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Selectmen Meeting Minutes 06/24/2014
Selectmen’s Meeting
Nathan Media Center
Fuller Meadow School
June 24, 2014
7:30 PM

Call to Order – Chairman Jones called the meeting to order at 7:40.  Also present were Mr. Cresta, Mr. Houten,. Mr. Prentakis, Town Administrator Mr. Singer, and Assistant Town Administrator Mr. Ferrara.
Ms. Jones extended the Board’s congratulations to the Masconomet Baseball team for winning the State Championship and to Middleton’s Little League team for coming in first in its division.

Minutes – Mr. Houten made a motion to approve the minutes of the June 10,, 2014 Regular Session.  Mr. Cresta seconded the motion and all were in favor.

Approval of Warrants – Payroll Warrant 1451 totaled $723,506 and included the bi-weekly School Payroll as well as the summer balloon payment for the School Department of $324,254.  The Payables Warrant totaled $821,149 and included $266,834 for Payroll Deductions of which $120,409 was the balloon payroll deductions for the School.  It also included $20,662 for insurance, $29,550 for a fingerprinting machine for the Police Department and $21,000 for the FY ’13 audit.
        Mr. Prentakis made a motion to approve the warrants.  Mr. Houten seconded the motion and all were in favor.

Town Administrator’s Report
  • Sidewalk Funding – The packet contains a press release from Senator Tarr’s office announcing that the Senate version of the Capitol Bond Bill contains $500,000 for sidewalks and other improvements on Gregory St. because of the Town’s concerns about the infrastructure leading to the new Department of Youth Services Facility.  The request still needs to go to the Conference Committee and then to the Governor.  The possibility of improving the Howe Station intersection may be a future discussion.
  • Regional Emergency Communications Center (RECC) Update – Topsfield’s Police and Fire Departments have cut over.  Amesbury will be cutting over this week.  70% of cell phone 911 calls on the North Shore are now funneling through the RECC.  The new antenna is in place and functioning.  Beverly still has some issues to work out and it will be several months until it cuts over.  The volume is sufficient to consider the facility to be fully operational.  The Financial Advisory Committee, which Mr. Singer chairs, is developing the mechanism and policies for additional communities to join.  This will make the RECC available to other communities who may be realizing that a one or two town dispatch center does not make economic sense.  The State is encouraging consolidation through its 911 grants.
  • Divisions of Capital Asset Management and Maintenance (DCAMM) Lands – Mr. Ferrara reported that there was a meeting last Friday with representatives of the Executive Office of Environmental Affairs (EOEA), the Division of Food and Agriculture (DF&A) and the Division of Fish and Game (DF&G).  DF&A and DF&G have expressed interest in the parcels, in some cases both agencies in the same parcel.  The Town’s preference is to have them transferred to the Town but would like to see what the agencies will do with the properties before making that decision.  The Conservation Commission will vote on whether to endorse these State Agencies taking ownership.  The Amendment to give them to the Town is still alive.  Mr. Ferrara feels that any move away from DCAMM will be positive.  DF&G is interested in the properties along the River and is willing to allow the Middleton Conservation Commission and the Middleton Stream Team to actively manage them.  Mr. Prentakis asked how much land did each agency want.  DF&A is interested in the land off Peabody St.  DF&G has expressed an interest in about 2/3 of the properties.  Between the two agencies they do want all the land.  Mr. Singer noted that everyone agrees that land that was acquired for conservation should not be under the control of DCAMM.  There is additional land along the Ipswich River in Topsfield and Peabody and DF&G also wants those parcels.  The amendment that would give the land to the Town would require that the Town pay for appraisals and some nominal payment for the land. This could turn out to be a significant expense.  The representative from EOEA pointed out that the State is not inclined to give land away.   Mr. Singer feels that this land was already paid for by Middleton taxpayers through the taxes they paid to the County.
It is also important to watch that when the new Vocational School opens, DCAMM transfers the 75 acres that are left within the campus to DF&A so they will remain agricultural in perpetuity.  Otherwise, they could use it for a building project for another state agency.
  • Employee Age Group – Mr. Ferrara put together some statistics in response to Mr. Cresta’s inquiry at the last meeting concerning the ages of Middleton’s employees.  The expectation was that Town employees would be older, but the ages of School employees (47.8) and Town employees (48.7) are similar and there is a good spread, so no retirement bubble is expected.
  • New Development – A Middleton resident is planning on bringing a business from another community to the former Kwiatek property on North Main St.  The combined lot is 23,000 sq. ft.  Both the garage and the house on the site will be demolished.  The business will have a pick-up window, but not really a drive thru, since ordering will be done in advance.  There may be some traffic concerns.  It will be designed to only allow a west bound turn on Route 114 and the curbing will dictate that.  They would like to be under construction in late summer.  The State Department of Transportation (DOT) will have to approve the curb cut.
  • Route 114 Repaving Project – The Town asked for a change order to paint the crosswalks so they will be more noticeable.  DOT said no, but the Town will continue to fight for this change.  The Town may have to do the work itself.  It would be $7,000 to $10,000.
Request from Independent Living Center of North Shore for a Proclamation Marking the 24th Anniversary of the Signing of the Americans with Disabilities Act and to Proclaim July 26, 2014 Americans with Disabilities Act Day
        Mr. Houten made a motion to issue a proclamation marking the 24th anniversary of the signing of the Americans with Disabilities Act and to proclaim July 26, 2014 Americans with Disabilities Act Day.  Mr. Prentakis seconded the motion and all were in favor.
Request from National Grid to Install a Security Gate on Rockaway Road – The packet contains a memo from National Grid explaining the problem and asking for the gate, as well as some pictures showing the dumping.
        Mr. Houten made a motion to allow National Grid, by way of revocable license held at the discretion of the Board of Selectmen, to install a gate on Rockaway Rd.  Mr. Prentakis seconded the motion and all were in favor.

Application for a Transfer of Alcohol, Common Victualler and Entertainment License for Blue Fin Restaurant, 260 South Main Street: Transfer From Kiyohiko Minemoto, President, Minemoto Enterprises Inc., To Ganesh Bahadur Thapa, President, and Sandra Garcia, Treasurer, RMS Group, Inc.; and, Change of Manager, from Kiyohiko Minemoto to Ganesh Bahadur Thapa, by Jared F. Chrislip, Attorney – Attorney Chrislip of Pekoe Law Office of Boston, represented the applicants Ganesh Bahadur Thapa and Sandra Garcia of the RMS Group, who were also present.  He explained that it is the intention of the RMS Group to preserve Blue Fin as a restaurant and avoid any interruption of service.  The current owner is unable to continue operating the restaurant.  Ms. Garcia has worked there for a long time.  Blue Fin also had a location in Cambridge which has also closed.  This prompted the employees to come together and devise a way to continue the operations.  They have negotiated a new lease and come up with a purchase agreement.  RMS Group has the funds for the purchase so there is no loan or pledge of license involved.  It is their hope that patrons will not notice the transition and that the transfer will complete by the end of the summer.  He noted that in addition to Ms. Garcia’s experience at Blue Fin, Mr. Thapa brings the experience of working at the Mariott Copley Square.  Additionally most of the staff is remaining, so Mr. Chrislip has no doubt that they will be able to make this work..
        Mr. Cresta asked if Mr. Thapa is TIPS certified.  He said he is FoodSafe certified and Ms. Garcia is TIPS certified. Mr. Cresta noted that Middleton requires that the liquor manager be TIPS certified.  Ms. Jones asked what Mr. Thapa did at the Marriott.  He said that he is a function manager.
        Mr. Cresta suggested that they use this opportunity to explain what they hope to accomplish by taking over the restaurant.  Ms. Garcia explained that they hope to do some remodeling.  They don’t plan any menu changes right now.  The hours will remain the same and most of the kitchen staff will remain.  
        Mr. Cresta made a motion to approve Transfer of Alcohol, Common Victualler and Entertainment License for Blue Fin Restaurant, 260 South Main Street: Transfer From Kiyohiko Minemoto, President, Minemoto Enterprises Inc., To Ganesh Bahadur Thapa, President, and Sandra Garcia, Treasurer, RMS Group, Inc.; and, Change of Manager, from Kiyohiko Minemoto to Ganesh Bahadur Thapa with the condition that Mr. Thapa become TIPS certified within three months.  Mr. Houten seconded the motion and all were in favor.

Request from Steve Clifford, Director of Facilities, Tri-Town School Union, for Approval to Use Pesticides and Herbicide Products and Other Remedial Turf Care Measures, Consistent with the Tri-Town School Union’s Integrated Pest Management Plan under the Provisions of Chapter 85 of the Acts of 2000 – postponed until Mr. Clifford can be present.

Appointments and Re-Appointments of Other Town Officials, Town Employees and Committee Members

General Administration
        Mr. Prentakis made a motion to appoint

Position
Appointee
Term ending
Assistant Town Administrator
Ryan Ferrara
2017
Planning Coordinator
Katrina O'Leary
2017
Assistant Treasurer
Belinda Young
2017
Custodian of Town Lands
Robert F. Murphy
2017
Parking Clerk, Municipal Hearing Officer and Municipal Liaison to the Ethics Commission
Sarah B. George
2017
Local Cable Television Access Director
Paul Pellicelli
2017
Town Counsel
Tom Fallon of Fallon of Segal, Edelstein, Bussone & Fallon
2017
Superintendent of Burials
Patricia Zingarelli
2017
        Mr. Houten seconded the motion.
Discussion      Mr. Cresta noted that this is the first time the Board is reappointing the Assistant Town Administrator and the Planning Coordinator.  He feels it is important to say that Mr. Ferrara has been a huge asset to the Town.  A number of things that could not be done before due to lack of resources are now being done.  Additionally as the Board saw at the last meeting, Ms. O’Leary is also contributing greatly to the Board’s understanding of planning issues.  The Town is getting a lot for its investment in these two positions.
        The vote was taken and all were in favor
Public Safety
        Mr. Prentakis made a motion to appoint

Position
Appointee
Term ending
Superintendent of Public Works & Pest Control
Robert LaBossiere
2017
Building Commissioner Zoning Enforcement Officer Fence Viewer and ADA Officer
Richard Bienvenue
2017
Local Building Inspector
Anthony Torra
2017
Plumbing & Gas Inspector
Ray Abbott
2017
Alternate Plumbing & Gas Inspector
Peter Sakelakos
2017
Inspector of Wires
James Carbone
2017
Alternate Inspector of Wires
James Evans
2017
Public Health Director
Derek Fullerton
2017
Public Health Sanitarian
Derek Fullerton
2017
Conservation Commission Administrator
Derek Fullerton
2017
Hazardous Waste Coordinator
Derek Fullerton
2017
Animal Control Officer and Inspector of Animals
Reed Wilson
2017
Emergency Management Director
Frank Twiss
2017
Police Patrol Officer Reserve
Robert Marino
2016
Mr. Houten seconded the motion and all were in favor.
Human Services
        Mr. Prentakis made a motion to appoint

Council on Aging Director
Susan Gannon
2017
Director of Veteran Services  
Theodore Butler
2017
        Mr. Houten seconded the motion and all were in favor
General Government Appointed Boards/Committees
        Mr. Prentakis made a motion to appoint

Board of Appeals
Nicholas Yebba
2017
Board of Appeals Alternate
Ann LeBlanc-Snyder
2015
Board of Appeals Alternate
Richard Nazzaro
2015
        Mr. Houten seconded the motion.  Mr. Cresta abstained and all others were in favor
        Mr. Prentakis made a motion to appoint

Board of Health
George Demeritt
2017
Board of Health
Robert Ambrefe
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Conservation Commission
Antonio Pesce
2017
Conservation Commission
Ian McKenzie
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Cultural Council
Marissa Greenfield
2017
Cultural Council
Bete Lavoie
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Historical Commission
Anne LeBlanc-Snyder
2017
Historical Commission
Sarah George
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Industrial & Commercial Design Review Committee
Michael Watkin
2017
Industrial & Commercial Design Review Committee
Chuck Kozlosky
2016
Industrial & Commercial Design Review-  Alternate
Colin Kelly
2015
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Memorial Day Committee
Shirley Raynard
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Municipal Tax Relief Committee
Robert F. Murphy
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Rails to Trails Committee
Hector Quarti
2017
Rails to Trails Committee
Frank Twiss
2017
Rails to Trails Committee
Derek Fullerton
2017
Rails to Trails Committee
Rodney Pendleton
2017
Rails to Trails Committee
Thomas Martinuk
2017
Rails to Trails Committee
Scott  Downs
2017
Rails to Trails Committee
Scott Cameron
2017
Mr. Prentakis noted that 4 of the 11 current members did not wish to be reappointed.  He suggested keeping the committee at 7.
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Recreation Commission
Sonja Bradstreet
2017
Recreation Commission   
Kevin Noyes
2017
Recreation Commission
Michelle Nowak
2016
Recreation Commission  Alternate
Lisa Bream
2015
Mr. Prentakis noted that Ms. Bream has indicated she would prefer to be an alternate rather than a full member so he suggested appointed the alternate, Ms. Nowak as a full member.
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Scholarship Committee
John McAuley
2017
Scholarship Committee
Claudia Johnson
2017
        Mr. Houten seconded the motion and all were in favor
        Mr. Prentakis made a motion to appoint

Council on Aging  
Carol Carr
2016
Council on Aging
William Walczak
2017
Council on Aging
Leah Magnifico
2015
Council on Aging  
Barbara Sanborn
2017
Council on Aging  
Martha Ogden Fucarile
2017
        There have been two deaths and one resignation on the Council.  Ms. Sanborn was an alternate and she will now be a full member.  Additionally, letters of interest were received from Ms. Carr and Ms. Magnifico.  This leaves two open alternate positions.
        Mr. Houten seconded the motion and all were in favor
        There are vacancies for a Republican Registrar of Voters, an Election Warden, two alternates for the Council on Aging, the Finance Committee, the Master Plan Committee, the Recreation Commission and the By-Law Study Committee.  There is also a vacancy on the Planning Board which must be filled by a joint meeting of the Board of Selectmen and the Planning Board.  There have not as yet been any applications for this position.

Request from Massachusetts Municipal Association to Oppose Sections 74 and 75 of Senate 2183 (House Economic Development Bill) Stripping Towns and Cities of Site Review Authority for Wireless Facilities – Mr. Singer explained that the Telecom Industry has long been trying to take control away from the cities and towns over the siting of these facilities.  He feels that the Town’s control is better than none.  He suggests writing a letter to Senator Tarr.
        Mr. Houten made a motion to authorize the Town Administrator to write a letter to Senator Tarr expressing the Town’ s opposition to Sections 74 and 75 of Senate 2183 (House Economic Development Bill) Stripping Towns and Cities of Site Review Authority for Wireless Facilities.  Mr. Cresta seconded the motion and all were in favor.
New Business

Future meeting dates – It was agreed to stick to the 2nd and 4th Tuesdays of the month schedule.  The next meeting will be July 22nd.  

Chief Will’s Day- Mr. Houten reported that it was a perfect day and expressed his thanks to everyone who volunteered and contributed.

Executive Session under Massachusetts General Laws, Chapter 30 Section 21A, Paragraph 3 (To discuss strategy with respect to collective bargaining)
Ms. Jones 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. Prentakis called the role. Mr. Cresta voted yes.  Mr. Houten voted yes.  Ms. Jones voted yes.  .  Mr. Prentakis voted yes.  The Board entered Executive Session at 8:40.

Respectfully submitted,
Mary Jane Morrin                        
Mary Jane Morrin, Recording Secretary
__________________________________
Kosta Prentakis, Clerk