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Board of Selectmen
April 12, 2012
5:04 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: Bernard Manning, 59 Cushing Street, stated his displeasure with the treatment rendered his warrant articles, and he is in the process of preparing a statement to release to the press regarding censorship of warrant articles. Ms. Foley reviewed Town Counsel’s opinion that the law has been complied with. Mr. Manning suggested that the Town send to all households a supplemental warrant containing the full text of his articles. Mr. Alexiades noted that the Selectmen work under the advice of Town Counsel. Mr. Manning said that he requested but has not received from the Town Counsel a case citation or legal reference. Ms. Burns and Mr. Rabuffo agreed to make the request to Town Counsel.
Approval of Meeting Minutes from March 15, March 29, and April 6, 2012: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the open session meeting minutes of March 15, March 29, and April 6, 2012. A vote was taken and all were in favor; the motion passed.
Creation of Cushing/Main/South Pleasant Study Group: Mr. Rabuffo discussed addressing citizen concern over the Cushing/Main/South Pleasant Streets intersection in a different fashion with the formation of a study group. Discussion followed regarding a name and whether to limit the name due to problems caused by other intersections. Chairman Riley discussed options other than a traffic light. Mr. Alexiades said he has spoken with Paul Healey and Jim Costello, who are members of the Traffic Committee, and Dick Cook, a traffic engineer, who are interested in serving on the committee. Bernard Manning, 59 Cushing Street, discussed a Coler and Colantonio report, the consideration of only vehicular traffic and not pedestrian issues, estimated prices for a traffic light, and the impossibility of crosswalks with a roundabout or rotary. Chairman Riley reviewed the costs of a traffic light and discussed the road building program. Ms. Burns noted that pedestrian concern is one reason for setting up the committee.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to establish a Committee to Review the Intersection of South Pleasant, Cushing and Main Streets, consisting of five members to be appointed by the Board of Selectmen: two from the Traffic Safety Committee and three citizens at large. The charge of this Committee shall be to consider: 1) Whether the study conducted by Coler and Colantonio in 2010 and accepted by the Traffic Committee is still what the town should rely on, or 2) Whether there are alternatives to signalization that should be considered, or 3) Whether there are new reasons to consider signalization at this intersection. A vote was taken and all were in favor; the motion passed.
Creation of Committee to Study Rowing and Sailing at the Hingham Harbor. A motion was made by Mr. Rabuffo and seconded by Ms. Burns to establish a Committee to Study Rowing and Sailing at Hingham Harbor, consisting of five members to be appointed by the Board of Selectmen: one from the Harbor Development Committee, one representative of Lincoln Maritime Center, one representative of the Hingham Rowing Club, and two citizens at large. The charge of this ad hoc Committee shall be to consider how community sailing and rowing programs at the harbor should develop over the next decade, including these questions: How would the town’s assets best be used for this purpose?; How can the two existing programs best support each other?; Are there other activities that should be included in this vision, such as kayaking, fishing, or the like?; How would the two existing programs like to expand over the next decade, if at all? Ideally the Committee would develop a common vision for the future, but if that doesn’t result, the Board still feels that having this conversation amongst the stakeholders will move the community forward. If possible, the Board would like to hear the results of the committee’s discussion sometime in the fall of 2012. There was no public comment. A vote was taken and all were in favor; the motion passed.
Derby Street Design – Approval of Engineer Design Services Contract – Roger Fernandes, Department of Public Works: Roger Fernandes, Projects Engineer, summarized the Board’s prior identification of the Derby Street corridor as an infrastructure priority, the submission of a project needs form, MassDOT’s acceptance, the funding and payment process, changes in this project since originally proposed, the project’s goals, the solicitation of bids, and his request for the approval of the Selectmen of a Design and Engineering Services contract for Coler and Colantonio in the amount of $207,000. Mr. Alexiades discussed the funding. Mr. Fernandes said that widening and land taking are not anticipated but some sidewalks might be moved out into the right-of-way.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to sign a Design and Engineering Services contract with Coler and Colantonio of Norwell, Massachusetts for the reconstruction of Derby Street between the South Shore Industrial Park and the Cushing Street intersection in the amount of $207,000 contingent upon available funds. A vote was taken and all were in favor; the motion passed.
George Washington Boulevard/Summer Street Transportation Corridor Study: Roger Fernandes, Projects Engineer, stated that the Selectmen endorsed the initial Project Needs Form for this project.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve and authorize the submission of the Project Need Form in conjunction with the Town of Hull to the Massachusetts Highway Department for funding for the George Washington Boulevard/Summer Street Transportation Corridor Study. A vote was taken and all were in favor; the motion passed.
Public Hearing for the Modification, Suspension, Revocation or Cancellation of the Restaurant Common Victualler All Alcoholic Beverages License Granted to Siam Enterprises, Inc. d/b/a Jack’s Café, 6 Crow Point Lane: 6:45 pm. David DeLuca, legal counsel to the Town, opened by summarizing the process used to notify the license holder of the hearing, his understanding that the allegations have not been contested, and his belief that there is sufficient evidence for the Board of Selectmen to take action. He noted that Caroline Guarino, the principal investigator from the Alcoholic Beverages Control Commission (ABCC), has been delayed or is unable to attend.
Attorney DeLuca called on Sergeant David Jones, principal investigator for the Hingham Police Department. In response to a series of questions from Attorney DeLuca, Sgt. Jones spoke as to the basis for beginning an investigation at 6 Crow Point Lane; an initial call to Ridgewood Crossing and learning that one of the identities was tied to holding a liquor license at 6 Crow Point Lane; contact with Ms. Guarino; the site visit on March 2, 2012, by Sgt. Jones, Ms. Guarino and Detective Mansfield from the Hingham Police Department; being met at the site by Wichit Anektanasap; and Mr. Anektanasap identifying himself as the owner of Jack’s Café, that he bought the business approximately 8 years ago for $80,000, he is in sole control of business including the purchase and sale of alcohol, Penny S. Siridee is the landlord and he pays her rent out of his own accounts, and she arrives once a month to collect the rent. When asked for identification, Sgt. Jones stated that Mr. Anektanasap produced a Massachusetts license to carry firearms. Sgt. Jones stated that the license was valid, it was out 11 Crooked Meadow Lane, Hingham, Mr. Anektanasap stated he lived in Quincy, and this is inconsistent with the rules regarding licensing requirements. Sgt. Jones reviewed going to the second floor of the premises, the recovery of checks from Mr. Anektanasap’s account which were made payable to him to obtain cash for the rent or payable to Ms. Collins or Ms. Siridee for rent. Sgt. Jones further reviewed seeing in plain view a gun cleaning kit, a handgun which Mr. Anektanasap told him was not a real weapon, Mr. Anektanasap pointing to a bag on ground with an improperly stored 45 caliber handgun, this being improper storage of firearms under Massachusetts law, charging Mr. Anektanasap with a violation, the charge still being a pending case, the revocation of his license to carry a firearm, and his car and drivers license also being registered to Crooked Meadow.
Mr. Rabuffo requested confirmation that the checks were for Mr. Anektanasap to make a cash payment or were directly payable to Penny Collins. Mr. Rabuffo also requested clarification of Mr. Anektanasap’s address. Ms. Burns asked who the owner of record of 6 Crow Point Lane is. Sgt. Jones responded that it is a trust connected to Penny. Chairman Riley asked what the role of a licensed manager is. Sgt. Jones stated that he understands that the licensed manager is required to play an active employment role at the establishment and that Mr. Anektanasap said he, his wife, and occasionally his son are the only ones in the business. Discussion followed regarding the fake weapon and Mr. Anektansap’s address.
Attorney DeLuca next called on Detective Robert Mansfield, Police Detective for the Town of Hingham. Det. Mansfield reviewed his job duties in terms of annual inspections of licensed premises and monthly reports of violations; his involvement on the case; his participation in the March 2nd site visit; the licensee’s history from 1995 to 2012; the use of the name Penny SJ Collins and Wanpen Collins; a name change at one point; the licensed manager’s use of various names; Mr. Anektanasap and his wife often being on the premises; his learning from Ms. Guarino that a licensed manager must be present at least 20 hours a week; his becoming aware that the Department of Revenue (DOR) notified Jack’s Café of a license suspension; the DOR’s seizure being based on tax issue; a seizure date of March 26; his site visit on March 30 and noticing beer and other alcoholic beverages on the bar and wine on the tables; his conversation with Mr. Anektanasap about ceasing the service of alcohol; Mr. Anektanasap asking if that meant tonight; and returning to the site on March 31 and seeing only soft drinks being served with the appearance of compliance. Det. Mansfield’s opinion was that Mr. Anektanasap appeared to have complete control, there was a violation of transfer of control; Ms. Siridee Collins was not present for a minimum of 20 hours per week; and there was an illegal firearm at the presmises. At Mr. Rabuffo’s request, Det. Mansfield reviewed his procedure for inspections. Det. Mansfield said there were no instances of violations since 2002. Chairman Riley inquired about TIPS training. Det. Mansfield said it is the owner’s responsibility, most managers he speaks with have had the training, and he once asked Mr. Anektanasap’s son if they had done training, and his son was unsure.
Attorney DeLuca summarized his understanding this is not a contested matter, and there was no reply to the notice by the license holder. Discussion followed regarding the process if the license is revoked. Attorney DeLuca stated that based on his information from DOR, DOR never physically seized the license, and the license holder has the legal right to appeal this Board’s decision to the ABCC. Discussion followed regarding the nature of the charge of improper storage of a firearm and the standard required to revoke a liquor license being whatever reasonable people would believe based on the testimony heard. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo that pursuant to Chapter 138 Section 64 of Massachusetts General Laws the license to serve all alcoholic beverages originally granted on November 14, 1995, to Siam Enterprises, Inc. d/b/a Bangkok & Toyko Café (also referred to as Bangkok & Tokyo Café), Wanpen S. J. Collins, Manager, and most recently renewed on December 20, 2011, in the name Siam Enterprises, Inc. d/b/a Jack’s Café, Penny S. Siridee, Manager, be revoked for violation of Sections 23 and 26 of Chapter 138 of Massachusetts General Laws and violation of 204 CMR 2.05(2) due to transfer of the privilege of the license without approval; no approved manager on the licensed premises; and permitting an illegality on the premises such as improper storage of a firearm. A vote was taken and all were in favor; the motion passed.
The meeting recessed at 6:30 pm and reconvened 6:38 pm.
Public Hearing – Grant of Location on the Petition of Aquarion Water Company to Install 900 Linear Feet of Water Main on Union Street and an Additional 20 Feet to be Installed to Connect the Main on Thistle Patch Way: 6:39 pm. Chairman Riley announced that he is recusing himself from this matter because his construction business does business for Aquarion Water Company, and he left the room. Harry Hibbard and John Walsh were present representing Aquarion Water Company. Mr. Walsh reviewed the request for approval to install 900 linear feet of 8-inch diameter cement lined ductile iron water main and associated valves and fittings on Union Street, and an additional 20 feet to connect the 8-inch diameter main on Thistle Patch Way, within the existing layout, to provide redundancy of service to residents in the area, with the new water main to connect the 8-inch diameter water main on Triphammer Road and the 20-inch diameter water main on Union Street. Mr. Rabuffo asked what has happened because the minutes of the meeting on December 13, 2011 reflect a 2013 date. Mr. Hibbard stated this is the first phase, the proposed work will allow Aquarion to continue water service in the Triphammer neighborhood in the event of another break, and the second phase will be to replace the line on Free Street. Aquarion still has not determined the cause but believes it is a pump in Wompatuck, and Aquarion wants to work with the Town in terms of its capital plan going forward. Mr. Rabuffo asked that Mr. Hibbard provide the Department of Public Works with a five year plan; Mr. Hibbard acknowledged he would do so by April 30th. Mr. Walsh reviewed his professional experience and employment history. Ms. Burns inquired about the schedule for Free Street; Mr. Hibbard said they do not have projections and ideally it will be next year sometime. Harry Sylvester, Department of Public Works, commented that he has been working with Mr. Walsh regarding placement. Brian McSweeney, Union Street, commented that he is tired of leaks and hopes that the work will be done soon. Mr. Hibbard hopes to break ground the week of April 23rd, and he explained that “redundancy” creates two possible routes.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the grant of location request of Aquarion Water Company dated March 28, 2012, to install after April 24, 2012, 900 linear feet of 8-inch diameter cement lined ductile iron water main and associated valves and fittings on Union Street, and an additional 20 feet to connect the 8-inch diameter main on Thistle Patch Way, within the existing layout, to provide redundancy of service to residents in the area, with the new water main to connect the 8-inch diameter water main on Triphammer Road and the 20-inch diameter water main on Union Street, subject to the stipulations of the Hingham Department of Public Works dated April 4, 2012.
A vote was taken and all were in favor; the motion passed.
Chairman Riley rejoined the meeting. The meeting recessed at 6:53 pm and reconvened at 6:56 pm.
Police Department Interviews: Chief Peraino reviewed staffing, department openings, and the appointment of temporary and provisional sergeants and lieutenants last June. The Board asked a series of questions to each candidate.
Lateral Transfer – Patrol:
Officer Matthew McKenna was a police officer for the Town of Hingham for 12 years from 1995 to 2007, currently he is employed as an attorney in a prosecutorial position for the State of New Mexico, he also has worked as a defense attorney, he left Hingham initially due to his family’s relocation, he has been wanting to return to Hingham, his perspective on community policy now is the same or similar as prior to his work as an attorney, he can bring back with him suggestions and new insight, his drive is to be a police officer and patrolman, and community policing involves inviting the community and helping them want to contact you.
Matthew Lucas reviewed his college and Federal Bureau of Alcohol, Tobacco, and Firearms experience, he currently is a permanent full-time patrolman in Hull, he wants to leave Hull because Hingham is a larger and more progressive department, he wants to be more involved the community, he sees himself as always moving up and at the top if the opportunity arises, all policing is community policing as any interaction impacts greatly, and he has been involved in coaching soccer and baseball and in the citizens police academy in Hull.
Ryan O’Shea said he was before the Board last June when he was promoted to a temporary full-time Sergeant, working on the midnight shift has been a great opportunity to mentor new officers, he really has enjoyed the mentoring process, the most difficult situation he faced was a swimming incident where he knew the victim and the people involved, he has been told indirectly of compliments or praise given to him as a temporary sergeant, he would like to become a better teacher and facilitator, he believes in always keeping an open mind and letting those he mentors handle a situation and discuss afterward how it could have been different, and growing up in Hingham affects only knowing someone who you might need to arrest or a victim.
Thomas Ford reviewed his many activities and involvement since last June, the multiple shifts he has worked, the most difficult situations faced being the volume of calls for service during the Irene storm and the need to avoid panic over the incident involving a suspicious letter in the pond in South Hingham, the development of new supervision skills in the last 10 months, the distinction between supervision and giving autonomy to make decisions, and the most important quality in becoming a sergeant is integrity
David Jones reviewed his accomplishments since his last interview in 2010 and plans to start a masters program in April, as a sergeant he has refined the skill of interacting with people on different levels, he is comfortable with the media and is aware of the proper channels internally, he reviewed his training to date and his goal to move up in management and be involved in as many aspects and trainings as possible, he has no discipline on his record, the most important quality for a police officer to have is communication skills, the most difficult situation he faced was dealing with a woman who set herself on fire and hearing from her mother afterward, and disciplining an officer that works with you is difficult but necessary.
Corey Farina discussed trainings and certifications since his last interview in 2000, he feels he is ready for the position both personally and professionally, he has leadership skills, he has learned he is responsible for shaping and relaying the ideals of the Chief to create an environment to flourish, he has considered seeking a masters degree, he operates under integrity, and a difficult decision going forward is disciplining people he supervises.
The Board announced it will make a decision in two weeks after reviewing the Chief’s recommendations.
Additional Votes: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to authorize the issuance of a Special (One-Day) wine and beer liquor license to St. Paul Parish for Sunday May 20, 2012, from 5:00 pm to 8:00 pm at St. Paul School Hall. 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 authorize the issuance of a Special (One-Day) beer only liquor license to Hingham Shipyard Marinas for Saturday, April 28, 2012, from 11:00 am to 5:00 pm and for Sunday, April 29, 2012, from 12:00 noon to 5:00 pm at 24 Shipyard Drive. 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 renew the annual Auctioneer's License of Scott W. McCulloch to conduct auctions at Broad Cove Ballroom, 20 Broad Cove Road for the calendar year 2012. 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 appoint Paul Healey and Jim Costello, both of the Traffic Committee, and Richard Cook, citizen at large, to the Committee to Review the Intersection of South Pleasant, Cushing and Main Streets. 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 sign an Agreement with the Hingham Land Conservation Trust for management of conservation restrictions on the following seven properties purchased with Community Preservation Act funds: Amonte Property, Cushing Property, Hastings Main Street Property, McCormack Property, Nokomis Road, and Scotland Street/Gladys Cushing Property. 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 authorize the issuance of a Special (One-Day) all alcoholic beverage liquor license to Julia Harpin for Saturday, April 28, 2012, from 3:00 pm to 11:00 pm at Old Derby Academy, 34 Main Street. 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 proclaim April 27, 2012, Arbor Day and to sign a Proclamation. 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 issuance of a Special (One-Day) wine and beer liquor license to Talk of the Town, c/o Anthony Macolini, for Saturday April 21, 2012, from 11:15 am to 3:30 pm at Glastonbury Abbey, 16 Hull Street. There was no public comment. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator’s Reports: Mr. Alexiades noted that information regarding quarterly budget meetings is in the Selectmen’s packets. Mr. Rabuffo provided an update on the Aquarion meetings. Chairman Riley announced the League of Women Voters Candidates Night is tonight, and the Annual Town Meeting is on April 23, 2012, at 7:00 pm.
Adjourn: Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to adjourn. A vote was taken; the motion passed. The meeting adjourned at 8:16 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):
Approved: May 24, 2012