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SELECTMEN’S MEETING MONDAY, JULY 18, 2005 5:30 p.m.
In attendance: Marion V. McEttrick, Charles J. McCarthy, James G. Mullen, Jr., David A. Colton, Town Administrator and Annemarie Fagan, Assistant Town Administrator
Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the June 5, 2005 meeting minutes as amended.
Diane DiTullio Agostino, 147 Ridgewood Road, addressed the Board regarding the Request for Proposal for the Town Yard property on Randolph Avenue.
Marietta Surrette, 132 Ridgewood Road, addressed the Board regarding the Request for Proposal for the Town Yard property on Randolph Avenue.
In conformity with the requirements of Section 22 of Chapter 166 of the Massachusetts General Laws (Ter.Ed.), a public hearing was convened upon the petition of Boston Edison (Nstar Electric) requesting permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits to be located under Hillside Street, southeasterly approximately 150 feet east of Carisbrooke Road, a distance of 14 feet. Nstar Representative Sheila Gillis addressed the Board to answer questions. Following discussion, Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of Boston Edison (Nstar Electric) for a grant of location to construct a line of conduits and manholes
with the necessary wires and cables therein, said conduits to be located under Hillside Street, southeasterly approximately 150 feet east of Carisbrooke Road, a distance of 14 feet, contingent upon the applicant securing a street opening permit from the Department of Conservation and Recreation.
In conformity with the requirements of Section 22 of Chapter 166 of the Massachusetts General Laws (Ter.Ed.), a public hearing was convened upon the petition of Boston Edison (Nstar Electric) requesting permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits to be located under Highland Street, easterly @ pole 13/30 approximately 865 feet south of Clifton Road, a distance of 12 feet. Nstar Representative Sheila Gillis addressed the Board to answer questions. Following discussion, Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of Boston Edison (Nstar Electric) for a grant of location to construct a line of conduits and manholes with
the necessary wires and cables therein, said conduits to be located under Highland Street, easterly, @ pole 13/30 approximately 865 feet south of Clifton Road contingent upon the applicant contacting the Town Planner prior to the temporary removal of the wall so that bonding can be secured.
6 In conformity with the requirements of Section 22 of Chapter 166 of the Massachusetts General Laws (Ter.Ed.), a public hearing was convened upon the petition of Boston Edison (Nstar Electric) requesting permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits to be located under Brush Hill Road, southerly @ pole 27/71 approximately 535 feet southwest of Dana Avenue, a distance of 10 feet. Nstar Representative Sheila Gillis addressed the Board to answer questions. Following discussion, Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of Boston Edison (Nstar
Electric) for a grant of location to construct a line of conduits and manholes with the necessary wires and cables therein, said conduits to be located under Brush Hill Road, southerly @ pole 27/71 approximately 535 feet southwest of Dana Avenue contingent upon the applicant securing a street opening permit from the Department of Public Works and that the electrical conduit beneath the street pavement be encased in concrete.
7 In conformity with the requirements of Chapter 138 of the Massachusetts General Laws, a public hearing was convened upon the request of East Milton Package Goods Store, Inc., 368 Granite Avenue, Milton to transfer a liquor license to sell at retail all alcoholic beverages as a package store to Delaney Liquors, Inc., 368 Granite Avenue, Milton, MA. Stephen Delaney and Business Broker James Walsh answered the Board’s questions. All pertinent paperwork was submitted to meet the ABCC’s requirements. Following discussion, the Board deferred for further review approval of the transfer of the liquor license when Mr. Walsh requested that the Board pledge the liquor license to Sovereign Bank which holds the
note.
8 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to close the Public Hearing for Acapulco’s Mexican Family Restaurant without disposition.
9 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to that all action taken by the Town Treasurer in advertising for public sale of the $10,049,455 aggregate principal amount of Bond Anticipation Note (School Bonds), No. R-1 dated August 5, 2005, payable January 20, 2006 (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 under Article 1 of the Warrant at the Special Town Meeting held on February 26, 2002, 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 5, 2005; shall mature on January 20, 2006, 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, The Bank of New York Trust Company, N.A., 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
Sovereign Securities
Corporation, LLC R-1 $10,049,455 3.25% $31,354.30
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”).
10 A Conference was held with Kathryn Fagan, Chair and Greg Buchanan, Member, Board of Library Trustees who discussed the $3.6M grant awarded by the Massachusetts Board of Library Commissioners and updated the Board on the Library project.
11 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the following appointments:
Jane Gaughan, 88 Wharf Street, to the Broadband Monitoring Committee to serve through May 31, 2006.
Ray Thill, 457 Eliot Street, to the Sign Review Committee to serve through May 31, 2006.
12 A conference was held with Director of Public Works/Town Engineer Walter Heller. Discussed was the time table for installation of the new street signs and the fire hydrant painting program.
13 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the following FY06 water and sewer rates, effective August 1, 2005:
Water $21 minimum charge ($3.50 per 100 cubic feet) for any consumption up to 600 cubic feet per quarter; and $4.30 for each 100 cubic feet above 600 consumed.
Sewer $27 minimum charge ($4.50 per 100 cubic feet) for any consumption up to 600 cubic feet per quarter; and $7.72 for each 100 cubic feet above 600 consumed..
15 The Town Administrator discussed with the Board a status report of traffic volume and speed on Highland and Thacher Streets.
16 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously, at 6:55 p.m., with Charles J. McCarthy voting yes, James G. Mullen, Jr. voting yes and Marion V. McEttrick voting yes, to enter Executive Session for the purpose of discussing Collective Bargaining, Litigation and Real Estate, and to return to Open Session to complete agenda business.
17 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously, at 8:00 p.m., with Charles J. McCarthy voting yes, James G. Mullen, Jr. voting yes and Marion V. McEttrick voting yes, to return to Open Session to complete agenda business.
18 A conference was held with Director of Public Works/Town Engineer Walter Heller. Discussed was the present condition of the Town Yard, its usefulness as a DPW Yard going forward, its makeup of land and buildings, its environmental status, how one might conceive a new facility, etc.
19 A conference was held with Anthony Lionetta, P.E., traffic consultant from the Beta Group. Discussed were traffic issues raised at the June 23 Public Hearing, i.e. concerns around adding a new signal at Pleasant Street, relative traffic impacts from commercial v. residential development in general, and for a discussion on the nature of the Rt. 28 traffic issues.
29 A conference was held with Consultant Jon Whitten. Discussed were the LEGAL requirements for issuing an RFP, accepting a proposal, and disposing of the property. When is it appropriate to do an appraisal, review the Town meeting votes needed, how free is the Town to negotiate with a respondent, what things can we do to ensure that we receive more than one proposal and what are the five or so most important legal pitfalls to avoid.
30 Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 10:30 p.m. to adjourn.
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