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October 18, 2004
SELECTMEN’S  MEETING        MONDAY, OCTOBER 18, 2004             5:30 P.M.
                
In attendance: Charles J. McCarthy, Marion V. McEttrick, James G. Mullen, Jr., David A. Colton, Town Administrator and Annemarie Fagan, Assistant Town Administrator.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to accept the meeting minutes of October 5, 2004 as amended.

The Board continued its June 7, 2004 public hearing, pursuant to Chapter 138 of the Massachusetts General Laws, upon the request of the Fruit Center, Inc., 10 Bassett Street, Milton, MA 02186, for a liquor license to sell at retail, wine, malt and cordials at 10 Bassett Street, Milton, MA 02186.   Attorney Michael Modestino addressed the Board on behalf of the Fruit Center’s application and answered questions from the Board.  Michael Mignosa, Manager of the Milton Fruit Center was also present and answered questions from the Board.  Chairman Charles J. McCarthy read a letter received in the Selectmen’s Office from Stephen O’Donnell relative to the Fruit Center request for a liquor license.  Following discussion, Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to continue the Public Hearing until November 22, 2004 at which time the Board will render its decision on the application of the Fruit Center, Inc. for a liquor license to sell wine.     

3       A conference was held with Building Commissioner Steven Crawford.  Discussed was his request for additional staffing in the Building Department.  Following discussion, Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and forward to the Personnel Board the following FY06 changes to the staffing in Building Department:


To increase the part-time Principal Clerk to 37.5 hours per week.
To provide an additional 262.5 hours of clerical vacation replacement coverage
Creation of  a 21.5 hour per week Local Inspector position at Level 7, Step 1.
Creation of a 17.5 hour per week Plumbing/Gas/Mechanical Inspector position at a Level 7, Step 1.

4       The Board will reserve space in the 2005 Annual Town Meeting Warrant for an article to introduce a demolition delay bylaw that would encourage developers and property owner to consider ways to preserve and/or reuse historic structures as requested by the Historical Commission.

5       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to award the contract for the purchase of a 26,000 pound GVWR Aerial Lift Truck for the Wire Department to MHQ Municipal Vehicles.

6       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the use of the Town Hall/Town Green area by Friends and Advocates of Music Education from the High School for a bottle and can fund drive on Saturday, October 30, 2004 from 8:30 a.m. to 2:00 p.m.

7       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Milton Foundation for Education to hang a banner from the East Milton Firehouse from October 25 - October 30, 2004 to promote its annual fund raiser, the Milton Monster Dash which is held on Sunday, October 31 at Cunningham Park.

8       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Celebration for Education Committee to hang a banner from the East Milton Fire House from November 1 to November 10 to promote its annual fund raising event.

9       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign letters of recognition for the following  2004 recipients of the Eagle Court of Honor:

Dennis Francis Donovan, 19 Glendale Road, Milton
Michael James Horgan, 20 Trout Brook Road, Milton
John Joseph Sullivan, 71 Wood Street, Milton

10      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to accept payment in the amount of $3,683.06 in lieu of taxes from Curry College for properties at 923 and 1000 Brush Hill road for FY2005.

11      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to close the 2005 Annual Town Meeting Warrant on Friday, January 7, 2005 at 5:00 p.m.

12      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously that all action taken by the Town Treasurer in advertising for public sale of the $36,000,000 aggregate principal amount of Bond Anticipation Note (School Bonds), No. R-1 dated October 29, 2004,  payable August 5, 2005 (the “Note”) of the Town, issued in anticipation of bonds authorized pursuant to Chapter 44, Section 7(3) and 7(3A) of the Massachusetts General Laws, as amended and supplemented, and by votes of the Town duly adopted under Article 1 of the Warrant at the Special Town Meeting held on June 19, 2000  as further described in Exhibit A attached hereto which by reference thereto is hereby incorporated in and made a part of this Vote, be and hereby are ratified, confirmed, approved and adopted;

That the Note shall be dated as of October 29, 2004; shall  mature on August 5, 2005, be in such form, of such denominations 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 date of maturity;
        
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, 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:

BOND ANTICIPATION NOTE

Purchasers                      Note No.                Amount          Interest Rate   Premium

Banc of America Securities LLC  R-1             $36,000,000     3.00%           $339,493.00

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 signatories may approve by their 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 or 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”).

13      A conference was held with Police Chief Kevin J. Mearn.  Discussed were civilian dispatcher positions and a contract with the Executive Office of Public Safety relative to the bicycle path in the Town of Milton.  Following discussion, Marion McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and forward to the Personnel Board an extension to the temporary police civilian dispatcher position currently held by Christopher Nee through January 15, 2005 and to approve the appointment of Christopher St. Ives to the position of civilian dispatcher until January 15, 2005.

Marion McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve a contract with the Executive Office of Public Safety for payment to the Town in the amount of $25,000 for additional Milton Police patrols for the portion of the Neponset River bicycle path in the Town of Milton.

14      Marion McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign a letter to Comcast of Milton, Inc. regarding Milton Renewal License Non-Compliance.

15      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 7:20  p.m. with Charles J. McCarthy voting yes, Marion V. McEttrick voting yes and James G. Mullen, Jr. voting yes to enter Executive Session to discuss litigation and collective bargaining and to return to open session only for the purpose of adjournment.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 8:30 p.m. to adjourn.