Selectmens Meeting Minutes - 3/2/2010
Selectmen’s Meeting
Nathan Media Center
March 2, 2010
7:30 p.m.

Minutes


Mrs. Jones called the meeting to order at 7:30 p.m. present: Mrs. Lindberg, Mr. Houten, Mr. Prentakis and Town Administrator.

Mr. Houten made a motion and was seconded Mr. Prentakis to read and initial the minutes to indicate their acceptance. The motion carried 4-0.

The Board approved Warrant #1035 dated March 2, 2010 in the amount of $575,329 and the School Building Committee Warrant #1035 dated March 2, 2010 in the amount of $279,788.  

Administrator’s Report:

  • Middleton Finance Committee will meet with Masconomet School Committee and Superintendent Bent to review their FY 2011 Budget.
  • The American Legion and Middleton Motel is scheduled to appear before the Board on March 16, 2010 for a Change in Manager on liquor licenses.
  • Howe Manning Superintendent Search is ongoing.
  • The U.S. Census Bureau is asking for Middleton’s assistance to encourage residents to return their census forms promptly before April 1, 2010.
  • The Town is receiving reimbursements from the MSBA on a regular basis. To date the Town has been reimbursed for (8) requisitions totaling $715,120.
Appointment of Town Clerk as Parking Clerk, Municipal Hearing Officer and Ethics Municipal Liaison to the Ethics Commission:

Mr. Prentakis made a motion and was seconded by Mr. Houten to appointment the Town Clerk as Parking Clerk, Municipal Hearing Officer and Ethics Municipal Liaison to the Ethics Commission until June 30, 2010.
 
Appointment to fill the Vacancy on the Historical Commission:

Mr. O’Connor informed the Board that he was a member of the Historical Society in the City of Salem 6-7
Years. Mr. O’Connor has been employed by the Sheriff’s Department for the past twenty years and is also
a part-time Middleton Firefighter for fifteen years.  

Mrs. Lindberg made a motion and was seconded by Mr. Houten to appoint Mr. John O’Connor to the
Historical Commission until June 30, 2010. The motion carried 4-0.

Request from Middleton Stream Team for Selectmen to Support Planned Earth Day Preparations and Events on May 2, 2010 – Sandra Rubchinuk and Pike Messenger:

Mrs. Rubchinuk stated that the Stream Team consists of 20 members and wants to get more boards and groups involved in the celebration and also to have more events around Town that Middleton is earth-friendly, such as no-idling signs outside of schools and other public buildings. The Stream Team wants the residents to see that Middleton cares about the environment. The Stream Team wants residents to know about the Town’s 3rd Annual Earth Day celebrations on May 2, 1010  from1-4 p.m.at the soccer fields behind Memorial Hall with a rain date of May 16, 2010.

Mr. Messenger informed the Board that the Stream Team is hoping to get many people together to participate in a Town wide cleanup in the week leading up to the celebrations and make it a big deal for the Town.



Application of Sage Hospitality, Sage Restaurant Manager, LLC d/b/a Crown Plaza at Ferncroft- Change of Manager from Bill Croke to John M. Martin:

Mr. Prentakis asked Mr. Martin if Mr. Croke is presently on premises at the Hotel. If, he is not, then he is violation of the license and perhaps the Board should schedule a license suspension hearing for March 30, 2010.  

Mr. Martin informed the Board that he has been on premises since February 16th and Mr. Croke left this position to begin a regional position in Sage Hospitality. Mr. Martin informed the Board that he plans to stay at the Crown Plaza Hotel for at least four years until his children graduate from high school.

Mr. Prentakis requested Mr. Martin to submit a history report of compliance with the daily ticket limit as part of the Board of Appeals action to grant the permit to operate Coco Key Water Park. The restrictions state clearly that Coco Key Water Park is allowed only100 non-guests per day to use the water resort. This report should be submitted to the Board no later than March 30, 2010.

Mr. Prentakis also would like to meet with the owners of Sage Hospitality to discuss the ongoing tax representation delay tactics to and tax assessment reduction in order to maintain good relations with the Town.

Mr. Singer informed the Board that the request for a Change in Manager was scheduled for February 16th but the meeting was cancelled due to the snow storm. Mr. Croke attempted to keep his post until the change but the cancellation of the meeting threw off his schedule. In any case, Sage Hospitality should have required Mr. Croke to remain on the premises during hours of operation until the new manager is in place.   

Mr. Houten made a motion and was seconded by Mrs. Lindberg to approve the Change of Manager from Bill Croke to John Martin on the liquor license for Sage Restaurant Manager, LLC d/b/a Crown Plaza. The motion carried 4-0.

Report from Town Bylaw Study Committee Regarding Resubmission of Adult Entertainment Control Bylaw:

Mr. Houten, member of the Master Plan Committee informed the Board that the Committee is recommending that the Adult Zone Overlay District be re-inserted into the May 11, 2010 Annual Town Meeting Warrant.  The Committee has chosen five lots at the end of Log Bridge Road that abuts the Danvers Fish and Game Club for the adult zone because this area isolated from Route 114.  The proposed zone is not located on any main road nor does it abut any residential neighborhoods. The Committee does not expect any large opposition from community groups.

Mr. Prentakis recommended that in order to assist voters understand the proposed Adult Overlay District Bylaw limiting adult entertainment that two maps be included in the Town Warrant. One map to identify where adult zoning is now permissible, the second map to show the proposed Adult Overlay District.
        
Update on Status of PERAC Actions and Directives to the Essex Regional Retirement Board and
Review of Proposed Legislation:

Mr. Singer informed the Board that Senator Bruce Tarr has field legislation that would place a state-
appointed receiver with powers to oversee the Retirement Board. The legislation would put forward a state-
appointed receiver that would report to (PERAC), the Public Employee Retirement Administration
Commission. The legislation allows the receiver from PERAC that can veto any illegal action by the Essex
Regional Retirement Board.

The Essex County Regional Retirement Board has lost roughly $70 million that it would have kept if the
money had been in the hands of the stat-run investment board PRIT, the Pension Reserves Investment
Trust, over the past ten years which the taxpayers have to make up. A state audit of the Essex Regional
Retirement Board is due to be released shortly.   

Mr. Houten made a motion and was seconded by Prentakis to support legislation to reform the Essex
Regional Retirement Board filed by Senator Bruce Tarr. The motion carried 4-0.




Request by Michael Hancock to Amend Company Name on Class II License from – Middleton Auto Exchange to Middleton Auto Exchange, Inc.:   

Mr. Hancock informed the Board that he is requesting that his license be amended to Middleton Auto Exchange Inc. for legality purposes.  

Building Commissioner Bienvenue informed the Board that according to the Police Report dated March 1, 2010 it appears that someone is living at 184 North Main Street which is a violation of the license. Mr. Bienvenue and Officer Armitage made an onsite inspection of the premises. Mr. Hancock was not on site and he spoke with Mr. Gaudreau who was working in the office. Mr. Gaudreau was asked if he worked for the owner and he replied that he was just helping out.

Out in the garage area there was a man repairing a truck that was sold by the business and needed mechanical work in order to pass an inspection. There appeared to be an extensive amount of mechanic’s tools in the garage area for repairing vehicles, not for the detailing of vehicles.

Mr. Houten and Mr. Prentakis asked Mr. Hancock if anyone was performing repairs to vehicles on site.
Mr. Prentakis informed Mr. Hancock that according to the police report that Mr. Dean was observed working on a vehicle during the site inspection by Mr. Bienvenue and Officer Armitage.  Mr. Dean informed Mr. Bienenue and Officer Armitage that the vehicle was sold, but failed inspection and that is why he was working on the vehicle.

Mr. Hancock informed the Board that he was not on site during the inspection. Mr. Hancock’s father is retired and is sometimes at the garage and helps out and Mr. Gaudreau is a friend of his father. Mr. Dean informed Mr. Hancock that he did not perform any work on vehicles. The additional tools in the garage area are stored there from his other garage.

Mr. Hancock assured the Board that all repair are sent out and performed off site.

Mr. Singer recommended that Mr. Hancock provide the Board of Selectmen with a copy of the invoice from the off-site garage that provided the repairs to the vehicle for our files. Mr. Singer informed Mr. Hancock that repairs to any vehicles on this property is a strict violation of his Class II License, the Board of Appeals Decision and the Town’s Zoning Bylaws.  

Mr. Houten made a motion and was seconded by Mr. Prentakis to amend the Class II License of Middleton Auto Exchange to Middleton Auto Exchange, Inc. The motion carried 4-0.

Set Date for Closure of Town Meeting Warrant (March 16th recommended):

Mr. Prentakis made a motion and was seconded by Mrs. Lindberg to open the May 11, 2010 Annual Town
Meeting Warrant effective March 1, 2010 and close to the Warrant on March 16, 2010. The motion carried
4-0.

At 9:00 p.m., Mr. Houten made the motion to enter into Executive Session – MGL Chapter 39, Section 23B (3) and (6) for the purpose of pending litigation and to consider the purchase, exchange, lease or value of real property and will reconvene into open session:  

The Clerk read the roll call:   Mrs. Jones, Aye, Mrs. Lindberg, Aye, Mr. Prentakis, Aye and Mr. Houten, Aye.



__________________________________________________
Timothy P. Houten, Clerk
Middleton Board of Selectmen












Selectmen’s Meeting
Executive Session
Nathan Media Center
March 2, 2010
9:00 p.m.

Minutes


Mrs. Jones called the meeting to order at 9:00 p.m. Present: Mrs. Lindberg, Mr. Houten, Mr. Prentakis and Town Administrator.


Purchase of 11 South Main Street property:

The Board agreed to announce that the long time owner of 11 South Main Street, Lois Lane Gianni, has offered the right of first refusal to the town for the purchase of the corner lot abutting the Flint Public Library. The Flint Library Trustees have expressed interest in acquiring this parcel in the past if ever offered for sale.

The Land Acquisition Sub-Committee recommended acquiring the property to improve and expand the open space in the Town’s center and downtown.

The Board also agreed to insert an article into the May 11, 2010 Annual Town Meeting Warrant for voters to decide if they wish to purchase this property and to also authorize funds to demolish the existing building and expand the green space in front of the Flint Public Library.

The Town and owner have commissioned and will jointly pay for a professional appraiser to establish the fair market value of the property, which will be used to determine the acquisition price. The funds to purchase the property will be funded through the Community Preservation Fund, which will allow a portion of the costs to be paid for by state grants.

Barr Litigation:

Mr. Singer informed the Board that Bar Inc. is has filed a law suit in U.S. District Court against the Town and Dorland Architects for in liquidated damages.

The Town has filed a counter claim for damages totaling $287,000 for damages. The damages include outstanding repairs for work not completed and/or not completed properly and professional management costs incurred as a result of contract not being completed properly and/or on time.

It will cost the Town approximately $25,000 to re-install rectangular steps at the Flint Library and will need approval from the Historical Commission.  

At 9:40 p.m., Mr. Hutten made a motion and was seconded by Mr. Prentices to adjourn the meeting. The motion carried 4-0.



_________________________________________
Timothy P. Hutten, Clerk
Middleton Board of Selectmen