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April 20, 2004
SELECTMEN’S MEETING        TUESDAY, APRIL 20, 2004              5:30 P.M.

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


Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the  meeting minutes from the April 12, 2004, meeting.

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the meeting minutes from the May 12, 2003, meeting as amended.

Natalie Monroe, Co-President of the Milton League of Women Voters, thanked the Board and David Colton, Director of Public Works, for accepting responsibility to place the seven  sandwich signs donated by the League at various locations around Town before the election.
3       David Shea of Highland Street addressed the Board relative to the process the Warrant Committee undertook in cutting Town budgets for fiscal year 2005.

4       Ryan Villard, 2 Woodward Court, informed the Board that he will be collecting hazardous waste materials at the homes of the elderly and will drop them of at the May  hazardous waste day as part of his Eagle Scout project.

5       Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted 2-1, with James G. Mullen, Jr. voting no, to approve the requests of Esprit du Vin and the East Milton Package Store for the issuance of Sunday Opening permits to sell alcoholic beverages between 12:00 Noon and 6:00 p.m., and to establish an annual fee for Sunday Opening permits of $50. The  East Milton Package Store  permit is contingent on replacement of the sign and awning.

6       Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the issuance of a Common Victualler’s License to ON ah ROLL, 537 Adams Street, subject to Board of Health approval.

7       A conference was held with William O’Donnell, Norfolk County Registrar of Deeds.  Discussed was the new computer system,  updated web site and recently opened customer service center at the Registry of Deeds.

8       A conference was held with David Colton, Director of  Public Works.  Discussed was the contract for the Eliot Street water main replacement project.

9       Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously, at 6:00 p.m., with James G. Mullen, Jr. voting yes, Marion McEttrick voting yes and Charles McCarthy voting yes,  to entering into Executive Session to discuss potential litigation  and to return to public session.

10      The Board returned to public session at 6:10 p.m. and resumed the conference with David Colton, Director of Public Works, relative to the contract for the Eliot Street water main replacement project.  Following discussion,  Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the award of the contract for the Eliot Street Water Main Replacement project to McLaughlin Brothers, 120 Clinton Street, Brockton, MA, in the amount of $594,512.39, and to authorize the Town Administrator to sign the contract on behalf of the Board.  Mr. Colton advised the Board that an MWRA water main line that services Quincy is leaking under the expressway and will be repaired.

11      A conference was held with Charles Winchester, Chair, School Building Committee and members Glenn Pavlicek and Anthony Cichello.  Discussed were new legislative proposals from both the Governor and legislative leaders to restructure the School Building Assistance Program and the proposed amendment to School Construction Regulations.

12      A conference was held with Philip McNulty, Library Director; Katherine Fagan, Chair, Board of Library Trustees; Susanna Badgley Place, Chairperson, Library Space Needs Committee;  Sean Stewart, Member, Library Space Needs Committee.  Discussed were the schematic plans for renovating and expanding the main Library and the following warrant articles on the Annual Town Meeting Warrant: Article 31, Acceptance of Library Schematic Design; Article 32, Authorize Library Trustees to Apply for State Funds; Article 33, Establish Library Building Committee.

13      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 $3,161 for the cost of Unemployment Compensation for the month of March.

14      The Board discussed the 2004 Annual Town Meeting Warrant articles and voted as follows:

Charles McCarthy moved, Marion McEttrick seconded and the Board voted unanimously to support article 6, Capital Borrowing Authorization and article 7, Establish Capital Stabilization Fund before Town Meeting.

Charles McCarthy moved, Marion McEttrick seconded and the Board voted unanimously to support article 9, Capital Expenditure - DPW Equipment before Town Meeting.

Charles McCarthy moved, Marion McEttrick seconded and the Board voted unanimously to support article 14, Amend Chapter 13-Personnel Bylaw before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 32, Acceptance of Library Schematic Design before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 33, Authorize Library Trustees to Apply for State Funds before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 34,  Establish Library Building Committee before Town Meeting.
Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 39, Acceptance of Land Donation as Park Land before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 44, Appropriation from the Sale of the Hillside Property before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted 2-1, with James G. Mullen, Jr. voting no,  to support article 48, Zoning Amendment-Home Occupation Bylaw before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to reopen its vote at its meeting on March 15, 2004, on article 49, Amend Condominium Conversion Bylaw.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 49, Amend Condominium Conversion Bylaw before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 50, Amend General Bylaws-Change Due Dates of Town Budgets  before Town Meeting.

Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to support article 52, Amend Chapter 6 of the General Bylaws, Add Section 41 - Dog Fouling before Town Meeting.

The Board deferred action at this time on articles 8, Capital Items Appropriation-Financial Management Software; 30, Library Revolving Fund; 38, Rental of Ulin Rink; and 51, Amend Chapter 6, Section 34 of the General Bylaws-Alcoholic Beverages on Leased Premises.

15      Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to approve the issuance of a one day liquor license to Saint Elizabeth Parish in conjunction with their Parish Appreciation Dinner on May 7, 2004, from 7:00 p.m. to 11:00 p.m.

16      Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to approve the request of the Village School in Milton to hang banners from April 26 - May 1, 2004, to promote their annual Spring Fair Fundraiser, to be held on Saturday, May 1, at the following locations: (1) East Milton Fire Station; (2) the main Library (with the approval of the Board of Library Trustees); and (3) at Cunningham Park (with the approval of the Cunningham Park Trustees).

17      Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to approve the request of the Milton American Little League to use Town ways for its Annual Opening Day Parade on April 24, 2004, starting at 12:00 Noon.

18      A conference was held with Kevin J. Mearn, Chief of Police.  Discussed were his year 2004 goals and objectives.  Following discussion, Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to approve the year 2004 goals and objectives of the Chief of Police.

19      A conference was held with Malcolm Larson, Fire Chief.  Discussed were his fiscal year 2005 goals and objectives.  Following discussion, Marion McEttrick moved, Charles McCarthy seconded and the Board voted unanimously to approve the fiscal year 2005 goals and objectives of the Fire Chief.

20      Chair James G. Mullen, Jr. addressed the Board regarding the reasons why the Registrars of Voters  conducted half a census this year.   Chairman Mullen cited that due to Warrant Committee reductions to the Town Clerk’s FY04 budget he was unable to conduct a Town wide census.  Due to the fact that the Board of Selectmen appoint the Registrars of Voters, both Marion V. McEttrick and Charles J. McCarthy were concerned conducting only have a census would be in violation of state law.  Following discussion on this issue, Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted 2-1, with James G. Mullen, Jr. voting no, to send a communication to the Warrant Committee requesting that they amend the recommendation to Town Meeting on  Article 17, General Government Appropriation.    The Board requests that a line item be added to the Town Clerk’s budget for the Annual Town Census in the amount of $5,000.  Charles J. McCarthy protested the recess taken by Chairman Mullen during the April 12th meeting.  Member McCarthy felt that the recess was inappropriate because Town business was discussed during that recess.  Member McCarthy stated on two occasions during the recess that he did not want to participate in the discussion.

21      Charles J. McCarthy addressed the Board regarding absentee ballot information being put on the Town of Milton web site.    Following discussion, Charles J. McCarthy moved, but no second was given on a vote to post absentee ballot information on the Town of Milton web site.       

21      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously, at 9:00 p.m., with James G. Mullen, Jr. voting yes, Marion McEttrick voting yes and Charles McCarthy voting yes,  to entering into Executive Session to discuss collective bargaining and real estate, and to return to public session only for the purpose of adjournment.

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously, at 10:00 p.m., to adjourn.