Back to Board of Selectmen Meeting Minutes
Board of Selectmen
November 1, 2011
7:02 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: John A. Riley, Chairman; Laura M. Burns; Bruce Rabuffo; and Ted Alexiades, Town Administrator
With a quorum present, Chairman Riley called the meeting to order and reviewed the order of the agenda.
Questions from the Public: There were no questions from the public.
Approval of October 11 and 18, 2011 Meeting Minutes: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the meeting minutes of October 11 and October 18, 2011. A vote was taken and all were in favor; the motion passed.
Nationalgrid Public Hearing/Grant of Location on the Petition of Nationalgrid to Install and Maintain Gas Service Main on Friend Street: Dennis Regan, Permit Representative, was present representing Nationalgrid. Mr. Regan requested consent to install and maintain approximately 28 feet more or less of 2" gas main in Friend Street, as more fully described in the Petition of Nationalgrid for Gas Main Locations dated October 3, 2011. Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works (DPW), also was present and stated that this is a new service. Mr. Regan acknowledged the receipt of the requirements of the DPW and both his and Nationalgrid's acceptance of the terms. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the Grant of Location request of Nationalgrid to install and maintain approximately 28 feet, more or less of 2 inch gas main in Friend Street, from the existing 2 inch gas main at House #10 Westerly to House #14 for a new gas service. This approval is subject to the stipulations of the Department of Public Works. A vote was taken and all were in favor; the motion passed.
Hai Phong, Inc. d/b/a Typhoon Asian Bistro and Lounge: Restaurant Liquor Licensee Request for Change of Manager, New Officers/Directors, Transfer of Stock, and Change of DBA Name: Do Le, part owner and manager of the applicant, was present representing the applicant. He stated that the former partner who also was the manager has left the business, he will have a direct role in the management of the business and will be there every day, he will be responsible for continuing TIPS training for the staff, and there have been no liquor license violations. There was no public comment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the application of Hai Phong, Inc. d/b/a Typhoon Asian Bistro and Lounge for a transfer of stock, new officers/directors, a change of Manager to Do Le, and a change of "doing business as" to Zendo Asian Bistro & Lounge, subject to the approval of the Alcoholic Beverages Control Commission. A vote was taken and all were in favor; the motion passed.
Asian Fusion, Inc. d/b/a Asian C: Restaurant Liquor Licensee Request for Change of Manager, New Officers/Directors, Transfer of Stock, and Change of DBA Name: Peter Lim, Esquire, and Ricky Zhong Qing Huang, part owner of the applicant, were present representing the applicant. Mr. Lim stated that originally there were five shareholders and Ricky Zhong Qing Huang now is the majority shareholder. Ricky Zhong Qing Huang stated that he has been involved in the day to day management, he will continue TIPS training, and there have been no liquor license violations. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the application of Asian Fusion Inc. d/b/a Asian C for a transfer of stock, new officers/directors, a change of Manager to Ricky Zhong Qing Huang, and a change of "doing business as" to Gourmet Garden, subject to the approval of the Alcoholic Beverages Control Commission. A vote was taken and all were in favor; the motion passed.
One Day Liquor Licenses: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the application of South School PTO c/o Elizabeth Emerson for a one-day all alcoholic beverages liquor license for a fundraiser and social on November 5, 2011 from 7 pm to 12 midnight at Old Derby Academy. There was no public comment. 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 approve the application of Wellspring c/o Theresa Kenny for a one-day all alcoholic beverages liquor license for the Wellspring Annual Fundraiser on November 11, 2011, from 7 pm to 12 midnight at 18 Shipyard Drive, 2nd floor. There was no public comment. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the issuance of a one-day wine and beer liquor license to A9 Catering, LLC c/o Paul Wahlberg for the Derby Academy Annual Fund Launch Party on October 27, 2011, from 6 pm to 8 pm at 18 Shipyard Drive, 2nd Floor. Discussion followed that the October 27th date is correct and this is a ratification. A vote was taken and all were in favor; the motion passed.
Middle School Documents: Mr. Alexiades explained that a time-sensitive document needed to be signed by the Chairman yesterday, and its content was a certification of the Town Meeting vote. There was no public comment. Mr. Rabuffo requested timely submission of documents to the Board.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to authorize the chairman to sign documents necessary to proceed with the Hingham Middle School Project. A vote was taken and all were in favor; the motion passed.
Town Hall Holiday Closings: Mr. Alexiades stated that past practice has been to close Town Hall on the Friday following Thanksgiving, with employees using vacation, personal or compensatory time. The proposed Christmas/New Year's schedule follows the state's schedule.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns that the Board of Selectmen establishes holiday hours for the Town Hall as follows:
Thursday, November 24 – closed Thanksgiving holiday
Friday, November 25 - closed employees must use vacation, personal or compensatory time
Sunday, December 25 – closed Christmas holiday
Monday, December 26 – closed holiday observed
Sunday, January 1 – closed New Year's Holiday
Monday, January 2 – closed holiday observed.
Lincoln Maritime Center (LMC) Lease Extension: Mr. Alexiades stated that the existing lease extension is to November 30th, it is not practical to conclude negotiations by November 30th, and the proposed extension is to December 30th. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to sign the Second Amendment to Lease by and between the Town of Hingham and Lincoln Maritime Center. A vote was taken and all were in favor; the motion passed.
Change of Primary Election Date: Eileen McCracken, Town Clerk, explained that town clerks have been approached by the City of Woburn regarding pending state legislation that moves the state primary and the presidential primary to the first Tuesday in June, thereby allowing military personnel and oversees residents to vote without waiving their right to a secret ballot, saving the Commonwealth and communities at least $8,000,000, and simplifying the election process. She also noted that the proposed bill establishes a new method of selecting town committee members, other states have adopted the measure, and the savings to Hingham should be about $10,000 as the state pays for the cost of printing ballots and machine programming. Discussion followed. Ms. Burns expressed concern with the local committee portion of the proposed bill. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to support the adoption of HB1972 "An Act Regulating Election Primaries" pending before the 187th General Court of the Commonwealth of Massachusetts and direct the Town Clerk to transmit a copy of this action to the State Delegation and the Joint Committee on Election Laws. A vote was taken and all were in favor; the motion passed.
Ms. McCracken noted that the turnout of 33.8 percent at the Town election on October 29th was the largest in the last 10 years. Mr. Rabuffo expressed his concern with the recent reconfiguration of Precinct 2 resulting in split representation, with Representative Murphy from Weymouth representing Precinct 2 and Representative Bradley representing the rest of Hingham. Ms. Burns reviewed her conversations with Representative Bradley and noted that the change provides additional representation for Hingham. Discussion followed.
Nationalgrid Public Hearing/Grant of Location on the Petition of Nationalgrid to Install and Maintain Gas Service Mains on Main Street – Elm Street to Leavitt Street: Dennis Regan, Permit Representative, was present representing Nationalgrid. Mr. Regan requested consent to install and maintain approximately 3,475 feet more or less of 6" gas main in Main Street from Elm Street to Leavitt Street, as more fully described in the Petition of Nationalgrid for Gas Main Locations dated October 24, 2011. Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works (DPW), also was present. Chairman Riley noted the concerns of the DPW because of the age of the main and the amount of required maintenance. Mr. Sylvester reviewed the DPW's pavement policy. He stated that DPW's preference is that the gas company do installations prior to road pavement; at the time that Main Street was paved Nationalgrid did not agree to DPW's specifications; an agreement now has been reached; Nationalgrid has agreed to resurface the road for the entire disturbed length at its expense; this work will be done in conjunction with the Playground Road request; the goal is for installation this winter with resurfacing complete by the Fourth of July; Nationalgrid will resurface an additional 300 feet to South Street to avoid seams; leaks are continuing and the main is 99 years old; progress will be weather driven; temporary patches will be used if the temperature is too low; the road was surfaced about 14 months ago; the new work will include resurfacing and micro-sealing; no plates will be left in the road during storms; DPW has made great progress with Nationalgrid; and DPW researches main age and leak history and encourages main replacement on roads scheduled for reconstruction. Mr. Rabuffo stressed his concern with the work of Nationalgrid and DPW being out of sync and wants to see a synchronized schedule of main replacement with the five year road plan. Mr. Alexiades noted that Nationalgrid has provided Roger Fernandes with its main replacement information and that he will provide Mr. Rabuffo with a copy of the schedule as requested. Mr. Regan acknowledged the receipt of the requirements of the DPW and both his and Nationalgrid's acceptance of the terms.
Kathleen Burke-Howie, 255 Main Street, requested an explanation of the timing, staging and notice process. Mr. Regan stated that if approved tonight, Nationalgrid will apply for a street opening permit, there will be a preconstruction meeting to determine how many feet can be installed per day, the trench in front of a house will only be open the day of installation, Nationalgrid will plate for driveways access, there will be a police detail, and residents will be notified of the day of installation. Paul Healey, 207 Main Street, asked if piping from the main to houses will be replaced if it is of a certain age. Mr. Regan said typically they do an insertion, there might be a meter relocation, and they will test for leaks.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the Grant of Location request of Nationalgrid to install and maintain approximately 3,475 feet, more or less of 6 inch gas main in Main Street, from the existing 4 inch gas main at Elm Street southeasterly to the existing 4 inch gas main at Leavitt Street and the existing 3 inch gas main at House #273 Main Street, all of which is to replace the existing 4 inch gas main in Main Street. This approval is subject to the stipulations of the Department of Public Works. A vote was taken and all were in favor; the motion passed.
Nationalgrid Public Hearings/Grant of Location on the Petition of Nationalgrid to Install and Maintain Gas Service Mains on Main Street –Leavitt Street to Playground Road: Dennis Regan, Permit Representative, was present representing Nationalgrid. Mr. Regan requested consent to install and maintain approximately 450 feet more or less of 6" gas main in Main Street from Leavitt Street to Playground Road, as more fully described in the Petition of Nationalgrid for Gas Main Locations dated April 26, 2011. Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works (DPW), also was present. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the Grant of Location request of Nationalgrid to install and maintain approximately 450 feet, more or less of 6 inch gas main in Main Street, from the existing 3 inch gas main at Leavitt Street southerly to the existing 3 inch gas main at Playground Road, all of which is to replace the existing 3 inch gas main in Main Street. This approval is subject to the stipulations of the Department of Public Works. A vote was taken and all were in favor; the motion passed.
Request for Assistance of Legal Counsel from Community Planning: Mr. Alexiades reviewed his meeting with Jim Toomey and the Community Planning Department, and his discussion with AvalonBay representatives, regarding a forthcoming AvalonBay application under Chapter 40B and the procedures for processing the application and preserving the Town's position that the Town has achieved its minimum 10 percent affordable housing count. He clarified that the approval tonight is for the first stage in the range of $3,000 to $5,000 and for the second stage in the range of $3,000 to $6,000. Discussion followed regarding the process, the importance of the wording of any decision, the issue of Erickson's payment of legal bills and the absence of a written agreement, and the Linden Ponds count. Mr. Alexiades said that he has not yet talked to Erickson.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the Request for Assistance of Legal Counsel dated October 31, 2011 from Community Planning to proceed with notice and an appeal to the Department of Housing and Community Development and the Housing Appeals Committee regarding Hingham's affordable housing count. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator's Reports: Mr. Alexiades reported that the landfill capping is proceeding on schedule with no issues. Regional dispatch is moving forward; Hingham is in, with Hull likely to follow next week. Ms. Burns commented on the large turnout for the Town election and thanked everyone for participating. Mr. Rabuffo agreed with Ms. Burns and also commended the Town Moderator for running the meeting as well as he did. Chairman Riley congratulated the Shade Tree Committee and DPW for their efforts at Jackass Park, and he thanked the Garden Club for its financial contributions.
Adjourn/Executive Session: 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 strategy with respect to collective bargaining because an open meeting may have a detrimental effect on the bargaining position of the Town. A vote was taken by roll call and showed as follows: Ms. Burns – yes, Mr. Rabuffo – yes, Chairman Riley – yes; the motion passed.
The open session adjourned at 8:18 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):
1. Correspondence – October 18, October 25, and November 1, 2011
2. Meeting Minutes dated October 11, 2011 and October 18, 2011
3. Public Hearing Notice, Petition of Nationalgrid for Gas Main Location for 14 Friend Street dated October 3, 2011; Letter dated October 4, 2011 to Mr. Dennis Regan from Harry Sylvester, Grant of Location Map
4. Memo dated November 1, 2011 to Board of Selectmen from Laurie Zivkovich RE: Hai Phong Inc. d/b/a Typhoon Asian Bistro and Lounge – Application for Changes to Restaurant All Alcoholic Beverages License
5. Memo dated November 1, 2011 to Board of Selectmen from Laurie Zivkovich RE:Asian Fusion d/b/a Asian C – Application for Changes to Restaurant All Alcoholic Beverages License
6. Public Hearing Notice, Petition of Nationalgrid for Gas Main Location for Main Street from Elm Street to Leavitt Street dated October 25, 2011; Letter dated October 4, 2011 to Mr. Dennis Regan from Harry Sylvester, Grant of Location Map
7. Public Hearing Notice, Petition of Nationalgrid for Gas Main Location for Main Street from Leavitt to Playground Road dated April 26, 2011; Letter dated October 26, 2011 to Mr. Dennis Regan from Harry Sylvester, Grant of Location Map
8. Letter dated October 6, 2011 from William C. Campbell to Eileen A. McCracken with attachments
9. Request for Assistance of Legal Counsel dated 10/31/11 to Hingham Board of Selectmen from Katy Lacy
10. Application for Temporary Liquor License from South School PTO
11. Application for Temporary Liquor License from Theresa Kenny for Wellspring
12. Application for Temporary Liquor License from A9 Catering LLC
13. Second Amendment to Lease – Town of Hingham and Lincoln Maritime Center, Inc.
Approved: November 15, 2011