Selectmens Meeting Minutes - 05-29-2012
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
May 29th, 2012
7:30 PM
Call to Order –Vice Chairman Cresta called the meeting to order at 7:40.  Present: Mr. Prentakis, Ms. Lindberg, Town Administrator Mr. Singer and DPW Superintendent Mr. LaBossiere.
Mr. Prentakis nominated Mr. Cresta as Chair.  Ms. Lindberg seconded the motion and all were in favor.
Mr. Prentakis nominated Ms. Lindberg as Clerk.  Mr. Cresta seconded the motion and all were in favor.
Minutes - Mr. Prentakis made a motion to accept the following minutes:
        March 22nd Joint Budget Hearing
        April 3rd Regular Meeting
        April 24thRegular Meeting
        April 24th Executive Session
        May 8th Special Meeting.
        Ms. Lindberg seconded the motion and all were in favor.
Approval of Warrants – The Board approved a Payroll Warrant in the amount of $95,392.  They also approved a Payables Warrant in the amount of $1,860,972, the majority of which was the quarterly assessment for the Masconomet Regional School District.  Mr. Cresta asked it the quarterly payment schedule was fixed.  Mr. Prentakis (who is newly elected to the Masconomet School Committee) determined that the dates are in the Regional Agreement.
Town Administrator’s Report
        Mr. Singer reminded the Selectmen to sign the easement that was approved at the Special Town Meeting
        Mr. Singer informed the Selectmen that there is a lot going on in the Legislature.  The final FY ’13 Cherry Sheet estimates of local aid have been received.  There is an impasse on Chapter 90 aid.  Middleton needs this money to redo the roads in the Brigadoon sub-division.
        The Senate has passed the revisions to the Community Preservation Act.  Funding is through a one-time $25 million appropriation rather than an on-going source.  Communities will probably not see a higher match from the State.
        Advertising for the Assistant Town Administrator position has begun.  The ads are running in the June and July issues of The Beacon, the publication of the Massachusetts Municipal Association.  The position will be open until filled.
        The Alcoholic Beverage Control Commission (ABCC) will be holding five public hearing on Happy Hour regulations because of their being allowed at gambling venues.  There is a link between cheap drinks and drunk driving.
        The packet contains a letter from Masconomet CFO, Susan Givens detailing approximately $100,000 in appropriations from the Excess and Deficiency fund and the Stabilization Fund.
        The fine levied on Bostik for last year’s explosion has been lowered to $600,000.  Mr. Singer toured the plant along with the Fire Chief and the Building Commissioner.  He was impressed with their $12 million investment in safety, including fire alarm systems and chemical safety processes.  Though they are moving some of their management to Wisconsin, they are gearing back up and will employ 100 people.  They do pump $10 million annually into the local economy.  Mr. Singer added that he is sure a tour can be arranged for the Selectmen if they wish.
        The Massachusetts Selectmen’s Association is sponsoring a Leadership Conference June 9th in Sutton Massachusetts.
        The Division of Conservation and Recreation (DCR) recently presented its management plan for the Harold Parker and Boxford State Forests.  The plan is available on DCR’s website.
Request of Serenitee Corp d/b/a Maggie’s Farm for a Change in Hours of Operation and authorization to Pledge their Alcoholic Beverages License to Bank Gloucester – Attorney Jill Mann represented Maggie’s Farm.  The manager, Suzanne Wakus was also present.  Attorney Mann explained that the current pouring hours are 11:00 AM to 11:00 PM Monday through Sunday, while their entertainment license is for 11:00 AM to 12:00 PM on those days.  This means that last call is between 10:15 and 10:30.  They would like to change the hours for both pouring and entertainment to:
Sunday, Monday and Tuesday      10:00AM to 11:00 PM and
Wednesday through Saturday              10:00AM to 1:00 AM
Attorney Mann further explained that the Pledge of License is required by the Bank because of the renovation costs necessary to open the new facility.  The ABCC does need to approve the pledge.  They just need to know about the change in hours.  These actions will enable the business to prosper.
Mr. Prentakis asked if the Restaurant had received any complaints from neighbors.  The manager said there had been none.
Ms. Lindberg made a motion to approve the request for a change of hours by Serenitee Corp d/b/a Maggie’s Farm.  Mr. Prentakis seconded the motion and all were in favor.
Ms. Lindberg made a motion to authorize the pledge of their liquor license to Bank Gloucester by Serenitee Corp d/b/a Maggie’s Farm.  Mr. Prentakis seconded the motion and all were in favor.
Alfalfa Farm Winery Request for a “Tasting License” at Middleton Farmers Market for 2012 Season – Mr. Richard Adelman represented Alfalfa Farm Winery to request a license to sell its wine at the Middleton Farmer’s Market.  They were at the Farmer’s Market last year.  The hours for the market are 3:00 to 7:00 on Wednesday.  The dates are June 13 to October 17.  Ms. Lindberg asked if wine would be sold by the glass.  Mr. Adelman said no.
Ms. Prentakis made a motion to grant a Tasting License to Alfalfa Farm for the Middleton Farmers Market.  Ms. Lindberg seconded the motion and all were in favor.
Still River Winery request for a “Tasting License” at Farmers Market for 2012 Season – Wade Holtzman of Still Water Winery is requesting a license to sell its wine at the Middleton Farmer’s Market.  He described his product which is an “Ice Wine” made from apples.  The hours and dates are the same as above.
Ms. Prentakis made a motion to grant a Tasting License to Still Water Winery for the Middleton Farmers Market.  Ms. Lindberg seconded the motion and all were in favor.
Report from the Middleton Farmer’s Market Committee – Mike Cosco, manager of the Farmer’s Market reported that last year’s season was a success.  There were twenty vendors.   Many vendors are returning and there are new vendors.  In addition to produce, there will be some new cheese vendors, as well as providers of baked goods and desserts.  He noted that Angelica’s has been very accommodating.
Mr. Singer asked if there was anything the Town could do.  Mr. Cosco said the Market could use more publicity.  Mr. Cresta suggested a sign at the Transfer Station.
Request of Carolyn D’Amato, 14 Wennerberg Road to Investigate Possibility of Constructing Sidewalk on (State Owned) South Main Street – Mr. Shawn MacPhearson of 14 Wennerberg Rd. was present in place of Ms. D’Amato.  Mr. Cresta noted that this matter had been referred to the Selectmen by the Planning Board and that there was correspondence in the packet.  Mr. MacPhearson pointed out that although there are sidewalks on both sides of Wennerberg Rd. there is no safe way for Wennerberg Rd. residents to walk in either direction to access Middleton’s down town or the shops at 100 South Main St.
Mr. Cresta pointed out that Route 114 is a state road which has the advantage that the State maintains it and is planning to repave it next year.  However, the sidewalk cost would most likely be borne entirely by the Town and would be more complicated and more expensive than adding a sidewalk to a locally owned street.
Mr. Cresta recalled that the Town had once had a Sidewalk Committee Mr. Singer said that it had been ten years and had been formed in response to a Citizen’s Petition regarding one street.  The Selectmen formed the Committee to study other areas and to include sidewalks in the Capital Plan.
Over the years, as development has increased, the Planning Board has negotiated with developers to build sidewalks on busier streets adjacent to their sub-divisions.  There were also some funds available from Federal Grant programs.  The problem was that there was never a permanent funding source.  He suggested reviving the Sidewalk Committee.  This request makes sense given that Wennerberg Rd. is isolated.  However the Town does not own the Right of Way.  The State would require the Town to do the engineering work subject to the State’s review and approval.  The sidewalk would have to meet standards.  The State would not allow a sidewalk to dead end.  Since there is a crosswalk at Orchard Circle, a logical point to begin would be connecting Wennerberg Rd. and Orchard Circle.  Mr. Cresta pointed out that sidewalks on side streets are often “Cape Cod berm”.  This sidewalk would probably require concrete curbing.  The Sidewalk Committee recommended building sidewalks on Boston St. to both town lines, on Forest St. perhaps to the town line and on Essex St. which currently ends at School St.  This request should probably be on a separate track and discussions should begin with Mass Highway
Mr. Prentakis asked if the Right-of Way on 114 went past the pavement.  Mr. Singer said that it is anywhere from 60’ to 100’ wide.  There appears to be plenty of room for this request.  Other streets are as narrow as 26’ with 22’ of paving.  Putting sidewalks on River St. would affect 105 property owners.  
Mr. Cresta suggested that since Mass Highway is planning the 114 repaving project, this would be a good time to make this request.  Mr. Singer noted that Mass Highway has already ordered the new signal heads with the pedestrian count down and repainted some crosswalks.  Mr. LaBossiere said that he has contacted Mass Highway to see what they would want.  The process will be that the Town will provide the design, the State will approve it and then the Town will pay for the construction.  Mr. LaBossiere wants to make sure that he knows what they will require before starting the design.  Mr. Singer added that the pedestrian light at Richardson’s cost $100,000 and 40% of that was design.  Even though the Town has contracts for granite curbing, the State would require a bid process.
Ms. Lindberg pointed out that the Planning Board has been having developers put money in the Sidewalk Fund.  Mr. Singer will find out how much is in the Fund.  Mr. Prentakis suggested that the Planning Board act as the Sidewalk Committee.  Ms. Lindberg added that there have to be grants available for this, since walkability is an important issue.  CPA funds could not be used for this purpose.
Proposal to Develop a Middleton Adopt a Site Landscaping and Beautification Program for Municipally Owned Sites – Mr. Cresta has proposed this idea based on what surrounding communities are doing.  He would like to see businesses or individuals adopt a site.  Mr. LaBossiere has been approached by landscapers who would like to do this.  The business would be recognized with a small sign at the location.  A list of potential sites is in the packet.  The process will need a set of rules and standards of what a business would have to do.  Some towns take care of the watering and some don’t.
Mr. Prentakis asked about maintaining the sites, particularly watering.  Mr. Cresta hopes that businesses will be able to take care of near-by sites.  Mr. Cresta feels that businesses will step up but would like to know that the Board is in agreement.
Mr. Singer suggested developing a survey for the Board of Trade.  He would also like to get the Industrial Review Board involved.  Mr. Singer will work on this and come back to the Board with more information.
Review of List of Annual List of Re-appointments Expiring and Vacancies as of June 30, 2012 – The list of Board appointments expiring in 2012 is in the packet.  There are four vacancies, including a vacancy on the Zoning Board of Appeals due to the election of Chairman Lynn Murphy as Town Moderator.  Mr. Cresta asked the Board to review the list as the appointments need to be made by June 30th.
Ms. Lindberg asked for a list of all Board members and alternates with their expiration dates.
New Business
Ms. Lindberg wished to say thank you to the Memorial Day Committee for a great parade.
Mr. Prentakis would like the Board to receive a monthly Expenditure Report and quarterly Account Balance Reports.  This could be done electronically.  He would like these financials to be reviewed at the Board of Selectmen meeting monthly.
Mr. Prentakis also suggested that the Board meet on the 2nd and 4th Tuesday of the month rather than every other week.  Mr. Cresta said that he would like to have a calendar for the year.
Executive Session under Mass General Laws, Chapter 39, Section 23B, Paragraph 3 Collective Bargaining - Mr. Cresta announced that the Board would be going into Executive Session under Section 23B, Paragraph 3 (Collective Bargaining) and that the Board would not be coming back into open session.  Police Chief James DiGianvittorio would be present for the Executive Session.  Mr. Prentakis voted yes.  Mr. Cresta voted yes.  Ms. Lindberg voted yes.  The Board entered Executive Session at 9:10
Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
Chris Lindberg, Clerk