Nathan Media Center
March 16, 2010
Mrs. Jones called the meeting to order at 7:45 p.m. Present: Mr. Prentakis, Mrs. Lindberg and Town Administrator. Mr. Houten arrived at 8:30 p.m.
Mrs. Lindberg made a motion and was seconded by Mr. Prentakis to read and initial the minutes to indicate their acceptance. The motion carried 3-0.
The Board approved Warrant 1037 dated March 16, 2010 in the amount of 982,383.
- Unofficial reports have the Town receiving about 10 inches of rain with road closures in at least six locations including South Main Street near McDonalds, East and Peabody streets at the Ipswich River bridge crossings, Monday Bridge on North Liberty, Mill Street Extension, lake Street Extension at the Emerson Brook Reservoir.
Police, fire, electric light an public works personnel assisted in the evacuation of about 8 or 9 families along Thunder Bridge and checked on dozens of others stranded by rising waters in isolated neighborhoods surrounded by water. FEMA and MEMA officials will be visiting tomorrow and the Town will begin to tally its costs of public damage to roads and personnel costs to respond to the event. Several businesses along South Main Street were flooded and unable to open in addition to the road closures preventing traffic from reaching those destinations.
We believe we have significant damage to Lake Street below the Emerson Reservoir Brook Dam again, which washed away entirely in the Mother’s Day Storm of 2007. Others suffered damage to their asphalt surfaces and shoulders and we will be tallying in the next few days as well.
- 105 sub-bids were received on Wednesday, March 10th which took almost an hour and one half to open, read, and review publicly for inclusion of all required bid bonds, DCAM update statements, and proper completion of bid forms in 15 trades and skills under the public sector building construction laws.
Results were very promising with the lowest bids totaling in all categories of work $8,935,198 compared to the final cost estimate of $10,657,460, a lower cost of $1,722,262. Next week the Town will receive and open the General Contractor bids for the entire job which in pre-qualified General Contractors select their preferred sub-bids and add these costs to their estimated costs for the entire project. We are projected that the Town will save hundreds of thousands of dollars compared to last year’s final construction cost estimate as a result of the positive bidding climate and intense competition.
- To give the Board an example of the competitiveness of the sub-bidders to the Howe Manning School job, the Town has received two preliminary protests from sub bidders seeking to disqualify their competition. The town will respond as it is required to do under the statute, but this takes a lot of time and resources to respond to, despite the fact that many of the protests are routinely filed and simply seek to eliminate low bid competition or non union competition.
- The Town collected $19,000 in outstanding taxes from Paradise Golf Corporation.
Application of American Legion, Post 227 for Change of Manager from Bruce Hersey to Dennis DiMaio:
Mrs. Lindberg made a motion and was seconded by Mr. Prentakis to approve the Change of Manager on
the Liquor License held by the American Legion from Bruce Hersey to Dennis DiMaio. The motion carried
Application of Middleton Motel Corp. for Change of Manager from Laurie Deacon-Bunker to Joseph Verrengia;
Mr. Prentakis made a motion and was seconded by Mrs. Lindberg to approve the Change of Manager on
the Liquor License held by the Middleton Motel Corp. from Laurie Deacon-Bunker to Joseph Verrengia.
The motion carried 3-0.
Application for Class II Used Car Dealer’s License for 221 North Main Street – Mr. Joseph Boccelli;
Mr. Boccelli informed the Board that he will be retiring and would like to commence purchasing vehicles
for clients at auto auctions. Mr. Boccelli stated that he may have up to eight of his own vehicles garaged on
his property. Mr. Boccelli has a lot in Saugus where he can store extra vehicles as needed.
Mrs. Lindberg made a motion and was seconded by Mr. Prentakis to grant a Class II Used Car Dealer’s
License to Joseph Boccelli located at 221 North Main Street. The license shall read as follows: No storage
of vehicles on the property or any other area in Town, no signs for advertisement for said vehicles and a
$25,000 Bond must be provided to the Town prior to the issuance of the license. The motion carried
Request by Conway Maple Street Realty LLC To Accelerate the Sale of the Last Affordable Unit within the Development in Building #8 (unit #19 as shown attached plan) – 42 Maple Street - Attorney Jill Mann:
Attorney Mann explained that when the Condominium was approved, the developer was required to sell six (6) units at “affordable rates.” At that time, the developer had identified various locations for each of the affordable units in separate buildings throughout the Condominium. To date, the developer has built four (4) phases of the Condominium (Buildings 1 through 6) and has two (2) more phases to complete (Building 7 and 8). During Phase 1 through 4, the developer sold five (5) of the affordable units, four (4) three-bedroom units and one (1) two-bedroom unit. One of the original units, identified as an affordable unit was Unit 19. However, the developer, with the consent of CHAPA, sold Unit 2 (which was originally identified as a market value unit) as an affordable and converted Unit 19 to a market
value unit. The developer plans on beginning Building 7, the fifth phase of the Condominium, which consists of all market value units. The last affordable unit is scheduled to be constructed as part of Building 8.The developer is seeking to sell the last during the fifth phase and, therefore, is seeking to reconvert Unit 19 to an affordable unit.
Mr. Prentakis made a motion and was seconded by Mrs. Lindberg to grant the request of Conway Maple
Street Realty LLC to accelerate the sale of the last affordable unit in Building #8, unit #19 at 42 Maple
Street. The Selectmen’s approval is subject to the condition that Middleton residents be given first
preference by CHAPA during the application process for the last available unit in this development. The
motion carried 4-0.
Request to Insert Street Acceptance Warrant Article for the Annual Town Meeting Warrant for Ross Lane and Warren Drive – Attorney Jill Mann:
Mrs. Lindberg made a motion and was seconded by Mr. Prentakis to insert an article on the May 11, 2010 Annual Town Meeting Warrant for street acceptances of Ross Lane and Warren Drive. The motion carried 4-0.
Receipt of Citizen Petitions to be referred to the Planning Board:
Mr. Singer informed the Board that the petition to rezone North Main Street would include five lots
beginning at the Muzichuk building in Middleton Square to the first entrance of Lakeview Avenue.
Mr. Prentakis made a motion and was seconded by Mrs. Lindberg to insert the citizen petition submitted by
Elizabeth N. Wright, Trustee of the BBB Realty Trust to rezone North Main Street into the May 11, 2010
Annual Town Meeting Warrant and refer the petition to the Planning Board. The motion carried
3-0. (Mr. Houten recused himself and left the meeting)
Mr. Singer informed the Board that Mr. Warren Kelly submitted a petition to amend the “Sign Bylaw”.
Mr. Houten, member of the Town Zoning Bylaw Study Committee informed the Board that the Committee
reviewed this petition and does not sponsor nor recommend this article.
Mr. Prentakis made a motion and was seconded by Mr. Houten to insert the citizen petition submitted by
Warren Kelly to amend Section 5.2.11 Wall and Roof Signs of the Zoning Bylaw into the May 11, 2010
Annual Town Meeting Warrant and to refer the petition to the Planning Board. The motion carried
First Review of Annual Town Meeting Warrant Incorporating FY 2011 Capital Budget
The Board reviewed the preliminary warrant and omnibus budget which will be presented at the March 25, 2010 Joint Selectmen and Finance Committee Budget Public Hearing.
Mr. Singer informed the Board that Middleton’s increase for the FY 2011 Masconomet Assessment is a total of $425,982. Middleton’s assessment is higher than the other two towns based on three factors including a hike of $150,000 for the change in student population. This represents a third of Middleton’s increase, which also includes $156,000 to cover the FY 2010 and FY 2011 cuts in state aid and another $119,000 for fixed costs such as pensions and health insurance for the Masconomet Regional School District.
Closure of the FY 2011 Annual Town Meeting Warrant (to public petitions only):
Mr. Houten made a motion and was seconded by Mr. Prentakis to close the May 11, 2010 Annual Town
Meeting Warrant. The motion carried 4-0.
At 9:15, Mr. Prentakis made a motion and was seconded by Houten to adjourn the meeting. The motion
Timothy P. Houten, Clerk
Middleton Board of Selectmen