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May 17, 2004
SELECTMEN’S MEETING              MONDAY, MAY 17, 2004               5:30 P.M.

In attendance: Charles J. McCarthy, Marion V. McEttrick, James G. Mullen, Jr., David W. Owen, Town Administrator and Paula Rizzi, Executive Secretary.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted to approve the May 6 and May 10, 2004 meeting minutes.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Michael A. Collins to the position of Police Lieutenant in the Milton Police Department, effective on May 22, 2004, subject to the concurrence of the Personnel Board.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Charles M. Caputo to the position of Police Sergeant in the Milton Police Department, effective on May 22, 2004, subject to the concurrence of the Personnel Board.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Denis J. Murphy, 31 Horton Place, Milton to the position of Maintenance Man, Motor Equipment Operator W-2 in the Department of Public Works, subject to his successful completion of a pre-employment physical examination and the concurrence of the Personnel Board.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Christopher Chisholm, 42 Park Street, to the position of Seasonal Laborer in the Town Office Building Department, subject to the concurrence of the Personnel Board.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the following appointments to boards, committees and commissions:   
Bicycle Advisory Committee
(one year term-nine members)

Reappointments:         Joshua Nemzer, Martin Bauer, Robert Schindler, David Forsyth, Marjorie Jeffries, and Michael Blackwell

The Broadband Monitoring Committee
(formerly Cable TV License Committee)
(one year term-five members)

Reappointments:         Daniel Carney,  Jonathan Brown, Mary Ellen Berman, Eleanor McGrath and Bernard J. Lynch, III



Celebration of Holidays Committee

(one year term-four members)

Reappointments:         Mary Mullen Burke, J. Alexander Harte and Edward Villard

Commission on Disability
(three year term-five members)

Reappointments:         Jeffrey Grant, Charles P. Gamer, Emanuel Alves

Conservation Commission
(three year term-seven members)

Reappointments:         John Kiernan    

Council on Aging Board Members
(three year term-nine members)

Reappointments:         Paul Kelly, Virginia Hannigan, Edward Browne

Council on Aging Associate Members
(two year term-fourteen members)

Reappointments:         Mary Ellen Berman, Deborah Neely, Enid Chapman, Gerard Joyce, Charles Keenan, Elva Proctor
Cultural Council
(three year term-nine members)

Reappointments:         Carol Dyer, Jennifer Mowe

Education Fund Committee
(three year term-six members)

Reappointments:         Janice Blake, Mary Gormley, Ellen Hutchinson, Magdalene Giffune, John Michael Shields, Kevin Sorgi

Fair Housing Committee
(one year term-seven members -includes Fair Housing Officer)

Reappointments:         Thomas Callahan, Reverend George Welles, Jr., Barbara Nickerson, Joseph A. Duffy, Jr., Kerby Roberson, Alexander Whiteside, and David W. Owen-Fair Housing Officer

Group Insurance Advisory Committee
(one year term)

Reappointments:         Diane Gore, Brian Mantville, Michael LeVangie, Thomas Monahan, Sally Lawler, Brian Borde, Jason Scherer, Joseph G. Graziani, Jr., Leo Judge, Annmarie Raymond

Historical Commission
(three year term-seven members)

Reappointments:         Frances Westerbeke, Meredith Hall
Remaining Members:      Nicholas Carter(06) Richard Walwood (06),  Joseph J. O’Neill(05), Anthony M. Sammarco(05), Ann Walsh(05
Local Emergency Planning Committee

(one year term-fifteen members)

Reappointments:         Dep. Chief Brian Linehan, Dep. Chief Richard Wells, David W. Owen, Chief Kevin Mearn, Mark Williams, Christopher Grazioso (Fallon Ambulance), Mary Whitney, Barbara Malacuria (Milton Hospital), Marie Gabriel (Milton Hospital), James Roberts (Curry College), John J. Hackett, Jr.  (Milton Academy), Joseph Martinelli, Steven Crawford, William Ritchie, Clifford Flynn, John Fleming and Aaron Henry

Milton Village/Central Avenue Revitalization Committee
(term-one year-nine members)

Reappointments:         John Zychowicz, Edward J. Corcoran, II, Katherine Dunphy,  Wendy
             Ingram, Harrison Williams, Michael Wilcox, Taber Keally, Richard Kleiman,(one vacancy)

Privacy Officer
(one year term)

Reappointment:          Diane Gore

Radio Amateur Communications Emergency System Operators
(term-one year-two members)

Reappointments:         Walter L. McDermott, Jr. and Paul Hopkins
                                        Sign Review Committee
(one year term-seven members)

Reappointments:         Paul Maduri, Michael Zimmer, John Irwin, John Zychowicz, Kenneth Lewandowski

Sealer of Weights and Measures
(one year term-Police Officer)

Reappointment:          Mark Alba

Telecommunications Design Review Committee
(one year citizen term, two year Planning Board term, and three year Board of Appeals term)

Reappointment:          John Lawton and J. William Dolan

Tree Warden
(one year term)

Reappointment:          Branch B. Lane

Zoning - Building & Health Codes Committee
(one year term-five members)

Reappointments:         Steven Crawford,  Malcolm Larson, Kevin Mearn and Walter White (Whenever the Health Department hires a new Agent, he/she will be asked to join this committee.)

The Board conducted a public hearing prior to submitting a grant application to the Massachusetts Highway Department under the Public Works/Economic Development (PWED) program.  Present were David Colton, Public Works Director, Anthony Lionetta from Earth Tech, the Town’s engineer for this project, and Town Planner, Aaron Henry.  This project is proposing to extend Adams Street from the intersection of Canton Avenue/ Randolph Avenue/ High Street, north to the Boston City line an overall distance of about 1000 LF and to make improvements that are sensitive to the needs of pedestrians, the area’s traffic flow and economic development.  The Concept Plan was reviewed and the proposed improvements were discussed.  Town Planner Aaron Henry and Mr. Lionetta addressed questions concerning traffic flow and parking issues.  At the end of discussion, Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the program of improvements developed by the Department of Public Works for inclusion in the Public Works/Economic Development Grant application, and to endorse submission of a Public Works/Economic Development Grant application to the Massachusetts Highway Department for funding consideration.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign a letter of engagement with Town Counsel to cover Fiscal Year ‘05.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Council on Aging for a Reserve Fund Transfer in the amount of $888.60 for its general expense-utilities account, and to refer the request to the Warrant Committee for its approval.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Town Accountant for a Reserve Fund Transfer request in the amount of $2,152 for the Employment Security budget, and to refer the request to the Warrant Committee for its approval.

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 for Selectmen’s E & R in the amount of $642.65 for rental of chairs and staging for the Annual Town Meeting.

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 for Selectmen’s E & R in the amount of $1,215.89 for custodian overtime for the Annual Town Election and Annual Town Meeting.

The Board met with members of the Broadband Monitoring Committee to discuss its mid-term compliance audit of Comcast’s conformance with the terms and conditions of the License Renewal Agreement.  The Committee has found Comcast to be out of compliance with three terms of the agreement and is recommending that the Board issue notices of Breach to Comcast that have been prepared by Special Counsel, Peter Epstein.  After discussion, Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign Notice of Breach letters to Comcast for its non-compliance with the terms of the Renewal License Agreement, in regard to the following issues:


        For not constructing a hybrid fiber/coaxial (“HFC”) Institutional Network (“I-Net”) as required by Section 3.4(a);
        For its failure to install, provide, and/or maintain an Institutional Network (“I-Net”) Drop to the Council on Aging Building, as required by Section 3.4(f); and
        For its failure to employ two (2) full-time staff persons in its Milton studio during a six-month period in 1999, and a five-month period in 2000, as required by Section 4.1(a) of the Renewal License.



14.     Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Captain Forbes House Museum to hold a yard sale on Saturday, June 5, 2004 from 9:00 a.m. to 3:00 p.m. on the grounds of the Museum, subject to the condition that no dealers be allowed.

15      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the revised landscaping plan submitted by the Amateur Garden Club of Milton for the area in front of Town Hall.

16      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign a proclamation designating May 22, 2004 as MILTON CHIP DAY, and to recognize the efforts of the Milton Rotary Club, the Pierre Fauchard Academy, and the Grand Lodge of Mason for sponsoring the Comprehensive Student ID program in Milton.

17      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Park Department to use the Baron Hugo Gazebo on June 17, 2004 from 6:30 - 8:30 p.m for purposes of a children’s concert.

18      Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Board of Library Trustees to place banners promoting the upcoming Centennial celebration of the Library at the following locations:



        At the Main Library
        At Cunningham Park (with the approval of the Cunningham Park Trustees)
        In front of the Old High School in Brook Road (with the approval of the School Committee)
        On the triangle across from the Post Office (on the deck).

19      Chairman McCarthy acknowledged receipt of a letter from Cherie Dolgin announcing her resignation as coordinator of  the Residents Funds for the First Unitarian Church and he expressed the Board’s appreciation for her years of loyalty and dedication to the Town.

20      Town Administrator David Owen reported the following information:

        The Town is in receipt of the final payment for the Hillside Parcel.

        The DPW Open House date is Saturday, May 22 from 10-1 p.m. at the Town Yard.
        Senator Joyce is sponsoring the Cathode Ray/Computer Take-Back bill.
        An election for officers and executive committee members for the Metropolitan Area Planning Committee will be held on May 26.
        The Board has been invited to a joint meeting with the Planning Board of June 3 at 6:30 p.m. and on Thursday, May 20, at 7:00 p.m. for a community planning meeting with the MAPC.
        There will be a dedication of the Wood Street overpass on May 31st. in memory of Viet Nam veteran Paul Curran.
Mr. Owen also asked the Board to confirm future meeting dates as follows: Monday, June 7 and Monday, June 21; Tuesday, July 6 and Monday, July 19; Monday, August 2, and Monday, August 16, 2004.

Marion V. McEttrick  moved, James G. Mullen, Jr. seconded and the Board voted unanimously, at 7:30 p.m., with Charles McCarthy voting yes, Marion McEttrick voting yes and James G. Mullen, Jr. voting yes,  to entering into Executive Session to discuss real estate and collective bargaining and to return to public session for the purpose of adjournment.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 9:05 to adjourn.