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Selectmen Meeting Minutes 08/13/2013
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
August 13, 2013
7:30 PM
Call to Order – Chairman Prentakis called the meeting to order at 7:40.  Also present were Ms. Jones, Mr. Houten, Town Administrator Mr. Singer, and Assistant Town Administrator Mr. Ferrara.
Mr. Prentakis asked for a moment of silence for David Cowie and Rita Kelly.  Mr. Cowie was a long time member and current chair of the Council on Aging.  He also worked in the Town Administrator’s office under the Senior Tax Work-of program.  Ms. Kelly was a long-time resident of Middleton.  She worked at the Library and at Howe-Manning School.  She was very active in the Historical Society and started its local history program for the schools.
Minutes –Mr. Houten made a motion to accept the minutes of the July 23rd meeting.  Ms. Jones seconded the motion and all were in favor.
Approval of Warrants – Payroll Warrant #1406 was presented totaling $118,286.  Payables Warrant #1406 totaled $2,151,143 and included $1,456,233 for the debt service for the new Howe-Manning School.  This includes the $688,000 payoff of the temporary loan or Bond Anticipation Note (BAN) that the Town took out in anticipation of the MSBA close-out.
On July 31st, Mr. Singer and Tri Town Superintendent, Dr. Creeden, were present when the Massachusetts School Building Authority Board unanimously voted to approve the audit of the School Building project, The Town has received $11,663,450 in grant payments.  This enabled the town to pay off the BAN.  Mr. Singer added that the Town was successful in closing out the project within budget.  The MSBA has done what it said it would do and reimbursed the Town as the expenses were incurred.  Middleton is only the second project completed under the new program.  Previous school projects could take eight to ten years for reimbursement to be made.  Any remaining issues with the project will now belong to the School Department.  The School Building Committee and the MSBA will be invited to the September 10th Selectmen’s meeting.  Mr. Singer also invited State Treasurer Steve Grossman to visit the Town and tour both schools at some time in the future.
Mr. Houten made a motion to approve the warrants.  Ms. Jones seconded the motion and all were in favor.
Town Administrator’s Report
       Maple St. 40B project – The packet contains the draft of the Massachusetts Housing Finance Trust’s audit report the Maple St. 40B project.  The Board of Selectmen has an opportunity to comment on the draft.  If the audit shows that the project exceeded the allowable profit, the excess goes back to the municipality to be used for affordable housing.  It does appear that the profit for this project is well within the allowable 20%.  The Board has two weeks (August 28th) to comment.
       West Nile Disease – Mr. Singer read the Board of Health Press Release.  This is the first time in many years that this virus has been found in a mosquito in Middleton.  It was found in a trap near the Danvers Water Treatment Plant.  Spraying has been completed in that area and residents are urged to take precautions against mosquito exposure.  A hard frost will end the threat.
       Medical Marijuana Moratorium – The Attorney General’s office has approved without conditions the actions of the May Town Meeting in instituting a moratorium on the siting of medical marijuana dispensaries.  The Town may bring forth more permanent regulations.
       Teacher Contract – Mr. Singer congratulated the School Committee and the Middleton Teacher’s Association for successfully negotiating a new three year contract.  The contract will include an increase in the school day of 15 minutes.
Appointment of Board of Appeals Alternate Members – There are two candidates for the two openings on the Board of Appeals.  They are Anne LeBlanc-Snyder who has most recently served as vice chair of the Middleton School Building Committee and Richard Nazarro who previously applied for a position on the Middleton Housing Authority.
        Mr. Houten made a motion to appoint Anne LeBlanc-Snyder and Richard Nazarro as alternates to the Zoning Board of Appeals for terms ending June 30, 2014.  Ms. Jones seconded the motion and all were in favor.
Presentation of Plans to Build Department of Youth Services Regional Office and Detention Facility at Middleton Colony within Danvers State Hospital Property off Gregory Street
        The following individuals represented the project:
Philip Schreibman, Project Manager, Division of Capitol Asset Management (DCAM)
Michael Lambert, Director of Design & Construction, DCAM
Crystal D. Collier, Deputy Commissioner, Department of Youth Services (DYS
John E. Brennan, NE Regional Director, DYS
Joseph Hogan, Director of Capital Planning and Facilities Management
John LaRose, Senior Project Manager, Dimeo Construction
Ned Collier, Principal, Director of Higher Educational Practices, ICON Architecture
Also present were Representative Ted Speliotis, Matt Cocciardi representing Representative Jones’ office and A.J. Paglio representing Senator Tarr’s office, as well as many residents who live in the neighborhood of the project.
Mr. Prentakis noted that this project has been planned for a long time.  There have been numerous meetings between DYS, DCAM, Mr. Singer, Mr. Houten representing the Board, and Middleton’s public safety and inspectional staffs.  He noted that like all state projects, this project is not subject to local review or by-laws, so he expressed his appreciation to the project representatives who are here in the spirit of being good neighbors.
        Mr. Lambert introduced Mr. Collier from the design firm to describe the project.  Mr. Collier explained that the new building will be built on same site as current building.  It is a 72,000 sq. ft. 2 story residential youth center.  It will be LEED certified, at a minimum of a silver level.  It has been sited to take advantage of solar exposure and has potential for photovoltaic electric generation and solar hot water.  The building will house the regional administrative offices of DYS.  It will also accommodate 45 DYS clients in three wings of fifteen rooms each.  There will also be visitor facilities, health services, education and food service as well as a gymnasium.
        The new building will occupy the site of the current building and will face west.  The regional offices will be entered from the south.  The dense line of trees on the north side of the building will actually be thickened to screen the building from the weather as well as the view.  It abuts the agricultural land.  A storm water management basin will handle all storm water on the site.  The lighting has been designed so there will be no spill of artificial light from the site.  The building will be sheathed in brick, clapboard and shingle so as to have a residential look.  Mr. LaRose of Dimeo Construction will be overseeing the project.  Dimeo is currently reviewing the design.  They will begin October 1st with the demolition of the existing structure.
Mr. Lambert asked Mr. LaRose to talk about the construction.  Mr. Rose explained that new construction will begin around mid-November and will take about 24 months.  At the peak of construction, 150 workers will be on-site.  Work hours will be Monday through Friday, 7:00 AM to 3:30 PM.  Delivery trucks will come up Route 95 to Route 62 and then down Gregory St.  All workers will park on site.  Some material deliveries will take place during the day.  There will be security fencing around the entire perimeter.  Dust mitigation will consist of daily watering and street sweeping.  There is a 650’ buffer from the building proper to Gregory St.  There will also be truck washing facilities on-site. The existing water main from Gregory St. will also be cleaned and relined.  This will require some excavation on Gregory St.  A new gas line will be run from Route 62 in the spring or summer of 2014.  This may offer an opportunity for nearby residents to obtain gas service.
        Mr. Prentakis asked for someone to speak about the program that will be sited there and the type of client.  Mr. Brennan (DYS) described the use of the facility.  There are three classes of clients:
1)      Individuals being held for pre-trial detention - These are individuals that are waiting to go back to court.  Their average stay is 21 days.
2)      Individuals under Revocation - This is a committed population being held for 120 days to develop treatment plan.  They are there for assessment waiting to be placed.
3)      Those being held for secure treatment. - Their average stay is eight to twelve months.
        This is a highly structured program.  There is very little free time.  The staffing ratio is 4 to 1.  There is a full time school program, licensed clinicians and well established vocational class rooms.  The goal is to create law abiding citizens.  The current population is 30.  This will go up to a maximum of 45.  The facility has been at the current location for 40 years and the type of population has not really changed.
        Mr. Prentakis asked what types of recreation will be available.  Mr. Brennan answered that there would be outdoor tracks, basketball courts, handball courts, a fitness center and a full gymnasium.  Mr. Prentakis asked it these facilities could be available the public.  Mr. Brennan said that it would be difficult to use the facilities within the fenced in area but there might be some possibility for using the gymnasium.
        Mr. Houten asked when the clients and staff would be relocated.  Mr. Brennan said that the clients were gone in March and that the staff would be moving to Beverly in September.  They will not come back until after the project is complete.  Mr. Prentakis asked about the number of staff.  Mr. Brennan said there were 100 staffers working three shifts.  Mr. Collier added that the parking was sized for the population.
        Ms. Jones asked them to consider an alternate truck route that would bring the vehicles through the Hogan Center rather than down Route 62 and Gregory St.  Mr. Singe agreed noting that this would keep them on state property for a large portion of the route.  Mr. Lambert agreed to look into that.
        Jack Griffin of 4 Deacon Dr. asked what kind of charges had been brought against these clients.  Mr. Brennan explained that like adults, there are six levels of offense.  70 – 80% of the clients are charged with level 1 or 2 offenses, which are the lowest levels.  
        Mr. Griffin asked if the windows facing Deacon Dr. will be closed.  Mr. Brennan feels that no sound will pass in that direction.  He added that the recreation facilities are on the other side of the building.  Mr. Singer noted that the Town was sensitive because of noise problems from the Essex County House of Corrections.  Mr. LaRose explained that the clients will be housed on the second floor.  Those windows will be secured and there will be air conditioning.  Mr. Griffin asked how tall the building would be.  Mr. Collier answered that it would be 35 feet.
        Mr. Houten pointed out that the trees that screen the facility are very important.  The facility currently cannot be seen from the road.  Mr. LaRose said that some trees will have to be removed since the new building is larger than the old, but the landscape plan calls for replacing trees in kind.  Trees will also have to be removed for the detention pond.  Mr. Collier said that some of the filler trees will be removed and replaced with evergreen trees.    Mr. Collier went over the various areas where there will be some tree removal.  The most significant will be the tree removal on the west side to accommodate the detention basin.  More of the facility will be visible for five to ten years until the trees go in.  Mr. Lambert said that they will look at the landscaping plan and also at the height of the berm and try to come back with a better plan.
Mr. Singer asked if the former superintendent’s home which is a Department of Mental Health (DMH) facility will be incorporated into this facility.  Ms. Collier (DYS) said there is no plan to incorporate the DMH facility into this facility.
Abutter Carrie Gallini of 23 Gregory St. lives on the corner of the access road and can see the building from her back yard.  She is concerned that there should be some attention paid to the view for the neighbors.  Mr. Lambert said that there would be a berm there.
Ms. Jones asked that every effort be given to maintaining any trees that are 10’ to 12’ or more in diameter. This will be particularly important in the area of the detention pond which is more visible to the neighbors.
Cheryl Dyment of 9 Gregory St. asked if 45would be the maximum number of residents.  Mr. Brennan said that would be the maximum.  She asked if other individuals would be coming there for treatment.  Mr. Brennan said that they would not.  She asked what kind of signage there would be on Gregory St.  Mr. Lambert said there is a plan for a sign with landscaping at the entrance.  He added that a rendering would be part of the landscape plan that they are intending to come back to the Board with.  She also asked if she would be able to continue to walk her dog on the access road.  He assured her that it would be all right after construction is complete.
Mr. Singer noted that of the 155 acres on that site that is in Middleton, 120 acres are farmed.  Middleton is accustomed to this open space and he would like to see the continued use of it.  Perhaps a walking path outside the perimeter could be established.  Ms. Griffin said that she would like to see sidewalks.  Mr. Singer said that paving Gregory St. would be on the table.  He would like the public infrastructure improved.
Mr. Prentakis introduced Representative Speliotis.  He noted that the berms at the Rte. 62 and Rte. 128 intersection are higher than the houses and have trees on top.  They are much better looking than a wall.  He added that people do want gas service and that expanded gas lines would be appreciated.
Ms. Griffin asked about the septic system.  Mr. LaRose said the site was tied into the Southern Essex Sewer District (SESD) so there would be no septic system.  She also asked about the solar panels.  Mr. Collier if they decide to add them they would go on each wing facing south and the roof of the gymnasium would accommodate the solar hot water panels.
Mr. Griffin asked about extending the gas line to Deacon Dr.  Mr. Singer said that the Town could make that request of National Grid.’
Ms. Griffin asked if 45 is a guaranteed number.  Mr. Brennan answered that that is what the facility is designed for.  If there were more clients, DYS would have to come back for an expansion.  At this time, their numbers are low.  Ms. Collier said that overcrowding would be a problem for both clients and staff.  DYS is also concerned about site lines because they have an obligation to protect the privacy of the juvenile clients and their families.  
Mr. Prentakis asked when the Board could expect to see the new landscaping plan.  Mr. Lambert said they could come back in a month and will bring the landscape architect.  Ms. Jones added that she would like to see the lighting plan.  Mr. Singer said that he would send DCAM the site plan review that the Town requires of other applicants.
        Mr. Dennis O’Brien of 9 Gregory St. added his support for the alternate truck route.  He also stressed the importance of providing safe walking routes since Gregory St. is a dangerous Road.
Fire Chief Twiss commended the design team.  They met with first responders and the local inspectors who made a number of recommendations.  These included insuring that the elevators could accommodate stretchers and that Middleton’s ambulances could easily use the main entry way.  They also reviewed the evacuation plan and looked at the individual rooms. They also recommended opening the mail in a remote location in case of the receipt of a contaminated piece of mail.
        Mr. Singer commented on the condition of the perimeter road.  He asked if it would be rebuilt.  Mr. LeRose said that the current plan is to reclaim and repave a portion of the way.  Mr. Singer feels they should look at reconstructing the entire road.
Ms. Griffin asked what kind of hazardous materials were present in the building to be demolished.  Mr. LaRose said that there was asbestos, lead paint and PCBs.  They would be removed prior to demolition according to EPA and DEP rules.  Hazardous abatement takes place before demolition. This will take about. 30 days.
Ms. Gallini asked about the water main.  Mr. LaRose answered that there would be a new line from Gregory St. down the access road to create a loop so there will be two access points.  Mr. Singer asked him to review the hydraulics with the Department of Public Works.
Mr. Prentakis thanked all participants.  He said that Mr. Singer will send the participants a list of the issues discussed tonight.  He looks forward to a meeting with the landscape architects and will be sure the neighbors are notified of that meeting.  He then called for a brief recess.
Request to Donate 1,845 Square Foot Parcel of Land on Mill Street Extension (known as Parcel G) to the Town from Brian Rooney in behalf of the Collins-Labaree Realty Trust
Mr. Houten made a motion to accept the donation of the 1,845 Square Foot Parcel of Land on Mill Street Extension (known as Parcel G) from Brian Rooney in behalf of the Collins-Labaree Realty Trust.  Ms. Jones seconded the motion and all were in favor.
Vote to Award Contract for Independent Auditing Services to Sullivan, Rodgers, and Company LLC of Burlington, MA for Three Year Contract covering FY 2013-FY2015 Audits – George Dow of the Finance Committee, who was a member of the search committee was also present.  Mr. Ferrara explained that a request for Proposals went out in June.  Five responses were received.  The committee (Mr. Dow, Mr. Cresta and Mr. Ferrara) met on July 17th to evaluate them.  The technical proposals were evaluated separate from the price proposals.  All the proposals met the basic criteria.  They were then graded on a scale of 1 to100.  References were then checked on the three highest ranking firms.  On July 21st, the Committee met again.  They found that the highest ranking firm was also the highest cost proposal.  They were able to negotiate the price down by $8,000.  There is also a price for a single audit which would be triggered if the Town were to receive $500,000 or more in Federal grants..  Mr. Ferrara also commended the previous auditor and the members of the search committee.  The Committee recommends that the Board award the contract to Sullivan, Rodgers, and Company LLC of Burlington, MA.
Mr. Houten made a motion to award the contract for Independent Auditing Services to Sullivan, Rodgers, and Company LLC of Burlington, MA for three years covering the FY 2013-FY2015 Audits.  Ms. Jones seconded the motion and all were in favor.
Notice from Massachusetts Housing Finance Agency Offering Opportunity to Comment on Draft Report for Cost Examination of Maple Street Condominiums Pursuant to M.G.L. Chapter 40B through Letter of 7-23-13 from Gina Dailey, Director of Comprehensive Permit Programs of MassHousing – This matter was covered in the Town Administrator’s Report.
Discussion of Promulgation of Rules and Regulations for Taxis and Limousine Livery Services Pursuant to M.G.L. Chapter 40, Section 22 – Mr. Singer noted that over twenty years there have been two or three companies providing services in Middleton.  The Town has never promulgated regulations as it could have under statute.  There were recently problems in Danvers.  There may be unlicensed livery services operating in Middleton.  There are currently no local permitting requirements.  
Mr. Prentakis expressed his opinion that the Town should have some basic regulations so that it at least knows who the operators are and that the vehicles are safe.  He does not want to see anything onerous.  Ms. Jones added that other communities have regulations that work and the Town should look at them.  Mr. Singer said that he would bring some examples back to the Board.
Adoption of North and South Main Street Construction Detail Rate for One Year MDOT Repaving Project – Mr. Singer has had some discussion with the Department of Transportation.  They do not pay for the overhead associated with construction details.  This project could involve $100,000 in detail wages and another $15,000 in overhead.  
Mr. Houten made a motion to set the North and South Main Street Construction Detail Rate for One Year MDOT Repaving Project at $53.00 per hour.  Ms. Jones seconded the motion and all were in favor.
New Business
Maggie’s Farm – Mr. Singer said that he is still getting calls about parking on Meadow Dr.  He feels that another meeting might be necessary.  Mr. Prentakis said that the Board should wait until after the lot is re-striped.
Adjournment - Mr. Houten made a motion to adjourn the meeting.  All were in favor and the meeting was adjourned at 9:40.
Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary

Timothy Houten, Clerk