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August 2, 2004
SELECTMEN’S MEETING,                              AUGUST 2, 2004                              5:30 P.M.

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


Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the July 21, 2004 meeting minutes.

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 $35,000,000 aggregate principal amount of Bond Anticipation Note (School Bonds), No. R-1 dated August 6, 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 and Article 1 of the Warrant at the Special Town Meeting held on February 26, 2002, all 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 August 6, 2004; shall each 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 executive 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

Bank of America  R-1            $10,000,000     3.00%                   $142,310.00
Eastern Bank             R-1            $25,000,000     3.00%                   $349,277.08

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 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”).

3       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to amend Article V, Section 12 of the Traffic Rules and Regulations, so as to include the following:

        Breck Street: To install one handicap parking space directly in front of number 8 Breck         Street.

4       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the Senior Property Tax Work-Off Program Guidelines dated August 2, 2004 as presented on a trial basis to be reviewed at the end of the fiscal year.

5       A Presentation of the Community Development Plan by Mark Racicot of the Metropolitan Area Planning Council was deferred.

6       A conference was held with Director of Public Works David A. Colton.  Discussed were the fuels bid awards, sewer rehabilitation contracts, FY2005 water and sewer rates and a street sign replacement program.  Following discussion, Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the award of a contract to Dennis K. Burke, Inc., Chelsea, MA for the following fuels and prices:

        Fuel                                            Price
#2 Fuel Oil                                     $1.1292
        Unleaded Gasoline                               $1.2370
        Mid-Grade Unleaded Gasoline             $1.2970
        Low Sulfur Diesel                               $1.1272

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the award of Contract Number S04-1 in the amount of $302,748.08 to New England Pipe Cleaning Company (NEPCCO) Division of Heitkamp, Inc. of Watertown, CT for approximately 6,000 feet of sewer cleaning and inspection, sealing of approximately 1,000 joints, rehabilitating manholes, root treatment, lining approximately 2,700 feet of sewer, and other miscellaneous repairs to sewers, and to authorize the Town Administrator to sign the contract and related documents on behalf of the Board.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign an engineering services contract with Weston & Sampson Engineers, Inc. of Peabody, MA in the amount of $86,200 for construction-related engineering services in conjunction with the sewer rehabilitation program.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the following rates for water and sewer use in Fiscal Year 2005:
Water usage: Minimum charge for usage up to 600 cubic feet per quarter of $15, or $2.50 per 100 cubic feet, plus $3.70 per each 100 cubic feet after 600.
Sewer usage: Minimum charge for usage up to 600 cubic feet per quarter of $22.50, or $3.75  per 100 cubic feet, plus $7.43 per each 100 cubic feet after 600.

7       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to appoint Charles J. McCarthy as the Board of Selectmen’s designee to the Capital Improvement Planning Committee.

8       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointments of the following individuals to the Capital Improvement Planning Committee for one-year terms expiring August 15, 2005:

        Appointee                               Representing
David Grab                              Town Accountant
        Charles J. McCarthy                     Board of Selectmen
        Christopher Huban                       School Committee
        Bernard J. Lynch, III                   Planning Board
        Katherine Haynes Dunphy         At large
        Lee B. Cary                             At large

The Board deferred the appointment of Kenneth J. Sweeney, Warrant Committee     
Representative. 

9       Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of David Godine, 196 School Street, as the Alternate Massport Liaison for a one-year term expiring May 2005.  The Board requested that the Town’s web site have a page dedicated to airplane noise complaints with a link to Massport.  Chair McCarthy would like to have statistics on the number of hits this page receives each month.   

10      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the following changes in polling locations:
Permanent Changes effective November 2, 2004
        Precinct 5 Charles L. Copeland Field House, Milton High School, Blue Hills Parkway
Precinct 9 Charles L. Copeland Field House, Milton High School, Blue Hills Parkway
        Temporary Changes effective immediately
Precinct 6 Saint Agatha Auditorium, Adams Street
        Precinct 8 Saint Agatha Auditorium, Adams Street

11      James G. Mullen, Jr. moved, Marion V. McEttrick seconded and the Board voted unanimously to approve and sign the Warrant for the September 2004 State Primary Election.

12      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of Celebrate Milton! To hang banners in conjunction with their planned event on September 18th at the following locations: East Milton Fire House; intersection of Reedsdale Road and Randolph Avenue; and the intersection of Brook Road with Blue Hills Parkway.

13      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the issuance of a one-day liquor license to Curry College in conjunction with a fund-raising event to be held by the Stephen F. Lynch for Congress Committee from 5:30 to 8:30 p.m. on August 12, 2004.

14      A conference was held with Michael Roberts, Chair; Paul Sullivan, Jonathan Brown and Allen Smith, Members, Information Technology Committee; James Sgroi, Information Technology Coordinator.  The Committee presented its final recommendation for a financial system software solution for the Town of Milton.  Following discussion, Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the recommendations of the Information Technology Committee relative to acquiring and installing new financial management software from Intuit/Fundware for the following functions: General Ledger; Accounts Payable (with Purchase Orders); Payroll; Report Writer; and Project/Grants, while retaining the Data National modules for the remaining functions, at a cost of $70,905.75 for the software, licenses, and support services, plus $12,500 to acquire and install a new server, subject to Town Counsel’s approval of the proposed License Agreement.


15      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve forwarding to the Warrant Committee a Reserve Fund Transfer Request in the amount of $8,936.75 on behalf of the Information Technology Department to fund the balance of the acquisition and installation costs of new financial management software.

16      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve forwarding to the Warrant Committee a Reserve Fund Transfer Request in the amount of $12,500 on behalf of the Information Technology Department to fund the acquisition and installation of a server to support the new financial management software.

17      The Town Administrator reported the following:

A request of Milton Fuller Housing Corp. for a Sunday work permit.

The formation of a Focus Group and upcoming Regional Forum sponsored by the
Metropolitan Area Planning Council relative to church closings.

Proposed new Zoning Bylaw drafted by the Building Commissioner

Renewal of the Suburban Coalition membership.  Following discussion,  Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to renew the Suburban Coalition membership.
  

18      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously  at 7:45 p.m., with Marion V. McEttrick voting yes, James G. Mullen, Jr.  voting yes and Charles J. McCarthy voting yes,  to approve entering into Executive Session to discuss real estate, collective bargaining, and litigation  and to return to public session only for the purpose of adjournment.

15      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 9:30 p.m. to adjourn.