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Selectmens Meeting Minutes - 11/22/2011
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
November 22nd, 2011
7:30 PM
Call to Order – Chairperson Houten called the meeting to order at 7:40.  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 $694,619.  This includes:
       $129,407 for the new forestry tanker truck which is being paid for by a FEMA grant.  The federal government has already reimbursed the Town for a portion of this expense
       $161,952 for health insurance
       $170,585 for purchase of power and
       $17,132 for the ongoing renovations to the Police Department.
        The third warrant was a school construction warrant in the amount of $9100 for part of the cost of moving the modular classroom to the Police Station.
Town Administrator’s Report
       Bids were opened today for the Bond Anticipatory Notes for the School Project.  The Town has maintained its AA rating and that was reflected in the rates received today with a record low interest rate of .248%.  The Town will be borrowing close to $16,000,000 for one year at ¼ of 1% interest.   It is actually 1.5% with an up front premium of about $165,000 in order to reduce the rate to the .248%.  The Town will be seeking long term bonds when the project is complete.  These rates will probably be closer to 4%.
       The school construction is making rapid progress and will be ready for the grand opening and the Special Town Meeting.  The landscaping and the brick sidewalk are done.  The sign from the old school has been remounted.  A flag that has flown over the Capitol Building in Washington has been obtained.
       The warrants for the Special Town Meeting were mailed today.
       The Town has received about $10,000,000 from the State in reimbursement for the school construction, out of a projected $12,300,000. The Town is in a great position to encumber the rest of the debt service next summer.
       The annual classification hearing will be held December 6th.
       Mr. Singer explained a new piece of legislation, H 3723 which will make it harder to dispose of illegally obtained metals.  The Town has had about a dozen manhole covers stolen.  The bill is on the Governor’s desk and is expected to become law.
       The Building Permits Report for October is in the packet.  For the year the total value is $11,000,000 for 177 permits with fees collected of $141,000.
       On November 30th the Middleton Fire Department and three of its members, Captain Tom Martinuk and Firefighters David Leary and Charles Clinch will be honored for their response to the explosion at Bostik last March.
Application by American Legion Post 227 for a Change in Manager on All Alcoholic Beverage License from Dennis DiMaio to Fred Hale, - Mr. Ted Butler and Mr. Hale were present.  Mr. Hale said that he has been a member of the Legion for 37 years.  He has served as manager before prior to 2005.  Mr. Cresta noted that the previous manager had resigned on November 15th.  The Legion Board has voted in Mr. Hale as manager.
        Ms. Jones made a motion to approve the change of manager for American Legion Post 227 from Mr. Dennis DiMaio to Mr. Frederick Hale.  Mr. Cresta seconded the motion and all were in favor.
8:00 - Public Hearing – Application for Amended License to Store Flammable and Combustible Liquids by Bostik Inc. at 211 Boston Street under Massachusetts General Laws Chapter 148, Section 13 – Chairman Houten recused himself because he has had professional dealings with Bostik.  Ms. Jones took over as Chair.  Attorney Richard Vetstein, Plant Manager Nathaniel Weiner and Environmental Manager Daniel Welch represented Bostik.  Ms. Jones read the public hearing notice into the record.  She stated that all abutters who were required to be notified by the statute had been notified.
        Middleton Fire Chief Frank Twiss was also present.  He introduced Mr. Timothee Rodrique who is Director of Fire Safety in the State Fire Marshall’s office.  Chief Twiss added that Mr. Rodrique along with Dana Haagensen , a Fire Protection Engineer in that office have worked tirelessly with the Town since the March incident at Bostik.  Chief Twiss has enclosed a letter with the Bostik application, detailing his recommendations.
        Ms. Jones invited the representative from Bostik to speak.  Plant Manager Nathaniel Wiener introduced himself.  He explained that the increase in capacity being requested is relative to the 1984 Land License which only covered material stored in underground tanks.  It did not include material stored in drums.  The material has always been there.  This does not represent an increase in storage but rather a more accurate reflection of what is actually on site.
        Mr. Cresta asked how large a gap there was between what was permitted and what is actually on site.  Dan Walsh, who is Bostik’s Environmental Manager said that he original license was for 120,000 gallons.  He referred the Board to the spreadsheet in the license application.  The current application is for 300,000.  Ms. Lindberg asked when the increase had occurred or had it just happened incrementally.  Mr. Walsh said that he believed it was a matter of interpretation.  In 1984, Bostik believed that they only had to have a license for underground storage tanks (USTs).  What is currently on site is what has always been on site.
        Ms. Jones pointed out that this was potential storage rather than actual.  Chief Twiss explained that it was now necessary to treat every container as if it were full.  Bostik worked for months to provide not only an accurate site inventory but also an accurate inventory for each building.  This inventory is a tool that will inform the Fire Department as to what is there.  Fire standards and building codes determine the maximum capacity of each building based on available fire protection and building construction.
        Ms. Jones asked if it was accurate to say that there are not necessarily more chemicals on site.  This is a more accurate accounting of the capacity on-site.  Mr. Weiner added that there are now more egresses than there were in 1984 and more controls on how high material is stacked.  This reduces the available storage.  Mr. Prentakis asked if the plant were ever a maximum storage.  Mr. Weiner replied that the storage bays are probably 50% to75% full with the extra room needed just to get fork lifts around.  Mr. Welsh added that some of the USTs are spares and are kept empty but they still have to be accounted for as if full.
        Mr. Cresta asked Chief Twiss if, when the trucks rolled into the Bostik site after the March explosion, the Department knew that there might be the amounts of chemicals detailed in the Land License application.  The Chief responded that though they did not have an accurate inventory beyond the 1984 license, they certainly had a general knowledge of what was on site.
        At this point, Ms. Jones opened the discussion to questions from the audience.
        Ronald Mason, 162 Russell St. West Peabody said that he is Bostik’s closest abutter and has lived there all his life.  He is not afraid of Bostik at all and feels that they have been a good neighbor.  Ms. Jones agreed.
        Denise Giannola, 80 Catherine Dr., West Peabody asked if there were additional safeguards in place after the explosion.  She also mentioned that even though she is very close to Bostik, she had not received any notification of this meeting.  Mr. Singer explained that the requirements of the Statute are very specific as to who receives notification.  Abutter’s lists were obtained from Peabody, North reading and Lynnfield as well as Middleton.  Mr. Weiner addressed her concerns about safeguards.  He explained that in its high hazard areas Bostik has invested in state of the art electrical systems, fire suppression systems, back-up generators and analyzers that will detect a problem much earlier.  These areas are still off-line while they are being upgraded.
        James Giannola of 80 Catherine Dr. West Peabody, pointed out that kids riding motorbikes have cut holes in the fences around Bostik.  He worries about vandalism.  He also asks if Bostik works with a Fire Insurance company and did they have inspections.  Mr. Weiner said they were inspected annually.  Mr. Singer gave Mr. Giannola a copy of the by-law that is proposed for acceptance at the up-coming Special Town Meeting.
        Judy Donovan, 63 Catherine Dr.,West Peabody asked if the site would now be more closely inspected with the new Land License in place.  Chief Twiss responded that he is asking the Board of Selectmen to incorporate the language of the proposed by-law into the Land License.  This by-law would require an independent third party evaluation of the manufacturing processes.  The Chief added that the local authority does not have the expertise to evaluate these processes.  They will accompany the third party evaluators so the local department will have a better idea of what to look for.  This by-law is modeled after one passed by Danvers.  It will give everyone a greater sense of security.  Mr. Weiner said that Bostik is supportive of the by-law and appreciated the extra help.
        Michele Anisi, 40 Surry Lane, West Peabody asked about odors from the plant.  Mr. Weiner said that they have a third party that responds to odor issues.  He asks that people call the hotline when they smell something.  They are concerned but need help because the odors are transient.  She also is having problems with the dirt bikers who use Bostik property in spite of the No Trespassing signs they have put up.  Mr. Cresta acknowledged that both Peabody and Middleton have a problem with dirt bikers parking their trucks where they don’t belong.  Mr. Welsh added that the signs were put up in response to a request for neighbors.  They were told by the Peabody Police that they couldn’t stop the dirt bikers because the property was not posted.
        David Donovan 63 Catherine Dr.,West Peabody added that he often sees two or three pick-up trucks going in there with dirt bikes.  He wil address it with the police.
        Attorney Vetstein explained why a number of people who felt they should be notified had not been on the abutter’s list.  He said that only those who were direct abutters or directly opposite the plant were considered abutters for the purpose of this hearing.  He got the list from the City of Peabody.  He was happy that so many people did have an opportunity to speak.
        Mr. Prentakis made a motion to grant Bostik Inc. at 211 Boston Street an Amended Land License to Store Flammable and Combustible Liquids under Massachusetts General Laws Chapter 148, Section 13, with the stipulation that the License be subject to the conditions of the by-law proposed by Warrant Article 5 of the November 29, 2011 Special Town Meeting.  Mr. Cresta seconded the motion and all were in favor.
        Ms. Jones recognized the co-operation that Bostik has exhibited to the community and thanked the Office of the State Fire Marshall for their help.
The Public Hearing was called to a close at 8:45.
Mr. Houten returned and took the Chair.
Vote to Accept Donation of Surplus Bucket Truck from the Middleton Electric Light Department (MELD) to Fire Department - Chief Twiss explained that on April 8, 2010, The Electric Light Commissioners voted to give their surplus bucket truck to the fire department to replace their aging unit.  This was done with the understanding that if MELD need to use it, it would be made available.
        Mr. Prentakis made a motion to accept the donation of a bucket truck from the Middleton Electric Light Department.  Mr. Cresta seconded the motion and all were in favor.
Other Business
Appointment of a Representative to the South Essex Sewerage District – Mr. Singer explained that though Middleton is not a voting member of the district, 425 residents are hooked up to the system and they pay approximately $125,000.
        Mr. Prentakis made a motion to appoint John Knott, Webb St. as Middleton’s liaison to the South Essex Sewerage District.  Mr. Cresta seconded the motion and all were in favor.
New Conservation Agent – Mr. Singer reported that the Conservation Commission has voted to appoint Ms. Judith Schmitz of Barre, MA as the new Conservation Agent.  He read from her impressive resume.  She will work two days a week.
Executive Session – MGL Chapter 39, Section 23B, Paragraph 3 (collective bargaining) Mr. Houten announced that the Board would re-open in public session to hear the petition for extended hours at Freddie’s Place.  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 8:50.
The meeting returned to open session at 9:25.
Application to Extend Victualer’s License Hours of Freddie’s Place Restaurant at 214A South Main Street – The current hours are 6:00 a.m. -2 p.m. daily.  They wish to change them to 6:00 9:00 p.m. Tuesday through Saturday6:00 9:00 p.m. Tuesday through Saturday.  Mr. Ron Norman represented the manager, Ms. Gentiana Sadiku,.  He is the new chef and is planning an evening menu.  Thursday will be Italian night, Friday will be seafood and Saturday will be All-American.  
        Mr. Cresta made a motion to grant Freddie’s Place extended hours of 6:00 9:00 p.m. Tuesday through Saturday.  Mr. Prentakis seconded the motion and all were in favor.
Adjournment – Mr. Prentakis made a motion to adjourn the meeting.  All were in favor and the meeting was adjourned at 9:25.
Respectfully submitted,
Mary Jane Morrin, Recording Secretary