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March 15, 2004
SELECTMEN’S MEETING        MONDAY, MARCH 15, 2004              5:30 P.M.

In attendance:  James G. Mullen, Jr., Marion V. McEttrick, Charles J. McCarthy, David W. Owen, Town Administrator, 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 February 24, 2004, meeting as amended.

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the meeting minutes from the February 26, 2004, meeting.

Charles J. McCarthy moved, James G. Mullen Jr. seconded and the Board voted 2-0-1, with Marion V. McEttrick abstaining, to approve the meeting minutes from the March 8, 2004  meeting.

Kathleen Lavery, 115 Governors Road, addressed the Board regarding the School Building Project.

Martha Curtis, 135 Gun Hill Street, addressed the Board regarding the Wharf Street area development.

Kathleen Lawlor, 172 Adams Street, addressed the Board regarding the traffic impact and development in the Wharf Street area.

In conformity with the requirements of Section 22 of Chapter 40 of the General Laws, a Public Hearing was held at the Town Office Building, 525 Canton Avenue, Milton, MA, upon the application of Peter F. Troy of 71R Ford Ranch Road and James McGonagle of 17 Myers Lane, Milton, MA, to obtain a Livery License.  Peter F. Troy addressed the Board regarding his request for a Livery License.  Citing safety concerns and the fact that the two vehicles will not be garaged,  the Board continued the Public Hearing until Monday, March 29, 2004, and requested that the Building Commissioner issue an opinion on whether the lack of  garaging for the vehicles violates zoning bylaws.

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the issuance of a Common Victualler’s License to Milton Pizza & Subs, 537 Adams Street, subject to Board of Health approval of a food service license for the restaurant.

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to accept a gift of $400 from Joanne M. Trifone to purchase a park bench.

John Michael Shields, co-chair of the Milton Partnership for Education Fund  met with the Board to discuss the program and to urge citizens to continue to donate through the  property tax check off system.  Mr. Shields thanked the Board for its support of this program and the Treasurer/Collector’s Office for their assistance.  Mr.  Shields would also like to see a program put in place to address  the graffiti problem.

A conference was held with David A. Colton, Director of Public Works.  Discussed was the 2004 Paving Program, the contract awards for pavement management and the household hazardous waste day.  Following discussion,   Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the 2004 Paving Program as follows: Reedsdale Road, from Canton Avenue to Spafford Road; Reedsdale Road, from Spafford Road to Randolph Avenue; Hinckley Road, from Allerton to Ridge Road; Plymouth Avenue, entire; Cheever Street, entire; Bonad Road, entire; Adams Street, Libby to Centre Street; Canton Avenue, Dollar Lane southerly; and Hilltop Street.  

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to award contracts to the following bidders for the items and prices as indicated below:

Item Number     Item Description                                Low Bidder                      Unit Bid Price
1A              Bituminous Concrete Overlay             Aggregate Industries            $31.38  /  Ton
1B              Adjust Catch Basins/Manholes            Aggregate Industries            $110.00  /  Each
1C              Bituminous Concrete Berms               Aggregate Industries            $2.00  /  Foot
2               Cold Planing and Profiling              Costello Industries, Inc.               $1.88  / Sq. Yd.
3               Pavement Reclamation                    Rafferty Fine Grading Inc.       $1.24  /  Sq. Yd.
4A              Sealing Treatments                      All States Asphalt, Inc.                $2.49  /  Sq. Yd.
4B              Asphalt-Rubber                          All States Asphalt, Inc.                $3.30  /  Sq. Yd.
4C              Micro-Surfacing                         Sealcoating, Inc.                       $1.95  /  Sq. Yd.
4D              Paver Placed Treatment                  All States Asphalt, Inc.                $3.40  /  Sq. Yd.
5A              Crack Sealing - Asphalt Fiber           Crack-Sealing Inc.              $3.56  /  Gal.
5A-1            Crack Sealing - Asphalt Fiber (Alternative)     Sealcoating, Inc.                       $2895.00  /  day
5B              Crack Sealing - Road Flex               Superior Seal Coat              $25.00  /  Gal.
7A              Highway Guardrail - Steel Beam          DeLucca Fence Co., Inc.         $11.33  /  Foot
7B              Highway Guardrail - New Wood            DeLucca Fence Co., Inc.         $12.22  /  Foot
7C              Highway Guardrail - C-2-C Type          Commonwealth Guardrail Inc.     $13.90  /  Foot
9A              Catch Basin Cleaning - Town Disposal    Truax Corp                      $12.23  /  each
9B              Catch Basin Cleaning - Contractor Disposal      Truax Corp                      $41.00  /  each
10A             Earth Materials - Clays Delivered               Lorusso Corp.                   $8.00  /  Ton
10B             Earth Materials - Clays F.O.B. Plant    Lorusso Corp.                   $4.00  /  Ton
10C             Earth Materials - Gravels Delivered     Kingstown Corp                  $6.50  /  Ton
10D             Earth Materials - Gravels F.O.B. Plant  Kingstown Corp                  $4.00  /  Ton
10E             Earth Materials - Loam Delivered                Kingstown Corp                  $15.00  /  Ton
10F             Earth Materials - Loam F.O.B. Plant     Kingstown Corp                  $10.00  /  Ton
10G             Earth Materials - Ordinary Borrow Delivered     Kingstown Corp          $6.00  /  Ton
10H             Earth Materials - Ordinary Borrow F.O.B. Plant  Kingstown Corp          $3.50  /  Ton
10I             Earth Materials - Recycled Materials Delivered  TL Edwards, Inc.        $7.95  /  Ton
10J             Earth Materials - Recycled Materials F.O.B. Plant       TL Edwards, Inc.        $4.80  /  Ton
10K             Earth Materials - Sand Delivered                Kingstown Corp                  $6.83  /  Ton
10L             Earth Materials - Sand F.O.B. Plant     Kingstown Corp                  $4.00 /  Ton
10M             Earth Materials - Stone Delivered               Lorusso Corp.                   $12.50  /  Ton
10N             Earth Materials - Stone F.O.B. Plant    Lorusso Corp.                   $11.00  /  Ton
10O-1           Bituminous Concrete - Type I            TL Edwards, Inc.                $26.85  /  Ton
10O-2           Old Bituminous Concrete                 TL Edwards, Inc.                $0.00  /  Ton
10O-3           Winter Cold Patch                       TL Edwards, Inc.                $29.85  /  Ton

and to authorize the Town Administrator to sign such contracts on behalf of the Board.

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to award the contract for the Town’s Household Hazardous Waste Day to Jones Environmental Services, Inc. of Lowell, MA, in an amount not to exceed $20,000 and to authorize the Town Administrator to sign such contract on behalf of the Board, subject to Town Counsel approval.

10      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve forwarding to the Warrant Committee the Reserve Fund Transfer Request of the Police Department in the amount of $10,916 to replace one police cruiser.

11      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 for Selectmen’s E & R in the amount of $695 for printing of the March primary election warrant.

12      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 for Selectmen Professional Services in the amount of $20,160.62 for payment of Labor Counsel bills.

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 for Law Special Services in the amount of $26,449.75 for payment of Town Counsel’s bills.

14      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve and forward to the Personnel Board the appointment of Denece Ryland, 67 Maple Street, as a substitute Traffic Supervisor in the Milton Police Department.

15      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve to increase the FY05 budget of the Council on Aging by $2,225 for a new total of $152,518 to reflect the increased cost of electricity under our new electric supply contract and to forward it to the Warrant Committee.

16      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the request of the Fire Chief to increase the hours of the Department’s Principal Clerk position from 24.5 to 30 hours per week, subject to the approval of the Personnel Board.

17      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve placing  the following debt exclusion referendum question on the ballot of the April 27, 2004 Town Election:

“Shall the Town of Milton be allowed to exempt from the provisions of Proposition 2 ?, so called, the amounts required to pay for the bonds to be issued for:

Construction, equipping and furnishing of a new high school at the site of the existing Pierce Middle School, and/or repair, renovation, remodeling, equipping and furnishing of Pierce Middle School, and partial or complete demolition of Pierce Middle School, all for conversion to a new high school;

Repair, renovation, remodeling, equipping and furnishing of the existing Milton High School, and construction, equipping and furnishing of additions to Milton High School, and partial demolition of Milton High School, all for conversion to a new middle school;

Repair, renovation, remodeling, equipping and furnishing of Collicot School, and construction, equipping and furnishing of additions to Collicot School, or construction, equipping and furnishing of a new Collicot School, and partial or complete demolition of Collicot School;

Repair, renovation, remodeling, equipping and furnishing of Cunningham School, and construction, equipping and furnishing of additions to Cunningham School, and partial demolition of Cunningham School;

Repair, renovation, remodeling, equipping and furnishing of Glover School, and construction, equipping and furnishing of additions to Glover School, and partial demolition of Glover School; and

Repair, renovation, remodeling, equipping and furnishing of Tucker School, and construction, equipping and furnishing of additions to Tucker School, or construction, equipping, and furnishing of a new Tucker School, and partial demolition of Tucker School.

                Yes____         No____”

18      The Board discussed the $250,000 grant for the East Milton Parking Study.  Following discussion, Charles J. McCarthy moved, Marion V. McEttrick seconded and the Board voted 2-1, with James G. Mullen Jr. voting no, to send a letter to Congressman Stephen F. Lynch thanking him for obtaining federal funding to study possible improvements to the parking situation in East Milton Square and to invite the Congressman to a future Selectmen’s meeting.  

19      A conference was held with Susan Kiernan who represents the condominium owners at 333 Brush Hill Road regarding the zoning bylaw amendment article.  Following discussion, Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted 2-0-1, with Charles J. McCarthy abstaining, to support the warrant article to Amend  the Condominium Conversion Bylaw included in the 2004 Annual Town Meeting Warrant.

20      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the use of Town ways for the purpose of the 10th annual Charbo’s Run on Sunday, March 28, 2004 at 10:45 a.m.

21      Charles J. McCarthy  moved, James G. Mullen Jr. seconded and the Board voted 2-0-1, with Marion V. McEttrick abstaining, to approve the request of the Milton Rotary Club to use Town ways in conjunction with the Milton Rotary Club’s First Annual Rotary Bicycle Race Day on Saturday, May 15, 2004, between the hours of 9:00 a.m. and 3:00 p.m.
22      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the issuance of a one day liquor license to the Hoosic Club in conjunction with a fund-raising event for Milton Pride Day on March 6, 2004 from 7:00 to 12:00 midnight.

23      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the request of the Tucker PTO to hang a banner at the East Milton Fire Station from May 26 through June 6, 2004 in regard to their upcoming Annual Spring Fair.

24      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the request of FAME to place a sign on the lawn of the Brook Road School from March 16 through March 30, 2004 to promote the upcoming Parkway Orchestra Concert event.

25      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve the request of the Matrix Band to use the Baron Hugo gazebo for a free concert on June 24, 2004.

26      The Board will consider contract negotiations with Fallon Ambulance instead of the bid process for the Town’s ambulance contract.

27      A conference was held with the Board of Park Commissioners Barbara Brown, Terence Driscoll and John Davis.  Discussed was the amendment to the Lease Agreement with Milton Yacht Club and the proposed amendment to the Chapter 91 License.  Following discussion, Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted 2-1, with Charles J. McCarthy voting no, to approve and sign the amendment to the Lease Agreement with the Milton Yacht Club relative to establishing a maximum boat size for new boats to be accepted for winter storage in their boat yard.  John Davis moved, Terence Driscoll seconded and the Board of Park Commissioners voted unanimously to approve and sign the amendment to the Lease Agreement with the Milton Yacht Club relative to establishing a maximum boat size for new boats to be accepted for winter storage in their boat yard.  With respect to the proposed amendment to the Chapter 91 License to construct a platform next to the marine railway, the Board of Selectmen and Board of Park Commissioners would like to have more detailed plans before making their decision.  Park Commissioner Barbara Brown will be meeting with the Yacht Club members and will obtain specific information on the request to construct a platform next to the marine railway and report back to the Board of Selectmen and Board of Park Commissioners for consideration of this request.  

28      Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously to approve and sign proclamations recognizing the following residents who are being inducted into the Kiwanis Hall of Fame: Bernie J. Lynch; Channing Coveney; Robert E. Foster; Martha T. Curtis; John J. “Jack” Shaughnessy; John A. Cronin; Jeanne M. Stapleton.  

Marion V. McEttrick moved, Charles J. McCarthy seconded and the Board voted unanimously at 7:58 p.m. with James G. Mullen, Jr. voting yes, Marion V. McEttrick voting yes and Charles J. McCarthy voting yes to approve entering into Executive Session to discuss real estate and collective bargaining strategy, and to return to public session only for the purpose of adjournment.

The meeting adjourned at 9:30 p.m.