Back to Board of Selectmen Meeting Minutes
Board of Selectmen
May 24, 2012
7:04 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: Chairman Laura M. Burns, Bruce Rabuffo, and Irma H. Lauter; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator
With a quorum present, Chairman Burns called the meeting to order and reviewed the order of the agenda.
Questions from the Public Regarding Items Not on the Agenda: John Hersey asked Mr. Rabuffo if he is the liaison for downtown associations; Mr. Rabuffo responded that there is no one specific and that he is the liaison to the Development and Industrial Committee. Mr. Hersey presented photographs of the downtown kiosk which has three sides, stating that the Historical Commission paid $2,600 of taxpayers’ money for one side of the kiosk and got nothing. Mr. Hersey said he previously asked Randy Sylvester about Mr. Sylvester taking responsibility for the kiosk, claiming that Mr. Sylvester said no but that he has taken responsibility and there is a conflict and a fraud. Discussion followed. Mr. Rabuffo summarized the history of the project, noting that the kiosk was an Eagle Scout project. The Board asked Mr. Hersey what the intent was for the missing third side of the kiosk; Mr. Hersey replied for a map. Chairman Burns said the Board will ask the Town Administrator to investigate this and someone from the Selectmen’s Office will call Mr. Hersey with a response.
Robert Keyes asked about appointments to the Community Preservation Committee (“CPC”). He said he was told that it is required by law to have a representative from the Recreation Commission on the CPC, he was told in March that he would be appointed to the CPC, he also was told that the Selectmen would not appoint him, and his written request to the Selectmen’s Office for specific information regarding this matter remains unanswered. Ms. Foley provided Mr. Keyes with a copy of the response from the Selectmen’s Office which just was mailed to him.
Public Hearing – Grants of Location on the Petitions of Nationalgrid to Install and Maintain Gas Mains as follows:
Daley Road/Hayes Road: Dennis Regan, Permit Representative, was present on behalf of Nationalgrid. Mr. Regan requested consent to install and maintain approximately 470 feet in Daley Road from the existing main at Marsh Street to the existing main at Downer Avenue, and 360 feet in Hayes Road from Daley Road to House #15, as more fully described in the Petition of Nationalgrid for Gas Main Locations dated April 26, 2012. Mr. Rabuffo inquired about the leak history and what will happen to the road. Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works (DPW), reviewed the age of the existing pipe, the leak history and the construction schedule. There was no public comment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to approve the request from Nationalgrid for a grant of location to install and maintain approximately470 feet, more or less of 2 inch gas main in Daley Road from the existing 2 inch gas main at Marsh Street southerly to the existing 2 inch gas main at Downer Avenue, and approximately 360 feet more or less of 2 inch gas main in Hayes Road from the proposed 2 inch gas main in Daley Road westerly to the end of the gas main at House #15, all of which is to replace the existing 2 inch gas mains in Daley Road and Hayes Road. This approval is subject to the stipulations of the Department of Public Works, including letter dated May 1, 2012. A vote was taken and all were in favor; the motion passed.
House #21 Bradley Park Drive: Dennis Regan, Permit Representative, was present on behalf of Nationalgrid. Mr. Regan requested consent to install and maintain approximately 231 feet of gas main in Bradley Park Drive from the existing main at House #19 to House #21 for a new gas service. David Chase stated that he his behind the petition, which is for a new house, and he thanked the Selectmen.
Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to approve the request from Nationalgrid for a grant of location to install and maintain approximately 231 feet, more or less of 2 inch gas main in Bradley Park Drive, from the existing 2 inch gas main at House #19 westerly to House #21 for a new gas service.. This approval is subject to the stipulations of the Department of Public Works, including letter dated May 1, 2012. A vote was taken and all were in favor; the motion passed.
Approval of Meeting Minutes from April 12, 19 and 30, and May 3, 2012: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to approve the open session meeting minutes of April 12, 19, and 30, and May 3, 2012. A vote was taken and all were in favor; the motion passed.
Public Hearing – Grant of Location on the Petition of Aquarion Water Company to Install 500 feet of water main on Fairview Street from Main Street to Colby Street, and 300 feet of water main along Leonard Street: John Walsh, Director of Supply Operations, and Harry Hibbard, Vice President, were present representing Aquarion Water Company. Mr. Walsh reviewed the request for the installation of water main on Fairview Street and on Leonard Street, noting that water mains exist in both roadways, they were installed in the late 1920s and are small, Aquarion is doing the work in concert with the Town’s paving program, and they would like to start the work within the next week and a half. Ms. Lauter asked how much additional lineal feet of pipe like this there is in Hingham; Mr. Walsh did not know. Mr. Hibbard noted that as part of the study, Aquarion will be providing extensive information. Mr. Walsh reviewed the scope of the work. There was no public comment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to approve the request from Aquarion Water Company for a grant of location to install 500 linear feet of 6-inch diameter ductile iron water main on Fairview Street from Main Street to Colby Street, and approximately 300 linear feet of 2-inch polyethylene water main along Leonard Street with associated service connections, fittings, and other appurtenances. This approval is subject to the stipulations of the Department of Public Works, including letter dated May 9, 2012, regarding Leonard Street (also referred to as Leonard Road) and letter dated May 9, 2012, regarding Fairview Street. A vote was taken and all were in favor; the motion passed.
Pavement Marking Contract – Department of Public Works: Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works (DPW), stated that this is a bid derived from the consortium in which the DPW participates for labor and materials, most of the work will be done at night, and the anticipated start date is next week. Discussion followed regarding Main Street and the red, white and blue centerline. Mr. Sylvester stated that the cost of painting twice will be absorbed by the utility companies. There was no public comment.
Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to sign the Contractual Agreement for Public Works Services between the Town of Hingham and Hi-Way Safety Systems, Inc. for pavement markings. A vote was taken and all were in favor; the motion passed.
Acceptance of Grant of Easement from Hingham Terry Drive LLC – Beal Street and Sgt. William B. Terry Drive: Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works, reviewed the history of the Beal Street drainage. He stated that this new owner of the facility had to relocate the drainage, this easement incorporates their drainage, and there a lot of planning and research was involved. He confirmed for Chairman Burns that the entity is granting the easement to the Town and for Ms. Lauter that the drainage will not affect anyone else in the area.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter that the Board of Selectmen, acting pursuant to the authority granted to it under Article 8 of the 2012 Annual Town Meeting, accept the rights and easements granted to the Town of Hingham by Hingham Terry Drive LLC over its land at 1 Sgt. William B. Terry Drive in an instrument entitled “Hingham Municipal Drainage System Grant of Easement,” executed by the grantor on May 21, 2012, subject to the covenants and conditions set forth in said instrument; and that the Board authorize the Chair of the Board to execute such instrument on behalf of the Town. A vote was taken and all were in favor; the motion passed.
Beal Street Fields Lease Renewal: Mr. Alexiades recommended approval of the lease renewal, stating that he has met with Tom Hoffman and Mike Barclay to discuss the Lease Renewal and Amendment, one modification that needs amendment relates to the roof issue, under the current terms of the lease the Town is responsible, counsel has suggested including a sharing of the responsibility, and having issue with the five year old building during the five year renewal term is unlikely. Mr. Hoffman agreed that the Town should remain 100 percent responsible, noting that the field house was done through a pledge agreement with the Town, property was gifted back to the Town, the Town owns the structure and fields, and it cost Hingham Youth Football and Hingham Little League $40,000 to operate last year. Mr. Hoffman also discussed the history of the lease over the last five years, Town ownership of the structure and the fields, the drainage issues, the huge increase in usage, Jay McGrail’s recommendation to replace the drainage and put in artificial turf, elementary school gym class schedules, the problems with management and forethought to athletic facilities in town, and the need for a lot more volunteer hours. Mr. Barclay noted that is another example of help from private partnership. The Board thanked both groups. The consensus of the Board was to modify the agreement as presented by deleting the following sentence in Paragraph 2: “If repairs are required to the roof or structure of the Leased Premises, the LESSEE shall be responsible for such repairs and the LESSOR shall reimburse the LESSEE for fifty percent (50%) of the reasonable cost of such repairs, subject to the following conditions.” There was no public comment.
Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to sign the Lease Renewal Agreement and Amendment as amended by consensus for the Beal Street fields with Hingham Youth Football and Hingham Little League Inc. A vote was taken and all were in favor; the motion passed.
Ms. Lauter offered to work with Mr. Alexiades, Mr. Hoffman and Mr. Barclay on a process for renting the fields. She also stated that Mr. Alexiades assured her that when the planned transfer of the fields goes to the Rec Commission, this agreement will survive. Mr. Alexiades said he spoke with counsel and if the Board goes to Town Meeting pursuant to the Fields Management Agreement and transfers control of the fields, this lease will survive the transfer. Chairman Burns asked if there is some unclarity right now. Mr. Hoffman said currently if a user wants to use the fields during baseball they call the baseball president, if it is during football they call the football president, and one issue that has come up is a local resident running a summer camp and circumventing the Rec Department. John Hersey asked how much the Town gets for rent for this parcel and who mows it; Ms. Lauter noted the groups pay $40,000 to $50,000 a year to run it, and Chairman Burns noted the lease amount of $1.00. Mr. Hoffman replied that the Town of Hingham mows the field. Mr. Hersey stated they are not paying for everything if they are not mowing the grass and he doesn’t think it is a bargain. Discussion followed regarding the sheds, unremedied drainage problems and maintenance costs. Mr. Hoffman offered to provide Mr. Hersey with a spreadsheet of the costs, and stated that a turf field is just a suggestion. Frank Jones, Wompatuck Road and Chair of the Hingham Rec Commission, said this discussion started four or five years ago, for the most part management is turned over to Rec, these groups do a great job, Rec pays for the cutting of our grass, next year if these fields are turned over Rec will not throw these people off the fields, as for sheds being gifted to town he didn’t know they were gifted, and he does have concerns about the lease as town assets should be run by a town organization.
Wednesday Hingham Square Farmers Market: Nanette Walsh, Rice Road and the Wednesday Square Market manager, and Mark Cullings, President of the Hingham Farmers Market, were present. Ms. Walsh requested permission to run the Wednesday Square Market again this year beginning June 13 through October 17 from 11:00 am to 3:00 pm. She has five plus vendors already committed and there will be entertainment. Mr. Cullings said Ms. Walsh has run the Wednesday market the last couple of years and people look forward to it. Ms. Walsh confirmed it will be the same setup as last year and that the individual vendors as well the Farmers Market do the cleanup.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to grant permission to the Hingham Farmers Market to operate the Wednesday Square Market farmers markets during the 2012 calendar year from 11 am to 3 pm in the brick plaza by the own clock near the corner of Main and North Streets. A vote was taken and all were in favor; the motion passed.
Middle School Building Committee Update and Bid Results: Ray Estes, Chair of the School Building Committee summarized that sub-trade bids were opened in April and general contractor bids on May 10, seven general contractors prequalified and five bid on the project, a neighbor and abutters meeting is scheduled for May 30, the property is expected to be turned over to the contractor on June 18, the groundbreaking ceremony will be June 22, the building permit has been applied for, the project was awarded to Brait Builders of Marshfield who was the apparent low bidder and confirmed as such, the number for Town Meeting in October and to the MSBA was $60,910,920 for construction and soft costs, the bid for construction was $48,705,000, and with costs the total is $58,683,481 or a difference of $2.2 million under budget. Mr. Estes discussed the spread on the five bids received, Brait’s experience and current projects, the trigger of a corresponding reduction in the MSBA grant and the savings to the Commonwealth, the reduction in Hingham’s cost, this not being an assurance that the final cost will be the bid price, the status of the contract, the requirement of execution by the town accountant as to ability to pay and a certification as to form by town counsel, the school schedule and utility work this summer, anticipation of substantial completion in mid-May 2014, opening in September 2014, completion of the bus loop around Thanksgiving, and site completion in June 2015. Mr. Rabuffo expressed his appreciation for Mr. Estes’ efforts. In response to Ms. Lauter’s questions, Mr. Estes confirmed that the numbers he gave includes demolition of the existing structures, disposal of the C&D, the construction of new fields, and the tennis courts. Ms. Lauter inquired about field use in the interim. Mr. Estes reviewed the Committee’s notification to community groups and doesn’t believe there should be costs involved. Chairman Burns clarified the savings to the town and the state. Mr. Estes estimated over a million dollars of savings to the town. There was no public comment. No action was taken.
Discussion of Process for Board of Selectmen Goal and Objectives Setting: Chairman Burns opened the discussion, summarized past practices, and recommended that each Selectman bring his or her top priorities and narrow the list to five. Mr. Rabuffo agreed and suggested adding some measure of results and associated criteria. Ms. Lauter agreed with having a small number, adding that the items all should mean something to taxpayers and citizens. The consensus was to start discussion at the June 7th meeting, with each Selectman to bring his or her five goals/objectives to that meeting. No action was taken.
Margetts Field 2 Proclamation: Ms. Burns noted that this item relates to the new Ward Street field and that the field was built from donations to the Town, largely from two families. Mr. Rabuffo commented that the size of the families’ commitment was well over $600,000, they asked for nothing in return, and they also paid for a drainage solution. Ms. Lauter commented that this is a very generous civic commitment. Mr. Rabuffo read the proclamation aloud.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to sign a Proclamation of gratitude and appreciation to the Hale and Hlidek families with respect to Margetts Field 2. A vote was taken and all were in favor; the motion passed.
Aquarion Water Acquisition Study Committee Appointment: Chairman Burns announced that there is one remaining appointment to make.
Voted – A motion was made by Mr. Rabuffo and seconded by Chairman Burns to appoint Jonathan Asher to the Aquarion Water Acquisition Study Committee. Ms. Lauter announced that she is abstaining from this vote, Mr. Asher is a friend and she has informed him of this. Mr. Asher’s appointment was made several months ago, she was not part of the group that did the interviews and she was made aware of other people being interested in the position. Mr. Rabuffo commented that the discussion was to keep the Committee small, others have contacted him to offer to serve, hopefully the Committee will rely on all of those who are interested, this has to be done before the end of the year, and one month already has been lost. Chairman Burns said she too has received calls and e-mails of interest, four appointments to the Committee were made earlier, and the position was offered to Mr. Asher who accepted but was the Chair of the Advisory Committee at the time. A vote was taken with Chairman Burns and Mr. Rabuffo in favor and Ms. Lauter abstaining; the motion passed.
Amend Selectmen’s Policy Regarding Use of Town Counsel: Chairman Burns reviewed the current policy and suggested changing the proposed amendment amount from $10,000 to $5,000. Ms. Lauter and Mr. Rabuffo spoke in favor of the amendment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to amend the Selectmen’s policy on use of Town Counsel by adding the following: “The Town Administrator is authorized to approve use of Counsel on matters estimated not to exceed $5,000.” A vote was taken and all were in favor; the motion passed.
Request for Assistance of Legal Counsel – Hingham Planning Board/Baker Hill: Mr. Alexiades noted that Baker Hill went through foreclosure, there were complications, we would like to have counsel present to protect the interests of the Town, and we have a bond on the project.
Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to approve the Request for Assistance of Legal Counsel dated May 10, 2012, from Katy Lacy on behalf of the Hingham Planning Board relative to Baker Hill. A vote was taken and all were in favor; the motion passed.
Request for Assistance of Legal Counsel – Hingham Board of Health/Lot 1 Pinecrest Road: Mr. Alexiades explained that the Board of Health would like assistance to review a Financial Mechanism Agreement developed by Jeffrey Tocchio for his client with regard to Lot 1 Pinecrest Road. The cost will be reimbursed. Ms. Foley received an estimate of about two hours. Mr. Alexiades clarified that the policy of requesting Selectmen approval relates to requests by boards and committees.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to approve the Request for Assistance of Legal Counsel dated May 21, 2012, from the Hingham Board of Health relative to Lot 1 Pinecrest Road. A vote was taken and all were in favor; the motion passed.
Special One-Day Beer & Wine License – HHS 50th Reunion at Hingham Public Library on June 23 from 5-10pm: Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to approve the issuance of a Special (One-Day) Wine and Malt Beverages License to Jamie’s of Cohasset, doing business as A Tasteful Event Catering, c/o Ralph Constantine, for the 50th Hingham High School Class Reunion on Saturday, June 23, 2012, from 5pm to 10pm at Hingham Public Library. A vote was taken and all were in favor; the motion passed.
Special One-Day Beer & Wine License – Oktoberfest at House of Prayer Lutheran Church on September 29 from 11am-6pm and September 30 from noon-5pm: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to approve the issuance of a Special (One-Day) Wine and Malt Beverages Liquor License to House of Prayer Lutheran Church, c/o Robert Lacy for Oktoberfest on Saturday, September 29, 2012, from 11 am to 6 pm and Sunday, September 30, 2012, from noon to 5pm at House of Prayer Lutheran Church. A vote was taken and all were in favor; the motion passed.
Special One-Day All-Alcohol Liquor License – The Company Theatre at Hidden Pond at Derby Street Shoppes on June 10 from 5-11pm: Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to approve the issuance of a Special (One-Day) All Alcoholic Beverages Liquor License to The Company Theatre, c/o Anita Comerford for a fundraiser to benefit The Company Theatre on Sunday, June 10, 2012, from 4 pm to 11 pm at the Hidden Pond at Derby Street Shoppes. A vote was taken and all were in favor; the motion passed.
Special One-Day Beer & Wine License – Evenings Under the Starts at South Shore Conservatory of Music on July 6, 7, 13, 14, 21, 27, 28 and August 3 from 5pm-9pm: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to approve the issuance of a Special (One-Day) Wine and Malt Beverages Liquor License to the South Shore Conservatory of Music, c/o William Arvanites for “Evenings Under the Stars” at the South Shore Conservatory of Music from 5 pm to 9 pm on each of the following days: July 6, 7, 13, 14, 21, 27, 28, and August 3, 2012. A vote was taken and all were in favor; the motion passed.
Proclamation for Father Rafferty: Mr. Rabuffo read aloud a proclamation honoring Father James Rafferty on his retirement from St. Paul Parish.
Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to sign a proclamation for Father Rafferty. A vote was taken and all were in favor; the motion passed.
Assistant Harbormaster Appointments: Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to appoint the following Assistant Harbormasters for the ensuing year:
Joseph Driscoll
Neal Nelson
Gillian Mansfield
Michael McCue
Daniel Sousa
Michael Riley
Michael Murray
A vote was taken and all were in favor; the motion passed.
Attorney Engagement Letter: Chairman Burns announced that the Town’s current special counsel for the Aquarion water issues has changed firms and is now with Morrissey, Wilson & Zafiropoulos, LLP, and a engagement letter needs to be sign with the new firm.
Voted – A motion was made by Ms. Lauter and seconded by Mr. Rabuffo to sign an engagement letter with the legal firm of Morrisey, Wilson & Zafiropoulous, LLP. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator’s Report: Mr. Rabuffo reported on meeting Congressman Stephen Lynch at the Taste of Hingham and inviting him to Hingham’s 4th of July parade. Ms. Lauter reported on the Hingham Public Library’s upcoming book sale. Mr. Alexiades reported on his election to the steering committee of the Mass Municipal Healthcare Group for the ensuing year; and that after going through the RFP process for a new actuary and for OPEB actuarial services, the Hingham Retirement Board has selected KMS Actuarial Service out of the New Hampshire. He reviewed the credentials of the firm’s principal. Mr. Alexiades also provided a report on the new utility pole management software system that is installed in Hingham.
Adjourn: Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Lauter to adjourn. A vote was taken and all were in favor; the motion passed. The meeting adjourned at 8:57 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: June 21, 2012