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September 22, 2003
SELECTMEN’S MEETING               MONDAY, SEPTEMBER 22, 2003              5:30 P.M.

In attendance: James G. Mullen, Jr., Marion V. McEttrick, Charles J. McCarthy, Annemarie Fagan, Assistant Town Administrator

The Board approved the minutes from the September 8, 2003 meeting.
                                                
2       A conference was held with Laurie Stillman, Ada Rosmarin, Glen Pavlicek, James May and Natalie Monroe, an independent advocacy group of citizens called “Fair Funding for Milton”.  Their mission is to look at increasing sources of revenues outside of Milton’s tax base.  The Committee discussed  three potential avenues for increasing state aid to Milton: M.G.L. Chapter 58, Payment in Lieu of Taxes,  relative to state owned land located in Milton, potential changes to Chapter 70 formula and the state “pothole” funds.  Senator Brian A. Joyce has filed a FY04 budget amendment that would include state owned land in Milton in the PILOT program. The amendment is currently sitting in conference committee. Representative Walter Timilty has filed similar legislation on this issue.  The advocacy group requested that the Board send a letter to Speaker Thomas Finneran seeking his support moving the FY04 budget amendment out of conference committee and onto the Governor’s Office.  

Chair Mullen addressed Laurie Stillman and Glen Pavlicek, members of the School Committee, regarding the School Committee’s decision to cut the High School extra-curricular activities including the year book.

3       In conformity with the requirements of Section 22 of Chapter 166 of the General Laws, the Board of Selectmen held a Public Hearing upon the petition of Boston Edison Company (NStar Electric). Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve a grant of location for Boston Edison Company d/b/a NStar Electric to install approximately 6 feet of electrical conduit in Oak Street at a point approximately 340 feet from Blue Hills Parkway for the purpose of servicing the Tucker Elementary School, as per a plan entitled “Plan of: OAK STREET,  MILTON Showing: PROPOSED CONDUIT LOCATION” dated August 15, 2003.  

In conformity with the requirements of Section 22 of Chapter 166 of the General Laws, the Board of Selectmen held a Public Hearing upon the petition of Boston Edison Company (NStar Electric). Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve a grant of location for Boston Edison Company d/b/a NStar  to install approximately 9 feet of electrical conduit in Woodland Road at a point approximately 873 feet from Atherton Road to service a residence at 143 Woodland Road, as per a plan entitled “Plan of: WOODLAND ROAD, MILTON Showing: PROPOSED CONDUIT LOCATION”, dated August 22, 2003.

In conformity with the requirements of Section 22 of Chapter 166 of the General Laws, the Board of Selectmen held a Public Hearing upon the petition of Boston Edison Company (NStar Electric). Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve a grant of location for Boston Edison Company d/b/a NStar Electric to construct and install conduit with the necessary wires and cables therein in the following location: Wharf Street - at a point approximately 424 feet southeasterly of Adams Street, a distance of 15 feet - conduit, as per a plan entitled “Plan of: WHARF ST, MILTON Showing: PROPOSED CONDUIT LOCATION,” dated August 25, 2003.

In conformity with the requirements of Section 22 of Chapter 166 of the General Laws, the Board of Selectmen held a Public Hearing upon the petition of Boston Edison Company (NStar Electric). Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve a grant of location for Boston Edison Company d/b/a NStar Electric to construct and install conduit with the necessary wires and cables therein in the following location: Wharf Street - at a point approximately 424 feet southeasterly of Adams Street, a distance of 70 feet - conduit; as per a plan entitled “Plan of: WHARF ST, MILTON Showing: PROPOSED CONDUIT LOCATION” dated August 25, 2003.

4       A conference was held with Senator Brian A. Joyce who clarified the following points outlined in the power point presentation made by the independent advocacy group of citizens called “Fair Funding for Milton”:  M.G.L. Chapter 58, Payment in Lieu of Taxes,  relative to state owned land located in Milton, potential changes to Chapter 70 formula and the state “pothole” funds.  Also discussed were the following transportation issues: The Greenbush Project, Rte. 128 Add-A-Lane Project, Rte. 28 Project, the Stop and Shop facility in Readville.

5       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously t hat all action taken by the Town Treasurer in advertising for public sale of the  $9,000,000 Bond Anticipation Note (School Bonds), No. R-1 (the “Note”) of the Town, issued in anticipation of bonds authorized pursuant to Chapter 44, Sections,  7(3), 7(3A), and 7(22) of the Massachusetts General Laws, as amended and  and supplemented, and by votes of the Town duly adopted, all as more particularly described in Exhibit A attached hereto which by reference thereto is hereby incorporated in and made a part of this Vote, be and hereby is ratified, confirmed, approved and adopted.

That the Note shall be dated as of September 26, 2003, shall mature on September   24, 2004; shall be subject to the provisions of this Vote, shall be in such form, of  such denomination and contain such other details as the Town Treasurer and a majority of the Board of Selectmen shall determine or approve by their execution of the Note;

That the note shall not be subject to redemption prior to its stated maturity date;

               That the Note shall originally be issued by means of a book-entry system evidencing  ownership and transfer of the Note; and in the event of failure or termination of the book-entry system, U.S. Bank National Association, in Boston, Massachusetts, or any duly appointed successor thereof, shall issue replacement notes in the form of  fully registered certificates and shall act as Transfer Agent and Paying Agent  therefor;

That the Note shall bear interest payable at maturity and is hereby sold and awarded  as follows:

                                                Note
                   Purchaser              No.             Amount                Interest Rate            Premium
                   Fleet Bank             R-1            $9,000,000.00       1.06%                     $0.00

That the Town Treasurer be, and hereby is, authorized to execute and deliver a  Material Events Disclosure Certificate generally as described in the official statement relating to the Note and to incorporate by reference thereto in the Note such Certificate both in such form as the Treasurer may approve by his execution  thereof, and the obligation of the Town contained in such certificate is hereby  approved and confirmed;

That the Board of Selectmen, the Treasurer and the Town Clerk be and   hereby are, and each of them severally is authorized to take such action, and  to execute and deliver such certificates, receipts, or other documents as may  be determined by them, or any of them, to be necessary or convenient to  carry into effect the provisions of the foregoing Vote; and that the Town

Treasurer is hereby authorized to prepare and deliver the Note to the  aforesaid purchaser or order against payment in full of the agreed purchase price.
                
We further certify that the foregoing is a true copy of the Vote adopted at the Meeting as appearing in the minutes thereof; that the Meeting was open to the public; that notice stating the place, date and time of the Meeting was filed in the office of the Town Clerk and a copy thereof was posted in the Town Clerk’s office or on the principal official bulletin board of the Town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the Meeting and remained so posted at the time of the Meeting; that no deliberations of decisions in connection with the Vote were taken in executive session; and that the official record of the meeting was made available to the public promptly and will remain available to the public all in accordance with Chapter 39, Section 23B, of the General Laws, as amended (the “open-meeting law”).
                    
6       A conference was held with Walter Heller, Town Engineer.  Discussed were changes and improvements made in the Engineering Department in the areas of technology, design capabilities and construction services.

7       A conference was held with David A. Colton, Director of Public Works.  Discussed was the Town Planner appointment and use of the DPW yard by the Route 28 contractor for a materials reprocessing site.  Following discussion, Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Aaron Henry, 15 Hemenway Street, Boston, MA to the position of Town Planner in the Department of Public Works at Level 8, Step 1, subject to the concurrence of the Personnel Board.

Mr. Colton informed the Board that he was not able to reach an agreement with  the Route 28 contractor who has been using the DPW yard as a materials reprocessing site.  This operation will cease at the DPW yard.

8       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve forwarding to the Warrant Committee a Reserve Fund Transfer request in the amount of $108 for the Unemployment Compensation account.

9       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Centre School and Childcare to use the Barron Hugo gazebo and a portion of the Town green in conjunction with their Fall Fair and Silent Auction on Saturday, October 25, 2003 from 10:00 a.m. to 4:00 p.m.  The Board denied the request to close off the access roads between the Centre School/First Congregational Church and Town Hall during the hours of the fair.  

10      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of Katie Marsano to use Town ways for the Ricky Coombs Fun Run starting at 1:00 p.m. on Sunday, November 9, 2003, and to approve the placement of a banner at the corner of Reedsdale Road and Randolph Avenue to announce the event.

11      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request to use Town ways for the 5th annual Milton Monster Dash on Sunday, October 26, 2003, starting at 1:00 p.m.

James G. Mullen, Jr. moved, Marion V. McEttrick seconded and the Board voted unanimously at 8:00 p.m. with Marion V. McEttrick voting yes and James G. Mullen, Jr. voting yes to approve entering into Executive Session to discuss collective bargaining and to return to public session only for the purpose of adjournment.  

MarionV. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to adjourn at 9:00 p.m.