Back to Board of Selectmen Meeting Minutes
Board of Selectmen
February 9, 2012
5:05 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 January 31 and February 7, 2012: Voted – A motion was made by Ms. Burns to approve the open session meeting minutes of the Board of Selectmen of January 31 and February 7, 2012. Mr. Rabuffo noted that he was not at the February 7th meeting. The motion was seconded by Mr. Rabuffo. A vote was taken and all were in favor; the motion passed.
Public Hearing – Entertainment License Request from the Scarlet Oak Tavern, 1217 Main Street: Ken Robicheau, general manager of the Scarlet Oak Tavern, was present and stated that the Scarlet Oak had a successful season last year on the patio on Friday nights, mostly with a vocalist and guitarist. He would like to extend the request this year to include Thursdays, Fridays and Saturdays from 6:00 pm to 11:00 pm. Mr. Robicheau said the music benefits the garden because of the noise from Route 228. Discussion followed regarding the months of operation; Ms. Burns suggested to let the weather set the limitations. Mr. Robicheau stated that he received no complaints. Police Chief Peraino stated he had no objection and no record of complaints or problems from last summer.
John Lawless, of John J. Lawless Insurance Agency, Whiting Street, stated that he owns the parking lot adjacent to the Scarlet Oak Tavern. He asked where the parking will be, and said that he has problems with others parking on his property. Mr. Robicheau said that he is now using satellite parking for employees on Andrew Fuchiera’s lot across Main Street. Mr. Lawless said that during Christmas and New Year’s had to put up ropes, and he opposes the request for an entertainment license. Chairman Riley suggested that the satellite parking might be a problem and that Mr. Robicheau needs to go through the Planning Board for approval. Mr. Robicheau noted that last year on Fridays they didn’t use any parking other than at the Scarlet Oak. Chairman Riley discussed parking and the by-law requirements. Mr. Lawless said he has had problems on weekends and the last two months he has had to put up cones. Ms. Burns questioned the impact of music on the number of permitted seats and parking but agreed that Mr. Robicheau should meet with the Community Planning Department regarding seating and parking. Chief Peraino commented on towing and noted that he has spoken with Mr. Lawless about needing to post signs. Mr. Lawless said he does have signs posted but prefers not to have cars towed. The consensus of the Board was for Mr. Robicheau to meet with the Community Planning Department, review the number of seats and the number of parking spaces, discuss the off-site parking issue, and report back. The Board also encouraged Mr. Lawless and Mr. Robicheau to discuss the issue. Mr. Lawless expressed concerns about his liability as the property owner.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to continue the hearing on the request of the Scarlet Oak Tavern for an entertainment license to March 1, 2012, at 6:45 pm. A vote was taken and all were in favor; the motion passed.
Public Hearing - Grant of Location Request on the Petition of Nationalgrid to install and maintain approximately 420 feet, more or less of 6 inch gas main in Leavitt Street: Dennis Regan, Permit Representative, and Peter Nagle, Community and Customer Management, were present representing Nationalgrid. Also present was Harry Sylvester, Hingham Department of Public Works. Mr. Regan requested consent to install and maintain approximately 420 feet more or less of 6” gas main in Leavitt Street, as more fully described in the Petition of Nationalgrid for Gas Main Locations dated January 19, 2012. Mr. Regan stated that the work could start tomorrow. Mr. Sylvester reported on the status of the Main Street work. Mr. Regan said he agrees to the 17 conditions listed in the letter dated January 24, 2012, from Harry Sylvester to Dennis Regan. Discussion followed regarding Short Street, individual house service reconnections on Main Street, and an underground abandoned cement water main in that area. Mr. Nagle agreed to Chairman Riley’s request that Nationalgrid use a mole method where possible. There was no public comment.
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 420 feet, more or less of 6 inch gas main in Leavitt Street from the proposed 6 inch gas main in Main Street, easterly to House #18. All of which is to replace the existing 4 inch gas main in Leavitt 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.
Warrant Articles – Discussion and Vote:
Article FFF Real Estate Tax Deferral Gross Receipts: Will the Town increase the gross receipts that seniors may have in the prior calendar year to be eligible to defer property taxes under G.L. c. 59 sec 5, Clause 41A from 40,000 (to 100% of the amount established annually by the Commissioner of Revenue as the income limit for single seniors who are not heads of households to qualify for the “circuit breaker” state income tax credit for the preceding state tax year), with such increase to be effective for deferrals granted for taxes assessed for any fiscal year beginning on July 1, 2012, or act on anything relating thereto? (Inserted by the Board of Selectmen) Ms. Burns read the article aloud for the public. Mr. Alexiades summarized the article and the tie to circuit breaker. He also confirmed that it involves deferment and not abatement. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo was to recommend Article FFF Real Estate Tax Deferral Gross Receipts to the Advisory Committee and Town Meeting. A vote was taken and all were in favor; the motion passed.
Article GGG – Annual Increase in Asset Limit for Real Estate Tax Exemptions for Seniors: Will the Town accept General Laws Chapter 59, Section 5, Clause 17E, which authorizes an annual increase in the asset (whole estate) limit for exemptions granted to senior citizens, surviving spouses and surviving minors under General Laws chapter 59, Section 5, Clause 17D, by the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as determined by the Commissioner of Revenue, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2012, or act on anything relating thereto?
Mr. Rabuffo read the article aloud for the public. Mr. Alexiades summarized the article and the tie to inflation. Ms. Burns inquired if towns can have different dollar thresholds. Mr. Alexiades discussed the current lack of available statistics regarding how many residents have assets in excess of $40,000, excluding their residences. Discussion followed. Mr. Rabuffo asked about obtaining last year’s data. There was no public comment
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to recommend Article GGG Annual Increase in Asset Limit For Real State Tax Exemptions for Seniors to the Advisory Committee and Town Meeting. A vote was taken and all were in favor; the motion passed.
Article HHH Real Estate Tax Exemption Increase in Income and Assets: Will the Town accept General Laws Chapter 59, Section 5, Clause 41D, which authorizes an annual increase in the income (gross receipts) and asset (whole estate) limits for exemptions granted to senior citizens, surviving spouses and surviving minors under General Laws chapter 59, Section 5, Clause 41C, by the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as determined by the Commissioner of Revenue, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2012, or act on anything relating thereto?(Inserted by the Board of Selectmen) Ms. Burns read the article aloud for the public. Mr. Alexiades summarized the article, the tie to inflation and the possibility of an article next year that would raise the limits. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to recommend Article HHH Real Estate Tax Exemption Increase in Income and Assets to the Advisory Committee and Town Meeting. A vote was taken and all were in favor; the motion passed.
Article JJJ Clause 56 Tax Exemption for Deployed Military Personnel: Will the Town accept Clause 56 of MGL c. 59, §5 which would allow members of the Massachusetts National Guard or military reservists who are on active duty to obtain a reduction of all or part of their real and personal property taxes for any fiscal year they are serving in a foreign country, or act on anything relating thereto?(Inserted at the request of the Veterans’ Council) Keith Jermyn, Veterans’ Service Officer, summarized the article and distributed to the Selectmen information regarding an estimate of potential candidates and the estimated total exemption result. Mr. Jermyn reviewed the data, the formula used, the results in the Town of Braintree, the procedure and the expiration in two years. Mr. Rabuffo inquired about other towns. James Sharkansky, the Advisory Committee liaison, spoke in favor of the article. Mr. Jermyn emphasized the limited availability of data. Discussion followed regarding implementation questions, implementation regulations, the period of applicability, proration, training orders, being overseas versus training, after-the-fact credits, and federal law regarding tax deferrals. Bob Fournier commented on Form DD214 and tax deferral under federal law. Mr. Alexiades is not aware of anyone deferring taxes under this law at this time. Mr. Jermyn agreed to further investigate implementation and report back to the Board of Selectmen. No formal action was taken.
Article KKK Accept MGL 60A: Will the Town accept MGL c. 60A, §1 allowing motor vehicle tax exemption for former prisoners of war and their surviving spouse, or act on anything relating thereto? (Inserted at the request of the Veterans’ Council) Keith Jermyn, Veterans’ Service Officer, reviewed the article, distributed to the Selectmen information regarding an estimate of potential candidates and the estimated total exemption result, and said currently one person has sought abatement. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to recommend Article KKK Accept MGL 60A for approval to the Advisory Committee and Town Meeting. A vote was taken and all were in favor; the motion passed.
Article DD Amended General By-Laws re: Second Hand Metals or Precious Metals: Will the Town amend the General By-laws of the Town of Hingham. Adopted March 13, 1941, as heretofore amended at Article 13 as follows:
Item 1. At Section 4 - General Rules and Regulations, by deleting the words “a period of at least fifteen days’ and replacing it with the words “a period of at least thirty days”; and
Item 2. At Section 5 – Books to be Kept; Number of Articles Purchased; Inspection, by adding the following sentence at the end of said section: “An electronic copy of this record shall be forwarded to the Police Department within one (1) calendar day of the transaction.” Or act on anything relating thereto? (Inserted at the request of the Chief of Police) Police Chief Peraino summarized the article and the requested change from 15 days to 30 days. He discussed house breaks on the South Shore and a South Shore task force. He reported that almost all towns on the South Shore have a by-law for 30 days, which allows more time to recover property, and he has contacted the jewelry stores about the proposed change. He also discussed electronic copies and the provision of software to the jewelry stores. Discussion followed.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to recommend Article DD Amend General By-Laws re: Second Hand Metals or Precious Metals to the Advisory Committee. A vote was taken and all were in favor; the motion passed.
Article NNN Transfer Funds into the Stabilization Fund: Will the Town transfer from available funds, a sum of money into the Meals Tax Stabilization Fund, or act on anything relating thereto? (Inserted by the Board of Selectmen) Mr. Alexiades summarized the article. Ms. Burns reported that collections for 2012 are expected to exceed 2011’s collections.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to recommend Article NNN Transfer Funds into the Stabilization Fund to the Advisory Committee and Town Meeting. A vote was taken and all were in favor; the motion passed.
Appointments: Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to appoint Lois Levine to the Historic Districts Commission for a term expiring in 2014. 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 appoint Paul Losordo a member of the Harbor Development Committee to fill a one-year unexpired term ending in 2012. Discussion followed regarding Mr. Losordo’s confirmation of availability. A vote was taken and all were in favor; the motion passed.
Health Insurance Review Panel Representative: Mr. Alexiades commented that other towns so far have named the town administrator as the representative.
Voted – A motion was made by Ms. Burns to name Ted Alexiades, Town Administrator, as the Town’s representative to the Health Insurance Review Panel. Discussion followed regarding statewide savings reported to date and the upcoming meeting schedule. Mr. Rabuffo seconded the motion. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator’s Reports: Chairman Riley reported on the progress of House Bill 3907 regarding Precinct 5 and the Linden Ponds polling location. Mr. Alexiades announced an upcoming boating safety course in Braintree offered by the Coast Guard to the public. Ms. Burns reported on recent meetings with the MBTA. Mr. Rabuffo announced the Town Forum on Sunday February 12th.
Adjourn: A motion was made by Ms. Burns and seconded by Mr. Rabuffo to adjourn. A vote was taken and all were in favor; the motion passed. The open session adjourned at 6:32 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):
Approved: February 16, 2012