Back to Board of Selectmen Meeting Minutes
Board of Selectmen
August 9, 2011
7:08 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: John A. Riley, Chairman; Laura M. Burns; Bruce Rabuffo; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator
With a quorum present, Chairman Riley called the meeting to order and reviewed the order of the agenda.
Questions from the Public: Larry Wetzel, 239 High Street, addressed the Board and presented a Hingham Citizens Petition petitioning that if the Board votes to authorize a special town meeting in October 2011, an article be included in the warrant for the restoration of the swap area at the transfer station. Discussion followed regarding current uncertainty about the warrant, Ms. Burns' ongoing research about other towns' practices, her interest in developing a plan for the swap area, and associated timeframes.
Hingham Farmers Market Day Proclamation: Ms. Burns read aloud a Proclamation declaring August 27, 2011 to be Hingham Farmers Market Day.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to adopt the Hingham Farmers Market Day proclamation. A vote was taken and all were in favor; the motion passed.
Approval of Meeting Minutes of July 26, 2011: Voted – A motion was made by Mr. Rabuffo and seconded by Chairman Riley to approve the meeting minutes for July 26, 2011. A vote was taken, with Mr. Rabuffo and Chairman Riley in favor, and Ms. Burns abstaining; the motion passed.
Public Hearing - Grant of Location on the Petitions of Verizon New England Inc. to place conduit for new Verizon FIOS service on fiber optic cable on the Manatee Road, Volusia Road and Newbridge (New Bridge) Road (continued from 7/12/11 and 7/26/11): Ms. Foley stated that a continuation was requested by Verizon in light of the current Verizon labor union strike.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to continue the public hearings/grant of location on the Petitions of Verizon New England Inc. to place conduit for new Verizon FIOS service on Manatee Road, Volusia Road, and New Bridge Road, to Tuesday, September 13, 2011, at 7:05 pm. A vote was taken and all were in favor; the motion passed.
Jackass Park Design - Shade Tree Committee: Shirley Rydell, Chair of the Shade Tree Committee, and Randy Sylvester, Superintendent of Hingham Department of Public Works (DPW), joined the meeting. Chairman Riley summarized the Board's most recent meeting with the Committee regarding the proposed Jackass Park design. Ms. Rydell noted that two individuals attended the Committee's public comment meeting and there were no objections. Mr. Sylvester discussed maintenance, estimated maintenance costs of $3,000 to $4,000 per year, the lack of any funding in the current year's DPW budget for maintenance for the new design, the need for additional manpower for watering, mulching and mowing, water usage bills, and the minimum monthly service charge on a water bill regardless of usage. The Board expressed concern over the costs and the lack of a budget from which to pay them. Ms. Rydell stated that the cost of installation is covered, the Committee is hoping to plant in the fall when it will be less water intensive, and three faucets, not an irrigation system, will be installed for use with soaker hoses and timers. Discussion followed regarding current and proposed DPW man hours for the park, existing work groups, the senior work-off program, and concern over volunteer caretakers losing interest. Ms. Rydell referenced the tunnel cap and a precedent for awarding maintenance money. Mr. Alexiades expressed concern regarding program costs and burdens often falling on the DPW. There was no public comment. The general consensus of the Board was for the Town Administrator to work through the budget and report back to the Board at next week's meeting. No formal action was taken.
Public Works Contracts - Trackless Tractor Purchase and Street Sweeper Purchase: Randy Sylvester, Superintendent of Hingham Department of Public Works, summarized the contract for the purchase of the 2011 Trackless multi-purpose tractor, stated that the is included in the Public Works FY12 Capital Budget and is in accordance with State Contract FAC71, and he reviewed the tractor's uses. Mr. Sylvester next summarized the contract for the purchase of a 2011 Elgin Pelican street sweeper. He stated that it is a replacement for an existing sweeper, it is in the capital budget, and the purchase is in accordance with Plymouth County Cooperative Procurement Contract #09-10-11. There was no public comment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to sign an agreement with C. N. Wood Co., Inc. for the purchase of a 2011 Trackless MT 6 Multi-Purpose Tractor in the amount of $111,695.00 as recommended by the Department of Public Works. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to sign an agreement with MHQ for the purchase of a 2011 Elgin Pelican Street Sweeper in the amount of $151,689.00 as recommended by the Department of Public Works. A vote was taken and all were in favor; the motion passed.
Discussion of Hingham Middle School Proposed Project and High School Tract, Tennis Courts and Field with the School Committee: Ray Estes, Chair of the School Building Committee, and Carol Falvey, School Committee and Long Range Planning Committee member, joined the meeting. Mr. Estes requested the Board of Selectmen to hold a Special Town Meeting and ballot vote this fall to consider a warrant article for a debt exclusion override for the proposed Middle School. Mr. Estes summarized the status of the project, stating that the project scope and budget will be submitted to the MSBA on August 19th; he expects to know the number needed for the warrant prior to September 28th; site investigations are continuing; the traffic study report was just received and is under review; the Board of Health confirmed the existing septic system can be modified and reused; the Conservation Committee approved the wetlands delineation survey, the building design is still being revised; most concerns to date have been with respect to the site and privacy issues; some sort of multi-purpose sports fields are anticipated; a significant traffic impact is not anticipated because of the existing school; and the traffic focus will be on flow in and out of the site and bus cuing. He discussed community outreach, a meeting of the Committee tomorrow night, the building's main entrance, the drum feature, the gymnasium and its separate entrance, community usage, a 680 seat auditorium, the support by the MSBA for the auditorium, all classrooms having natural light, the distance learning facility, lock-off capabilities, "green" features, the anticipation of obtaining LEED Silver designation, the potential reimbursement rate from the MSBA, the maximum reimbursement of 44.42 percent, going before the Advisory Committee on August 18th, and the Building Committee's website and posting of meeting minutes and documents. Ms. Burns inquired about the distance learning facility. Mr. Rabuffo reviewed the Potential Salvage and Reuse of Existing Middle School document and requested real figures prior to August 19th. Mr. Estes discussed why the model school program was proposed, why the existing building is not being considered for reuse or renovation, and the participation by the MSBA. Chairman Riley inquired about the green building aspects and his prior request regarding the use of a geothermal HVAC system. Mr. Estes discussed the architect's comments regarding geothermal usage, costs and cost savings, the design being based on the Whitman-Hanson school, the design being similar but not the same due to architectural features and color palettes found in Hingham, and changes made to accommodate team teaching. Chairman Riley inquired what costs are covered. Mr. Estes stated that in terms of reimbursement from the MSBA, septic costs, soft costs, some permitting costs and legal are not reimbursable; the bulk of the project is and some demolition may be reimbursable. Chairman Riley expressed concern over the current economy, maintaining Town supporting for the project, and the Committee showing reasonableness with its requests. Ms. Burns discussed green features, reimbursements available, and taking a long-term approach.
Linda Hill, 260 Main Street, stated that despite any rumors, there is no indoor pool and no indoor track being considered in this project. Carol Meyer of the Hingham Journal inquired about the accuracy of the previous cost estimates given for the project and whether an estimate of tax impacts will be given before Town Meeting. Mr. Estes stated that the estimates are still the same; Mr. Alexiades stated tax estimates will be provided. Laura Marwill, 30 Summit Drive, inquired as to whether the only option to pursue with the MSBA is the model school. Mr. Estes stated that the MSBA most likely will not participate in a renovation. Discussion followed regarding renovation, a new school under the model school program, all of the prior discussions with the MSBA, and the change in the MSBA's recommendation to the model school after learning of the condition of the existing roof. Mr. Rabuffo suggested that a cost analysis make clear the recommendation to proceed with the model school program. Ms. Burns discussed the difference between this model school program and the lack of state guidance for earlier projects. Edna English, Gardner Street, expressed concern regarding the possible future reduction of federal aid to Massachusetts and wanting to know the projected operating costs of the new building. Mr. Estes stated that he didn't know how the economy would affect the project but stated that with respect to operating cost, it is a larger school. Dr. Galo stated that this is a different situation than when the fourth elementary school opened, which required a complete infrastructure. She stated that some overtime and new staffing will be needed not because it's a new school but because of growth in enrollment. She discussed librarian staffing, technology staffing, additional custodian staff would be part of the regular budget cycle and not through an operating override. Mr. Estes stated that he did not expect to have final cost numbers before August 19th. Lizzie Eldridge, Union Street, asked what will happen if people don't accept the project. Ms. Estes stated that he could not speak for the MSBA but they do have a provision for a failed ballot vote.
Ms. Falvey addressed the Board regarding the request for additional funding for the High School track, tennis courts and field study. She summarized the meetings, reports, and funding efforts to date as well as the current conditions of the facilities. She stated that the Long Range Planning Subcommittee has broken the project into phases. She intends to have the numbers for the track on the 18th or 19th and the numbers for tennis courts soon, she has the traffic numbers, and the number on the Phase II study is pretty firm. She also stated that she intends to present a warrant article for consideration to the Board of Selectmen. Dr. Galo discussed the new ad hoc committee's role and its first meeting next Monday night. She also stated that the estimate is approximately $1,000,000: $675,000 for the track, $300,000 to $350,000 for the tennis courts with the potential for a grant from the USTA, and $10,000 for the traffic study. No formal action was taken.
The meeting recessed at 9:01 PM and reconvened at 9:10 PM.
Mr. Alexiades stated that the Board will make a decision on or before August 30th about what will be included on the warrant, after it receives the projects' costs. He also reviewed the Town's credit ratings by Moody's, Standard & Poor's and Fitch.
Lincoln Maritime Annual Report and Lease Discussion: Sturtevant English, President, and Ellen Dresser, Executive Director, were present representing Lincoln Maritime Center, LLC (LMC). Mr. English reviewed the existing lease, the term of the lease, and the provision regarding notifications and renewals. He stated that his understanding is that the lease continues until the end of August 2012, LMC is willing discuss anything with respect to the renewal terms, there are no demands, and he believes LMC has satisfied its obligations during the past terms. Discussion followed regarding extending the notification date from September 1 to January 1 for negotiations, a corresponding extension of the lease term, the end of the season typically being November 1st, and extending the notification date to November 30, 2011 and the lease term to November 30, 2012. Mr. English summarized the history of the lease since 2006, the leased property including Barnes Wharf and Steamboat/Barnes II Wharf, the nearing of the end of the term of the lease, the need for a long notification period in order to acquire a new location if the lease is terminated, the lease providing for the non-exclusive use of Town property to run programs, the consideration of $1.00 per year, and the provision for an annual report. Ms. Burns reviewed the lease history, and noted that the Town does not have a key to the building as agreed and the deck has not been constructed at Steamboat as agreed. Mr. Alexiades reviewed the basis for the lease expiration on August 7, 2012. Discussion followed regarding LMC financial statements. At the Board's request, Mr. English agreed to provide to the Board a copy of LMC's Form 990. Chairman Riley recommended that one Selectman, the Town Administrator, and one representative of LMC meet to work on the lease terms. Mr. English discussed the audited financial statements and the Lincoln Maritime Center 2011 report, including its emphasis on the community, 41 seasons of operation, LMC's governance, a financial summary, the significant difference between 2009 and 2010 being due to the 40th celebration, depreciation, the sailing program, inclusion of adults in the program, the cost per hour of LMC's program versus the cost of other comparable towns' programs, the rowing program, the variation of the costs between the rowing and the sailing programs, staffing, 2011 equipment, docks/floats, dock fees not having been assessed and maybe being part of the negotiations, additional floats 2011, 2010/2011 mooring fees, 2011 high school programs, other community services, LMC's operations based on program fees, and LMC's 501(c)(3) status. Ms. Dresser announced that Thursday night is the Annual Selectmen's Regatta at 5:00 pm. Doug Pilgrim provided public comment in support of the facility and of high school sailing. Bill Schrader inquired about the truth of replacing the facility with a restaurant. Chairman Riley discussed the lack of parking at the site. No formal action was taken.
Appointments: Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to appoint Alexandra Guild to the Shade Tree Committee; to reappoint James O'Hare and Joseph Roper to the Bare Cove Park Committee for a three-year term expiring in 2014; to reappoint Dorothy Manganaro, Kathleen McCann and Marjorie Elsden to a three-year term on the Beautification Commission; to reappoint Kathleen Peloquin as a Constable for the Town for a three-year term expiring in 2014; to reappoint Eileen Richards and Nanette Walsh to the Development & Industrial Commission for a five-year term expiring in 2016; and to reappoint Alan Perrault and Robert Mosher to the Harbor Development Committee for a three-year term expiring in 2014. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Ms. Burns and seconded by Chairman Riley to reappoint Susan Rabuffo a Trustee of the Hingham Public Library for a three-year term ending in 2014. A vote was taken, with Ms. Burns and Chairman Riley in favor, and Mr. Rabuffo abstaining; the motion passed
Selectmen/Town Administrator Reports: Ms. Burns discussed a proposed letter from the South Shore Coalition to MassDOT regarding comment on the Fore River Bridge Replacement Project, the issue of the proposed bridge design, the change from the current bridge's design, and the proposed design not being in keeping with an earlier agreement. Discussion followed.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to support the letter from member communities of the South Shore Coalition to MassDOT. A vote was taken and all were in favor; the motion passed.
Mr. Rabuffo reported on a recent article in the Boston Globe regarding Linden Ponds.
Bradley Woods Association Sign Replacement: Ms. Foley stated that during the past year the sign was hit by a car and then stolen, there is an existing post, the consent of the Selectmen is required because the center island is Town property, and there is no cost to the Town.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the request of the Bradley Woods Association to replace its previous sign with a new 20x30 oval sign as presented on the existing post on the traffic island at the entrance to the neighborhood. A vote was taken and all were in favor; the motion passed.
Adjourn Open Session/Executive Session for Police Department Litigation: Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to adjourn to executive session, not to return to open session, for the purpose of discussing contract negotiations with the Fire Chief, the Deputy Fire Chief and the Deputy Police Chief; and for the purpose of discussing strategy with respect to Police Department related litigation because an open meeting may have a detrimental effect on the litigating position of the town. A vote was taken by roll call and showed as follows: Mr. Rabuffo – yes, Ms. Burns – yes, Chairman Riley – yes. The motion passed.
The open session adjourned at 10:10 PM.
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):
1. Correspondence List August 2, 2011; Correspondence List August 9, 2011
2. Hingham Farmers Market Day Proclamation
3. Open Session Meeting Minutes of July 26, 2011
4. The Design of Jackass Park: Trees to be Moved Out and New Trees to be Planted dated 6/30/11
5. Agreement dated August 1, 2011, between the Town Of Hingham and C. N. Woods Co., Inc. for the purchase of a 2011 Trackless MT 6 Multi-Purpose Tractor in the amount of $111,695; Memoranda dated August 9, 2011 and August 4, 2011 from Randy Sylvester to Board of Selectmen regarding same
6. Agreement dated August 1, 2011, between the Town Of Hingham and MHQ for the purchase of a 2011 Elgin Pelican Street Sweeper in the amount of $151,689; Memoranda dated August 9, 2011 and August 4, 2011 from Randy Sylvester to Board of Selectmen regarding same
7. Potential Salvage and Reuse of Existing Middle School
8. Except from September 16, 2008 Board of Selectmen meeting minutes; Lincoln Maritime Center, Inc. Lease Summary; E-mail dated August 4, 2011 from Susan Murphy, Esquire to Betty Foley Re: Info for Meetings with LMC; Lincoln Maritime Center Inc. Financial Statements for the Years Ended September 30, 2010 and 2009; Lincoln Maritime Center 2011 Power Point
9. Letter from Mary Bell to Board of Selectmen requesting permission to replace neighborhood sign
10. Draft Letter from South Shore Coalition to Stephanie Boundy RE: South Shore Coalition Comment Letter on the Fore River Bridge Replacement Project
11. Memo dated August 9, 2011 from Roger Fernandes to Ted Alexiades RE: Town of Hingham Final Negotiation Result Regarding Main Street and Clark Road Gas Main Replacement
SUBMITTED AT MEETING:
12. Hingham Citizens Petition (regarding the Swap area at the Transfer Station) submitted by Larry Wetzel
13. Hingham Model Middle School by Ai3 submitted by Ray Estes
14. Challenges and Solutions (regarding High School fields, track and tennis courts) submitted by Carol Falvey