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Annual Town Meeting Articles

Click on the article number to read the full text of the article.  Please note that revisions will appear in italics.

 
COMMONWEALTH OF MASSACHUSETTS

Plymouth, ss.
To the Constable of the Town of Hingham in the County of Plymouth,

Greetings:
In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of the Town of Hingham qualified to vote in Town affairs, to meet in the HIGH SCHOOL, 17 Union Street, in said Hingham, MONDAY, the TWENTY-FOURTH day of April, 2006 at SEVEN o'clock in the evening, then and there to act on the following Articles:

ARTICLE 1.  To choose all necessary Town Officers, other than those to be elected by ballot, including the following:

1.  One Trustee of the Bathing Beach to fill a vacancy in accordance with Chapter 75 of the Massachusetts Acts of 1934, and
2.  One member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund for a term of three years, or act on anything relating thereto.

COMMENT: The Hannah Lincoln Whiting Fund was established in 1915 pursuant to the will of Ada B.W. Bacon, "to lend a helping hand to those in need in the South District of the Town.."  Grants from the income of the fund are made at the discretion of a committee of three members, one of whom is elected each year by the Town.  As of December 31, 2005, the fund assets were $15,153.28, of which $153.28 was available for distribution.  The principal of $15,000 is held in trust and is not available for distribution.

RECOMMENDED:  1.  That Thomas Foley, 19 Bradley Woods Drive, be elected a Trustee of the Hingham Bathing Beach in accordance with Chapter 75 of the Massachusetts Acts of 1934; and
2.  That Paul Chaffee, 27 Westmoreland Road, be elected a member of the Committee to have charge of the income of the Hannah Lincoln Whiting Fund for a term of three years.

ARTICLE 2.  Will the Town confirm appointment of a Director for the Plymouth County Cooperative Extension Service in accordance with the provisions of the General Laws of Massachusetts, Chapter 128, Sections 41 and 42, or act on anything relating thereto?
     
RECOMMENDED: That the Town confirm the choice by the Selectmen of Marjorie Mahoney as Director to serve for one year.

ARTICLE 3.  To hear the reports of the following:  Animal Shelter Site Study Committee; Capital Outlay Committee; Central Fire Station Building Committee; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Ice Rink Development  Committee; Long Range Waste Disposal and Recycling Committee; Open Space Acquisition Committee; Public Works Building Committee; Regional Refuse Disposal Planning Committee;  Scholarship Fund Committee; School Building Committee; School Facilities Study Committee; Wastewater Master Planning Committee and the Water Supply Committee, or act on anything relating thereto.

COMMENT:  These are the existing posts, committees, councils, commissions and offices which were established by acts of Town Meeting.  The Town is indeed fortunate to have many public-spirited citizens willing to work in these capacities.  We thank them for their excellent service and recommend that all these bodies and offices be continued, except that the Ice Rink Development Committee and the School Building Committee be discharged with thanks.

RECOMMENDED:  That the reports, if any, of the Animal Shelter Site Study Committee; Capital Outlay Committee; Central Fire Station Building Committee; Commission on Disability Issues; Community Preservation Committee; Conservation Commission; Country Club Management Committee; Council on Aging; Harbor Development Committee; Hingham Historic Districts Commission; the Historian; Historical Commission; Ice Rink Development Committee; Long Range Waste Disposal and Recycling Committee; Open Space Acquisition Committee; Public Works Building Committee; Regional Refuse Disposal Planning Committee;  Scholarship Fund Committee; School Building Committee; School Facilities Study Committee; Wastewater Master Planning Committee and the Water Supply Committee be received, and that all of said Committees, Commissions, the Council and the Historian be continued, except that the Ice Rink Development Committee and the School Building Committee be discharged with thanks.

ARTICLE 4.  To hear the report of the Personnel Board appointed under the Classification and Salary Plan By-Law, or act on anything relating thereto.

COMMENT:   This article provides funds to pay for an increase in financial obligations of the Town that result from salary increases, fringe benefit improvements and job reclassifications which have been or are yet to be determined.

RECOMMENDED:  That the report of the Personnel Board, a copy of which is on file in the Town Clerk's Office, be accepted; that the amendments of the Personnel By-Law, including the Classification and Salary Plan, and any agreements reached by the Personnel Board in collective bargaining, which may be embodied or referred to in said report, be approved and adopted in their entirety, such approval and adoption to become effective July 1, 2006, or as otherwise specified in said report or agreements; that the Town raise and appropriate the sum of $20,000 for the purpose of this vote; and that the Town Accountant is hereby authorized and instructed to allocate said sum to and among the several Personal Services and Expense Accounts in such amounts, respectively, as are proper and required to meet such amendments and to comply with such collective bargaining agreements as may be entered into by the Board of Selectmen on behalf of the Town.

ARTICLE 5.  Will the Town fix the salaries of the following Town Officers, viz:
1. Selectmen
2. Treasurer/Collector
3. Assessors
4. Town Clerk
5. Municipal Light Board;
or act on anything relating thereto?
  
RECOMMENDED:   That, subject to the proviso below, the salary from July 1, 2006 through June 30, 2007 for each of the following officers shall be at the rates below stated or provided after the name of the office.
Town Clerk1  and Treasurer/Collector in accordance with the compensation rates established in Grade 15 of the Town of Hingham Classification and Compensation Plan of the Personnel By-Law.

Selectmen:   at the annual rate of $2,000.00 each, except that the Chair for the period of incumbency shall receive an annual rate of $2,500.00.

Assessors:   at the annual rate of $1,800.00 each, except that the Chair for the period of incumbency shall receive an annual rate of $2,000.00.

Municipal Light Board: at the annual rate of $214.00 each (to be paid from the receipts of the Electric Light Department).

Provided:   that the salary of each such officer except Selectman, Assessor and Municipal Light Board Member shall be reduced by all retirement allowances and pensions received by such officer from the Town of Hingham.  1   Town Clerk, when serving as a member of the Board of Registrars of Voters, shall be paid for such duties in accordance with Section 19G of Chapter 41 of the General Laws.                                                                                          

ARTICLE 6.  Will the Town raise and appropriate, or transfer from available funds, sums of money to defray the expenses of the Town for the twelve-month period beginning July 1, 2006, or act on anything relating thereto?

RECOMMENDED:  That there be raised and appropriated for each of the following purposes for the fiscal year beginning July 1, 2006, the sum of money stated therefor, provided that where a transfer appropriation is stated, the amount so indicated shall be transferred or specifically appropriated as stated; also that the authority is hereby given
to turn in vehicles and equipment in part payment for vehicles and equipment purchased in those cases where a turn in is stated. 

Please click here for Town Expenses

ARTICLE 7.  Will the Town appropriate, from the receipts of the Electric Light Department, money for the maintenance and operation of the Plant for the 12-month period commencing July 1, 2006, pursuant to Sections 57 and 57A of Chapter 164 of the General Laws, and provide for the disposition of any surplus receipts, or act on anything relating thereto?    

COMMENT:  The Hingham Municipal Lighting Plant is self-funding.  Funds collected by billing customers are used to pay all expenses incurred by the Plant.    

RECOMMENDED:  That, with the exception of $451,474 which is hereby transferred to the General Fund to reduce the tax rate, all funds received by the Municipal Lighting Plant during the fiscal year commencing July 1, 2006, be appropriated to said Municipal Lighting Plant, the same to be expended by the Manager of Municipal Lighting under the control and direction of the Municipal Light Board for the expenses of the Plant for said fiscal year, as defined in Sections 57 and 57A of Chapter 164 of the Massachusetts General Laws and, if there should be any unexpended balance thereof at the end of said fiscal year, such amount as is deemed necessary shall be transferred to the Construction Fund of said Plant and appropriated and used for such additions thereto as may be authorized by the Municipal Light Board during the next fiscal year.

ARTICLE 8.   Will the Town assume liability in the manner provided by General Laws, Chapter 91, Section 29, as amended, for all damages that may be incurred by work to be performed by the Department of Conservation and Recreation of the Commonwealth of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth, or act on anything relating thereto?

COMMENT:  The Department of Conservation and Recreation, as a matter of policy, requires the Town to assume liability if it is to do any of this type of work in the Town.  Under the statute, the agreement would refer to liability for work done by the Department of Conservation and Recreation.

RECOMMENDED:  That the Town, in accordance with, and to the extent only permitted by, General Laws, Chapter 91, Section 29, assume liability for all damages that may be incurred by work to be performed by the Department of Conservation and Recreation of the Commonwealth of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach within the Town, in accordance with Section 11 of said Chapter 91, and that the Board of Selectmen is hereby authorized to execute and deliver a bond of indemnity to the Commonwealth assuming such liability.

ARTICLE 9.  Will the Town accept the provisions of Massachusetts General Laws, Chapter 44, Section 53E 1/2, so as to establish and define the terms of a departmental revolving fund for the Building Department, or act on anything relating thereto?

COMMENT:   The purpose of this article is to match revenues from inspections with payments to the Assistant Building Inspectors for their services.  For the fiscal year ended June 30, 2005, the fund had $307,413 in revenues and $224,168 in expenditures.  For the six-month period ended December 31, 2005, the fund had $105,394 in revenues and $90,240 in expenditures.

RECOMMENDED:  That, in accordance with the provisions of Massachusetts General Laws, Chapter 44, Section 53E 1/2, which allows the Town to establish departmental revolving funds, the Town authorizes the continuation of such a fund in the Building Department.  Departmental receipts for building inspections performed by the Assistant Building Inspectors shall be credited to the fund.  Moneys shall be spent only to compensate such inspectors for their services.  No moneys shall be spent for wages or salaries of full-time municipal employees.  The Building Commissioner shall be authorized to spend moneys from the fund.  The amount that may be spent from the fund shall be limited to $250,000 during Fiscal Year 2007.

ARTICLE 10.  Will the Town raise and appropriate, or transfer from available funds, a sum of money under the Transportation Bond Bill for the cost of work under Chapter 90 of the Massachusetts General Laws for the resurfacing, maintenance, improvement, design, construction and/or reconstruction of Hingham streets and sidewalks, or act on anything relating thereto?

COMMENT:  Chapter 90 of the Massachu-setts General Laws (with the Transportation Bond Bill) requires towns to appropriate funds representing the Commonwealth's share of the cost of work performed for maintenance of Hingham streets and sidewalks.

RECOMMENDED:  That, subject to the appropriation of $407,524 by the Commonwealth of Massachusetts under the Transportation Bond Bill, the Town transfer from available funds the sum of $407,524 as the state's share of the cost of work under Chapter 90 of the Massachusetts General Laws, for the resurfacing, maintenance, improvement, design, construction and/or reconstruction of Hingham streets and sidewalks.

ARTICLE 11.  Will the Town raise and appropriate, or transfer from available funds, a sum of money for the dredging of Hingham Harbor, or act on anything relating thereto?

COMMENT: Each year Hingham boat owners are assessed marine excise taxes by the Town of Hingham.  Under Massachusetts General Laws, one-half of the collections must be used for waterways improvements.  The remaining half is general revenue to the Town.  Approximately $30,000 a year over ten years is required to fund the Town's share of the periodic dredging of Hingham's inner harbor.   The remaining dredging cost is paid by the State and Federal Governments.  The current balance in the Dredging Fund is $409,000, and based on conversations with appropriate State and Federal officials, the next scheduled dredging of the harbor is expected to occur in the Fall of 2009.

RECOMMENDED:  That the Town transfer $30,000 from the Waterways Fund to the Dredging Fund, such account to be used for the future dredging of Hingham Harbor, and the Town accept and credit said account with funds from State and Federal Governments for that purpose.

ARTICLE 12.  Will the Town raise and appropriate, or transfer from available funds, a sum of money to the Town's Reserve Fund for use during the fiscal year 2006, or act on anything relating thereto?

RECOMMENDED:  That no action be taken on this article.

ARTICLE 13.  Will the Town raise and appropriate, borrow or transfer from available funds, a sum of money for transfer into the Stabilization Fund to offset future property tax increases, or act on anything relating thereto?

COMMENT: The vote under Article 16 of the warrant for the 1994 Annual Town Meeting authorized the sale of certain municipal buildings, and directed the proceeds of any sales to be applied to reduce the cost of converting the former Central Junior High School building into the current Town Hall. The cost to convert the former Central Junior High School building into the current Town Hall was funded through a debt exclusion. Since the Town has issued long-term bonds pursuant to the authorization voted at the 1996 Annual Town Meeting, it is not practical to reduce the outstanding debt.  Consequently this article seeks to transfer the proceeds from the sale of the former Police Station into the Stabilization Fund, from which equal installments will be withdrawn to reduce the annual required debt service payments. Article 14 below seeks to make such allocation, which will have the effect of reducing the tax rate as was the intention of the vote on Article 16 at the 1994 Annual Town Meeting.

RECOMMENDED: That the Town transfer $397,143.54 from available reserves into the Stabilization Fund.

ARTICLE 14.  Will the Town transfer a sum of money from the Stabilization Fund for the purpose of reducing the tax rate, or act on anything relating thereto?

COMMENT:  Pursuant to a prior Town Meeting vote, the proceeds from the sale of the old school administration building and municipal light plant building were deposited to the Stabilization Fund for future tax reduction. It is the intention of this article to transfer $111,486 from the Stabilization Fund for the purpose of reducing the fiscal year 2007 tax rate. 

RECOMMENDED:  That the Town transfer the sum of $111,486 from the Stabilization Fund for the purpose of reducing the fiscal year 2007 tax rate

ARTICLE 15.  Will the Town vote to rescind the Town Meeting vote adopted under Article 20 and 21 of the Annual Town Meeting held on April 26, 2005 and Article 18 of the Annual Town Meeting held on April 26, 2004 - along with all remaining monies?
(Inserted at the request of Suzanne Hoffses and others)

COMMENT:  The Long Range Planning Committee for Bare Cove Park and the School Depot, appointed by the Selectmen, produced a Master Plan for Bare Cove Park and the School Depot Property in 2002 after two years of thorough study.  The Committee's objective was to make the best use of Town-owned land.  The Master Plan identified the present proposed site of the DPW complex and athletic fields. 

Currently, the DPW operates from three sites.  Consolidation to a single site will allow better management and maintenance of expensive equipment as well as improve the utilization of the DPW staff.

In each of the last four Annual Town Meetings, voters have supported the siting of the proposed DPW Complex and Athletic Fields in the School Depot Property, beginning with the formation of a Public Works Building Committee in 2002 together with an initial appropriation of $56,250 for preliminary drawings.  The 2003 Annual Town Meeting appropriated $250,000 to further develop and design the project.  Article 18 in 2004 provided the initial funding of the cold storage facility.  Article 21 in 2005 provided additional funds for the cold storage facility and the site prep-work for the entire DPW Complex.

Article 20 of the warrant for the 2005 Town Meeting recommended borrowing the sum of $1,085,312 for the construction of municipal outdoor recreational and athletic fields, including the development of land and the construction of facilities.  Article 20 received a fifty-eight percent favorable vote, but less than the two-thirds required for borrowing money.  Article 20 did not pass; therefore, rescinding Article 20 is not relevant.
The proposed article calls for the Town to abandon the $251,000 already expended as well as over five years of effective work by several committees.
Over the past two years, the DPW/Athletic Fields project has overcome challenges and continued its progress through the rigorous permitting process.  Approval has been received from the Planning Board, the Conservation Commission and a single hearing remains with the Zoning Board of Appeals.  The Massachusetts Environmental Protection Agency has ruled that there are no environmental concerns.
The need of the Town for a consolidated DPW facility continues to be clear as do the desires of the growing Town population for additional athletic fields. 
Progress of the project and Town needs have convinced the Advisory Committee that the scope and site for the DPW complex and athletic field's project are appropriate.

RECOMMENDED:  That no action be taken on this article. 

AFFIRMATIVE MOTION ENTERTAINED: Requested by Russell Reeves.

ARTICLE 16.  Will the Town raise and appropriate, borrow or transfer from available funds a sum of money to be expended under the direction of the Public Works Building Committee for architectural and engineering design development, permitting, professional fees and construction of buildings for a new consolidated Public Works facility and new athletic fields in the Bare Cove Park/School Depot property, including other costs incidental and related to carrying out this project and its finances, or act on anything relating thereto? 
 
COMMENT:  In each of the last four Town Meetings, favorable votes have been taken that support the siting of the proposed DPW Complex and Athletic Fields in the School Depot Property, beginning with the acceptance of the Master Plan for the School Depot Property in 2002, the formation of the Public Works Building Committee in 2003, the funding of the cold storage facility in 2004 and additional funds for the cold storage facility and the site prep-work for the entire DPW Complex in 2005. 

Because of the initial size and cost of this project it was expected to be developed in several phases over the course of several years.  In the course of the last two years significant progress has been made in obtaining approvals from the required state and local permitting agencies; however, to date, only architectural and engineering dollars have been spent.
Given rising construction costs, future capital needs and the growing need for the consolidated DPW facility, the Public Works Building Committee was asked by the Town to endeavor to find cost savings in current project estimates, primarily by using DPW resources to do much of the contracting work for the site preparation.  As a result of that effort which showed significant cost savings, it has been determined that it would be more cost effective to build the entire DPW Complex/Athletic Fields now.  The area where the athletic fields will be located will need to be dug up to complete the drainage requirements for the DPW complex, so it makes sense to also develop the fields at this time rather than at a future date.

Favorable action on this article will authorize the Town to appropriate the funding required to complete the project in much less time than originally anticipated while staying within the tax levy limits.  This phase of the project will include the entire DPW Complex, access road improvements, the construction of two soccer fields, one softball field, one little league baseball field, two basket ball courts, and a skateboard park.  It will also fulfill requirements put forth by state and local regulatory and permitting agencies to address environmental and neighborhood concerns that have been raised through the development of the project. 

RECOMMENDED:  That the sum of $6,787,467 is hereby appropriated for the purpose of architectural and engineering design development, professional fees and construction of buildings for a new consolidated Public Works facility and new athletic fields in the Bare Cove Park/School Depot property, and for the payment of all other costs incidental and related thereto, which amount shall be expended under the direction of the Public Works Building Committee, and that to meet this appropriation, the Treasurer, with approval of the Board of Selectmen, is hereby authorized to borrow the sum of $6,787,467 under and pursuant to Chapter 44, Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor.

ARTICLE 17.  Will the Town (1) establish a School Building Committee, and (2) raise and appropriate, borrow or transfer from available funds a sum of money to be expended under the direction of the School Building Committee for the purpose of architectural and engineering design development, including other costs incidental and related to carrying out this project and its finances, or act on anything relating thereto?
(Inserted at the request of the School Committee)

COMMENT: In 2004 the School Committee established the Ad Hoc Space Needs Study Committee to study the impact of projected enrollment growth on the Town's school facilities. The 2005 Annual Town Meeting authorized the creation of a School Facility Study Committee to continue the work of the Ad Hoc Space Needs Study Committee and develop a 10-year master plan to address the issues raised by the Ad Hoc Committee. The School Facility Study Committee issued its report in January of this year. Based on the projected enrollment growth, the desire to maintain favorable class sizes and the need to continue to make capital improvements to our existing school buildings, the Committee has recommended the following course of action: (1) Construct a new elementary school on the site of the former East School, to be completed by September, 2008; (2) Expand and renovate the existing Middle School following the completion of the new elementary school; (3) Make partial renovations to existing space at Foster and Plymouth River Schools during and after the construction of the new elementary school. The total cost of these projects is currently anticipated to be approximately $62,333,500. The School Committee is requesting $1,700,000 this year to allow a newly appointed School Building Committee to develop full architectural/ engineering design and construction drawings for the new elementary school, to develop schematic design drawings for the anticipated renovation work at Foster and Plymouth River Schools, and to further analyze the needs of the Middle School and develop schematic designs to address those needs. It is anticipated that at next year's Annual Town Meeting the School Building Committee will have final bids in hand for the new elementary school, and will have detailed recommendations and cost estimates for the subsequent work to be performed at the Middle School and at Foster and Plymouth River Schools. 

RECOMMENDED: That the Town (1) establish a 2006 School Building Committee consisting of 7 citizens of the Town, appointed as follows: two members by the Moderator, two members by the Board of Selectmen and three members by the School Committee, with the chair of said Committee to be jointly designated by the appointing authorities; (2) empower and authorize said Committee to do everything necessary and appropriate to complete design, documentation and bidding for a new elementary school, to complete schematic designs for expansion and renovation of the Middle School, and to complete schematic designs for partial renovations at Foster and Plymouth River Elementary Schools, including, but not limited to, the employment of professionals and the payment of any and all other costs incidental and related thereto, as necessary to carry out this project and its finances; and (3) appropriate the sum of $1,700,000, to be expended under the direction of the 2006 School Building Committee for the foregoing purposes; to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of $1,700,000 under and pursuant to Chapter 44, Section 7(21) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor.

ARTICLE 18.  Will the Town transfer a sum of money from the Receipts Reserved for Appropriation: Insurance recovery in Excess of $20,000 for use by the School Committee, or act on anything relating thereto?

COMMENT:  This article seeks to transfer a sum of money received in an insurance settlement for damage done to several school buildings caused by last August's "micro-burst" storm for use by the School department to repair these damages. Massachusetts General Law prohibits the expenditure of insurance recoveries in excess of $20,000 without approval of Town Meeting.

RECOMMENDED:  That the Town transfer the sum of $23,000 from the Receipts Reserved for Appropriation: Insurance recovery in Excess of $20,000 for use by the School Committee to repair school facilities.

ARTICLE 19.  Will the Town amend the surcharge on real property of 1.5% of the real estate tax levy against real property, as determined annually by the Town's Board of Assessors, authorized pursuant to the Town's acceptance on April 28, 2001 of sections 3 through 7, inclusive, of c.44B of the General Laws of Massachusetts, also known as the Community Preservation Act, by reducing the surcharge from 1.5% to .25% or act on anything relating thereto?
(Inserted at the request of Thomas F. Patch and others)
 
COMMENT: The Community Preservation Act was signed into law in September 2000 and heralded as a new tool to help communities preserve open space and historic sites, and create affordable housing and recreational facilities.  The Act allows communities to adopt a surcharge of up to 3% on the community's real estate taxes.  Matching funds are provided by the state funded by a surcharge on real estate filing fees at the registry of deeds and land court.  To date the state has matched 100% of what each community has raised through CPA surcharges, and the match is expected to remain at high levels for at least the next 2-3 years.  Last October, Hingham received $530,000 from the state, matching its CPA surcharge revenues for the prior fiscal year ended June 30, 2005.  To date, Hingham has received over $1.8 million in matching funds from the state.  The reduction in the surcharge rate proposed by this Article would reduce future matching funds by 83%.
The CPA requires that communities spend, or set aside for future spending, a minimum of 10% of annual CPA receipts on each of three areas: open space, historic preservation, and community housing. The remaining 70% of funds may be allocated to any one or a combination of the three main uses, including land for recreational purposes.  The role of the Community Preservation Committee is to prepare recommendations for Town Meeting; every project funded through Hingham's Community Preservation Fund must be approved by Town Meeting.

Hingham adopted the CPA with a 1.5% real estate surcharge at the 2001 Town Election.  The CPA has allowed Hingham and other communities to fund many worthwhile projects that  otherwise  might very  well  not have   been funded out of the town's regular operating budget - where purchasing a large tract of open space, for example, would have to compete with funds needed for the day-to-day operation of the town, including public safety, schools, health, roads and the like.  Other communities have seen the benefit of adopting the CPA, and the matching state funds.  In 2002, the first year the state provided matching funds, 34 communities received matching funds; today, 103 communities have adopted the CPA. 

This article proposing reducing the CPA surcharge from 1.5% to 0.25%.  The 0.25% would be the lowest level of surcharge of any community that has adopted the CPA.  In fact, as shown in the following table, almost 60% of the 103 communities that have adopted the CPA have adopted the CPA with a 3% real estate surcharge. 

This article would significantly reduce funds available to Hingham's Community Preservation Fund and corresponding matching funds by the state. The Advisory Committee believes that the projects funded through Hingham's Community Preservation Fund that have been undertaken in the past, and those that are proposed this year, are beneficial and important to Hingham.  Using CPA funds, Hingham has acquired open space for public use and enjoyment, particularly important in the midst of such rapid growth and development. The Community Preservation Fund is also a unique source of funding for the preservation of important historic buildings and monuments. Finally, this year the Community Preservation Committee is recommending that Town Meeting adopt two proposals to advance community housing: if passed, one project will provide the Hingham Housing Authority with a house to use for affordable rental housing; also proposed is a financial assistance program for low-income housing improvement projects.  The citizens of the town have the ultimate control over how the town spends the CPA funds because each and every project must be approved by Town Meeting before it can proceed. 

RECOMMENDED:  That no action be taken on this article.

AN AFFIRMATIVE MOTION ENTERTAINED:  Requested by Thomas Patch
 
 
ARTICLE 20.  Will the Town appropriate (i) $236,100 from the Community Preservation Community Housing Reserve for the acquisition by the Hingham Housing Authority, for community housing purposes, of the buildings on Lot 26 on Assessors' Map 190 and the minimum amount of land under and abutting said buildings necessary to conform to regulatory requirements, and authorize and direct said Housing Authority to complete such acquisition, and (ii) $236,100 from the Community Preservation Open Space Reserve for the acquisition by the Hingham Conservation Commission, for conservation purposes, of the remainder of said Lot 26 (said Lot consisting of a total of approximately 3.88 acres), and authorize and direct said Conservation Commission to complete such acquisition, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT: This property consists of a lot of approximately 3.88 acres off the southern end of Scotland Street surrounded on three sides by the Conservation Commission's existing McKenna Marsh conservation land and containing a two bedroom home. The proposal by the Community Preservation Committee presents a unique opportunity for the Housing Authority to acquire a house which can be rented for affordable housing, and for the Conservation Commission to add acreage to its existing conservation land for public use and enjoyment. This land is near wells in Hingham and Norwell. The house will be divided from the lot, along with approximately 30,000 square feet, which would leave approximately 3 acres of land for public open space. The owner of the property has agreed to grant the property to the Town for a price equal to its assessed value of $472,200.

RECOMMENDED:  That the Town appropriate (i) $236,100 from the Community Preservation Community Housing Reserve for the acquisition by the Hingham Housing Authority, for community housing purposes, of the buildings on Lot 26 on Assessors' Map 190 and the minimum amount of land under and abutting said buildings necessary to conform to regulatory requirements, and authorize and direct said Housing Authority to complete such acquisition, and (ii) $236,100 from the Community Preservation Open Space Reserve for the acquisition by the Hingham Conservation Commission, for conservation purposes, of the remainder of said Lot 26 (said Lot consisting of a total of approximately 3.88 acres), and authorize and direct said Conservation Commission to complete such acquisition.

ARTICLE 21. Will the Town appropriate $405,000 from the Community Preservation Open Space Reserve, such amount to be expended under the direction of the Community Preservation Committee, for the creation of open space through the demolition and removal of slabs, foundations, cement barriers, railroad tracks and other debris from Bare Cove Park, for landscaping, planting, purchase and installation of picnic benches, picnic tables, fencing and lighting fixtures in the Park, together with associated design fees and costs, and for consultant fees for an environmental resource inventory of and management plan for the Park, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee).

COMMENT:   The Bare Cove Park Committee is seeking $405,000 to pay for some of the costs associated with the clean up of Bare Cove Park.  The projects for which funding is requested include an improved main entry to Bare Cove Park from Fort Hill Street, the demolition and removal of hazards and eyesores -- including existing concrete foundations, superfluous roads and open manholes and wells, and the clean up around the Green Dock building.  The funds are also being sought to hire a consultant to do an environmental assessment of the Park.  This work is Phase I of the planned Bare Cove Park cleanup, and it is expected that the Bare Cove Park Committee will seek an estimated $150,000 to $200,000 in additional funds next year from the Community Preservation Committee. 
The Bare Cove Park is part of an area of critical environmental concern ("ACEC") and this project will help eliminate many of the remnants from its years of use as an ammunition depot.

RECOMMENDED: That the Town appropriate $405,000 from the Community Preservation Open Space Reserve, such amount to be expended under the direction of the Community Preservation Committee, for the creation of open space through the demolition and removal of slabs, foundations, cement barriers, railroad tracks and other debris from Bare Cove Park, for landscaping, planting, purchase and installation of picnic benches, picnic tables, fencing and lighting fixtures in the Park, together with associated design fees and costs, and for consultant fees for an environmental resource inventory of and management plan for the Park.

ARTICLE 22.  Will the Town appropriate $60,000 from the Community Preservation Open Space Reserve, for a survey and master plan for a harbor way, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT:  At the Annual Town Meeting in 2003, the appropriation of $393,000 was approved for the creation of a park on Whitney Wharf, including a pedestrian bridge to the Town Pier, subject to approval by the Community Preservation Committee of final plans and specifications for bid estimates.  The park at Whitney Wharf was completed in December, 2004.  The pedestrian bridge portion of the plan was subsequently tabled  after encountering certain obstacles.  The Harbor Development Committee proposes to commission a survey of the harbor front to develop a master plan for the development of Town open space and public access to the waterfront.  They seek $60,000 to fund this study and master plan, which may include a proposal for a bridge or alternative pedestrian walkway.  The $143,000 of unspent funds for a bridge would be reserved for future use in implementing the master plan.  This overall plan would establish guidance for any future development by the Town, developers, businesses or other owners of harbor front property, and improved public access would help to tie the waterfront more closely with the business district, which is undergoing improvements pursuant to the Downtown Hingham Rehabilitation Plan.

RECOMMENDED:  That the Town appropriate $60,000 such amount to be expended under the direction of the Community Preservation Committee, for a survey and master plan for a harbor way and to meet such appropriation transfer from said sum from the previous appropriation to construct a bridge from Whitney Wharf.

ARTICLE 23.  Will the Town appropriate $34,000 from the Community Preservation Open Space Reserve, such amount to be expended under the direction of the Community Preservation Committee, for restoration of Cushing Pond through chemical weed control or other means, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee).

COMMENT:  The Cushing Pond Preserva-tion Group, Inc. is seeking up to $34,000 to fund the costs of restoring Cushing Pond.  The funds will be used to treat the Pond with federal and state approved chemicals (Sonar Herbicide) to remove invasive plant species.  The amount requested will fund the initial application, plus three booster applications.  There is a possibility that all three booster applications will not be needed, and if not, any unspent funds will be available for appropriation for other CPC projects at a future town meeting.  These invasive plants now cover the surface during almost half the year, interfering with fishing, boating and ice skating.  Without these treatments the Pond will become a swamp that no longer supports fish, wildlife, and waterfowl, and will ultimately disappear.

This treatment has been used in many locations in Massachusetts with good results, including Jacob's Pond in Norwell.  This project has the support of Hingham's Conservation Officer, the Conservation Commission, Hingham Land Conservation Trust (HLCT) and many residents.  One-third of the Pond is bordered by Town- owned land, and another third is under a Town- accepted conservation easement to HLCT from Mary Niles.  This treatment is expected to last 3-5 years, but future treatments are not expected to be as intensive.  The Cushing Pond Preservation Group is raising funds from private donors to fund future maintenance treatments of the Pond.

There is public access to the Pond across Cushing Street, and the Pond has been used for fishing, boating and ice-skating by Hingham residents.  In addition to its value for recreation, the Pond is also important as a wildlife habitat for waterfowl and a refuge for migratory birds.  The Pond has historical significance, as well, having been created in 1683 by the Cushing family to bring industry and employment to Hingham.  It was first the home of the Hingham Bucket Company, and later the Tower Toy Company. 

No money will be expended until the Cushing Pond Preservation Group secures approval from the Conservation Commission and the State's Department of Environmental Protection.

RECOMMENDED:  That the Town appropriate $34,000 from the Community Preservation Open Space Reserve, such amount to be expended under the direction of the Community Preservation Committee, for restoration of Cushing Pond through chemical weed control or other means.

ARTICLE 24.  Will the Town (a) appropriate $120,000 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, for (i) the restoration of the fence around the perimeter of Hingham Center Cemetery along Short and School Streets, (ii) an assessment of the condition of the gravestones and monuments in such Cemetery, and (iii) the restoration of approximately 30 of such gravestones and monuments, and (b) authorize the Board of Selectmen to acquire an historic preservation easement with respect to such Cemetery on such terms as such Board deems advisable, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee)

COMMENT:  The Hingham Historical Commission, is seeking a total of $120,000 for the assessment and repair of a historically significant and previously undocumented cemetery, the Hingham Center Cemetery.  The original cast iron fence was taken down for use in the war effort, and many of the early markers are deteriorating with age, affecting the stones' artistry and legibility, and creating the potential for loss of historical information. In order to improve the streetscape and preserve the historical integrity of this important resource, the Hingham Historical Commission proposes to allocate approximately $92,000 for restoration of the cast iron fence, approximately $8,000 for assessment of the gravestones, and approximately $20,000 for the restoration and repair of 10% of the gravestones considered most in need.

RECOMMENDED:  That the Town (a) appropriate $120,000 from the Community Preservation Historic Preservation Reserve such amount to be expended under the direction of the Community Preservation Committee for (i) the restoration of the fence around the perimeter of the Hingham Center Cemetery along Short and School Streets, (ii) an assessment of the condition of the gravestones and monuments in such Cemetery, and (iii) the restoration of approximately 30 of such gravestones and monuments, and (b) authorize the Board of Selectmen to acquire an historic preservation easement with respect to such Cemetery on such terms as such Board deems advisable.

ARTICLE 25.  Will the Town appropriate not more than $250,000 from the Community Preservation Community Housing Reserve for loans of up to $50,000 per household to Hingham homeowners meeting income eligibility requirements established by the Housing Authority and approved by the Community Preservation Committee for use by such homeowners for restoration and repair of their homes (including the purchase and installation of handicap accessibility features), such loans to be repaid and returned to the Community Housing Reserve upon the homeowner's sale of the home, and to bear interest payable with such principal repayment at a rate, and to be on such other terms and conditions (including mortgage security), established by the Housing Authority and approved by the Community Preservation Committee, and for legal fees and expenses associated with such loans, or act on anything related thereto?
(Inserted at the request of the Community Preservation Committee).

COMMENT: The Community Preservation Act requires that 10% of Community Preservation Funds be allocated to community housing projects. To date, only small amounts of funds have been appropriated for community housing and the Community Housing Reserve projected to June 2006 has, accordingly, grown to approximately $424,000.  The Community Preservation Committee proposes a pilot program to assist low-income residents with the basic repair and restoration requirements of their homes. Proceeds of loans not to exceed $30,000 ($50,000 for historic properties) per household would be used for necessary projects, including wheelchair accessibility ramps, roof repairs, other structural repairs, window replacements and heating upgrades. Loans would be secured by a mortgage, would accrue interest and be repayable to the Community Preservation Fund Community Housing Reserve set-aside upon sale of the home, and on such other terms and conditions (including security) as determined by the Community Preservation Committee and approved by the Board of Selectmen.

RECOMMENDED:  That the Town appropriate $175,000 from the Community Preservation Community Housing Reserve for loans of up to $30,000 ($50,000 for historic properties) per household made in accordance with procedures approved by the Community Preservation Committee and the Board of Selectmen to Hingham home-owners meeting income eligibility require-ments established by the Housing Authority and approved by the Community Preserva-tion Committee for use by such homeowners for restoration and repair of their homes (including the purchase and installation of handicap accessibility features), such loans to be repaid and returned to the Community Housing Reserve upon the homeowner's sale of the home, and to bear interest payable with such principal repayment at a rate, and to be on such other terms and conditions (including mortgage security), established by the Community Preservation Committee and approved by the Board of Selectmen, and for legal and administrative fees and expenses associated with such loans.

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