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Selectmens Meeting Minutes 08-14-2012
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
August 14, 2012
7:30 PM
Call to Order –Chairman Cresta called the meeting to order at 7:30.  Present: Mr. Houten, Ms. Jones, Ms. Mr. Prentakis, and Town Administrator Mr. Singer
Minutes - Mr. Prentakis made a motion to accept the minutes of the July 31, 2012 meeting.  Mr. Houten seconded the motion and all were in favor.
Approval of Warrants – A Payroll Warrant was presented in the amount of $109,802.  The Payables Warrant is for $115,031.  $39,982 is for payroll deductions.  $15,338 is for tree trimming for the Electric Light Department.  The payables for the DPW are $31,994 including $5,470 for paving.
Mr. Houten made a motion to approve the warrants.  Ms. Jones seconded the motion and all were in favor.
Town Administrator’s Report
        Mr. Singer asked for a moment of silence in memory of former Town Treasurer Patricia Jordan who passed away recently.  She served the Town for 25 years retiring in 1991 and brought the office into the computer age.
        Mr. Singer informed the Selectmen that at their next meeting, which will be September 11th, they will receive a request from Sage Management for an official name change for the hotel.  This is just a change in the Doing Business As (DBA).  The manager will remain the same.
        Chief DiGianvittorio has reported that the old manager is back at the Candlelight.  The police have been checking that he is on site as requested by the Board.
        Mr. Singer reports good progress for the Regional Emergency Communications Center (RECC).  They are on target for an October construction completion date.  The Computer Aided Dispatch equipment will be purchased and installed over the next six months.  The first towns should come online in March 2013.  Interviews with current staff in the towns who might be interested in moving over to the RECC will begin in October.  Staff training will begin in December.
        Now that the Chapter 90 funds have been released Fuller Rd. and Meadow Dr. will be repaved.  Since it is still necessary to go through the approval process, the delay has resulted in the loss of much of the construction season.  If the Town is fortunate, the project will be started in the fall.  It may be possible to get at least the base and a binder coat done but the job may not be finished this season.  A memo will go out to affected residents explaining this.
Vote to Issue General Bond Anticipation Notes to the Low Bidder, Century Bank in the amount of $688,000 through 8-16-13 – This is the final short term borrowing for the new Howe-Manning.  Mr. Singer explained that though the Town would have liked to not have this temporary borrowing, the MSBA’ reimbursement schedule made it unavoidable. The Town wanted to take advantage of the very low long term borrowing rates so it was necessary to move forward before all the reimbursement was received. This money will be paid back when the Town receives the final reimbursement from the MSBA.  The interest rate is ½ of 1% and the amount is $688,000.
Mr. Houten made a motion to issue General Bond Anticipation Notes in the amount of $688,000.  Mr. Prentakis seconded the motion and all were in favor.

Vote to Issue General Obligations Bonds in the amount of $14,350,000 to the Low Bidder Robert W. Baird & Company Inc. at the TIC (True Interest Cost) of 2.625210% to Permanently Fund the Howe-Manning School Project and Purchase of 11 South Main Street - Mr. Cresta explained that this will allow the Town to permanently fund the construction of the new Howe-Manning School and the purchase of 11 South Main St.  In Ms. Lindberg’s absence, Mr. Houten acted as Clerk to read the entire document into the record.
Mr. Houten made the following motions:
Motion 1
That the sale of $14,350,000 General Obligation Municipal Purpose Loan of 2012 Bonds of the Town date August 17 2012 (the “Bonds”) to Robert W. Baird & Co., Inc. at the price of $14,995,488.25 and accrued interest, if any, is hereby approved and confirmed.  The bonds shall be payable on August 15 of the years and in the principal amounts and bear interest at the respective rates as follows:

Interest Rate
Interest Rate
Motion 2
That the Bonds maturing on August 15 2030 (a “Term Bond”) shall be subject to mandatory redemption or mature as follows:
Term Bond due August 15 2013
Year            Amount
2029            $845,000
2030*            870,000
* Final maturity
Motion 3
To approve the sale of $688,000 0.50 % General Obligation Bond Anticipation note of the Town date August 17, 2012 and payable August 16, 2013 (the “Notes”) to Century Subsidiary Investments Inc. III at a price of 100% of par and accrued interest, if any.
Motion 4
That in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement date August 1, 2012 and a final Official Statement dated August 8, 2012 (the “Official Statement”) each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Motion 5
That in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement date August 1, 2012 and a final Official Statement dated August 8, 2012, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Motion 6
That the Bonds shall be subject to redemption, at the operation of the Town, upon such terms and conditions as are set forth in the Official Statement.
Motion 7
That the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing and significant events disclosure undertakings in compliance with SEC Ruse 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference t in the Bonds and Notes, as applicable, for the benefit of the holder of the Bonds and Notes from time to time.
Motion 8
That we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures in such form as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes.
Motion 9
That each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such action, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.
Ms. Jones seconded the multiple motions.
        Mr. Singer explained that a series of fortunate events have benefitted the Town.  Going out to bid at the low end of the construction cycle resulted in several million dollars of savings.  Now, as the Town moves to the final bonding, long term interest rates are at a historic low.  The original estimates assumed a 5% or 6% interest rate.  The low bid was 2.625%.  This will save the Town $5 million over 20 years and reduce the annual cost by 25%.  This is a story that needs to be told to the taxpayers.  The Town’s AA bond rating has also been confirmed.
The vote was taken and all were in favor
Review of Opportunities for Developing Solar Energy Farm [Solar Photovoltaics} on Town Owned Property (Capped Landfill)
Mr. Singer explained that the final version of the energy legislation retains the ability of municipalities to tax renewable energy projects.  An appropriate site for a solar energy farm would be flat, open and have access to the electric grid.  The Middleton landfill has been capped for 16 years so the landfill gas should be gone.  The Selectmen’s packet contains a map of the landfill area with the fireworks debris zone for Chief Wills Day, marked with a yellow circle.
        The State’s goal is to have 250 MW of solar power by 2017.  129 MW is currently in place.
        Mr. Singer proposes putting out a Request for Proposals after conferring with the Middleton Electric Light Department (MELD) Director.  The process would take 3 to 4 years.  It might require a zoning change.  There might also be some appropriate private property in the area.
        MELD has bought a portion of a wind farm in Maine, so the Town does meet renewable energy requirements.  Solar energy is most efficient when power is needed for cooling.  Solar energy is low impact and doesn’t make noise.  As the lessor, the Town would make a profit.
Appointments to the Rails to Trails Committee
        Mr. Cresta read the names of the applicants for appointment to the Rails to Trails Committee.  He suggested having nine members and one ex officio, the Town’s Assessor.  Mr. Swanson.
Mr. Prentakis made a motion to appoint Hector Quarti, Brad Swanson (ex officio), Frank Twiss, Derek Fullerton, Rodney Pendleton, Steve Weitzler, Todd Moreschi, Thomas Martinuk, Stephen Friend and Scott Downs to the Rails to Trail Committee for terms ending June 30, 2013 and to appoint Derek Fullerton as temporary chair.  Mr. Houten seconded the motion and all were in favor.
New Business – Ms. Jones asked who has responsibility for the vegetation encroaching on the sidewalk by the Golf Course.  Mr. Singer said that it was the State’s responsibility but he would see if the Middleton DPW could do something.
Executive Session under the Provisions of Massachusetts General Laws, Chapter 30A, Section 21, Paragraph 8 – (Preliminary Screening of Applicants for Employment)
Mr. Cresta announced that the Board would be going into Executive Session under Section 21, Paragraph 8 (Preliminary Screening of Applicants for Employment) and that the Board would not be coming back into open session.  Mr. Prentakis voted yes.  Ms. Jones voted yes.  Mr. Cresta voted yes.  Mr. Houten voted yes.  The Board entered Executive Session at 8:30.
Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
Timothy Houten, Clerk