BOARD OF SELECTMEN’S MEETING WEDNESDAY, JULY 24, 2013
In attendance: Denis F. Keohane, J. Thomas Hurley, Kathleen M. Conlon, Annemarie Fagan, Town Administrator and Paula Rizzi, Executive Secretary
1. Chairman Keohane convened the meeting at 6:30 p.m. in the Cronin Conference Room of the Town Hall.
2. Pursuant to Chapter 41, Section 11 of Massachusetts General Laws, the Board met with Board of Health members Anne Fidler and Roxanne Musto and Health Director Michael Blanchard in a joint meeting to discuss the replacement of former Board of Health member Timothy Lowney. The Board of Health voted at its last meeting to recommend Laura T. Richards as its choice to replace Mr. Lowney.
After discussion, Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board of Selectmen voted unanimously by roll call vote with Denis F. Keohane voting yes, J. Thomas Hurley voting yes and Kathleen M. Conlon voting yes to appoint Laura T. Richards to the Board of Health to serve through the next Town Election on April 29, 2014.
Roxanne Musto moved, Anne Fidler seconded and The Board of Health voted unanimously by roll call vote with Roxanne Musto voting yes and Anne Fidler voting yes to appoint Laura T. Richards to the Board of Health to serve through the next Town Election on April 29, 2014.
3. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the July 10, 2013 meeting minutes as written.
4. Timothy Kernan, 642 Brush Hill Road, addressed the Board and presented a petition regarding the reduction of public skating hours at the Ulin Rink.
Sheryl Fleitman, 75 Crown Street, Philip Johenning, 23 Parkwood Drive and Martha Goldsmith, 321 Fairmount Avenue addressed the Board regarding the 33L Runway study.
Stephen Morash, 47 Standish Road addressed the Board and presented a citizens petition article for the October Town Meeting that will request the Town Moderator to appoint a Town Government Study Committee.
5. Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously at 6:50 p.m.with Denis F. Keohane voting yes, J. Thomas Hurley voting yes and Kathleen M. Conlon voting yes to enter Executive Session to discuss strategy with respect to litigation concerning the Town’s appeal of the Runway 33L decision believing that having this discussion in Open Session would have a detrimental effect on the litigating position of the body and to return to Open Session.
6. (7:29 p.m.) The Board met with Town Counsel John Flynn and MASSPORT Liaison Alternate David Godine to discuss the FAA’s decision on Runway 33L. The Board had requested that Town Counsel review the report and give his opinion on the validity of an appeal by the Town. Mr. Flynn stressed that this process, should the town decide to undertake it, would be an administrative review, not a trial, and as such it would be up to the town to prove that the findings of the FAA were not based on substantial evidence. The Town would have to overcome the DNL and altitude of planes claims by the FAA. The Town could question the population criteria used for the decision and whether it included all segments of the
population that could be impacted by the departures on Runway 33L and whether the FAA gave sufficient attention to the comments by the community. It was Town Counsel’s opinion that the Town should not pursue an appeal.
Mr. Godine felt that the real issue with airplane noise impacting Milton has more to do with landings on other runways such as Runway 4R and 4L as these affect a greater population in the Town. He feels that the flight patterns cannot be changed but the number of landings should be addressed and the Town should seek assistance from its legislative delegation to encourage the FAA to diminish the number of landings over the Town of Milton.
The Board agreed to contact its legislators and to schedule a meeting to plan a strategy for appealing to the FAA to divert a portion of the landings away from the Town and to stress in its request not only the noise and inconvenience of these landings, but the health issues involved. The Board also agreed not to support the proposed citizens appeal on Runway 33L.
7. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to award a contract to Curry College for the 2013-2014 season for the management and operation of the Max Ulin Rink.
8. In conformity with the requirements of Section 70 of Chapter 164 of the General Laws, the Board convened a public hearing upon the petition of National Grid requesting permission to install and maintain gas main in Gun Hill Street.
All abutters have been notified, the Engineering Department has made its recommendation to the Board and Barbara Keller from National Grid was present to answer questions from the Board.
After discussion, J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve a request from National Grid to install and maintain approximately 480 feet, more or less, of 4 inch gas main in Gun Hill Street, from the existing 4 inch gas main near #185, Northerly to a common driveway to serve four (4) lots, contingent upon the applicant’s willingness to relocate the proposed gas main corridor onto the paved roadway as a private sewer force main exists in the roadway shoulder where the gas main is currently proposed according to the plan dated 6/18/13.
9. In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter.Ed.), the Board continued a public hearing from July 10, 2013 upon the petition of Boston Edison to install approximately 320 feet of conduit in Milton Hill Road.
Because of conflicting information on this project, the Board continued this public hearing to the August 14, 2013 meeting.
10. Public Works Director Joseph Lynch reviewed his FY14 Water and Sewer Rates Analysis and Recommendation Report in preparation for voting on the new rates at the first meeting in August. Also discussed was the metering system at 88 Wharf Street and a recommendation to have the DPW’s consultant address concerns raised by the condominium association with respect to water and sewer rates.
11. The Board met with the Town of Canton’s Public Works Director Michael Trotter, Canton’s Town Counsel Lou Ross, Milton’s Town Counsel John Flynn and Milton’s Public Works Director Joseph Lynch to consider Canton’s request for an amendment to the Intermunicipal (Water) Agreement between the two towns and an abatement on water charges for FY13 that would result in approximately $40,926 in relief to the Town of Canton. John Flynn, Joseph Lynch and Annemarie Fagan will review the request and make a recommendation to the Board.
12. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the recommendation of the Public Works Director to purchase a mini excavator from Bobcat of Boston in the amount of $68,600.
13. Selectmen Hurley led a discussion on a proposal to bond funding for town-wide road improvements with bonding costs to be potentially paid out of the annual Chapter 90 allotment from the state. Further discussion was deferred until more research on this proposal could be done.
14. Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a contract between the Town and People’s GIS of Woburn for a contract (State Contract ITS 43 #VC000410014) for the purchase of a software package that will integrate with the Town’s GIS system for tracking work orders, in an amount not to exceed $34,200 and to authorize the Town Administrator to sign all pertinent paperwork on behalf of the Board.
15. Public Works Director Joseph Lynch presented his quarterly report to the Board updating members on the current status of the services that his department provides/oversees in the town. His report included information on water main construction, sewer I&I, roadway reconstruction, stormwater management, grant preparation for water and sewer improvements, solid waste quality control and household hazardous waste.
16. The Board met with Police Chief Richard Wells and DPW Director Joseph Lynch to discuss the approval of the Traffic Commission’s most recent recommendations. Also present were Library Director Will Adamczyk and Library Trustee Gene Boylan to discuss implementing striping changes and entrance/egress changes to the library property.
After discussion, J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the following recommendations of the Traffic Commission:
To implement the striping changes as shown on the DPW “Conceptual Plan” dated 1/11/13 and to accept the switching of the entrance/exit to the Milton Public Library as shown on the plan and to further post “No Parking 7:00 a.m. to 9:00 a.m.” signs on the east bound side of Canton Avenue from the entrance of the library to the second driveway (going south) at the Town Hall.
To amend Article VIII, Section 12 as follows:
Audubon Road – Install “STOP” sign on Audubon Road at the intersection of Warren Avenue.
Dyer Avenue – Install “STOP” sign on Dyer Avenue at the intersection of Warren Avenue.
17. The Board met with Police Chief Richard Wells to discuss guidelines for the newly appointed Harbormaster. The Chief asked for an opportunity to review and revise the guidelines drafted by Town Counsel. The harbormaster will be asked to attend the next Board meeting.
18. Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the request of the Milton Yacht Club Executive Board to extend launch dates beyond the required date of July 15 to July 21 to accommodate the need for additional maintenance on several boats and an eleven foot tide to launch.
19. J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted 2-0-1, with Selectman Conlon recusing herself from the vote, to approve the appointment of Maureen Conlon to the Council on Aging to serve through June 2016.
J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the reappointment of the following members to the Fair Housing Committee to serve through July 2014: Thomas Callahan, Joseph A. Duffy, Jr., Alexander Whiteside and William Clark.
J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted 2-0-1, with Selectman Keohane recusing himself from the vote, to disband the Consolidated Facilities Committee as the Committee’s charge has been completed.
20. Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a request from resident Patricia Clasby, 42 Antwerp Street to conduct a public square rosary on Saturday, October 12 from Noon to 2:00 p.m. on the East Milton deck area across from the Fire House.
21. Denis F. Keohane moved, Kathleen M. Conlon seconded and the Board voted unanimously at 11:06 p.m. with Denis F. Keohane voting yes, J. Thomas Hurley voting yes and Kathleen M. Conlon voting yes to enter Executive Session for the purpose of discussing the value of real property at Deer Run Lane, 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 to adjourn.
22. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to adjourn at 11:24 p.m.
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