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Selectmens Meeting Minutes 12-11-2012
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
December 11, 2012
7:30 PM
Call to Order – Chairman Cresta called the meeting to order at 7:30.  Also present were Mr. Houten, Ms. Jones, Ms. Lindberg, Mr. Prentakis, Town Administrator Mr. Singer, Assistant Town Administrator Mr. Ferrara and Town Accountant Mr. Vanni.
Minutes – Mr. Houten made a motion to accept the minutes of the November 27th meeting.  Ms. Lindberg seconded the motion.  Mr. Cresta abstained.  All others were in favor.
Approval of Warrants –Payroll Warrant #1323 was presented totaling $473,894 which includes the School Department payroll of $296,106 and $83,850 for the Fire Department of which $26,774 is for overtime.  Payables Warrant #1323 totals $811,157, which included $169,389 for payroll deductions, and $352,049 for Purchase of Power.  Other expenditures include $100,000 for the purchase of 121 East St., $59,956 for paving and $24,009 for repairs to the Fire Station floor.
Town Administrator’s Report
        Repairs to the Fire House Floor are now closed out.  There is still some insulation work to be done
        School Committee Vacancy - The School Committee and the Board of Selectmen will hold a joint meeting at 5:45 on December 18th to fill the vacancy on the School Committee.  As of now, there is one applicant.
        Land Grant Application – Middleton’s application for a grant to partially fund the purchase of 121 East St. was successful.  The Grant Agreement has been sent back to the Department of Conservation Resources.  The $10,000 pledge for Essex County Greenbelt has also been received.  Mr. Singer expressed his appreciation to all those who worked to make this purchase possible including Candace Wheeler who wrote the grant application and Middleton’s legislative delegation.  The grant is for $56,000.  The remaining $34,000 will come from the Conservation Commissions Land Acquisition Fund.  Using this funding source rather than Community Preservation funds allows the land to be solely managed by the Conservation Commission, rather than needing an outside agency.
        Town Center/Town Common project – This week, the Zoning Board of Appeals will finish its review of the site plan for the Town Center, including the location of the Community Events sign.  The review of the Town Common site plan is complete.
        9C cuts – The Governor has made cuts to Local Aid.  The Town may have to make some cuts to the FY’13 budget.  The “Fiscal Cliff” is also a threat.  The legislature may still make some changes.  Masconomet is in a strong position because they did not re-certify their budget when they got more state aid than expected.
        MELD Oil Spill – The Middleton Electric Light Department has hired a Licensed Site Professional (LSP) in accordance with the Massachusetts Contingency Plan (MCP) to deal with the spillage of 200 gallons of mineral oil at a condominium complex on North Main St.  An employee discovered that a transformer had no oil due to a hair line crack in a conduit.  Approximately 100 cubic yards of contaminated soil were removed.  The cost will be between $35,000 and $38,000.  It appears the clean-up is ready to be closed out.
        Wreaths Across America – Mr. Ferrara reported that he attended the recent Wreaths across America ceremony in Topsfield.  Each year truck-loads of wreaths from Maine go to Arlington National Cemetery to lay wreaths on every grave.  The trucks stop at various locations along the way including the Topsfield Fair Grounds.  Middleton was also represented by Veterans Services Agent Ted Butler, a delegation from the American Legion and Fire Chief Frank Twiss as well as a Middleton Fire Engine which along with an engine from Topsfield held a flag over the event.
Acceptance of $1,000 Donation from the Curvey Charitable Trust Fund to the Middleton Food Bank under the Massachusetts Gift Act - Ms. Jones noted that although the Curvey family has moved to Florida, they continue to generously remember Middleton.
Ms. Jones made a motion to accept a$1,000 donation from the Curvey Charitable Trust Fund to the Middleton Food Bank under the Massachusetts Gift Act.  Mr. Houten seconded the motion and all were in favor.
Presentation of “Traffic Safety Hero of the Year “Award from AAA Southern New England to Officer Adam Maccini by Chief James DiGianvittorio – A contingent of active-duty and retired police officers were also present.  Chief DiGianvittorio explained that each year AAA of Southern New England asks Police Departments to submit traffic safety initiatives.  In the past the Department has received awards for its work with the schools with various walking programs.  This year AAA of Southern New England asked the Department to nominate an officer who has gone above and beyond.  The Chief nominated Officer Maccini who works the midnight shift.  Activity on that shift has increased dramatically in the past few years.  Officer Maccini has taken many drivers off the road who should not have been driving.  The Chief read the citation from AAA of Southern New England and the Board congratulated Officer Maccini.
Recommendation of Candidate for Assistant Treasurer/Collector by C.F.O. and Town Accountant Andrew Vanni and Treasurer/Collector, Donald Carter – Mr. Singer wished to note that during the past few months, when the Departments have been under-staffed due to retirements and medical leaves, Mr. Vanni and Mr. Carter have worked very hard to allow the Town to continue to function efficiently.  Mr. Carter introduced Ms. Belinda Young who is currently employed by the Salem Public School lunch program.  She has experience with the MUNIS System that is used by the Town of Middleton.  Ms. Young introduced herself.  She lives in Topsfield and has worked for both the Boxford and Topsfield School Systems.  She has enjoyed working with both those systems and feels that whatever happens in Middleton affects her own town of Topsfield.  She is now looking for a second career and has a goal of eventually becoming a Municipal Treasurer.
Ms. Lindberg made a motion to approve the recommendation to hire Ms. Belinda Young as Assistant Town Treasurer subject to the negotiation of a mutually agreeable contract.  Mr. Houten seconded the motion and all were in favor.
Ms. Young plans to begin work January 7.
Application of R & D Restaurant Inc. d/b/a Dailey’s Restaurant & Pub 245 South Main Street for a Change of Manager for the Liquor and Common Victualler Licenses from the late Michael Dailey to Martha Dailey by Attorney Jill Mann - Ms. Mann explained that as the manager, Mr. Dailey’s, personal representative, Mrs. Dailey is entitled by ABCC regulation to an extension of the license upon the manager’s death.  Ms. Mann passed out copies of the regulation.  Mrs. Dailey has submitted a complete application including a CORI report and a personal history.  She had worked with her husband for thirty years building the business.
Mr. Cresta expressed the Board’s condolences to Mrs. Dailey and his desire to make this difficult time as easy as possible.
Ms. Lindberg made a motion to approve the application of R & D Restaurant Inc. d/b/a Dailey’s Restaurant & Pub 245 South Main Street for the Change of Manager for the Liquor and Common Victuller’s licenses from the late Michael Dailey to Martha Dailey.  Ms. Jones seconded the motion and all were in favor.
Application of WAKI, LLC d/b/a McDonald’s Restaurant, 255 South Main Street for a Change of Manager for the Common Victualler License from Lindsay King Wallin to Rachel Golub by Mr. Robert King, Owner – Mr. King introduced Ms. Golub.  She has worked for him for three years and is a graduate of “Hamburger University”.  She has also held a similar managerial position for the corporation in New Hampshire.
Mr. Cresta reminded the petitioner that he should have received a package from the Building Commissioner regarding the Town’s by-law governing temporary signs.  He asked Mr. King to make sure his business is in compliance.  The by-law, which was approved by Town Meeting, requires that signs be licensed and that they be used for temporary purposes such as advertising daily specials.  Mr. King said he would work to be in compliance and might look at an electronic sign.  Mr. Singer noted that the multiple signs advertising a national brand of coffee are not in compliance.  Mr. Cresta added that the Board did not want to be heavy-handed but everyone benefits from making Route 114 as attractive as possible.  The Town had offered the ability to apply for the license with no fee but that offer expired on December 1st.
Ms. Lindberg made a motion to approve the transfer of the Manager for the Common Victular’s License for MacDonald’s Restaurant 255 South Main St from Lindsay King Walllin to Rachel Golub.  Mr. Houten seconded the motion and all were in favor.
Application for CDM Partners Corp d/b/a Sal’s Pizza, 210A South Main Street to Change Business Name and Manager on Common Victualler License from Darrell Temple, Manager to Gary Wilson, Manager and Business Name to Double N. Inc. d/b/a Sal’s Pizza, Mr. Gary Wilson – Mr. Wilson explained that this had been a franchise but it has been sold back to corporate and will now be run by corporate.  Mr. Houten noted that the petitioners had heard the sign discussion with the previous petitioner.  Mr. Wilson said that he understood.
Ms. Houten made a motion to approve the application for a name change for CDM Partners Corp d/b/a Sal’s Pizza, 210A South Main Street to Double N. Inc. d/b/a Sal’s Pizza and to change the manager on the Common Victualler License from Darrell Temple to Gary Wilson.  Ms. Lindberg seconded the motion and all were in favor.
Review of Marijuana Medical Licensing Zoning Control Options and Timetable - Mr. Cresta noted that Mr. Singer, Mr. Ferrara, Police Chief DiGianvittorio and Health Agent, Mr. Fullerton have been working on this issue.  It seems that though the voters voted in favor of Medical Marijuana, they don’t seem to want the dispensaries in their own towns.
Mr. Singer explained that the legislation passed by initiative petition allows up to 35 facilities state-wide.  The guidance from the state will not be ready until April.  Any amendment to the Town’s Zoning By-Laws requires four to five months and must go to Town Meeting. At this point, it is not known whether the Board of Health will have some additional responsibilities.  There are questions about whether it could be banned completely or must be allowed in some way, such as the requirement for an adult entertainment zone.  Another unknown is how this fits in with Federal Law.  This is a matter that the By-Law Study Committee should look at.  They would make a presentation to the Board of Selectmen for referral to the Planning Board to begin the Public Hearing process.
        No one can apply for a license before the guidance comes from the State in April.  With only 35 licenses state-wide, it is unlikely that a potential licensee would look at Middleton.  Mr. Cresta pointed out that if more towns begin zoning against it, Middleton might look more attractive.
        The Massachusetts Municipal Association is asking for a delay in implementation.  Ms. Lindberg said that though something could be ready for May, the Legislature or the Attorney General could make changes that would affect a by-law.  Mr. Prentakis noted that the ballot question did pass in Middleton.  Mr. Houten expressed his opinion that the dispensaries should be located near medical facilities.  Mr. Prentakis suggested that the zoning could require that.  Ms. Lindberg asked about cultivation since Middleton has farm land.  The law also allows the patient to grow their own marijuana.
        The Board agreed that they should ask the By-Law Study Committee to take up this matter.
Vote to Renew all Alcoholic Beverage Licenses for 2013
Mr. Houten made a motion to renew the Alcoholic Beverages Licenses for 2013 as listed.  Ms. Jones seconded the motion and all were in favor.
Vote to Renew all Other Licenses for 2013
Mr. Houten made a motion to renew all other licenses for 2013 as listed.  Ms. Lindberg seconded the motion and all were in favor
New Business
License Fees - Mr. Prentakis asked when the license fees were last reviewed.  He thinks it has been six years.  He suggested that this be done sometime during the upcoming year.  Mr. Singer noted that the Selectmen should look at the ambulance fees as part of the budget process.  There has been a significant drop in revenue as a result of Federal cutbacks in Medicare and Medicaid reimbursements.  Currently the Town receives around $310,000 annually in ambulance receipts.  Alcoholic Beverages Licenses bring in around $30,000 and all other licenses around $5,000.  Mr. Cresta asked about the license fee for temporary signs.  Mr. Singer said that it is currently set at the $25.00 amount that the Building Commissioner is allowed to assess but that it could also be looked at during the budget process.
Donation for food pantry
Mr. Prentakis said that he had been given a check for the Food Pantry by someone who wished to remain anonymous.
Mr. Houten made a motion to accept a $150 donation for the Food Pantry from a donor who wished to remain anonymous.  Ms. Lindberg seconded the motion an all were in favor.
Adjournment Mr. Houten made a motion to adjourn the meeting.  Ms. Jones seconded the motion and all were in favor.  The meeting was adjourned at 8:35.
Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
Christine Lindberg, Clerk