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Selectmens Meeting Minutes 02/11/2014
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
February 11, 2014
7:30 PM

Call to Order – Chairman Prentakis called the meeting to order at 7:40.  Also present were Mr. Cresta, Ms. Jones, Mr. Houten, Mr. Lindberg, Town Administrator Mr. Singer, and Assistant Town Administrator Mr. Ferrara.
Minutes – Mr. Houten made a motion to approve the minutes of the January 28, 2014.  Mr. Cresta seconded the motion.  Mr. Cresta and Ms. Lindberg abstained.  All others were in favor.
Approval of Warrants – Payroll Warrant 1432 totaled $172,514 and contains the monthly Fire Department Payroll which includes overtime of $25,489 and part-time of $29,346.  The Payables Warrant totaled $906,308.  Approximately one third of that was Purchase of Power of $336,818.  $216,703 was debt service.
        Ms. Lindberg made a motion to approve the warrants.  Mr. Houten seconded the motion and all were in favor.
Town Administrator’s Report
Department of Youth Services Project – Mr. Singer reported that tomorrow there will be a site walk with the Conservation Agent, the Town Planner and representatives from the State agencies involved.  Mr. Ferrara will join them.  The Town does now have a copy of the plans but can’t determine the number of trees slated to be removed without going on-site with the plans.  It is his hope that the State Agencies involved will voluntarily meet with the Conservation Commission to negotiate which trees can be saved.  The Division of Capital Asset Management and Maintenance (DCAMM) has indicated that it is eager to start the work.  However, Mr. Singer feels that since they so recently provided the Town with the plans, the Town needs at least three weeks to look at them and make recommendations.
Appointment of Alternate Member of Council on Aging, Barbara Sanborn
Mr. Houten made a motion to appoint Ms. Barbara Sanborn as an Alternate Member of the Council on Aging for a term expiring June 30, 2014.  Ms. Lindberg seconded the motion and all were in favor.
Request to Re-Name Street in Subdivision at 64R East Street by Jon and Catherine Maidment, and Eleanor Champlain as co-Trustees of Elle M Dunn Trust, Attorney Jill Mann. (correction of duplicate named street from meeting on January 28, 2014) – At the last meeting, this street was given the name Griggs Road.  It was then found that this name had been assigned to a proposed street off Peabody St.  It was proposed that the street be named after long time member of the Board of Assessors, Pat Ohlson.  She also served on the Elementary School Committee.
Mr. Houten made a motion to name the street in the new Subdivision at 64R East Street Ohlson Way.  Ms. Lindberg seconded the motion and all were in favor.
Approval and Acceptance of Grant of Restriction Limiting Discharge of Dredged and Fill Material at Lot 4, 0, School Street, Middleton, MA – Attorney Jill Mann represented the developer, Mr. Phil Colosi of PC Development.  Whenever it is necessary to fill wetland to access a lot, the Department of Environmental Protection requires that a deed restriction be placed on the property.  It has just come to light that these restrictions are only good for thirty years, unless approved and accepted by both the Conservation Commission and the Board of Selectmen.  750 sq. ft. of wetland was filled with the approval of the Conservation Commission.
Mr. Houten made a motion to approve and accept the Grant of Restriction limiting the discharge of dredged and fill material at Lot 4, 0, School Street.  Ms. Lindberg seconded the motion and all were in favor.
Appointment of Thomas Martinuk as Acting Fire Chief– Chief Twiss has been required to take a medical leave.  An Acting Chief is needed to carry on the day to day operations of the Department.  Captain Martinuk is willing and able to step up.  He joined the Department in 1986 and became a full time firefighter in 1998.  He has undergraduate degrees in Business and Fire Science and a Master’s Degree in Public Administration.  
        Mr. Cresta made a motion to appoint Captain Thomas Martinuk as Acting Fire Chief for an indefinite period.  Ms. Jones seconded the motion and all were in favor.
Recommendation to Appoint Anthony Torra of Reading, MA as Local Building Inspector (to fill vacancy created by resignation of Gerard Noel) – Mr. Ferrara introduced Mr. Torra.  Mr. Torra is a graduate of the University of Lowell.  He has worked in the construction industry for 30 years, primarily building single family homes.  He is currently working on his State Certification.  Mr. Torra said he is looking for a part time job close to his home in Reading.  He is keeping his current business but has good employees to run it.  He is not looking to be a full time inspector.  He feels he brings the ability to see the inspector’s job from the other side.  He emphasized the importance of showing up for inspections as promised.  He has held a constructions supervisor’s license for thirty years, which he is in the process of renewing.  There is now a requirement to take continuing education courses for this renewal and he feel that the classes have been very worthwhile.  Mr. Singer asked Mr. Torra to acknowledge that in the interview process he had said that he would not be doing any work in Middleton.
        Mr. Cresta made a motion to appoint Anthony Torra of Reading, MA as a Local Building Inspector for a term ending June 30, 2014 and subject to renewal.  Ms. Lindberg seconded the motion and all were in favor.
Vote to Approve FY 2014 Statement of Interest (SOI) Application to Massachusetts School Building Authority for Fuller Meadow Roof & Window Replacement Project - Mr. Prentakis noted that it was only the older part of the building that was in need of a new roof.  Mr. Singer added that as part of the process the MSBA would assign both an Owner’s Project Manager (OPM) and a designer to work with the Town to develop a scope of work.  The application requires a vote by both the School Committee and the Board of Selectmen authorizing the Chair to sign the application.  Mr. Singer believed that the School Committee had voted to approve the SOI at their meeting on Monday, February 10, 2014.
Mr. Houten made the following motion:
Resolved: Having convened in an open meeting on February 11,2014, prior to the closing date, the Board of Selectmen, School Committee of Middleton in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated January 31,2014 for the Fuller Meadow Elementary School located at 143 South Main Street, Middleton, MA 01949 which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future replacement, renovation or modernization of school facility roof and window systems, to increase energy conservation and decrease energy related costs in the school facility.; and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town to filing an application for funding with the Massachusetts School Building Authority.
Ms. Lindberg seconded the motion and all were in favor.
Opening of the May 13, 2014 Annual Town Meeting Warrant
        Ms. Jones made a motion to open the May 13, 2014 Annual Town Meeting Warrant.  Mr. Houten seconded the motion and all were in favor.
Vote to Insert into Annual Town Meeting Warrant Proposed Stormwater Management Bylaw and Illicit Discharge Bylaw – Mr. Prentakis explained that these by-laws are required by the Environmental Protection Agency and are good practice.  A Joint Public Meeting was held by the Planning Board and Master Plan Committee.  The Planning Coordinator put together the by-laws and presented it to the Joint Meeting.  Two changes were proposed as a result of the meeting:
        1)      The authority to promulgate regulations should rest with the Planning Board.
        2)      Any appeals from the Stormwater Management Authority’s decisions should be made to the Planning Board.
        He added that the Stormwater Management Authority consists of five Town Officials: the Planning Coordinator, the DPW Director, the Building Commissioner, the Health Agent and the Conservation Agent
        Mr. Houten made a motion to insert into the Annual Town Meeting Warrant the Proposed Stormwater Management Bylaw and Illicit Discharge Bylaw with the above noted changes.  Ms. Lindberg seconded the motion and all were in favor.
Mr. Singer added that since this is a General By-Law rather than a Zoning By-Law, no additional Public Hearing is required though they will also be included in the Public Budget Hearing.  Town Meeting serves as the Public Hearing.  A General By-Law only requires a simple majority to pass at Town Meeting.  Zoning By-Laws require a formal hearing process, notice to abutters and other interested parties as well as a two thirds majority at Town Meeting.
Vote to Refer the Street Acceptance Petitions of Dolan Drive, White Lane, and Smith Crossing Subdivision (for Ross Lane and Warren Drive) to the Planning Board
Mr. Houten made a motion to refer the Street Acceptance Petitions of Dolan Drive, White Lane, and Smith Crossing Subdivision (for Ross Lane and Warren Drive) to the Planning Board with the intent to lay out the above named ways as public ways under MGL Ch. 82- 21.  Ms. Jones seconded the motion and all were in favor.
Mr. Prentakis noted that this is the procedure under the Roadway Acceptance Program that the Board accepted at the first meeting in January. Mr. Singer added that the process now has start and end points and fixed procedures so there shouldn’t be the situation of the matter arriving at Town Meeting without a recommendation from the Planning Board.
Vote to Refer Amendments to Increase Membership on the Industrial and Commercial Design Review Committee and to Section 4.0 of the Middleton Zoning Bylaw related to Dimensional Requirements to the Planning Board under Chapter 40, Section 5C of the Massachusetts General Laws
1)      Mr. Prentakis explained that the Board currently has three regular members and one alternate.  The proposal is to increase the alternates to 2, in order to facilitate having a quorum.
Mr. Cresta made a motion to refer the amendment to increase the membership on the Industrial Design Review Committee to the Planning Board.  Mr. Houten seconded the motion an all were in favor.
2)      Mr. Houten said that at its meeting last night, the By-Law Committee had recommended the proposed changes to section 4.0 of the Middleton Zoning By-Law.
Mr. Houten made a motion to refer the amendment to Section 4.0 of the Middleton Zoning Bylaw related to Dimensional Requirements to the Planning Board under Chapter 40, Section 5C of the Massachusetts General Laws
New Business
        An e-mail has been received from Senator Tarr asking for the Town’s legislative priorities.  Mr. Prentakis said that he would like to see another $25 million transferred to the CPA Trust Fund from tailings such as happened last year.  Mr. Singer added that there are always concerns about the circuit breaker for Special Education.
Adjournment – Ms. Cresta made a motion to adjourn the meeting.  All were in favor.  The meeting was adjourned at 8:40.
Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary