight, and he read a press release stating that the Town of Hingham is still awaiting a final arbitration award with regard to the Hersey House. Proposals were submitted by John McDowell and Now Communities.
Dan Gainsboro, president of Now Communities, addressed the Board, and represented the company as a smart growth developer that builds pocket communities. He emphasized his proposal’s fit with the 2002 Master Plan and the inclusion of affordable units, financial benefit to the Town with long-term revenue, and environmentally responsible homes. He provided a presentation on the company’s current Concord Riverwalk project and invited the Board to a site visit. Mr. Riley asked how the project would with zoning for the area. Mr. Gainsboro stated that the concept began in Seattle which created a cottage overly district and that he has a draft zoning by-law. In Concord the project is a PUD, trading open space for more compact development. Discussion followed regarding flexible residential development, which would not be an exact fit. With respect to timeframes, Mr. Gainsboro stated that in Concord they broke ground in August and the first deliveries are anticipated in July or August.
John McDowell, Lincoln Street, addressed the Board, stating that he submitted two proposals but would focus on the full purchase price proposal. He emphasized his proposal’s “complete and perfect” restoration of the Heresy House as a single family residence and the barn, no contingencies, a cash bid price of $1,250,000, coming back later not on a contingency basis for a Form A parcel, no impact to the streetscape, working with historians, the first priority being to stabilize the barn and then bringing the property back up in its entirety, and the intent to move the barn to the back northeast corner of the property and not the lot he had bought. Ms. Burns questioned his stated lack of contingencies. Mr. McDowell responded that the RFP provides for the contingency that Town Meeting vote to rezone the property to Residence A, and that his proposal does contain a contingency to conduct an environmental assessment at his expense. He stated that he did not know how long it would take him to complete the project.
Chairman Rabuffo stated that the next step is the requirement of the Board to review the proposals per the RFP, which the Board intends to do as soon as possible. There was no other public comment. No formal action was taken.
Discussion of FY2012Budget Variances: Chairman Rabuffo stated that in accordance with the Memorandum dated March 14, 2011 from Sue Nickerson, Interim Town Accountant, to Mr. Alexiades and the Board, there is a variance of $96,891 between what the Advisory Committee voted ($24,832,785) and what the Board voted ($24,929,676), due principally to a group insurance premium offset. Mr. Alexiades explained that the Advisory Committee reviews that proposed budget after the Board and gives a list of changes. Most of the changes this year are due to fuel and utility changes that occurred after the budget process stopped, with the most significant reduction being a $229,908 reduction in the group insurance premium which occurred after the Board’s budget review.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to endorse the changes to the proposed budget made by the Advisory Committee as detailed in the memorandum from the Interim Town Accountant to the Board of Selectmen dated March 14, 2011. A vote was taken and all were in favor; the motion passed.
Discussion of Warrant Articles:
Personnel Board Report: ARTICLE D. To hear the report of the Personnel Board appointed under the Classification and Salary Plan, or act on anything relating thereto. (Inserted at the request of the Board of Selectmen)
Michael Puzo, 83 Cross Street and Chairman of Hingham Personnel Board, addressed the Board, stated that he would focus primarily on a few issues, and acknowledged receipt of the Board’s letter of March 10th proposing to remove certain positions (Assistant Town Administrator, Interim Town Accountant, Project Engineer, and Systems Manager) from the Classification and Salary Plan and be made contract positions, and to add a merit pay for performance element to the Personnel By-Law. After stating that the Personnel Board is not inclined to propose a change to Article 4 of the By-Law based on an opinion provided by Special Counsel, and an in depth explanation of state statutes, Mr. Puzo concluded that the Assistant Town Administrator and Interim Town Accountant positions properly could be made the subject of a contract. As to the other two positions, Mr. Puzo noted that the under the Personnel By-Law his Board has certain powers to reclassify positions and there may be other options that his Board would like the opportunity to investigate. Mr. Puzo also noted that with respect to merit pay, David Basler, Human Resources Director, has been researching the issue with other towns. Chairman Rabuffo summarized the presentation. Discussion followed regarding the Personnel Board’s powers and changes by Town Meeting. Mr. Puzo also stated that under Article 5 of the By-Laws, the Personnel Board is to review from time to time the work of all positions at intervals deemed as necessary. He offered that his Board wants to undertake a study and could start with these two positions initially to see if they are improperly classified. Ms. Burns asked if the Personnel Board would consider a rolling classification review of all positions, and she expressed the need for a rationale if the Board seeks to have more contracted employees.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend that the report of the Personnel Board, a copy of which is on file in the Town Clerk's Office, be accepted by Town Meeting; that the amendments of the Personnel By-Law, including the Classification and Salary Plan, and any agreements reached by the Personnel Board in collective bargaining, which may be embodied or referred to in said report, be approved and adopted in their entirety, such approval and adoption to become effective July 1, 2011 or as otherwise specified in said report or agreements; that the Town raise and appropriate the sum of $302,000 dollars for the purpose of this vote; and that the Town Accountant is hereby authorized and instructed to allocate said sum to and among the several Personal Services and Expense Accounts in such amounts, respectively, as are proper and required to meet such amendments and to comply with such collective bargaining agreements as may be entered into by the Board of Selectmen on behalf of the Town. There was no public comment. A vote was taken and all were in favor; the motion passed.
Mr. Riley inquired as to whether or not the merit pay issue can be pursued. Mr. Puzo stated that they will continue to work on it. He also stated that his Board will be recommending at Town Meeting a change in the promotion section, a two percent increase for non-represented employees for FY2012, which is the same offer made to represented employees, and a “housekeeping” change with respect to inconsistent definitions of “immediate family” for bereavement leave.
Salaries of Town Officers: ARTICLE E. Will the Town fix the salaries of the following Town Officers, viz:
1. Selectmen
2. Treasurer/Collector
3. Assessors
4. Town Clerk
5. Municipal Light Board;
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 Ms. Burns that, subject to the proviso below, the salary from July 1, 2011 through June 30, 2012 for the Town Clerk, Selectmen, Assessors, Municipal Light Board and Board of Registrars of Voters shall be at the rates below stated or provided after the name of the office:
Town Clerk1 and Treasurer/Collector in accordance with the compensation rates established in Grade 15 and Grade 17, respectively, of the Town of Hingham Classification and Salary Plan of the Personnel By-Law.
Selectmen: at the request of the Board of Selectmen, at the annual rate of $1,750.00 each, except that the Chair shall receive an annual rate of $2,250.00 for the period of incumbency.
Assessors: at the annual rate of $1,800.00 each,
except that the Chair for the period of incumbency shall receive an annual rate of $2,000.00.Municipal Light Board: at the annual rate of $214.00 each (to be paid from the receipts of the Electric Light Department).Provided: that the salary of each such officer except Selectman, Assessor and Municipal Light Board Member shall be reduced by all retirement allowances and pensions received by such officer from the Town of Hingham.
1Town Clerk, when serving as a member of the Board of Registrars of Voters, shall be paid for such duties in accordance with Section 19G of Chapter 41 of the General Laws
Ms. Burns noted that the position and salary schedule is the same as last year. There was no public comment. A vote was taken and all were in favor; the motion passed.
Inspector of Animals: Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to nominate Leslie Badger to be inspector of animals for the ensuing year. There was no public comment. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator Reports: Ms. Burns announced that the Hingham High School girls’ hockey team is playing for the state divisional championship at the Boston Garden on Sunday.
Discussion of the Order of Articles in the Warrant: Chairman Rabuffo announced a change in practice of previous boards that the Chairman discuss how the warrant articles should be ordered. The consensus was to give Ms. Foley permission to order the articles per her proposed listing.
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 9:43 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):