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Selectmens Meeting Minutes - 10/25/2011
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
October 25th, 2011
7:30 PM
Call to Order – Chairperson Houten called the meeting to order at 7:35.  Present: Mr. Cresta, Ms. Jones, Ms. Lindberg, Mr. Prentakis, Town Administrator Mr. Singer,

Approval of MinutesMr. Cresta made a motion and was seconded by Mr. Prentakis to read and initial the minutes to indicate their acceptance. The motion carried 5-0-0.

Approval of Warrants - The Board approved a Payroll Warrant in the amount of $370,333 of which about two thirds, $265,123 is the school payroll.  They also approved a Payables Warrant in the amount of $790,635 about half of which, $353,000, is for purchase of power.  The third warrant was for the school building project and totals $455,533.
        Mr. Cresta asked about the item for the fence at the Transfer Station.  Mr. Singer was not sure if it was a repair or replacement.
        Mr. Prentakis asked about the automatic license plate reader for the Police Department.  Mr. Singer said that it was obtained with a state grant.  Mr. Houten added that the device     is in the cruiser and enables the officer to quickly get information about outstanding warrants.
        Mr. Prentakis made a motion to accept the warrants as presented.  Ms. Lindberg seconded the motion and all were in favor.

Town Administrator’s Report
       State Representative Brad Jones has informed the Town that it will be receiving additional local aid because state revenues were greater than anticipated.  Middleton will      
        receive a one-time payment of $33,466 in unrestricted general government aid.  This will allow the Town to restore its unused levy capacity and to be stronger going into       
        fiscal 2013.
       The Town’s Free Cash will be certified in the next few days.  The number will be available for the Special Town Meeting.  It should be about the same as last year.
       The School Project is proceeding.  The front plaza is almost at grade.  The front door should be accessible by Special Town Meeting. What remains is signage, paving the sidewalks, loaming and seeding, and installing lights.  The project is ahead of schedule but the weather is closing in.  The front access road will have its binder coat and perhaps even its finish coat by the first week in December.
       A hearing on Bostik’s amended Land License is scheduled for November 8th.  They are asking to amend their License to increase the number of gallons of flammable and combustible material that can be stored on site.  The calculation has changed.  Total capacity must be reported even if that amount is not actually stored on site.  They are required to notify abutters.  There are 7 or 8 abutting properties in Middleton, most of which are owned by Bostik.  There are also abutters in North Reading, Peabody and Lynnfield.  This will be an opportunity for the Selectmen to ask questions to Bostik about what their plans are.
       The review schedule for the Special Town Meeting Warrant is:
                Master Plan Committee   October 26th
                Planning Board          November 9th
                Finance Committee               November 10th   
       The soccer field behind Memorial Hall was re-graded today.  It suffered some damage from being used for recess while the new school was being constructed.  It will be re-seeded and the sprinkler system will be reinstalled in the Spring.  It won’t be used for soccer for the rest of this season.  Mr. Cresta asked how the decision was made that fields were too wet to use.  Mr. Singer answered that the DPW Superintendent makes that decision, and he has shut down the fields when they are too wet.
       The contractor who screened the excess loam from the cemetery will be re-grading the parking lot at the East St. fields and will build a retaining wall in the outfield.

Transfer of All Alcohol, Victualler, and Entertainment Licenses from Rock’s Tavern, 119 South Main St to Serenitee Catering Corp d/b/a Maggie’s Farm – Attorney Anthony Porcello represented the owner, Mr. Mark McDonough of Manchester MA., owner and corporate officer of Serenitee.  Mr. McDonough was not present.  Also present were Mr. McDonough’s partner, Mr. Jeff Calla, and proposed restaurant manager, Ms. Suzanne Waitkus of Gloucester.  Atty. Porcello said that Serenitee is one of six corporations Mr. McDonough owns.  He owns five restaurants on the North Shore, two of them in Gloucester, one in Beverly, one in Manchester, and one in Hamilton.  He also manages the Back Stage Bistro at the North Shore Music Theatre.  They have been interested in coming to Middleton for three years.  Serenitee has entered into an Asset Purchase Agreement with Rock’s Tavern and a business arrangement with Warren Kelley.  They have entered into a five year lease with three options to continue.  Though the facility is suitable, they are undertaking a complete remodel, with the hope of opening for the holiday season.
        The manager will be Ms. Suzanne Waitkus.  She has been with the corporation for six years and has twenty years of experience in the restaurant business.  She is currently the manager of the Back Stage Bistro.  She is very familiar with TIPS certification and the new Crowd Management requirements.
        Atty. Porcello referred to the floor plan in reference to the Entertainment License Application.  He pointed out that he had made an error in the application in stating the hours as 11:00 AM to 1:00 AM on Sunday.  It is only planned to keep the restaurant open until 10:30 on Sunday so the hours should read 11:00 AM to 9:00 PM.  On Wednesday and Saturday they are requesting 9:00 PM to 12:00 midnight.  They have done some experimenting in determining what is appropriate for this type of restaurant, and have come up with some dancing, some comedy, poetry, vocals and both amplified and non-amplified music.  They realize that the noise must not be a problem for the abutters.
        Atty. Porcello also explained that Serenitee Catering Corporation was started two years in another location.  That proposal fell through so this has been a hollow corporation.  A financial check would show only a bank account with about $400.00 even though it has been registered with the Secretary of State since 2009.  This will be the first time that business will be conducted under this name.
        Atty. Porcello then explained the financials.  The purchase agreement with Rock’s was up front money.  He has attached a commitment letter from Bank of Gloucester for the rest of the financing.  Mr. McDonough does a lot of business with Bank of Gloucester and Atty. Porcello feels they have flexibility and financing is not an issue.
        Mr. Houten noted the 1:00 AM closing time and asked if the owners had been in Middleton at 1:00 AM.  Atty. Porcello said that they will scale back if it doesn’t work.
        Mr. Prentakis asked where the entertainment would be.  Ms. Waitkus said that the stage would be a mobile platform.  The tables will also be moveable.  Ms. Jones asked if the entertainment would be near the abutters.  The manager said that the venue would be wrapped in acoustical material.
        They may eventually be interested in some outdoor seating, but they will come back for that at the appropriate time.
        Mr. William Mugford of 151 South Main St. spoke in favor of this new venture
        Mr. Cresta made a motion to transfer the Liquor, Common Victualler and Entertainment Licenses from Rock’s Tavern to Serenitee Catering Corporation d/b/a Maggie’s Farm.  Ms. Lindberg seconded the motion and all were in favor.

Executive Session - Chairman Houten announced that the Board would be going into Executive Session under MGL Chapter 39, 23B, Paragraph 3 6 (to consider the value of real property) and that the Board would be coming back into open session. Mr. Prentakis voted yes.  Ms. Jones voted yes.  Mr. Cresta voted yes.  Ms. Lindberg voted yes.  Mr. Houten voted yes.  The Board entered Executive Session at 8:17

The Board re-convened in open session at 8:50.

Review of Town Meeting Warrant of November 29, 2011

Article 2, East St. Land – Mr. Singer explained that there were too many unknowns at this time.  Greenbelt has expressed a willingness to participate in the purchase and a state grant program is expected to open in the Spring.  This could be worth half the purchase price, but a specialized appraisal is needed in order to apply for the grant.
Though it originally appeared that some of the land could be used for active recreation, it is now apparent that the land is too wet.  Therefore Mr. Singer recommends that the Board withdraw this article from this warrant and resubmit it for the annual Town Meeting.
Mr. Cresta made a motion to withdraw Article 2 form the Special Town Meeting Warrant.  Ms. Lindberg seconded the motion and all were in favor.

Article 3, Citizen’s Petition – Mr. Houten suggested moving Article 3 to the end of the warrant because it will draw a crowd.

Article 6, Repairs to Fire Station Roof – Fire Chief Twiss was also present.  Mr. Singer explained that the Fire Station has been dealing with leaks in the roof near the hose tower.  The 2nd floor addition was added in 1983 and has been re-roofed once.  The leaks have led to some mold problems.  Insulating the roof will not only eliminate the mold problem but will also result in significant energy savings.
Chief Twiss reported that he has been looking at the heating and cooling costs for the building.  Natural gas for heat is budgeted at $8,000 and electricity at $10,500, of which 35% is for air conditioning.  The second floor of the station gets very hot.  The proposed open foam cell insulation is expected to result in a 25% energy saving.  It has been used very successfully in the older part of the Library.
Ms. Lindberg asked if the appropriation were enough.  Mr. Singer said that there was money available in the maintenance account.  Mr. Cresta asked about the money appropriated in May for exterior repairs to the Fire Station.  Chief Twiss said that this appropriation will be combined with the appropriation from May.  With this insulation it will be possible to eliminate the gable vents which let snow and rain into the attic.  The cricket for the roof has already been done.  
Chemical Process Management By-law – Chief Twiss explained that in response to the explosion at Bostik the Town should have a vehicle in place to help with process management enforcement.  The proposed by-law has been borrowed from Danvers but adapted to Middleton.  It would only apply to Bostik.  Mr. Cresta asked why it would not apply to FerrelGas.  The Chief explained that there is no manufacturing going on at FerrelGas.  It is just a storage site.  All work is done off-site.  The Chief went on to say that it would help the Town to have an independent party with expertise go through the facility and analyze the processes.  Mr. Cresta asked about the fines that could be imposed.  The Chief said they varied from $25,000 per day to a few hundred dollars.  Mr. Cresta asked what would happen if the firm declined to arrange for the third party inspection.  Mr. Singer responded that that would be grounds for revoking their license to manufacture.  He added that Bostik is undertaking this added precaution and does not have a problem with this by-law.

Closing of the WarrantMs. Lindberg made a motion to close the November 29th Special Town Meeting Warrant.  Ms. Jones seconded the motion and all were in favor.

Other Business

Community Preservation Act (CPA) Funding – Mr. Prentakis reported that State released CPA funding and Middleton will receive $36,000 which is $9,000 more than expected.  The match was 27% instead of 20%

Firefighters to be Honored – Chief Twiss reported that the Secretary of Public Safety has informed the Town that the Fire Department will be honored for its response to the Bostik incident.  There will be a special ceremony at the Fire Fighter’s Memorial in Worcester on November 30th.  In addition, Captain Martinuk and Firefighter’s Cinch and Leary will also receive special recognition at that event.

Adjournment – Ms. Lindberg made a motion to adjourn.  All were in favor and the meeting was adjourned at 9:15.

Respectfully submitted,
Mary Jane Morrin, Recording Secretary