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Departments: Town Clerk
Annual Town Meeting Articles Articles:
ARTICLE 26. Will the Town appropriate a sum of money from the Community Preservation Open Space Reserve, for the acquisition of Lot 10, Assessors' Map 137, and authorize and direct the Conservation Commission to complete the acquisition of such property, which shall be held by such Commission for conservation purposes, or act on anything related thereto? COMMENT: One of the unique, emblematic features of the Hingham landscape is Glad Tidings Plain with its historic houses lined up along the Main Street esplanade and the open, undeveloped fields and backlands behind them. This is the viewscape that makes Hingham's Main Street "the most beautiful main street in America," as Eleanor Roosevelt is reported to have described it. The Town's acquisition of this land behind 730 Main Street has inspired several of the neighbors to agree to contribute to the Hingham Land Conservation Trust permanent conservation restrictions on or the fee interests in approximately 10 acres of similar backlands in the surrounding area, multiplying the conservation impact of the Town's investment and forever preserving a significant portion of the Glad Tidings Plain viewscape. RECOMMENDED: That the Town appropriate $500,000 from the Community Preservation Open Space Reserve for (i) the purchase by the Hingham Conservation Commission, for conservation purposes, of fee interests in or permanent conservation restrictions on approximately 120,000 square feet of Lot 10 on Assessors' Map 137, behind 730 Main Street, such purchase to be in conjunction with the donation to the Hingham Land Conservation Trust of permanent conservation restrictions on terms satisfactory to such Trust and the Community Preservation Committee (the "CPC") on, or of fee interests in, other open space in the general area of 730 Main Street satisfactory to said Trust and the CPC, and (ii) for legal and other expenses of such purchase and donation. ARTICLE 27. Will the Town appropriate $20,000 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, for professional fees and costs for the production of fully engineered construction documents for the repair, rehabilitation and improvement of the portion of North Street from its intersection with South Street to Route 3A, as provided in the Downtown Hingham Rehabilitation Plan adopted by the Selectmen, or act on anything related thereto? COMMENT: The proponents, the Hingham Development and Industrial Commission, ("HDIC"), are seeking $20,000 from the Community Preservation Fund to hire an engineer and landscape architect to produce fully engineered construction documents for the remaining portion of Phase 1A of the Downtown Hingham Rehabilitation Plan (the "Downtown Plan"). In 2004, the HDIC received a grant from the Community Preservation Committee to prepare the Downtown Plan. This project was to prepare for the construction of the Greenbush Line and related disruption by providing a guide for treatment, whether through repair, rehabilitation or improvement, of the downtown streetscape. The Downtown Plan (including detailed cost estimates), under the guidance of the HDIC, and using the services of the consulting firm, Cecil Group, was adopted by the Selectmen in June, 2005. The Town is just starting to implement the first stages of the Downtown Plan. By providing the construction specifications for the next phase of this project, the overall project would be able to move that much further ahead toward a complete implementation. Once the engineer-ing plans are complete for this remaining portion of Phase IA of the Downtown Plan, they will be reviewed by the Historic Districts Commission, Hingham Downtown Association, Police, Fire, DPW, and the Selectmen. RECOMMENDED: That the Town appropriate $20,000 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, for professional fees and costs for the production of fully engineered construction documents for the repair, rehabilitation and improvement of the portion of North Street from its intersection with South Street to Route 3A, as provided in the Downtown Hingham Rehabilitation Plan, adopted by the Selectmen. ARTICLE 28. Will the Town (a) appropriate $14,000 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, to complete the restoration of GAR Hall, and (b) authorize the Board of Selectmen to acquire a historic preservation easement with respect to GAR Hall on such terms as such Board deems advisable, or act on anything related thereto? COMMENT: The Grand Army of the Republic (GAR) Memorial Hall was built in 1888 and was deeded to the Town in 1944 by the descendants of the Civil War Veterans. It has been used for a variety of town activities over the years, with the primary use being for various Town Veterans Groups. Both town and CPC funds have been used over the past few years to restore the GAR Hall. A portion of the requested funds will be used to restore the original stage floor, and the remainder of the funds will be used to remove asbestos tile to rehabilitate the main floor of the building. The downstairs of the GAR Hall is currently open and in use for meetings; the upstairs is expected to be completed and available for use after the completion of the work to be funded by this CPC grant. RECOMMENDED: That the Town (a) appropriate $14,000 from the Community Preservation Historic Resources Reserve, such amount to be expended under the direction of the Community Preservation Committee, to complete the restoration of GAR Hall. ARTICLE 29. Will the Town vote to have its elected Treasurer/Collector become an appointed Treasurer/Collector of the Town? COMMENT: This article seeks to change the position of Treasurer/Collector ("Treasurer") from elected to appointed. The Advisory Committee recommends in favor of this change. The Town Treasurer works with other Town officials to manage the Town's finances. The Treasurer's office issues tax bills, including real estate and personal property tax bills, and processes the collection of the bills. The Treasurer also issues municipal lien certificates and handles tax titles for the Town. The office has primary responsibility for the timely and prudent investment of all municipal funds received and issues short- and long-term debt to pay for municipal projects. In the majority of Massachusetts towns comparable to Hingham in size and budget, the Treasurer is appointed by the Selectmen or Town Manager. In those towns, the appointing authority is free to set specific criteria for the position and select from a wide pool of potential candidates. In Hingham, where the office is elected, there are no particular requirements for education, training or experience. In addition, only Hingham residents are eligible to run for the office, thereby reducing the pool of potential office-holders. A change to an appointed Treasurer will make it more likely that future Treasurers have the training and experience in municipal finances necessary to professionally carry out the responsibilities of the office. As an independent elected official, the Treasurer is not directly accountable to the Board of Selectmen or any other board or official within the Town government. Our current Treasurer has continued the tradition in Hingham of working cooperatively with the Selectmen and the Town Accountant on the Town's financial matters. This system has worked well for the Town through the years. A change from an elected Treasurer to a Treasurer appointed by the Selectmen will formalize this arrangement, by making the Treasurer reportable to the Selectmen through the Town Administrator. The term of the Town's current Treasurer, Jean Montgomery, will expire in May 2007. Ms. Montgomery was appointed by the Selectmen in 2005 to complete the term of the incumbent who retired from office. Ms. Montgomery has chosen to remain neutral on this warrant article; whether the position becomes appointed or remains elected, she will likely be a candidate for the job. If Town Meeting votes to approve this change, the measure will also need to pass at the next Town election to be effective. RECOMMENDED: Since the Question was defeated at the Annual Town Election No Action is recommended. ARTICLE 30. Will the Town (1) authorize the Board of Selectmen to sell, lease or otherwise transfer that parcel of land which was formerly shown as Key 144 on Assessors' Map 60 and is now included in Key 143 on Assessors' Map 60 for purpose of redevelopment of a barn; and (2) amend the Zoning By-law of the Town of Hingham, adopted March 10,1941 as heretofore amended, and the Zoning Map of the Town of Hingham thereunder, by removing from Official and Open Space District and including in Residence District A the land which was formerly shown as Key 144 on Assessors' Map 60 and is now included in Key 143 on Assessors' Map 60; or act on anything relating thereto? COMMENT: The Hersey House and associated property, which also includes a large separate barn and which is identified as Key 143 and Key 144 on Assessors' Map 60, were given to the Town by Ira Hersey in 1946 and accepted at the Annual Town Meeting in 1948. The total combined area of the two parcels is approximately 4.143 acres. RECOMMENDED: That the Town (1) authorize the Board of Selectmen, for the minimum consideration of $1.00, to sell, lease or otherwise transfer that parcel of land which was formerly shown as Key 144 on Assessors' Map 60 and is now included in Key 143 on Assessors' Map 60 solely for use for either (a) undeveloped open space, or (b) as a site for the relocation, restoration and/or reconstruction of the existing Hersey House barn, including all required utilities, subject to the applicable regulations and restrictions of the Zoning By-law for the Residence A District and to other applicable Town regulations; said limitations of use to be incorporated into a deed restriction, historic preservation easements related to both the barn and the historic view corridor, and/or such other legal instrument(s) that will assure the longest possible continuation of these limitations; and (2) amend the Zoning By-law of the Town of Hingham, adopted March 10, 1941 as heretofore amended, and the Zoning Map of the Town of Hingham thereunder, by removing from Official and Open Space District and including in Residence District A the parcel of land of approximately 35,566 SF which was formerly shown as Key 144 on Assessors' Map 60 and is now included in Key 143 on Assessors' Map 60. ARTICLE 31. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: At Section III-G (6) d, insert, at the end of subsection iii, the following language: Provision of off-street parking in accordance with the requirements of this Section may be satisfied by any combination of on-site parking and alternative parking options above, provided, however, that where, prior to the application for a Special Permit under this Section, sufficient off-street parking exists or may be reasonably constructed on-site to satisfy the parking requirements of this Section, such parking shall be located on-site and shall not be eligible for relief under this subsection to allow for alternate parking options." COMMENT: This proposed amendment relates only to parking requirements for residential units created in existing buildings in the Downtown Hingham Overlay District. This Overlay District was created for the Business A zoning district in Hingham Square in 2004 and its primary intent was to allow for the creation of mixed use commercial/residential buildings in the square. The current provisions of the By-law for the Overlay District allow some or all of the parking spaces required for residential uses created within buildings existing as of 2003 to be accommodated off-site in leased parking areas. The proposed amendment allows this off-site parking to also be accommodated in designated resident parking areas of public parking lots, should the Town, through the Board of Selectmen, enact a resident parking permit program. The enactment of this amendment would further enable the creation of mixed use commercial/residential buildings in the Square, and the language of the proposed amendment contains adequate safeguards against overburdening the municipal parking areas and public streets with new resident parking. Item 2: At Section III-G (6) d, following the revised subsection iii, insert the following new subsection iv: A.Leased Parking for Commercial/Resi-dential Buildings, provided that a copy of a written, fully executed and effective lease, with a term of at least one (1) year, permitting use of sufficient parking spaces to comply with this Section for a minimum of overnight parking shall be provided to the Board of Appeals prior to the issuance of the Special Permit. For purposes of this Section III-G, "Leased Parking for Commercial/Residential Buildings" shall be the provision of parking for dwelling units in a Commercial/Residential Building on land of a third party located within 500' of the benefited parcel (but excluding parcels with single-family or two-family dwellings outside of the Overlay District). The granting of this parking waiver shall require a finding by the Board of Appeals that such lease of parking spaces does not create a violation of the zoning of, parking requirements for existing uses on, or any special permit or variance granted to, the burdened parcel. In addition, the applicant (or its successor) shall be required, as a condition of the issuance of a Special Permit, (i) to certify to the Building Commissioner annually, on the anniversary of the date of the issuance of a Special Permit, that such lease remains in full force and in effect and (ii) no later than thirty (30) days prior to the expiration or other termination of such lease, to apply to the Board of Appeals for a modification of its Special Permit which application shall provide for the required parking in another manner consistent with the requirements of this subsection 6(d). B. Off-site parking in designated resident parking areas of public parking lots, provided that a resident parking permit program or the like is adopted by the Town, and provided that, as a condition of the issuance of the Special Permit, the applicant applies for and presents written evidence to the Board of Appeals and the Building Commissioner of approval by the Town of sufficient resident parking permits to comply with the parking requirements of this Section. Provision of off-street parking in accordance with the requirements of this Subsection (iv) may be satisfied by any combination of on-site parking and/or alternative parking options described herein, provided, however, that where, prior to the application for a Special Permit under this Section, sufficient off-street parking exists or may be reasonably constructed on-site to satisfy the parking requirements of this Section, such parking shall be located on-site and shall not be eligible for relief under this subsection to allow for alternate parking options. Item 3: At Section III-G (6) d, renumber the final three subsections that are currently numbered iv, v, and iv (sic), to be v, vi and vii, respectively. ARTICLE 32. Will the Town amend the Zoning By-Law of the Town of Hingham, adopted March 10, 1941, as heretofore amended, as follows: Item 1: Amend Section I-C by deleting the words "Board of Appeals" each time they appear and substituting therefor the words "Permit Granting Authority". Item 2: Amend Section I-D by: (b) in subsection 3 inserting the phrase "A1" after the words "Special Permit" in the first sentence thereof; (c) in subsection 3 deleting the second paragraph thereof in its entirety; and (d) deleting subsection 4 thereof in its entirety. Item 3: Delete Section I-F in its entirety and substituting therefor the following: "I-F Special Permits 1. Special Permit Granting Authority 2. Procedures for Application, Hearing and Decision The Special Permit Granting Authority may grant, grant with conditions, deny, or grant leave to withdraw an application for a Special Permit. A copy of the decision shall be filed with the Town Clerk and the Planning Board (if granted by the Board of Appeals), and shall be furnished the applicant and property owner, in accordance with Massachusetts General Laws Chapter 40A. The applicant shall be responsible for filing a certified copy of the decision in the Registry of Deeds or, where applicable, in the Land Court. Prior to the issuance of a Building Permit, the applicant shall present to the Building Commissioner evidence of such recording. 3. Review Criteria The Special Permit Granting Authority shall limit the proposed development so that its impact on each of the municipal services, ways, utilities and other resources does not exceed its existing design capacity, as determined by the Special Permit Granting Authority. This limitation shall be imposed upon the proposed development regardless of the intensity of development otherwise permitted by Section III-A and Section IV-A. 4. Costs 5. Approval Criteria a. use of the site is in harmony with the general purpose and intent of this By-Law; 6. A Special Permit shall lapse within a two (2) year period or a shorter period if so specified by the Special Permit Granting Authority, which shall not include any time required to pursue or await the determination of an appeal pursuant to Massachusetts General Laws Chapter 40A, Section 17, and if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if construction has not begun within the period except for good cause. 7. Repetitive Petitions Item 4: Delete Section I-G in its entirety and replace therefor the following: "I-G Special Permits with Site Plan Review (A2) Site plan review is required for all Special Permits designated A2 in this By-Law. Such site plan review is conducted by the Planning Board as the Special Permit Granting Authority. Each application to the Planning Board for a Special Permit A2 must include all the information and plans required for site plan review. (See Section I-I, 3.) The Planning Board shall transmit forthwith a copy of the application to and may consult with other Town agencies, boards and officials as it deems appropriate. The Planning Board shall review and investigate each such application in accordance with the criteria and standards for site plan review listed in Section I-I" Item 5: Amend Section I-I by: (a) deleting subsection 2 in its entirety and renumbering the subsequent subsec-tions accordingly; and (b) amending renumbered subsection 3 (Review Standards) by deleting the words "and Zoning Board of Appeals" in the first sentence thereof. "I-J Fees Item 7: Amend Section III of the By-Law by: (a) amending Section III-A under "A2" to delete the words "by the Board of Appeals as provided in Section I-G" and substituting therefor the words "by the Planning Board as provided in Sections I-F and I-G" and by deleting the words "the Board of Appeals" in the last sentence thereof and substituting therefor the words "a Special Permit Granting Authority"; (b) amending Section III-E by deleting the words "Board of Appeals" and "Board" wherever they appear and substituting therefor the words "Special Permit Granting Authority"; (c) amending Section III-G, 5 by deleting the words "Planning Board and/or the Board of Appeals" wherever they appear and substituting therefor the words "Special Permit Granting Authority"; (d) amending Section III-G, 6 by deleting the words "Board of Appeals" wherever they appear and substituting therefor the words "Planning Board"; and (e) amending Section III-I, 1(b) by deleting the words "Board of Appeals" and substituting therefor the words "Planning Board". Item 8: Amend Section IV of the By-Law by: (c) in Section IV-E delete the words "Board of Appeals" wherever they appear and substitute therefor the words "Planning Board"; (d) in Section IV-F delete the words "Board of Appeals" and "Board" wherever they appear and substitute therefor the words "Planning Board"; and (e) in Section IV-G, make the following changes: Item 9: Amend Section V of the By-Law by: (c) in Section V-E deleting the words "Board of Appeals" and "Board" wherever they appear and substituting therefor the words "Planning Board"; (d) in Section V-F deleting subsection "h" in its entirety and relettering subsection (i) to (h) accordingly; (e) in Section V-G, 4.g. deleting the words "Zoning Board of Appeals" and substituting therefor the words "Planning Board"; and (f) in the second paragraph of Section V-G, 4, j., deleting the phrase "or Board of Appeals". Item 10: Amend Section VI by: (a) in the definitions of "Nonconforming Structure" and "Nonconforming Use" substitute the words "Permit Granting Authority" for "Board of Appeals"; (b) inserting the following definition after the definition of the term "Nonconforming Use": "Permit Granting Authority - the Board of Appeals under Section I-D or the Planning Board under Section I-F, as designated in this By-Law"; and (c) inserting the following definition after the definition of the term "Slope": "Special Permit Granting Authority - the Board of Appeals or the Planning Board as designated in Section I-F, 1 of this By-Law." Item 11: If Warrant Article 31 (Parking for Commercial/Residential Buildings) is adopted by Town Meeting, change "Board of Appeals" to "Planning Board". or act on any matter related thereto? RECOMMENDED: The Advisory Committee will make its recommendation at Town Meeting. ARTICLE 33. Will the Town authorize the Board of Selectman to petition the Great and General Court of the Commonwealth to enact special legislation that would exempt the position of Deputy Police Chief from the provisions of the Civil Service Law and Rules, or act on anything related thereto? COMMENT: This article is required in order to effectuate the restructuring of the police department approved through last year's budget process. Pursuant to the restructuring, the Deputy Police Chief position was created. The Deputy Chief position has already been removed from the collective bargaining unit. This final action will remove the position from civil service status and fully integrate the Deputy Chief into the police department management team. RECOMMENDED: That the Town authorize the Board of Selectman to petition the Great and General Court of the Commonwealth to enact special legislation that would exempt the position of Deputy Police Chief from the provisions of the civil service law and rules. ARTICLE 34. Will the Town amend the General By-Laws of the Town of Hingham adopted March 13, 1939, as heretofore amended, at Article 10 by adding the following: Section 37 - Removal of Snow and Ice from Sidewalks in Business and Industrial Districts In all Business and Industrial Districts, as defined and delineated in the Zoning By-law, the owner, or his/her agent, of any land abutting upon or contiguous to a sidewalk of a street shall cause said sidewalk to be maintained in a non-slippery condition suitable for pedestrian travel by clearing all snow and ice from a pathway at least thirty-six (36) inches in width along the length of said sidewalk within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk, and shall maintain said portion of sidewalk in a non-slippery condition by application(s) of sand and/or melting agents as may be necessary for this purpose. Or act on anything relating thereto? COMMENT: In an effort to protect public safety, the Board of Selectmen has defined the responsibility of property owners to maintain clear and passable sidewalks after a snowstorm. The guidelines will be presented at the Town Meeting. Guidelines will also be published in the media, detailed on the Town website, included in a Town wide mailing, and reminders given as the season approaches. This voluntary program will be evaluated in April, 2007 and revisions to this program may result. RECOMMENDED: That no action be taken on this article. COMMENT: This statewide program is intended for elderly homeowners with limited incomes. While the Committee is mindful of recent interest rate increases, we believe the current interest rate of 8% is too high and gives the Town undue advantage over those in need of this program. It is expected that the program will be reviewed as market conditions warrant. RECOMMENDED: That the Town adopt the adjustments under MGL Chapter 59, Sec.5 (41A) as amended by Chapter 136 of the Acts of 2005, which would allow the Town to change the interest rate charged on tax deferrals, to reduce the interest rate from 8% to 4%. ARTICLE 36. Will the Town adopt MGL C. 59, section 5, which would allow a change in the income and asset limits for married couples under clause 41C elderly exemptions to more current levels, or act on anything relating thereto? COMMENT: The adoption of the modification of this clause will change the income and asset requirements of the 41C exemption for the married category. The adjustment to the single category was changed at last year's Annual Town Meeting. As it now stands the limits for a single person are greater than for a married couple. This change will bring the income and asset levels back into the prior ratio with the single levels. The current levels limit the exemption to only the very poor of Hingham and exclude many elderly who need the assistance. The new limits may possibly allow some elderly residents to stay in town who might have to leave due to high tax bills.
RECOMMENDED: That the Town adopt MGL C.59, section 5, which would allow a change in the income and asset limits, for married couples under clause 41C elderly exemptions, to increase the income limit from $15,000 to $30,000 and the asset limit from $30,000 to $55,000. ARTICLE 37. Will the Town authorize the Board of Assessors to enter into an intermunicipal agreement for the purpose of jointly obtaining consulting support services for the town's computerized assessment system or act on anything relating thereto? COMMENT: This state subsidized program allows the Town to process and undertake town wide property assessment at a lower cost than available through private contractors. The Town has been a member of this state-wide program for 10 years. The new agreement runs for 25 years with the ability for the Town to opt out if a more cost effective alternative is found. RECOMMENDED: That the Town authorize the Board of Assessors to enter into an intermunicipal agreement for the purpose of jointly obtaining consulting and support services for the Town's computerized assessment system. ARTICLE 38. Will the Town authorize and direct the Town of Hingham, acting through its Board of Selectmen, to release, revise and/or amend that certain restriction contained in that certain deed from the Town of Hingham to the Hingham Housing Authority dated March 7, 1989, recorded in the Plymouth County Registry of Deeds in Book 9097, Page 158, conveying School Tract II (15.014 acres), or act on anything related thereto? Note: Restriction states that "this property is to be used only for a residential educational facility for emotionally disturbed adolescents operated through the Hingham Housing Authority by the South Shore Collaborative or similar entity, or, if required pursuant to MGL c121B §34, by the Massachusetts Executive office of Communities and Development." COMMENT: This property, formerly part of the Naval Ammunition Depot, was owned by the town but under restrictions mandated by the federal government until 2003. Full control of the land formerly part of the Naval Depot has passed to the Town, and the federal restrictions attached to the land are no longer in force. However, when the Town deeded this lot to the Housing Authority, a clause was included restricting its use until 2019 to a residential facility for troubled adolescents. The South Shore Educational Collaborative currently operates such a facility on this property. The purpose of the deed restriction, which expires in 2019, was set out in a letter from the Board of Selectmen to the Housing Authority in 1988. The Board's intention was to "reserve to the town some means of input and control . if other proper uses come under consideration. (The restriction provides) .a means for the Town to review the matter and assure that the use of the property is in the public interest." The Housing Authority's mandate is to provide affordable housing, and it is contemplating using for that purpose the land not occupied by the South Shore Collaborative's educational facility. The Authority would like to subdivide this lot, creating one lot for the educational facility, which is expected to continue in operation. The development of affordable housing on the other lot would be subject to all applicable state and local regulations. RECOMMENDED: That the Town authorize the Town of Hingham, acting through its Board of Selectmen, to amend the restriction contained in the deed from the Town of Hingham to the Hingham Housing Authority dated March 7, 1989, recorded in the Plymouth County Registry of Deeds in Book 9097, Page 158, conveying School Tract II (15.014 acres), which restriction states that "this property is to be used only for a residential educational facility for emotionally disturbed adolescents operated through the Hingham Housing Authority by the South Shore Collaborative or similar entity, or, if required pursuant to MGL c121B §34, by the Massachusetts Executive office of Communities and Development," by adding as an allowable use residential development which includes affordable housing that qualifies for inclusion on the Subsidized Housing Inventory administered by the Massachusetts Department of Housing and Community Development. ARTICLE 39. Will the Town authorize, but not require, the Hingham Board of Health to enter into an intermunicipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform, in accordance with an Intermunicipal Mutual Aid Agreement to be entered into between the Town and various governmental units, in accordance with M.G.L. c.40, section 4A, or act on anything relating thereto? COMMENT: The Board of Health is seeking authority to enter into a mutual aid agreement with other towns and cities, including but not limited to those twenty-six other towns and cities in the metro-Boston region designated by the Massachusetts Department of Public Health ("MDPH") as emergency preparedness Region 4B, for public health assistance in the case of events which could overwhelm local capacity. MDPH recommends that boards of health enter into mutual aid agreements with cities and towns in their designated regions in order to enhance emergency preparedness and response capabilities. Pursuant to Mass. Gen. Laws. Chapter 40, Section 4A (the "Statute"), a mutual aid agreement is a contract which a municipality may enter into with other municipalities provided that, with respect to a town, the agreement must be approved by town meeting (and meet various other requirements proscribed by the Statute). Such an agreement would provide that the Town would consider requests for public health support specified in writing by any requesting town or city that is a signatory, although the Town would not be obligated to provide such assistance (for instance, the Town would not be required to deplete its own resources). The Town, as sender of assistance, would remain liable for the acts and omissions of its own employees and would indemnify the receiving town for any such liabilities. Moreover, the Town remains responsible for Workers' Compensation, wages, benefits and similar obligations for its sending employees. Under the mutual aid agreement, there is no expectation of automatic or contractual reimbursement of expenses incurred by the sending town, although the parties can enter into separate compensation arrangements. Sending and receiving parties remain eligible for state and federal assistance as well. Pursuant to the Statute, an approved mutual aid agreement shall be for a maximum term not to exceed 25 years, and must conform to certain record-keeping and financial reporting requirements. Any party may withdraw from a mutual aid agreement upon prior written notice to the other parties. RECOMMENDED: That the Town authorize, but not require, the Hingham Board of Health to enter into an intermunicipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform, in accordance with an Intermunicipal Mutual Aid Agreement to be entered into between the Town and various governmental units, in accordance with M.G.L. c.40, section 4A. ARTICLE 40. Will the Town authorize, but not require, the Board of Selectmen to acquire that portion of the former Naval Ammunition Depot in the Town currently under the control of the Department of Fisheries and Wildlife and shown as Key 12 and Key 27 on Assessors' Map 46, or act on anything relating thereto? COMMENT: The Town has been working with the Department of Fisheries and Wildlife to aquire two parcels of land, totaling approximately 16.43 acres, abutting Bare Cove Park. If approved, this land would be acquired at no cost to the Town and would be incorporated into Bare Cove Park. RECOMMENDED: That the Town authorize, but not require, the Board of Selectmen to acquire that portion of the former Naval Ammunition Depot in the Town currently under the control of the Department of Fisheries and Wildlife and shown as Key 12 and Key 27 on Assessors' Map 46. ARTICLE 41. Will the Town accept the provisions of Sections 1 and 2 of Chapter 157 of the Massachusetts Acts of 2005, An Act Relative to Disability Retirement Benefits for Veterans, or act on anything relating thereto? Section 2 of Chapter 157 of the Acts of 2005 makes the allowance retroactive to a retiree's date of retirement. If Section 2 is accepted, payment will be retroactive to the date of retirement for living retirees only. Based on the number of individuals eligible for this benefit, the exposure to the Town is approximately $37,000. These allowances will all be paid from the retirement fund. RECOMMENDED: That the Town accept the provisions of Sections 1 and 2 of Chapter 157 of the Massachusetts Acts of 2005, an Act Relative to Disability Retirement Benefits for Veterans. ARTICLE 42. Will the Town vote to authorize the Board of Selectmen to continue to petition the Great and General Court of the Commonwealth to enact special legislation currently pending before said General Court, after a unanimous vote of Article 46 by the Town at the 2005 Annual Town Meeting, authorizing the Town to grant Donald Lincoln retirement service credit for his service time as a permanent call firefighter in recognition of his unique service to the Town, or act on anything relating thereto? COMMENT: This home rule petition was voted under Article 46 of the warrant for the 2005 Annual Town Meeting. The General Court of the Commonwealth has not yet acted on this home rule legislation. It is required that home rule legislation petitions be renewed yearly until they are acted upon by the General Court. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town of Hingham to grant Donald Lincoln retirement service credit for his service time as a Town of Hingham permanent call firefighter in recognition of his unique service to the Town of Hingham. ARTICLE 43. Will the Town vote to authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town of Hingham to grant Glenn Shaw retirement service credit for his service time as a Town of Hingham Permanent Call Firefighter in recognition of his continued service to the Town. (Inserted at the request of Glenn Shaw and others) COMMENT: This home rule petition was voted under Article 42 of the warrant for the 2004 Annual Town Meeting by the voters of the Town and again under Article 47 of the 2005 Annual Town Meeting. The General Court of the Commonwealth has not yet acted on this home rule legislation. It is required that home rules legislation petitions be renewed yearly until they are acted upon by the General Court. ARTICLE 44. Will the Town authorize the Board of Selectmen to petition the General Court to enact special legislation establishing the Hingham Shipyard Improvement District, a body politic and corporate, independent from the Town, which will assume all financial liability for the capital and operating costs associated with certain existing, proposed and future public improvements within the boundaries of the district, and be empowered to purchase, own, maintain, construct, reconstruct and operate such public improvements, including streets, parking facilities, sidewalks, water and sewer lines and related facilities, and fiber optic and telecommunications links, to take property within the District by eminent domain, to borrow funds for capital improvements and to assess betterments, assessments and fees in relation thereto and to support operating expenses, to enter into such contracts as may be necessary to carry out the purposes of the District, and to exercise such additional powers as shall be defined in the special act, a summary of which is available at the office of the Town Clerk; provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court, and the Board of Selectmen are authorized to approve amendments which shall be within the scope of the general public objectives of the petition, or take any other action relative thereto? COMMENT: Town Meeting approved this article twice; however, the Legislature did not act on the petition before their session ended. Once the legislative session ends, anything not acted on must be resubmitted for the new session and in order for it to be resubmitted, Town Meeting is required to re-vote the article. By creating such a District, it would enable the entity to issue bonds as a financing mechanism to fund infrastructure improvements required for a large development project such as the Hingham Shipyard. Through the establishment of an Improvement District, the developer can obtain more financing and at a faster rate than with traditional borrowing methods. Interest payments on the bonds are paid through the assessment of betterments that are paid by the businesses and residences within the District. The creation of an Improvement District within the Shipyard would enhance its economic development by allowing the District to construct and maintain critical infrastructure required to serve the needs of those in the district, such as roads, sewer lines, bridges, sidewalks, parks, lighting etc., in advance of businesses and/or residences coming into the District. The District would also have the authority to acquire by eminent domain land that is located within its bounds. Members within the District would still pay property taxes to the Town and would receive the same Town services as residents outside the District (schools, police, fire, etc.). The District would buy its electricity from the Hingham Municipal Lighting Plant, and members would contract with the same providers as non-District residents for services such as phone and cable TV services. The District would be governed by a board of commissioners that would be appointed by the Board of Selectmen; 4 members would be nominated by the Hingham Shipyard Property Owners Association, and 1 member would be the Hingham Town Administrator or his or her designee. In the proposed legislation there is a provision that after twenty-five years, if all the bonds have been paid off and the Town wishes that the District be dissolved, it can do so through a vote of Town Meeting. Favorable action on this article does not create the District, but allows the Board of Selectmen to petition the state legislature to authorize its creation. The Town of Hingham would benefit from the creation of the Shipyard Improvement District by not having to fund all the infrastructure costs of a large development project that will greatly enhance the revenues to the Town through the tax receipts associated with the development. Development of the Shipyard is not contingent on the creation of an improvement district, but it will help make the project more attractive and as result, will accelerate the collection of critical tax revenues to the Town. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the General Court to enact special legislation establishing the Hingham Shipyard Improvement District, a body politic and corporate, independent from the Town, which will assume all financial liability for the capital and operating costs associated with certain existing, proposed and future public improvements within the boundaries of the district, and be empowered to purchase, own, maintain, construct, reconstruct and operate such public improvements, including streets, parking facilities, sidewalks, water and sewer lines and related facilities, and fiber optic and telecommunications links, to take property within the District by eminent domain, to borrow funds for capital improvements and to assess betterments, assessments and fees in relation thereto and to support operating expenses, to enter into such contracts as may be necessary to carry out the purposes of the District, and to exercise such additional powers as shall be defined in the special act, a summary of which is available at the office of the Town Clerk; provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court, and the Board of Selectmen are authorized to approve amendments which shall be within the scope of the general public objectives of the petition. ARTICLE 45. Will the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation to permit the Central Fire Station at 339 Main Street to connect to the MWRA sewer system or act on anything relating thereto? COMMENT: The Town voted in favor of this article at the 2005 Annual Town Meeting and the Selectmen submitted their petition accordingly. The Great and General Court did not act on the Town's petition, so the Selectmen must be re-authorized to file the petition again. The ability to connect to the MWRA sewer system remains a desirable goal of the Central Fire Station project, and the connection cannot be made without legislative approval. A vote in favor of this article will allow the legislative approval process to move forward and will help to assure the availability of the sewer connection prior to the completion of construction of the Central Fire Station project. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation to permit the Central Fire Station at 339 Main Street to connect to the MWRA sewer system. ARTICLE 46. Will the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation to make the following All Alcoholic Beverages Licenses site specific: (1) South Shore Catering Group Inc, South Shore Country Club, 274 South Street and (2) Linden Ponds Inc., d/b/a Linden Ponds, 300 Linden Ponds Way, COMMENT: This article was approved at the 2005 Annual Town Meeting; however, the Legislature did not act on the petition before their session ended. Once the legislative session ends, any petition not acted on must be resubmitted for the new session and, in order for it to be resubmitted, Town Meeting is required to revote the article. The South Shore Catering Group currently operates the restaurant operation at the South Shore Country Club. The special legislation requested would ensure that the operator of the restaurant could not transfer the license to another site and leave our town facility without a liquor license. When the 2004 and 2005 Annual Town Meetings voted to petition the Great and General Court to enact special legislation authorizing an additional liquor license for Linden Ponds Inc., it was with the intent that the license be site specific. The legislation did not include that provision. This article would correct that. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation to make the following All Alcoholic Beverages Licenses site specific: (1) South Shore Catering Group Inc, South Shore Country Club, 274 South Street, and (2) Linden Ponds Inc., d/b/a Linden Ponds, 300 Linden Ponds Way. ARTICLE 47. Will the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town of Hingham to issue temporary loans for periods greater than 2 years, and allow the Town to charge the Town's actual interest costs to betterment assessments issued by the Town, or act on anything relating thereto? Current state law limits the Town's authority to issue short-term notes, with no required payment against principal, to a term of no more than 5 years. Section 1 of this home rule petition will remove that number of years restriction, but will require the Town to begin making principal payments within two years. Section 2 of this home rule petition will allow the Town to pass on the Town's actual interest costs for betterments. Current state law provides the Town with only two options in regard to charging betterments interest costs to property owners. One method is a straight 5.0%, and the second is the Town's actual cost, plus 2.0%. Both methods increase the interest charges to property owners for betterments well beyond Town's true cost of interest. This petition would allow for an allocation of interest that reflects only the Town's true costs, thereby reducing the cost to property owners currently being charged to them. Approval of this warrant article would authorize the Town to petition the legislature to authorize these changes in its debt issuance practices. RECOMMENDED: That the Town authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact special legislation authorizing the Town of Hingham to issue temporary loans for periods greater than 2 years, and allow the Town to charge the Town's actual interest costs to betterment assessments issued by the Town.
And you are hereby also directed to notify and warn the inhabitants of the Town of Hingham qualified to vote in Town affairs to meet at two designated polling places in said Town of Hingham according to their precinct, to wit: Precinct 1, 2, 3, and 5: High School, 17 Union Street; Precincts 4 and 6: Middle School, 1103 Main Street on SATURDAY, the Twenty-ninth day of April 2006 at EIGHT O'CLOCK in the forenoon, then and there to give in their votes on the official ballot for: A Moderator to serve one year, a Selectman to serve three years; an Assessor to serve three years; a Town Clerk to serve three year; one member of the Board of Health to serve three years; two members of the School Committee to serve three years; a member of the Municipal Light Board to serve three years; a member of the Planning Board to serve five years; a member of the Planning Board to serve one year; a member of the Sewer Commission to serve three years; and a member of the Recreation Commission to serve five years. To give their votes "Yes" or "No" on the following a ballot question: Will the Town vote to have the elected Treasurer/Collector become an appointed Treasurer/Collector of the Town? The polls for the reception of ballots as aforesaid will be open at eight o'clock in the forenoon and remain open until eight o'clock in the evening. And you are directed to serve this warrant by causing an attested copy thereof to be posted in the Town Hall seven days at least before the day appointed for said meeting. Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk on or before the fifth day of April 2006. Given under our hands at Hingham this fourth day of April in the year of our lord two thousand six.
A True Copy
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