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Selectmens Meeting Minutes - 7/13/2010
Selectmen’s Meeting
Fuller Meadow School
Nathan Media Center
July 13, 2010
7:30 p.m.


Chair Christine Lindberg called the meeting to order at 7:30 p.m.

Ms. Lindberg thanked everyone who volunteered and participated in the Chief Wills Festival on Saturday, July 10, 2010. It was a great day and a goodtime was had by all and the fireworks were fabulous.

Present:   Mr. Prentakis, Mrs. Lindberg, Mr. Cresta, Mr. Houten and Town Administrator

Absent:   Mrs. Jones

Others Present:  Police Chief, DiGianvittorio, Building Commissioner, Richard Bienvenue, DPW Superintendent, Robert LaBossiere and Donna Innis, Recording Secretary.  

Approval of Minutes:

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

Approval of Warrants:

The Board approved the following warrants:

School Building Warrant #10543 dated July 13, 2010 in the amount of $1,027.200.
End of Year Fiscal 2010 General Warrant #1054 dated July 13, 2010 in the amount of $543,317.
Fiscal Year 2011 Payroll Warrant #1102 dated July 13, 2010 in the amount of $94,094.
Fiscal Year 2011 General Warrant #1102 dated July 13, 2010 in the amount of $91,759.

Moment of Silence:

Ms. Lindberg asked for a Moment of Silence for Selectman Richard Kassiotis who gave tirelessly to his community passed away on July 11, 2010.  Mr. Kassiotis most notably served as a Selectman for 27 years and was also a Justice of the Peace for the Commonwealth. Mr. Kassiotis was also a member of the Finance Committee, Electric Light Commissioner, and an active volunteer and one-time Commissioner of the Middleton Little League Association. Mr. Kassiotis was also a professional musician and singer in big band swing and jazz performing regularly at Angelica’s Restaurant.

Mr. Singer that Mr. Kassiotis was also a member on the Recreation Commission, Local Bank Trustee and all around town statesman who loved his community. Mr. Kassiotis committed more than 30 decades of service to his fellow citizens and neighbors and helped guide and build this community into the place it is today. We are all diminished and deeply saddened by his death, but we draw strength and are invigorated by the gifts of tremendous public service, loyalty, and dedication he gave to all of us and the town of Middleton.

Mr. Singer also acknowledged the passing of Mr. Everett Poole who was the custodian for Memorial Hall and the Police Station and Mr. Thomas Acciavati was the first full time Assessor/Appraiser hired by the Town in the 1980’s.   

Administrator’s Report:

  • Letter from the State’s Education Commissioner Dr. Mitchell Chester informing Middleton that the Essex North Shore Agricultural and Technical School District was established effective July 1, 2010.
  • Fire Chief Twiss is finalizing damages from the March floods which are in excess of $200,000. The damages are 75% eligible for Federal reimbursement and 12.5% from the State and we hope that the Town can convince FEMA to pay for the damage to the cemetery wall at the entrance.   
  • Received a letter from FEMA thanking the Town and the Flint Public Library for the use of the facility to provide assistance to residents affected by the March flooding.
  • School construction progress report from today’s meeting on the job site with the Town’s architects and project managers focused on the upcoming three week schedule in which much of the structural steel will be erected as it arrives from the steel factory in Quebec. They are a couple of weeks behind in their manufacturing schedule, but the erection of the steel building frame has begun as the large building crane is visible throughout Middleton Square. The removal of the peat and unstable sub soils is almost complete as some 13,000 yards of material have been removed and relocated to the cemetery with another 2,000 to go before completion.  Additionally the pouring of the concrete slabs for the entire building has begun and will continue through the next few weeks. Work is gearing up to the point of in excess of one million dollars per month.
  • We are beginning to receive more and more inquiries weekly about town services through the Town’s website, and responding with direct information and answers more timely than in the past through phone calls and written correspondence.
  • The final report of the Fiscal Year 2010 from the Building Commissioner shows the following construction activity: $22,538,791 in total permit value with $344,263 in permit revenues 381 building permits, 357 electrical permits, and 213 and 144 plumbing and gas permits respectively. The department conducted a total of 2,035 inspections of various types throughout the 12 month period.
Review and Approval of Water Rights Agreement between Ferncroft Towers Condominium Association, The Town of Middleton and Weston and Sampson Services, Inc. – Attorney Jill Mann:

Attorney Jill Mann informed the Board that Ferncroft Towers Condominium Association has approved the agreement and are just waiting for Weston and Sampson Services Inc. to approve and sign agreement. Weston and Sampson will convey the deed and easement for the water line to the Town and Ferncroft will pay for the new hydrant and gate valve.

Mr. Houten made a motion and was seconded by Mr. Cresta to approve and sign the Water Rights Agreement between Ferncroft Towers Condominium Association, the Town of Middleton and Weston and Sampson Services, Inc. contingent upon approval and signature by Weston and Sampson Services, Inc. The motion carried 4-0.

Review of Water Turbidity Issue on Lake Street:

DPW Superintendent informed the Board three homes on Lake Street have ongoing water quality problems. Customers have had issues with rusty colored water with suspended particles. Both the Middleton Water Division and the Danvers Water Department have been monitoring the situation and have determined the cause to be a chemical reaction as a result in a new disinfection process at the Danvers Water Treatment Plant. The Treatment Plant has changed its secondary disinfection from free chlorine to monochloramine. The monochloramine is reacting with the 12 inch cast iron pipe that is still active in Lake Street and causing iron to become suspended in the water.

The DEP drinking regulations classify iron as a secondary contaminant which means it does not pose any health risks. However, it does pose problems aesthetically and can be very concerning to the customer. The Middleton Water Division has increased the flushing of the water main in Lake Street to help with the removal of the iron in the water.      

As a long term solution to the increase iron in the water, the Towns of Middleton and Danvers have determined that the old 12 inch main should be eliminated from service. To accomplish this, the existing concrete lined ductile iron pipe will need to be extended approximately 150 feet towards Route 114 and connected into an existing 18 inch finish water line that supplies water to Lake Street.

The three customers will need to have their water services changed from the existing 12 inch cast iron pipe to the new 8 inch water pipe as part of the project. An approximate estimate for the installation of the water main is $15,000 to $18,000.  Mr. David Lane, Danvers Public Works Director has agreed to share in some of the costs associated with the installation. Estimates should be received in two weeks with a possible start to the installation in early August. The Water Division will contact the customers to inform them of the plans for the solution to the water quality issues.

Mr. Singer informed the Board that a transfer request may be required by the Finance Committee.

DPW Superintendent Update on Projects:

Level #6 Water Ban:

Mr. LaBossiere informed the Board that within the next two weeks Middleton and Danvers will issue a Level 6 Outdoor Water Ban. The water restrictions are a requirement of the Middleton/Danvers Water Withdrawal Permit issued by MassDEP. The current permit is a result of a court appeal by both towns against MassDEP for restrictions imposed on the permit. As part of the final decision for the Modified Withdrawal Permit, Middleton was required to adopt a bylaw with six levels, for outdoor water restrictions at the May 2005 Annual Town Meeting.  The town was also required in the permit to include private well owners in the outdoor water restriction bylaw.

In the permit, Middleton/Danvers are only allowed to consume 587.52 million gallons of water between May 1st and September 30th each year. That is an average daily volume of 3.84 MGD. As of August 3rd. the average daily volume for the two towns is over 4 MGD. If the months of August and September have average monthly consumptions for those two months, the MassDEP seasonal cap as outlined in the permit will be exceeded. Both towns would then be subject to more stringent restrictions in the future and monetary penalties by MassDEP. Exceeding the seasonal consumption, a Level 6 will be enacted.

Mr. Cresta suggested that the Water Department post this informational notice on the Town’s Website and perhaps flyers in residential mailings explaining the soon to be Water Ban Level #6 with regards to the process, enforcement and violations to the water ban.

Road Paving Projects:

Mr. LaBossiere informed the Board that Maple to the Danvers Town Line, Forest Street, and Locust Street will be paved and completed within the first two weeks in August.

Update on Enactment of Essex Regional Retirement Board Reform Legislation:

Mr. Singer informed the Board that Governor Patrick signed legislation calling for new elections as part of the overall state budget that will change the composition of the five-member board. One member will be a chief executive or administrative officer of a group enrolled in the retirement system such as a town manager. A second will be selected from the board’s advisory council, which is made up of full-time treasurers employed by the system’s member groups. Two seats including the one now occupied by William Martineau will continue to be filled by retirees or current employees, and a fifth member will continue to be chosen by the four elected members. Together, the five members will elect a board chairman. Other changes to the retirement board will prevent the next executive director from also serving as board chairman or as a state lobbyist as was the case with Timothy Bassett.  

Other Business:

Mr. Singer informed the Board that Sheriff Frank Cousins and Assistant Joseph McGowan will be attending the July 27, 2010 meeting to review and sign the Memorandum of Agreement between the Town of Middleton and Regional Emergency Communication (RECC) for Public Safety Dispatch Services.

Request by Department Heads to Modify Memorial Hall Tuesday Evening Office Hours from 6-8 PM to 4-6 PM:

Mr. Prentakis made a motion and was seconded by Mr. Cresta to temporarily modify Memorial Hall Tuesday evening hours from 6:00 -8:00 p.m. to 4:00 to 6:00 p.m. until the end of January 2011. The motion carried 4-0.

Middleton Cultural Council Appointment – Ms. Jennifer Estabrooks – Candidate:

Mr. Cresta made a motion and was seconded by Mr. Houten to appoint Ms. Jennifer Estabrooks as member of the Middleton Cultural Council until June 30, 2012. The motion carried 4-0.

Mr. Cresta recommended letters be sent to liquor establishments informing them that this office was notified by the Attorney General’s Office that an OUI occurred at their establishment.


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

Brian M. Cresta, Clerk
Middleton Board of Selectmen