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SELECTMEN’S MEETING TUESDAY, MARCH 8, 2005 5:30 P.M.
In attendance: Charles J. McCarthy, Marion V. McEttrick, James G. Mullen, Jr., David A. Colton, Town Administrator and Paula Rizzi, Executive Secretary
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the February 28, 2005 meeting minutes as written.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to award the $17,000,000 Town of Milton, Massachusetts Bond Anticipation School Notes dated March 11, 2005 and maturing January 20, 2006 to Bank of America, $10,000,000 at a net interest cost of 2.4606% and $7,000,000 at a net interest cost of 2.4815% as set forth in a document prepared by Ropes & Gray LLP, Bond Counsel to the Town to be inserted into the minutes of this meeting.
Pursuant to Chapter 138, Sections 23 and 64 of the Massachusetts General Laws, the Milton Board of Selectmen held a public hearing to examine a charge that on Saturday, January 29, 2005 at approximately 9:30 p.m., alcohol was sold at East Milton Package Goods Store, Inc. to a person under the age of 21. The purpose of the hearing is to determine whether this charge is true and, if so, whether the license to sell alcoholic beverages at East Milton Package Goods Store, Inc. shall be modified, suspended, revoked or cancelled. East Milton Package Goods Store, Inc. has the right to be represented by counsel at this hearing and to present such evidence as it desires.
Chairman McCarthy asked Town Counsel and the owner/manager of East Milton Package Goods Store, Inc. to introduce themselves. They were David DeLuca, Town Counsel, and Barry Levine, owner/manager of East Milton Package Goods Store, Inc.
Reporting Officer, Sgt. Michael Breen of the Milton Police Department, was sworn in by the Chairman. Town Counsel made no opening statement.
St. Breen gave his account of the events on January 29, 2005. He alleged that a person under the age of twenty-one purchased alcohol from East Milton Package Goods Store, Inc. and was not asked for any identification by a clerk in that establishment.
Barry Levine, owner/manager of East Milton Package Goods Store was sworn in by Chairman McCarthy. Mr. Levine did not contest the allegations against his establishment and appealed to the Board to consider the record of his operation over the years when determining suitable penalty for this incident.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted that in hearing the facts as alleged in a complaint against East Milton Package Goods Store, Inc., that the Board finds that alcohol was sold to a person under the age of twenty-one years of age on January 29, 2005, and an employee of that establishment failed to check identification of that person and that East Milton Package Goods Store, Inc. is in violation of Chapter 138, Sections 23 and 64 of the Massachusetts General Laws. The Board deferred a decision on suitable punishment for this violation until its next meeting.
The Board met with John Michael Shields, Chair of the Education Fund Committee who discussed the successful history of this program that uses money donated by residents when paying their excise tax to sponsor cultural events for the students of the Milton Public Schools. Mr. Shields stressed that these programs are interfaced with school curriculum and have the sanction of school administration. Mr. Shields encouraged residents to be as generous as possible when considering support of this program.
The Board met with Natalie Albers and Janet MacNeil who made a presentation on the National Wildlife Federation’s Habitat Steward Training Program. It is the goal of this program to create schoolyard habitats (outdoor classrooms) at all schools in Milton and to encourage residents to create habitats in their own backyards, workplaces, and public areas. The ultimate goal is to have Milton certified with the Nation Wildlife Federation as a Wildlife Habitat Community.
The Board met with Steven Hennessy, Personnel Board Chair, to discuss an article for the Annual Town Meeting proposed by the Personnel Board. This article would empower town government, not Town Meeting, to make decisions for Chapter 13 employees that have to do with fringe benefits. The Board agreed to support this article.
The Board met with Kevin Mearn, Chief of Police, to discuss a dog complaint. The Richard and Byrne families are neighbors living on Apple Lane. This complaint has to do with the Byrne’s German Shepard who has on two separate occasions attacked the Richard’s Cocker Spaniel and is considered aggressive and needs to be removed from the neighborhood to prevent any further attacks.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to recommend that the Byrne family be granted thirty (30) days, without extension, to relocate their dog, and that during those thirty days their dog will remain in the Byrne home and only be allowed outside while on a suitable leash under the control of a family member; any unleashed incidents with this dog during the thirty days will result in immediate forfeiture of the dog to the Animal Control Officer as well as an appropriate violation fine; if relocation does not take place within thirty days, the dog will be immediately removed by the Animal Control Officer for possible adoption or euthanasia; if, in the future, the neighbor’s dog no longer resides next door to the Byrne family, the Byrne’s dog will be permitted to return to live with them, provided that the back yard is fenced and the dog is not permitted to leave the residence unconfined or tethered on a leash.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to award th $10,000,000 Town of Milton, Massachusetts General Obligation School Bonds dated March 1, 2005 and maturing March 1, 2006-2025 to Corby Capital Markets, Inc. at a true interest cost of 4.078717% as set forth in a document prepared by Ropes & Gray LLP, Bond Counsel to the Town to be inserted into the minutes of this meeting.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the May 3, 2005 Special Town Meeting Warrant.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request for a one-day liquor license from Milton Academy for its Graduates Weekend Reunion to be held on May 13, 2005 and for its Alumni Reunion Party to be held on Saturday, May 14, 2005.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Milton Jr. Woman’s Club to hang three banners announcing its annual road race/fund raiser; one banner at the intersection of Randolph and Reedsdale Road, one banner at the Milton Fire House and one banner at Cunningham Park (with the approval of the Cunningham Foundation trustees).
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to award the contract for waste collection and transport of items collected at the Household Hazardous Waste Day on Saturday, April 30, 2005, to Clean Harbors and to authorize the Town Administrator to sign this contract on behalf of the Board.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to accept a grant from the Copeland Family Foundation, Inc. in the amount of $61,522 to be used as follows: $13,522 to purchase a 2004 Ford Ranger pickup truck for the Animal Control Officer, $30,000 as the first of three installments for the replacement and installation of new red street signs, and $18,000 to purchase 72" mower with trailer for the Department of Public Works.
The Board received a note of thanks from the Marc Susi Scholarship Fund Board of Trustees for use of the Town’s complimentary day at Quarry Hills in 2007.
Town Administrator David Colton distributed information to the Board concerning an electrical generating system that will burn methane gas and produce electricity. Proponents of this system will come before the Board next month to discuss the license and revenue implications.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve a Purchase and License Agreement between the Town of Milton and American Fundware, Inc. for a new financial software package in the amount of $17,342 and to authorize the Town Administrator to sign this contract on behalf of the Board of Selectmen.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously with Charles J. McCarthy voting yes, Marion V. McEttrick voting yes and James G. Mullen, Jr. voting yes to enter Executive Session at 7:35 p.m. for the purpose of discussing litigation and collective bargaining and to return to Open Session for the purpose of adjournment.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously at 9:00 to adjourn.
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