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Board of Selectmen - Meeting Minutes

Board of Selectmen
January 3, 2012
5:00 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:  There were no questions from the public.

Approval of Meeting Minutes from December 13, 19 (10:00 am and 5:00 pm), 20 and 23, 2011:  Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to  approve the minutes of the Board of Selectmen meetings of December 13, December 19, December 20 and December 23, 2011.  A vote was taken and all were in favor; the motion passed.

Chipotle Mexican Grill, Derby Street – Request to Change Licensed Manger:  Gregory Forte, the proposed new manager of the malt beverages liquor license for Chipotle Mexican Grill, was present.  Ms. Burns asked Mr. Forte what his plan is to keep the staff TIPS trained.   Mr. Forte stated that there currently are four cashiers at the restaurant and he intends to hire a fifth; he reviews training with them; and the practice is to check ID regardless of age.  Ms. Burns said the Board requests formal TIPS training; Mr. Forte said he will provide formal training.  Mr. Forte reviewed his restaurant experience.  Mr. Rabuffo inquired about his experience with alcohol-related incidents.  Mr. Forte reviewed his experience with private receptions where alcohol was served.  Chairman Riley asked if there was any history of incidents at this Hingham restaurant; Mr. Alexiades was not aware of any.

Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the request of Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 92 Derby Street to change the manager of its Malt Alcoholic Beverages License from Kathryn J. Goble to Gregory Forte, subject to approval of the ABCC.  A vote was taken and all were in favor; the motion passed.

Town Clerk on Re-precincting and Effect of Sub-precinct 6A:  Eileen McCracken, Town Clerk, stated that at her last meeting before the Selectmen  she talked about the recent elimination of Sub-precinct 6A, after the December meeting she sent a letter to the people surrounding Linden Ponds who were in Sub-precinct 6A, she had a 21 percent response rate to her letter, and 104 out of the 123 persons who responded want to continue voting at Linden Ponds and  19 want to go back to voting at the Middle School.  Discussion followed regarding the responses, polling place procedures, and staffing.  Based on the responses, Ms. McCracken recommended petitioning the legislature to have Sub-precinct 6A go back into order, noting that it must be a sub-precinct and not a newly created precinct.  Ms. Foley stated that she has spoken with Town Counsel and he will prepare a draft for Representative Bradley.  Ms. McCracken noted a February 15th deadline. 

Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to pursue special legislation to maintain former Sub-precinct 6A for the next decade, however it may best be pursued.  A vote was taken and all were in favor; the motion passed.   

FY2013 Budget Votes:  Ms. Foley reported on a phone call she received today from Marjorie Mahoney, Director for the Plymouth County Cooperative Extension Service, who said she does not want to be reappointed to the position and the service is strictly 4-H at this point.  The consensus of the Board was to remove the $300 Plymouth County Extension Service line item from the Unclassified Budget.    

Voted – A motion was made by Ms. Burns to approve the FY2013 budgets as recommended by the Town Administrator with the exception of the $300 Plymouth County Extension Service line item in the Unclassified budget.

Discussion followed regarding the $25,000 line item for a grant writer, which was presented as an additional request under Selectmen budget.  Mr. Alexiades stated that although he and Ms. Burns are in favor of having a grant writer, he is not recommending approval of this item because of the significant budget deficit of $1.2 million plus an additional amount based on the School request.  Mr. Alexiades added that the amount in the budget for the schools does not include any increases the School Board might request, because they have not concluded their own budget discussions.

Discussion followed regarding Police and Harbormaster, with Mr. Rabuffo asking about the $14,868 additional budget request for wages.  Mr. Alexiades stated that his budget recommendation for the Payroll line item includes the additional $14,868 for full-time and part-time wages.  Mr. Rabuffo noted that at the last budget meeting he requested coordination of harbormaster activities in adjoining towns.  Mr. Alexiades reviewed his conversations with Ken Corson and Chief Peraino and their intent to meet with the neighboring police chiefs and have discussions.  Mr. Rabuffo was concerned with the size of the increase in full-time wages.  Discussion followed.  Mr. Alexiades assured Mr. Rabuffo that he will work on the issue.  The general consensus was to hold off on voting on the entire Harbormaster budget and Education budget until January 31st.

Ms. Burns amended her motion to approve the FY2013 budgets as recommended by the Town Administrator, with the exception of the $300 Plymouth County Extension Service line item in the Unclassified budget and to hold off on voting on the Harbormaster and Education budgets, as follows:

A vote was taken and all were in favor; the motion passed.
Hingham Model Middle School Project: :  Ray Estes, Chair of the School Building Committee and Mary Mahoney, Owners Project Manger and working for KBA, were present. 

Approval of the Project Funding Agreement between the MSBA and the Town of Hingham:  Mr. Estes stated that this is the last major agreement that needs execution by Chairman Riley.  The Agreement outlines the manner of construction and reimbursement through the grant, it sets forth a number of requirements, it will be a pay-as-you-go system where invoices are submitted and the MSBA makes reimbursements at the agreed upon percentage up to grant limit, and five percent is held until the final audit.  Ms. Burns asked if the agreement is identical to the East School agreement.  Ms. Mahoney said that it is, with the one exception being that change orders are now held for reimbursement until the end and the audit for the project is done to ensure that an owner does not scale back the scope initially and then add back through change orders.  Chairman Riley questioned if it applied to increases only; Ms. Mahoney said it applies to increases and decreases as the MSBA is concerned with cutting items, such as square footage and furniture for example.  Ms. Burns noted that the system now is much better than compared to the high school project where there was no reimbursement until the project was complete.  Ms. Mahoney stated that the $25,000,000 number is the maximum amount of the grant and it includes a change order contingency.  Mr. Rabuffo asked for clarification if the project comes in for less.  Ms. Mahoney said the percentage reimbursement of 43.87 percent remains the same.  Discussion followed regarding ineligible costs, denials of reimbursement, and appeals. 

Ms. Mahoney reviewed the schedule going forward, intending to submit 60 percent construction documents February 17th, continue with design, have a 100 percent submission March 30th, and pursue bids.  Mr. Estes said that new cost estimate will be done and submitted to the MSBA.  Mr. Rabuffo requested communication with the Selectmen prior to the February 17th and March 30th submissions.  Discussion followed regarding the invoice submittal and reimbursement process and timelines.  Mr. Alexiades discussed the Town’s borrowing for net needs and not gross needs.  Chairman Riley questioned if value engineering is still ongoing.  Mr. Estes said it is and remains one of the top priorities.  He discussed refinement of interior and exterior designs and creating flexibility in use of space.  Chairman Riley asked what will happen if the bids come in higher.  Ms. Mahoney reviewed that the numbers presented represent the midrange and not the low.  The value of an overage would be looked at with value engineering or change orders.  Mr. Estes said that, speaking for himself and not the entire committee, he would not support moving forward with higher numbers without first looking for cost savings and efficiencies.  Ms. Mahoney said that it could trigger a second round of bidding as the owner has flexibility with how to move forward: as is, make up the difference is soft costs, or rebid sections.  Mr. Rabuffo stressed the importance of keeping the public informed.

Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the Project Funding Agreement by and between the Massachusetts School Building Authority and the Town of Hingham regarding the construction of the new Hingham Middle School.  A vote was taken and all were in favor; the motion passed.  A vote was taken and all were in favor; the motion passed.

Request to Use the Middle School Tennis Courts for Parking and Staging during Construction Contract Period:  Ms. Mahoney stated that she has contacted the Department of Public Works (DPW) and Roger Fernandes to review the  request to use the Middle School tennis courts, the courts were resurfaced a few years ago, they will be restored to existing conditions, the site is extremely tight, they are trying to balance contractor staging with buses and a minimum loss of parking and with the wetlands, building  temporary parking lots at the back of school would be a disturbance to neighbors, and they will do a preconstruction survey and video to document existing standards.  Mr. Estes stated the courts are under the control of the Board of Selectmen and maintained by the DPW.  Mr. Alexiades said he spoke with Mr. Fernandes and while it would be better not to use them, there really is no choice.  Mr. Rabuffo questioned the timing of the request and whether there will be an agreement with the contractor.  Ms. Mahoney reviewed the required responsibility of the contractor.  She also stated the request is coming now because of cost considerations by not requiring a contractor to maintain offsite storage.  She said the courts would be used the entire length of the project, through the demolition phase of the existing Middle School.  Mr. Estes clarified June 2012 through June 2015.  Chairman Riley expressed his concerns about logistics, traffic at the site, and lines holding up contractors and material deliveries.  Ms. Mahoney said the phasing plan includes hours of contractor operations and deliveries.  She also hopes to work with the Police Department for temporary waiting sites for material deliveries. 

Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the request of the School Building Committee to temporarily use the existing tennis courts at the Middle School per the KBA Hingham Middle School – Construction Phasing Tennis Court Use Plan memo dated 12/23/11.  A vote was taken and all were in favor; the motion passed. 

Mr. Estes announced a group presentation to three of the permitting boards – Planning, Health and Conservation – on January 23rd.  The meeting is open to the public. 

Appointments:  Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to appoint Dawn Sibor a Registrar of Voters to fill an unexpired term ending in 2014.  A vote was taken and all were in favor; the motion passed.

Selectmen/Town Administrator’s Reports:  Ms. Burns reported on the Board of Selectmen’s meeting on December 23rd that was posted but not well attended at which the Board discussed the possibility of putting forth a warrant article at Town Meeting to form a citizen committee to propose a design for a memorial for Herbert Foss.  Mr. Rabuffo stated that he has discussed this with Representative Bradley and Senator Hedlund.  Ms. Foley was asked to draft a warrant article for discussion at a future meeting, with topics to include location and committee membership.  Ms. Burns would like the Board of Selectmen to sponsor the article.
Mr. Rabuffo reported on his attendance at the retirement event of Paul Perry after 43 years of service at the Hingham Post Office.  The Postmaster said the Hingham downtown post office is not on the list of closures; there was no mention about the Accord post office.  Mr. Rabuffo also reported on a potential warrant article for the opportunity of veterans to receive reductions on real estate, personal property and excise taxes.
Mr. Alexiades discussed the formation of a group at Town Hall to determine ways to effectuate some relief to Hingham citizens most affected by property tax increases.  He will report back on its findings.
Engagement Letter with Tarlow, Breed, Hart & Rodgers, P.C.:  Mr. Alexiades summarized the proposed amendment.  The original letter did not reflect the rate for non-litigation attorneys; this amendment reduces the rates for non-litigation attorney and it reduces the original rate of Kerry Ryan, a litigation attorney.  Ms. Burns asked what the rate would be for other litigation attorneys.  Mr. Alexiades noted that there are none that we use but, if we do in the future, there will be another amendment.  Currently the firm is handling the Aquarion water rate litigation. 
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the Amendment dated January 3, 2012, to engagement letter dated May 24, 2010, as previously amended on June 14, 2010, between Tarlow, Breed, Hart & Rodgers, P.C. and the Town of Hingham.  A vote was taken and all were in favor; the motion passed.
Mr. Riley announced the resignation of Mr. Sweeney from the Harbor Development Committee, currently there are two openings, and anyone interested in serving on the Committee should fill out a talent bank application. 

Carol Meyer asked if a date has been set yet for the meeting regarding property assessments.  Mr. Rabuffo expects it to be sometime during the week of January 15th. 

Chairman Riley stated that there will not be an executive session tonight. 

Adjourn:   Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to adjourn.  A vote was taken and all were in favor; the motion passed.

The open session adjourned at 6:28 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 Lists – January 3, 2012; December 27, 2011; and December 6, 13, and 20, 2011
2. Board of Selectmen Meeting Minutes of December 13, 2011; December 19 (10:00 am), 2011; December 19 (5:09 pm); December 20, 2011; and December 23, 2011
3. Application of Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, for change of manger
4. Hingham Middle School Project Funding Agreement between Massachusetts School Building Authority and Town of Hingham; Certification Legal Counsel for the Town of Hingham; KBA Memorandum 11 dated 12/23/11 Hingham Middle School-Construction Phasing Tennis Court Use Plan; KBA Memorandum 10 dated 12/22/11 Hingham Middle School-Construction Phasing; Letter dated January 3, 2012 from Thomas F. Patch to Board of Selectmen RE:  January 3, 2012 Agenda Item-Request to Use the Middle School Tennis Courts for Parking and Staging during Construction Contract Period
5. E-mail dated January 3, 2012 from Kerry Ryan RE:  Amendment; Amendment to Engagement Letter dated January 3, 2012 between Tarlow Breed Hard & Rodgers, P.C. and Town of Hingham; Amendment to Engagement Letter dated June 14, 2010 between Tarlow Breed Hard & Rodgers, P.C.  and Town of Hingham; Engagement Letter dated May 24, 2010 between Tarlow Breed Hard & Rodgers, P.C.  and Town of Hingham;

Approved: January 17, 2012