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Selectmen Meeting Minutes 04/22/2014
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School

April 22, 2014
7:30 PM

Call to Order – Chairman Prentakis called the meeting to order at 7:35.  Also present were Mr. Cresta, Mr. Houten, Ms. Jones, Ms. Lindberg, Town Administrator Mr. Singer, Assistant Town Administrator Mr. Ferrara, DPW Superintendent Mr. LaBossiere and Planning Coordinator Ms. O’Leary.

Minutes – Mr. Houten made a motion to approve the minutes of the April 8,, 2014 Regular Session.  Ms. Jones seconded the motion.  Mr. Cresta and Ms. Lindberg abstained. All others were in favor.

Approval of Warrants – Payroll Warrant 1442 totaled $115,922.  The Payables Warrant totaled $461,849 and included $184,918 for Purchase of Power, and $143,073 for the monthly health insurance payment.
        Mr. Houten made a motion to approve the warrants.  Ms. Jones seconded the motion and all were in favor.

Town Administrator’s Report
        Mr. Singer asked for a moment of silence in memory of Al Luongo.  He moved to Town after his retirement and was very instrumental in negotiating the second cable contracts             under which Middleton got a studio so public meetings could be broadcast.  Ms. Jones remembered how much joy he took in being a member of this community.
  • The Annual Town Meeting Warrant has been delivered to the printer.  The plan to combine it with the Annual Town Report did not work.  At 300 pages, it was just too big.  500 copies were printed and will be available at the Library and at Town Hall as well as at Town Meeting.  Both the Warrant and the Town Report will be available online.  The Warrant should be mailed in about a week and a half.
  • Mass Highway Grant – The Town has received a grant for $45,283 from $40 million in recovery funds because of the bad winter.  The money must be spent for maintenance and repair.  There is also a requirement that it be spent by the end of June but that is under discussion.  Mr. LeBossiere expects to use the money for patching, painting and crack sealing.  Half of the money will be used for crack sealing.  There was a lot of damage on newly paved roads.  King St., Mount Vernon St. and Liberty St all were damaged by the severe winter.  This was not on the Town’s five year capital plan.  Mr. Cresta said the question will be can the Town get its contractors given the short timeframe and the fact that so many other Towns will be getting the same grants with the same time constraints.  Mr. Singer pointed out that the Town belongs to a consortium and has contracts in place.  However, scheduling those contractors might be a problem.  Mr. LaBossiere believes the timeframe for the grant will be extended to November 30th.  This money has to be kept separate from regular Ch. 90 money.  Mr. Prentakis asked about street sweeping.  Mr. LaBossiere said it was about half complete.  The Town only gets one sweeper from the contractor.
  • Massachusetts School Building Authority (MSBA) tour of Fuller Meadow School – Representatives of the MSBA visited the School in response to the Town’s Statement of Interest in the Accelerated Repair Program.  MSBA received 116 Statements of Interest.  It appears that only the roof repairs will qualify.  The windows are not in bad enough shape.  If invited into the program, the Town will be required to put up the money for the feasibility study.  MSBA has pre-selected Design Consultants and Owner’s Project Managers who they will assign to the project.  Money for the feasibility study would have to be appropriated by the May 2015 Annual Town Meeting.  MSBA will not allow anything to be added to the project even if the Town completely funds it.  The Town should receive more information in June
Discussion of Acceptance of Local Option to Permit on Sundays, the last Monday in May and on Christmas Day or on the day following when said day occurs on Sunday the Sale of On-Premise Alcoholic Beverages beginning at 10:00 a.m. as permitted by Massachusetts General Laws Chapter 138, Section 33B at the request of OptiGolf -  Attorney Jill Mann represented OptiGolf.  Mr. Prentakis noted that at the last meeting there was a question of whether Middleton had adopted the State Law that allows alcohol to be served at 10:00 AM on Sundays.  It had not and Ms. Mann would like her client to be able to serve on Sunday morning since they do have customers who would like that service.  Ms. Jones expressed her opinion that noon was sufficient.  Ms. Lindberg pointed out that the ability to serve before noon enables restaurants to offer a brunch option.  Ms. Mann added that neighboring communities do allow Sunday morning alcohol sales and not offering that puts Middleton businesses at a disadvantage.
Mr. Houten made a motion to adopt Massachusetts General Laws Chapter 138, Section 33B allowing the sale of alcohol before noon on Sunday.  Ms. Lindberg seconded the    motion.  The vote was 4-1-0 with Ms. Jones voting in the negative.
Mr. Houten made a motion to approve the request of OptiGolf to serve alcohol starting at 10:00 AM on Sundays.  Ms. Lindberg seconded the motion.  The vote was 4-1-0            with Ms. Jones voting in the negative.

Application for Change of DBA for 245 Middleton Pub Corporation d/b/a Dailey’s Restaurant & Pub to 245 Middleton Pub Corporation d/b/a Hailey’s Restaurant & Pub, 245 South Main Street by Joseph Devlin, Attorney for Middleton Pub Corporation – Mr. Demakis who owns the restaurant explained that he wishes to change the name to Hailey’s because that is his daughter’s name.  He added that the restaurant will close for a few weeks for extensive renovation.  In particular he intends to separate the bar area from the dining room.
        Mr. Houten made a motion to approve the application for a change of DBA for 245 Middleton Pub Corporation d/b/a Dailey’s Restaurant & Pub to 245 Middleton Pub Corporation d/b/a Hailey’s Restaurant & Pub, 245 South Main Street.  Ms. Lindberg seconded the motion and all were in favor.

Vote to Lay Out the Following Streets as future Public Ways under Massachusetts - General Laws, Chapter 82, Section 22;
        The streets are:
Woodward Road which is off River Street,
Dolan Drive which is off Liberty Street,
White Lane which is off Boston Street, and
Ross Lane and Warren Drive which are off Peabody Street.
        Planning Coordinator, Katrina O’Leary explained the process.  In November, the Planning Board decided to offer incentives to four developments to encourage them to file the necessary petitions for acceptance of their roads.  Shortly after that, the Board of Selectmen approved the Roadway Acceptance Policy which clarified the requirements and set forth the steps necessary for a developer to apply for acceptances.  It also included timelines.  In January four petitions were received.  The Planning Board held its first Public Hearing in March.  There was still snow on the ground in March and staff could not get out to do the proper inspections so the hearings were continued to April.  By the April meeting, the DPW Superintendent had approved all four projects as had the Police Chief and the Fire Chief.  The Planning Board voted to recommend acceptance of Woodward Dr., Dolan Dr. and White Lane.  However there were only three members present and one felt that he had a conflict so the Planning Board continued the hearing on Smith Farms until May 7.  
Ms. O’Leary gave some more detail on each road:
Woodward Dr. is off River St and contains five lots.  They are all built on.  The as-built and acceptance plans have been approved and the Planning Board has sent a letter to the Selectmen recommending that the Town accept the road.
Dolan Dr. is off Mill St.  It has five lots but 3 are duplexes.  The DPW Superintendent has approved the as-built and acceptance plans and the Planning Board has recommended that the Town accept Dolan Dr.
White Lane is off Boston St.  There are six lots.  Five of them have been built on.  The DPW Superintendent has also approved the as-built and acceptance plans and the Planning Board has recommended that the Town accept White Lane
Ross Lane and Warren Dr. are located off Peabody St.  There are 17 lots and one is left to be built on.  Again, the DPW Superintendent has approved the as-built and acceptance plans.  The Planning Board will vote at its May 7th meeting.  Hopefully, the Conservation Commission will have issued the Certificate of Compliance by then.  They will meet on April 29th.  The Planning Board will vote May 7th.
Tonight the Board of Selectmen will hopefully vote to lay out the streets.  The layout plans have to be at the Town Clerk’s office by May 6th.  The Planning Board will report its recommendations to Town Meeting and the DPW superintendent will also report to the Town Meeting.
Mr. Prentakis asked if the layout was on the plan. Ms. O’Leary explained that the as-built show what is on the ground.  The layout plans show what will be recorded and indicates the land that the Town will own if it is accepted.
Ms. Lindberg noted that the article in the Warrant says Woodland rather than Woodward.  That will have to be amended at Town Meeting.
Mr. Houten made a motion to lay out all five streets, Woodward Road, Dolan Drive, White Lane, Ross Lane and Warren Drive.  Ms. Lindberg seconded the motion and all were in favor.

Approval of Deed Restrictions Requested by Conservation Commission to Prohibit the Filling of Wetlands within Two Subdivisions located off East Street (East Meadow Farm and Ridgewood Estates) Presented by Attorney Jill Mann – Attorney Mann explained that this was similar to the action the Board took a few months earlier for another sub-division.  The Department of Environmental Protection (DEP) requires that the deed restriction, which prevents further filling be accepted by the Conservation Commission and the Board of Selectmen in order to be in effect in perpetuity.  The restrictions have already been approved by the Conservation Commission
        Ms. Lindberg made a motion to approve the deed restriction preventing the filling of wetlands within two Subdivisions located off East Street (East Meadow Farm and Ridgewood Estates).  Ms. Jones seconded the motion and all were in favor.

Discussion of Status of Water Coloration Issues at Cobblestone Estates at the Request of Board of Trustees and Update from DPW Superintendent Robert LaBossiere Regarding Interim Measures – Mr. David Mader of 7 Peachey Circle, who is a member of their Board of Trustees, represented Cobblestone Estates.  Mr. Mader explained that his objectives tonight are:
_       to reconfirm the concerns and experiences they have had,
_       to go over the status of the efforts to define where the problem comes from and the strategies to address them and
_       to communicate that they are willing to help in any way they can.
Two years ago, the residents came to the Town noting that their water was rusty and sometimes had visible particles in it.  They also noted staining of fixtures, a black slimy substance in their faucets and yellowing of laundry.  Iron and magnesium were found in the water.  It is deemed safe to drink but many residents buy bottled water.  Some owners have put in filtration systems or are looking into such systems.  He had heard that residents of Riverside Condominiums have similar problems.  He understands that the problems stem from their being at the end of a main rather than on a loop, so sediment accumulates.  He noted the on-going work at the Danvers Water Treatment Plant including ozone introduction.  Middleton Pond is inherently high in both iron and manganese.  He also understands that the substitution of another chemical for the chlorine and aeration may be factors.
Mr. Mader added that he has had very good communications with Mr. LaBossiere and his staff.  He also understands that the answer to the problem may not be in Middleton’s capability to solve.  Hydrant flushing does have a positive effect but further work is necessary to get better feedback about the timing of the flushing and the impact within the complex.  He and the other residents are here tonight to get an update on what is being done and to know that the Board of Selectmen is engaged in solving the problem.
        Mr. Prentakis commented that there are two issues: what is going on at the Water Treatment Plant which is controlled by Danvers and the distribution system which is Middleton’s responsibility.  Communications are not always what they should be.  
        Mr. LaBossiere reported that he had met with the Trustees at the Water Treatment Plant.  Representatives from Danvers Water were supposed to be there but Danvers cancelled without notifying Middleton.  He thought he had good communications with the Property Manager at Cobblestone, but found out that the water was not clearing up as much as he had been led to believe.  The problem returned after a few days and Mr. Mader agreed that they had not communicated that it wasn’t clearing up that well.  Mr. LaBossiere said that he would begin to communicate directly with the Trustees every week and do water testing weekly.
Mr. LaBossiere said that he had had lengthy discussion with the Town’s Water Consultant and went through a protocol of what to test for.  However, the consultant is unable to answer the question of why the water is so discolored and why it is happening elsewhere in the Town.  Danvers is also receiving calls about discolored water and when that happens they begin aerating but they do not notify Middleton.
Mr. Cresta asked if the Board could have a representative of Danvers Water come to a Board meeting for a conversation.  He would like to raise the issue to a higher level in Danvers.  Mr. LeBossiere replied he would rather wait since they have just started the ozone treatment.  Mr. Singer said that last August, they thought that the problem had to do with the on-going work at the Water Treatment Plant.  However there is an underlying issue of the iron and manganese in the water.  
The majority of water complaints started after the Plant switched to cloramines rather than chlorine.  Chlorine interacts with the organics to create substances that are recognized as carcinogens.  Chloamines have other problems including being more corrosive.  The ozone will allow them to back off on the use of cloramines.  However, they have not as yet gotten the process completely in place.  
Mr. LaBossiere noted that the long term solution is to loop the system, to connect it with Boston St.  However the Town does not currently have the funding for that.  Middleton is in the process of negotiating a new contract with Danvers that will include capital improvements.  Mr. Ferrara said that Danvers seems amenable to Middleton’s proposal.  Mr. Singer said that the negotiation would probably take six months.  He does feel that something could be in place to fund this for FY ’16.
        Ms. Jones asked about the status of the Water Treatment Plant.  Mr. LaBossiere said that the plant is built and up and running, but is currently working on implementing the ozone treatment.  She asked if it would be helpful to have a joint committee with representatives from the two Towns.  Mr. Singer said that the problems were technical rather than political.
The original contract was very simple, but did not give Middleton a predictable revenue stream.  They are negotiating the percentage that Middleton gets back from it water receipts.  Mr. LaBossiere said that he thought the new contract would make a big difference.  There are other projects that should be done and the Town needs to insure that it has the funds.
        Ms. Lindberg asked what the Town can do.  Mr. LaBossiere answered that they will monitor the water weekly.  The consultant will get the information and also monitor the pond.  He added that even if this clears up because of the ozone, the system should be looped.
        Mr. Prentakis noted that the short term solution could be in place for two or three years before a permanent solution is of benefit.  He wants to confirm to the residents that the Board understands the problem and wants to help.
        Mr. Mader added flushing has been helpful.  He asked whether the consultant had prioritized the possible origins of the problems.  Mr. Singer responded that the first problem is that the water sits for five days.  He is not sure looping will help.  Proximity to wells on the River could be a factor, though the consultant thinks there is no problem with the well.  Mr. Cresta suggested testing near the well and Mr. LaBossiere said he would get a sample from Daileys.
        Mr. Richard Quade, also a trustee, asked about the main on Route 114.  It is old and changes direction twice a day.  Could that be a problem?  Mr. LaBossiere said he was not sure if it was lined.  Mr. Quade wanted to know if looping this line would be a high priority.  Mr. Singer noted that the Town has three areas where it would like to loop the system.  The other two are not as advantageous so this project would rise to the top of the list.  Mr. Prentakis confirmed that when the Town has the financial resources to do a project, it would seem that this would be the priority unless a major problem arises somewhere else.  The decision would have to be made down the line.
Mr. Cresta noted that the Selectmen have been kept informed about this problem.  He understands that this is a problem that has to be solved, but he does not want to rush in with a solution that doesn’t solve the problem for everyone in the area.

Review and Vote to Approve Inter Agency Mutual Aid Agreement for Municipal Police Services Sponsored by the Essex County Chiefs of Police – Police Chief DiGianvittorio joined the Selectmen.  Mr. Singer explained that the Supreme Judicial Court had advised communities to have their officers sworn in as Special Police Officers in neighboring communities in case the need might arise.  The Legislature has offered this mechanism as an alternative.  Mr. Singer asked the Chief to continue.
The Chief noted that Middlesex County has done this already.  A representative of District Attorney Blodgett attended the Chief’s meeting to assist them in tweaking Middlesex County’s Memorandum of Understanding (MoU) to meet the needs of Essex County.  Middleton has Memorandums of Understanding with contiguous communities such as Danvers and Topsfield.  This action would make this county wide and eventually state-wide.  
        Currently officers only have jurisdiction within their community’s boundaries.   There are some issues that allow an officer to go past the boundaries and make an arrest.  The arrestible offence would have to happen before the car left the boundaries.  Speeding can lead to a drunk-driving arrest or a drug bust.  In the past, if the car was just speeding, the officer would have to turn off his lights and drop pursuit.
Every Police Chief in Essex County is trying to get this signed for a meeting on May 5th.  There will be copies of the agreement kept at the County Association and at all the Towns.  The District Attorney sat in as third party because they will be the ones dealing with arrests made outside of jurisdiction.  This agreement would apply not only to arrests but also to mutual aid in the case of a disaster.
This MOU is similar to the ones that Middleton currently has.  The liability remains with the town that employs the officer.  The Town receiving aid has no obligations to the officer coming in.  In conclusion, the Chief said that he wants to bring a signed agreement back to the Chief’s association and that this agreement has been reviewed by Town Counsel, the District Attorney and the Massachusetts Police Chiefs Association.
        Ms. Jones asked how this differs from agreements the Town has avoided in the past.  The Chief said that when Middleton officers go to Salem District Court, a judge might ask them to perform police duties.  They currently have no jurisdiction to do so.  Mr. Singer commented that Ms. Jones is probably referring to NEMLAC.  This is a coalition which shares support teams such as tactical teams and motorcycle units.  As a member, Middleton may have to send resources and pay for them.  It could be in the position of giving more than it is receiving.  Ms. Jones concluded that this agreement is an empowerment rather than an obligation like NEMLAC.
Ms. Lindberg asked what would stop a rogue policeman from pulling people over.  The Chief answered that the officer has to notify the local jurisdiction, which will then send assistance.  He added that that has been a concern for many Chiefs.  This is a fluid agreement and would be reviewed on an annual basis.
        Mr. Houten made a motion to approve the Inter Agency Mutual Aid Agreement for Municipal Police Services Sponsored by the Essex County Chiefs of Police.  Mr. Cresta seconded the motion and all were in favor.

Approval and Signing of Proclamation Declaring June 1-June 7th as Childhood Cancer Awareness Week in Middleton
Ms. Lindberg made a motion to declare June 1-June 7th as Childhood Cancer Awareness Week in Middleton.  Ms. Jones seconded the motion and all were in favor.

New Business (may be reserved for topics that the Chair did not reasonably anticipate would be discussed
        Mr. Prentakis noted that the League of Women Voters will be sponsoring a Candidate’s Night on Monday May 2nd.

Executive Session under Massachusetts General Laws, Chapter 30A, Section 21, Paragraph 3 (Strategy with Respect to Litigation)
Mr. Prentakis announced that the Board would be going into Executive Session under MGL Chapter 30A, Section 21, Paragraph 3 and would not be coming back into open session.  Mr. Houten called the role. Mr. Cresta voted yes.  Mr. Houten voted yes.  Ms. Jones voted yes.  Ms. Lindberg voted yes.  Mr. Prentakis voted yes.  The Board entered Executive Session at 9:10.

Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
Timothy Houten, Clerk