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April 5, 2012
BOARD OF SELECTMEN’S MEETING, THURSDAY APRIL 5, 2012

In attendance: Robert C. Sweeney, Chair; John Michael Shields, Secretary; J. Thomas Hurley, Member; Kevin Mearn, Town Administrator; Patricia Cahill, Senior Administrative Clerk

  • Chairman Sweeney called the meeting to order at 6:35 pm in the John A. Cronin Conference Room of Town Hall.
  • J. Thomas Hurley moved, John Michael Shields seconded and the Board voted unanimously to approve the March 14, 2012 meeting minutes as written.
  • J. Thomas Hurley moved, John Michael Shields seconded and the Board voted unanimously to approve the March 22, 2012 meeting minutes as written.
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the March 29, 2012 meeting minutes as written.
  • The Board confirmed the next meeting of the Board of Selectmen as Tuesday April 17, 2012.
  • Resident Paul Vaughan addressed the Board regarding the proposed Community Preservation Act article that will be considered at the 2012 Annual Town Meeting.
  • The Board met with Rich Sullivan, CFO of Curry College; Brian Sullivan, Manager of Ulin Rink and Bob O’Connell, Building and Grounds Director for Curry College to provide an update on activity at the Ulin Rink.
  • Pursuant to Chapter 138 of the M.G.L., the Board convened a public hearing upon the application of Milton’s Opus, LLC located at 95 Eliot Street for a liquor license to expose, keep for sale and to sell alcoholic beverages to be consumed on the premises by members and guests. Abutters have been notified and the hearing was noticed in the March 15, Milton Times. No abutters appeared before the Board. Backup paperwork and the proposed conditions that were created in a joint meeting with Town Counsel and Dan Kerrigan were discussed. As with licenses granted to Abby Park and 88 Wharf Street, the conditions that cannot be imposed on a liquor license are imposed on the common victualler’s license and therefore both licenses are issued simultaneously. Present at the Public Meeting was Dan Kerrigan, Milton Opus, LLC; Robert Sheffield, Attorney Milton Opus, LLC and David DeLuca, Town Counsel.
After a brief discussion with Town Counsel David DeLuca regarding proposed conditions, J. Thomas Hurley moved, John Michael Shields seconded and the Board voted unanimously to grant a common victualler’s license to Milton’s Opus, LLC contingent upon the applicant’s agreement to the following conditions required by the Town:

  • Compliance with all state and local laws and regulations including regulations of the Board of Health, the zoning bylaw and the Massachusetts building code.  To insure compliance with their respective rules and regulations and laws all agencies referred to above shall be afforded reasonable and timely access to the license premises.  The Board of Selectmen as the Licensing Authority or the Chief of Police or his designee shall be afforded access during all hours of operation to insure compliance with all laws and conditions of this license.
  • The applicant shall submit a plan drawn to scale by a registered architect or engineer Ganek Architects, dated 2/14/12 which shall show: exterior property boundaries, building dimensions and designated parking areas.  The interior net floor area, the area of the room or rooms measured between the interior walls exclusive of stairways, service bars, hallways, lobbies, kitchens, waiting areas, etc., and dimensions of existing room or rooms, function rooms and rooms or areas in which alcoholic beverages are to be served:  the location of any proposed service bars, counters or waiting areas; terrace patio area and the area to which seats of benches are to be securely fastened to the floor, commonly called booths; the areas where there are to be moveable or unsecured seats and tables; entrances and exits; all rooms not being requested to be licensed for alcohol service such as kitchens, coatrooms, lobbies and bathrooms; areas designated for storage of food, alcohol storage, refuse storage and used cooking oil storage; location and type of ventilation.
  • CAPACITY – Restaurant seating capacity may not exceed 148 seats, including service bar and Terrace/Patio seating.  Seating at the service bar may not exceed 17 people.
  • HOURS OF OPERATION – Hours will be 11:00 a.m. to 12 mid-night Sunday through Saturday.  Terrace/Patio seating after 10:00 p.m is not permitted.
  • NOISE; MUSIC; ENTERTAINMENT – Noise levels including television sound inside the restaurant will be controlled and moderate such that they do not unreasonably disturb neighbors and adjacent businesses.  Music shall be of a quiet background type.  No music or excessive noise is permitted on the Terrace/Patio.  Live piano music is permitted inside the restaurant.
  • REFUSE LOCATION AND REMOVAL – Refuse including used cooking oil shall be located so that it causes no offensive odors and presents no fire hazard.  The timing of refuse removal shall be managed so as to minimize disruption to neighboring businesses and residents and the restaurant shall maintain a clean and odor free refuse storage area.
  • SECURITY SYSTEM/ALARM – The restaurant will install a security system and will have the system professionally  monitored, in such a way that alarms are promptly investigate and can be turned off without undue disruption of neighboring businesses and residents.
  • TAKEOUT SERVICE – Take out service is not to exceed   3% of the total business.
  • DELIVERIES – Deliveries to the restaurant shall be confined to the hours between 9:00 a.m. and 4:00 p.m.  Parking for deliveries shall be from designated loading zone or dedicated parking areas only, and in a manner to minimize traffic disruption.  Delivery service of take-out items shall be confined to the use of one vehicle and shall be conducted in a manner to minimize public inconvenience.
  • LOTTERY AND KENO – There shall be no Lottery or KENO sales.
  • SMOKING – No smoking is permitted in the restaurant or on Eliot Street in front of the restaurant.  Designated smoking area shall be 10 feet north of restaurant entrance.
  • SIGNS – All signs shall be in accordance with the Planning Board and the Board of Appeals decision and further permission required shall be sought from the Building Inspector and if necessary from the Board of Selectmen in accordance with the Town’s Sign Bylaw.  The applicant will be responsible for directional parking signs.
  • RESTAURANT PARKING – On street parking is permitted and parking in areas as designated and approved by the Planning Board and incorporated herein.

John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to grant a liquor license to Milton’s Opus, LLC to expose, keep for sale and to sell alcoholic beverages to be consumed on the premises by members and guests contingent upon the applicant’s agreement to the following attached conditions required by the Town, as amended by Selectman Hurley and contingent upon legislative approval of the Home Rule Petition and the ABCC:  

  • RESTAURANT NOT A BAR – Restaurant revenue from the sale of alcohol may not exceed 25% of the total annual restaurant revenue.  At the time of annual renewal of the liquor license, the owner must provide reviewed financial statements showing that the restaurant liquor sales in the preceding year to not exceed 25% of total annual restaurant revenue.
  • HOURS OF OPERATION – Hours of operation must be consistent with the hours of the Common Victualler’s License.  The sale of alcoholic beverages is limited to the times the restaurant is open and food is available.  No alcoholic beverages shall be sold or served from the premises to be consumed off the premises.  No alcohol shall be sold, delivered or otherwise permitted with take out or delivery service of food.
  • SEATING - The number of seats at the service bar where alcohol is served may not exceed 17 seats.  Food service must be available at the service bar, and maximum of 2 alcoholic beverages may be served to a patron at a service bar or lounge area prior to service of food.
  • EMPLOYEE TRAINING – Licensee must participate in a program designed to train employees in methods of observation and detection to avoid serving or selling alcohol to intoxicated persons or minors.  All employees, whether, full, part-time or occasional who engage in the sale, pouring or service of alcohol shall, within thirty (30) days of their employment, be required to participate in and receive certification by the following training programs:  training for Intervention Procedures by Servers of Alcohol (T.I.P.S.):  Alcohol Intervention Methods (A.I.M.); or other training programs offered by a certified trainer and other training programs previously approved by the Board of Selectmen.  Employees shall be re-certified by an approved training program or in-house trainer at intervals of no more than three years.  Licensee must maintain a file containing copies of current certification records for all employees engaged in the sale, pouring or service of alcohol.  The file shall be available for examinations upon request of the Milton Board of Selectmen or Milton Police Department.
  • SALE OF ALCOHOLIC BEVERAGES – The sale of alcoholic beverages at reduced or discounted prices during specified times, including without limitation “happy hours” and “two for the price of one” specials is expressly prohibited.  The sale or service of alcoholic beverages in pitchers in prohibited.
  • The owner or, in the case of a corporation, the Manager of the licensed premises, or his designee shall be present on the premises at all times during which alcoholic beverages are sold.  The names and addresses of each individual referred to in the preceding sentence shall be submitted to the Board of Selectmen and Chief of Police.
  • The sale and/or service of alcoholic beverages is prohibited in any area not licensed by the Board of Selectmen, and no change in such area or location shall be made without approval of the Board of Selectmen and unless shown on an amended plan.
  • No individual, partnership or corporation shall be issued more than one License.
  • No more than one alcoholic beverages license may be exercised on the same premises at any time.
  • Licenses shall maintain a file containing copies of the current certification records for all employees engaged in the sale, pouring or service of alcohol.  The file shall be available for examination upon request of the Milton Board of Selectmen or the Milton Police Department.
  • Failure to comply with the requirements of this policy, including by not limited to the sale or service of alcohol by an uncertified employee with more than 30 days of service, may result in a public hearing to determine whether the licensee’s license should be suspended, revoked or subject to any other sanction permitted by law.
        
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a request from the owners of the restaurant at 95 Eliot Street, to install a decorative steel-framed wooden awning which will extend from the restaurant’s main entrance, around the corner and down the Eliot Street side of the building for a distance of 15 feet.
  • The Board met with Tim Fallon, Peter Racicot, and Sean Tyler representatives from Fallon Ambulance to discuss the proposed five year contract between the Town and Fallon Emergency Medical Services, Inc. Also present for the discussion were Jack Grant, Fire Chief and Richard Wells, Jr., Police Chief.
After a brief discussion, J. Thomas Hurley moved, John Michael Shields seconded and the Board voted unanimously to approve a five year contract between the Town and Fallon Emergency Medical Services, Inc.

  • William Ritchie, Director of Consolidated Facilities met with the Board to update the Board on the progress being made within the Consolidated Facilities Department with regards to staffing and the building needs study.  
J. Thomas Hurley moved, John Michael Shields seconded and the Board voted unanimously to approve the request of Consolidated Facilities Director William Ritchie to appoint Robert I. Mayhew, 112 Flaggler Drive, Marshfield to the position of Operations Manager in the Consolidated Facilities Department contingent upon Personnel Board approval, a successful pre-employment physical and background check.

  • The Board met with Chief Richard Wells to follow up on questions that the Board had from a previous meeting regarding the reactivation of an additional K9 Unit.
J. Thomas Hurley moved, John Michael Shields seconded, and the Board voted unanimously to authorize Chief Wells to reactivate an additional K-9 unit into service with the stipulation that in 6 months Chief Wells will present to the Board activities of the second K-9 unit.

  • J. Thomas Hurley presented the Community Preservation Act, the acceptance of  which is being considered at the 2012 annual town meeting.
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the appointment of Emily Martin, 4 Hope Avenue, Milton, to the position of principal clerk in the Central Business Office contingent upon approval by the Personnel Board.
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a request from Curry College for lighting for a pre-existing sign located on the northwest corner of the Blue Hill Avenue and Milton Street intersection with two RAB 150 watt fixtures similar to the fixtures that are lighting the existing sign at the front gate of the college on Blue Hill Avenue, contingent upon the proposed lighting not being a distraction to the residents.
  • J. Thomas Hurley moved, John Michael Shields seconded, and the Board voted unanimously to approve the use of the Town’s streets and ways for the 2012 National Little League Opening Day festivities contingent upon approval by the Chief of Police.
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to approve Amendment One to the existing Waste Management contract which will extend the contract for collection, transportation and disposal of municipal solid waste, recyclables and yard waste from July 1, 2012 to June 30, 2014, and will include a new price/fee schedule and other contract language edits.
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to approve an agreement between the Town and NSTAR Electric for parallel operation of an interconnecting Customer’s Facility with NSTAR EPS to be installed and operated by the Town and to authorize the Town Administrator to sign all pertinent paperwork on behalf of the Town.
  • The Town Administrator reported to the Board that correspondence was received from the Attorney General regarding a settlement with Wheelabrator Saugus, Inc, for environmental claims. The Town of Milton will receive $53,990.44 from this settlement. The Town Administrator asked that the Board allow the Town Administrator on the behalf of the Town to approve any necessary paperwork regarding this payment.
        
        J. Thomas Hurley moved, John Michael Shields seconded and the Board voted       unanimously to authorize that the Town Administrator to sign all pertinent paperwork    relating to Wheelbrator Saugus, Inc. settlement on behalf of the Town.    

  • Robert C. Sweeney moved, J. Thomas Hurley seconded and the Board voted unanimously at 9:47 pm, with J. Thomas Hurley voting yes, John Michael Shields voting yes, and Robert C. Sweeney voting yes, to enter into Executive Session for the purpose of of discussing strategy with regard to litigation, believing that having this discussion in open session would have a detrimental effect on the negotiating position of the body and to return to open session only for the purpose of adjournment.
  • John Michael Shields moved, J. Thomas Hurley seconded and the Board voted unanimously to adjourn at 10:13 p.m.
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        John Michael Shields