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Selectmens Meeting Minutes 04/08/2014
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School

April 8, 2014
7:30 PM

Call to Order – Chairman Prentakis called the meeting to order at 7:35.  Also present were Mr. Houten, Ms. Jones, Town Administrator Mr. Singer, and Assistant Town Administrator Mr. Ferrara.
Minutes – Mr. Houten made a motion to approve the minutes of the February 25, 2014 Executive Session, March 25, 2014 Regular Session and the March 27, 2014 Joint Session with the Finance Committee.  Ms. Jones seconded the motion and all were in favor.
Approval of Warrants – Payroll Warrant 1440 totaled $169,009 and contained the monthly part time of $25,630 and overtime of $23,473 for the Fire Department.  The Payables Warrant totaled $852,120 and included $277,473 for Purchase of Power, $306,453 for debt service and $79,046 for the quarterly assessment for the North Shore Vocational School.
        Ms. Jones made a motion to approve the warrants.  Mr. Houten seconded the motion and all were in favor.
        Mr. Prentakis noted that there was a three alarm fire at the Candlelight Motel over the weekend.  This involved more than putting out the fire, since 77 people were displaced. He wished to express the Board’s thanks to the Fire Chief and his department, the Police Chief, the Building Commissioner, the Public Health Director, the Public Health Nurse and Mr. Singer who all spent part of Saturday at the scene.
Town Administrator’s Report
  • Fire at Candle Light Motel – Mr. Singer added that the good news is that no one was injured but unfortunately many for whom this was a permanent residence were displaced.  The Local Emergency Planning Committee was activated.  The Red Cross was on-site to assist those displaced.  There are still families without permanent housing.  Going forward the Town will look at its procedures for responding to such an event.  The Red Cross was a tremendous help.  The facility is shut down.  The Town will be working with the State and its own inspectors to insure that the facility is in complete compliance with life safety codes before it re-opens
Mr. Prentakis also wished to recognize the neighboring Dunkin Donuts and sandwich shop for providing coffee and food to both the responders and the displaced residents.  Ms. Jones added that the School is seeking assistance for the students who were displaced.  They are collecting gift cards for clothes and groceries which will be channeled through the Food Pantry.
  • North Shore Vocational School/Essex Aggie – There is now more information on the debt service plan for the $30 million that will need to be borrowed as the local share of the cost.  Middleton targeted $45,000 in the budget as its share.  Now it looks like it will be $25,600 this year, $34,000 in FY ’16 and climb to the $45,000 in FY ’17.  The proposed plan still needs to be voted on by the School Committee.  The $45,000 number can be amended down on the floor of Town Meeting.  The numbers for the per student assessment are still awaiting final State Aid information which is delayed because of the peculiarities of consolidating the three school
  • Street Acceptances – The layout hearings for the five streets scheduled for acceptance will be on the agenda for the Board’s April 22nd meeting.  The Planning Board will also be reviewing and voting on the street acceptances starting at their meeting tomorrow night.  They will also need to hold a Special Meeting to make their recommendations on the other articles that involve land use activity
  • Blue Fin Restaurant – The Town has received preliminary notice from an attorney that the employees at the Blue Fin are planning on buying the restaurant.  This will necessitate  a transfer of license hearing at a future Selectmen’s meeting.
  • Fuller Meadow Roof Project - On Wednesday representatives from the Massachusetts School Building Authority (MSBA) will be meeting with Mr. Singer, Dr. Creeden and Mr. Greenberg to tour the Fuller Meadow School.  They will be assessing the proposed improvements outlined in the Statement of Interest submitted as part of the preliminary grant application for roof replacement and HVAC upgrades.
  • Chapter 70 – Official notice of the Town’s Chapter 90 Highway funds has been received from the Governor’s office.  The number is the same as last year, $302,000.  Total funding is $200 million rather than the $300 million that was hoped for.  It is fortunate that the Town builds additional funding into the budget so that it can keep up with its repaving and resurfacing plans.  The $125,000 warrant article is definitely needed.
Appointment of Alternate Member of Council on Aging (Letter of interest from Gerald Gove) - Mr. Gove has withdrawn his application.
Opening of Special Town Meeting Warrant for May 13, 2014 for Insertion of Two Articles and Closing of Special Town Meeting Warrant of May 13, 2014 – The two articles on the warrant are:
1)      To fund the snow budget shortfall.  $371,923 was spent.  $242,500 was budgeted leaving approximately $130,000 to be made up.  The source of funding will be Free Cash.
2)      To raise $80,000 to fund a short fall in the amount due to Essex County Retirement Board.  There has been an internal reallocation based on actual salary.  This appropriation will be partially offset by correctly billing the Light Department for its share based on actual salary and use.  This will raise $54,000.  The Finance Committee has requested that this be put on the Warrant. It is an increase in the Unclassified Budget under Retirement Assessment.  Ms. Jones asked if this would also be funded through Free Cash and Mr. Singer said that it would.
        Mr. Houten made a motion to open the Special Town Meeting Warrant and to insert the two articles described above.  Ms. Jones seconded the motion and all were in favor.
Mr. Houten made a motion to close the Special Town Meeting Warrant and to schedule the Town Meeting for 7:25.  Ms. Jones seconded the motion and all were in favor.
Mr. Prentakis read the actual wording of Article 1 and Mr. Houten read Article 2.
Application for a Change of Manager of OptiGolf New England LLC, 216-220 South Main Street, from Nicholas Turczak to Joseph Piemonte, and for a Change of Hours to Extend the Hours of Operation Sunday through Saturday from 10:00 a.m. to 12:00 midnight by Attorney Jill Mann – Ms. Mann introduced Mr. Piemonte.  His resume is in the packet.   He has experience in the field and has gone to school for this type of work.  Ms. Mann explained that they would like an extension of the hours when liquor is served because the business has been doing very well.  It is a very small place.  People come in and have to wait for a golf room.  Last call is 10:30 on weekdays, but the establishment has to stay open until the customers have finished their round of golf and they would like to be able to serve them alcohol.  The hours they are open varies according to the season.  The Board does not have jurisdiction over the hours they are open only the hours during which they serve alcohol.
Mr. Prentakis asked what happened to Mr. Turczyk.  Ms. Mann said that he left without notice and they immediately filed with the Alcoholic Beverage Commission for a change of manager.  Mr. Prentakis asked who the manager was now.  Ms. Mann said that Mr. Turczyk is still on the license but he is not there.  Mr. Piemonte did have some overlap with him.  Ms. Jones asked if they could even serve alcohol on Sunday morning.  Ms. Mann said that it depended on whether the Town had accepted the brunch rule.  There seems to be some uncertainty over whether Middleton had accepted this.  If it had, it could then make a determination by applicant.  Mr. Singer said he would look into that
Mr. Houten made a motion to approve the application of OptiGolf New England LLC, 216-220 South Main Street, for:
1)      A Change of Manager from Nicholas Turczak to Joseph Piemonte, and
2)      A Change of Hours to Extend the Hours of Operation Monday through Saturday from 10:00 a.m. to 12: 00 midnight and Sunday from as early as the sale of alcohol is allowed by Town regulation, until 12:00 midnight.
        Ms. Jones seconded the motion and all were in favor.
Final Review of Annual Town Meeting Warrant and Preferred Order of Articles – Mr. Singer said that he placed the large Stormwater Management by-law near the end so as to hopefully not lose the quorum.  The articles that follow it are routine.  Mr. Prentakis indicated that he liked the stylistic change of having articles that fund multiple items bullet the items.  He feels that there are three articles that will generate discussion:
  • Article 33 - Stormwater Management bylaw
  • Article 32 - Acquisition of the land on Natsue Way and
  • Article 13 – A new Pumper Truck for the Fire Department.
       Mr. Singer pointed out the Frequently Asked Question page following Article 33.  It was put together by the Planning Director Ms. O’Leary.  Mr. Ferrara is working on something similar for Article 32.
The recommendations of the Community Preservation Act Committee are included in the warrant.  The Planning Board recommendations will be distributed on the floor of Town Meeting.  Mr. Prentakis reported that the Finance Committee met last week and recommended all the articles for which their recommendation is required.
The Town Report, containing reports from all the departments, will be included in the warrant.  It could be as large as 75 pages.  The alternative would be to have two documents but that would double the cost of mailing.  
Adjournment – Mr. Prentakis adjourned the meeting at 8:15.
Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
Timothy Houten, Clerk