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Selectmens Meeting Minutes 10-16-2012
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
October 16, 2012
7:30 PM
Call to Order –Chairman Cresta called the meeting to order at 7:30.  Present: Ms. Jones, Mr. Prentakis, Fire Chief Twiss and Town Administrator Mr. Singer.
Minutes – The minutes of the October 2nd meeting were not available.
Approval of Warrants –Payroll Warrant 1315 was presented in the amount of $386,012.  The Payables Warrant is for $528,497 which includes $147,990 for school items and $66,190 for a fire vehicle.  Mr. Singer added that the Department of Revenue will be visiting in November to go over the Town’s book in order to certify Free Cash.
Ms. Prentakis made a motion to approve the warrants.  Ms. Jones seconded the motion and all were in favor.
Town Administrator’s Report
        Mr. Singer informed the Board that the memo regarding the sign by-law has been sent to about 100 businesses.  It is also available in Town Hall.
        October 17th is the last day to register to vote.  The Town Clerk’s office reports that Middleton’s voter registration is at 5524.  This is up from 4368 four years ago.  135 voters have registered in the last month.  Post cards will be sent to every household describing the plan for Election Day.  The queue will be inside the school.  There might be parking issues.  The post card will suggest avoiding early morning if possible.  80% voter turnout is expected.  That is about 4000 voters.
        A temporary sign will be erected at the Library and moved around so the most visible location for the permanent sign can be chosen.  The Town will have to get a permit from the ZBA for the permanent sign.  The sign will also have to be approved by the Planning Board and the Industrial Design Committee.
        The Building Commissioner’s report for September is in the packet.  The total valuation is about $3 million, which is predominantly residential and includes eight new houses.
        The Water Treatment Plant has been shut down for three weeks.  There have been some calls complaining that the water leaves a film on dishes.  The well water being supplied is harder and does taste a little different.  The Plant should be on-line again on November 15th.  The State permit continues to require no outside use of water.
        The Regional Emergency Communication Center (RECC) is almost ready for occupancy.  The Director and some of the staff may move in during December.  Chief Twiss noted that the Fire Department has conducted inspections and everything looks good.  Mr. Singer added that Counsel for the Jail is putting together the proposal for the new employees.
        Mr. Prentakis asked about the next discussion of the Town’s financials.  Mr. Singer said that he would schedule it for the first week of November after the DOR has been in.
Request for a New Street Name in the 5 Lot Essex Crossing Sub-division off Essex Street by Attorney Nancy McCann – Mr. Cresta read a letter from the family asking that the new street be named for the longtime owner of the property, Mr. Alphose Lavoie, who was a decorated World War II veteran.  The developer agreed to the naming.
        Mr. Prentakis made a motion to name the new street in the Essex Crossing Sub-division, Lavoie Lane.  Ms. Jones seconded the motion and all were in favor.
Re-appointment of Christine Newhall to the Middleton Cultural Council
Mr. Prentakis made a motion to appoint Ms. Christine Newhall to the Middleton Cultural Council for a term ending June 30, 2013.  Ms. Jones seconded the motion and all were in favor.
Application of DIV Ferncroft LLC at 35 Village Road, (formerly Verizon Building) to Amend Land License for Underground Diesel Fuel Storage to 10,000 Gallons - Mr. Charles Beaudette and Mr. Alan Donavan, property managers were present.  They explained that the tank had been tested by Fires services and the Department of Environmental Protection. It contains diesel fuel to power a generator.  They brought in a third party to oversee the testing.  Chief Twiss said that the tank was 10,000 gallons, double–walled fiberglass and covered by a concrete pad.  He is satisfied with it.
Mr. Prentakis made a motion to Amend the Land License for the Underground Diesel Fuel Storage at 35 Village Road, (formerly Verizon Building) to 10,000 Gallons.  Ms. Jones seconded the motion and all were in favor.
Application of Glen A. Pierce, d/b/a Auto Choice of Peabody, Inc. to Transfer the Class II Used Car Dealer’s License at 69 North Main Street from Discount Auto Sales Inc. owned by Jeffrey Garber – The packet contains the application as well as a letter of recommendation from the Peabody City Councilor, Mr. David Gamache.  Mr. Cresta asked Mr. Pierce why he was interested in coming to Middleton.  Mr. Pierce explained that he opened his business on Andover St. in Peabody and has expanded to fill that location.  He is currently storing some cars in an off-site warehouse.  Mr. Garber is looking to slow down his business, so this seemed like a good opportunity.  All cars on the property will be ready for sale.  There will be no junk cars.  A lot of his business is done on the internet.
Ms. Jones asked if he would be keeping his Peabody location.  He said that he would, but that he would not be keeping his overflow storage. If he takes cars in trade that are not in good shape, they will go behind the fence.  All service work is sub-contracted.
Mr. Prentakis asked that Mr. Pierce provide the Board with a copy of his lease.
Mr. Prentakis made a motion to grant the application of Glen A. Pierce, d/b/a Auto Choice of Peabody, Inc. for a transfer of the Class II Used Car Dealer’s License at 69 North Main Street from Discount Auto Sales Inc. owned by Jeffrey Garber.  Ms. Jones seconded the motion and all were in favor.
Application of Jeffrey Garber, d/b/a/ Discount Auto Sales for a Class II Used Car Dealer’s License at 73 North Main Street with No On-Site Vehicle Storage – Mr. Garber explained that he is getting out of the retail auto sale business.  This will be a wholesale business.  He will be buying cars and getting them to auctions.
        Mr. Prentakis made a motion to grant the application of Jeffrey Garber, d/b/a/ Discount Auto Sales for a Class II Used Car Dealer’s License at 73 North Main Street with no on-site vehicle storage.  Ms. Jones seconded the motion and all were in favor.
Acceptance of Donation by Mr. Jeff Moore, Kimball Memorials 115 Water Street, Danvers, of an Engraved Memorial Stone Installed at the Police Station under the Massachusetts Gift Act – Mr. Cresta read a letter from Middleton Police Chief DiGianvittorio asking the Board to accept the donation of a Memorial Stone at the Police Station with the Middleton Police Patch and the Police Officer’s Prayer.  The estimated value of the gift is $3,000.  Mr. Moore’s late brother Greg was a long time Middleton resident.
Mr. Prentakis made a motion to accept the donation by Mr. Jeff Moore, Kimball Memorials 115 Water Street, Danvers, of an of an Engraved Memorial Stone installed at the Police Station under the Massachusetts Gift Act.  Ms. Jones seconded the motion and all were in favor.
Review of Recent Amendments to State Laws Governing Animal Control – The Beacon, the publication of the Massachusetts Municipal Association has a summary of changes to the Animal Control regulations that go into effect on October 31st.  Among the changes are;
       Selectmen will no longer be able to banish problem dogs, thus moving the problem to another town.
       Restrictions have been placed on how long an animal may be left tethered outside.  
       There will be new training for Animal Control officers.
       Hold time for strays has been reduced.
New Business
Mr. Prentakis said that he has noticed large trucks parking on North Main St in front of the Dunkin Donuts.  This makes it hard turn out of that lot.  Mr. Singer said that it is illegal to park on Route 114.
Executive Session under the Provisions of Massachusetts General Laws, Chapter 30A, Section 21, Section 21, Subsection 2 (To conduct strategy sessions in preparation for negotiations with non-union personnel) - Mr. Cresta announced that the Board would be going into Executive Session under Section 21, Paragraph 8 Subsection 2 (To conduct strategy sessions in preparation for negotiations with non-union personnel) and that the Board would not be coming back into open session.  In Ms. Lindberg’s absence, Mr. Cresta asked Ms. Jones to call the role.  Mr. Prentakis voted yes.  Ms. Jones voted yes.  Mr. Cresta voted yes.  The Board entered Executive Session at 8:30.

Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
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Nancy Jones, Acting Clerk