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May 20, 2014
BOARD OF SELECTMEN’S MEETING TUESDAY, MAY 20, 2014

In attendance: Kathleen M. Conlon, Denis F. Keohane, J. Thomas Hurley, Annemarie Fagan, Town Administrator and Paula Rizzi, Executive Secretary

1.      Chairman Conlon convened the meeting at 6:30 p.m., in the Cronin Conference Room of the Town Hall.

2.      The Board confirmed June 3 and June 17, 2014 as future meeting dates.  The Board discussed changing the meeting start time to 7:00 p.m.  The Board agreed to continue its 6:30 meeting time until September at which time it would begin its meetings at 7:00 p.m.

4.      J. Thomas Hurley moved, Denis F. Keohane seconded, and the Board voted unanimously to approve the current payroll/vendor warrants.

5.      Sheryl Fleitman, Co-chair of Milton Citizens Against Aviation Impact (MCAAI), updated the Board on a recent meeting of her group at the Library.  Ms. Fleitman requested that the Board appoint a formal committee to address airplane noise.

Peter Jackson, 14 Capen Street, addressed the Board with questions and concerns regarding the demolition process of property at 131 Eliot Street and the status of the owner’s Chapter 40B application with Mass Housing.

Peter Mullin, 19 Gaskins Road, addressed the Board concerning the demolition of the Hendries building.

6.      Taber Keally, the Town’s representative to the Metropolitan Area Planning Council, met with the Board and shared information on this regional planning agency that serves the cities and towns of Metro Boston.  The Council promotes smart growth through sound municipal management and regional collaboration.  Milton is part of the Three Rivers Interlocal Council (Neponset-Charles-Canoe River-TRIC) and has benefitted most recently from collective procurement for a new pumper truck for the Fire Department.
        After discussion, J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to reappoint Taber Keally to the Metropolitan Area Planning Council to serve through May 2017.
7.      The Board continued a public hearing from April 28, 2014, pursuant to Section 22 of  MGL Chapter 166 of the M.G.L. concerning pole relocations on High Street.
        DPW Director Joseph Lynch informed the Board that he had met with resident Paul Kelly regarding Mr. Kelly’s concern about a pole relocation near his property.  After discussion with Mr. Lynch, Mr. Kelly was satisfied with the Town’s relocation.
        Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to grant an alteration in the location of four existing utility poles on High Street as follows:  Westerly side, approximately 105 feet south of Eliot Street, four (4) poles (56/2, 56/3, 56/4, 56/5).
8.      The Board continued a public hearing pursuant to M.G.L., Chapter  139, to determine whether the building at 131 Eliot Street is a nuisance or dangerous to the neighborhood.
        Present were Brandon Moss from Murphy, Hesse, Toomey and Lehane, Brian McDonough, counsel representing the owners of 131 Eliot Street, and Joseph Prondak, Building Commissioner.
        Attorney Moss reviewed the recent edits to the demolition agreement noting the changes to the document.  Changes included:  
  • The addition of a deadline date of September 30, 2014 for the demolition of the properties.  
  • The removal of specific dates for Carrick Realty Trust to apply for an Order of Conditions from the Conservation Commission, a license from the Massachusetts Bay Transit Authority and a demolition permit from the Building Department.
  • Both parties can monitor each other’s progress and if there is a question regarding appropriate progress, either party can address that issue with the other.  
  • Both parties shall monitor and address their own building for safety issues.  
  • The Town will issue an Invitation for Bids for the demolition and removal of the Town-owned building by July 1, 2014.
  •  Both parties shall hold harmless one another (each party’s respective past, present and future officers, trustees, officials, boards, department, agents, representatives, successors, designees, volunteers, employees and assigns in their personal and official capacities) upon demolition and removal of the Town-owned building and Carrick Realty Trust building.
Building Commissioner Joseph Prondak noted that the building at 131 Eliot Street is still deteriorating and requested that the Structural Engineer for Carrick Realty Trust update his report to reflect any fast-moving deterioration should the agreement become ineffective.
After discussion, J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted 2-1-0, with Kathleen M. Conlon voting yes, J. Thomas Hurley voting yes and  Denis F. Keohane voting no to approve the Agreement between the Town of Milton and Carrick Realty Trust concerning the demolition and removal of the buildings at 131 Eliot Street and 0 Central Avenue.
J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to continue the public hearing pursuant to M.G.L. Chapter 139 to September 2, 2014.
9.      The Board met with Chief Wells to discuss his recommendation for the award of towing and storage of motor vehicles within the Town that were received on or before May 1, 2014 by the Police Department.
        After discussion, Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to award the contract for towing and storage of motor vehicles within the Town for 2014 through 2017 to Auto Service and Tire, Inc. of Mattapan, with an option for a twenty-four month extension, and to authorize the Town Administrator to sign the contract on behalf of the Board.
10.     The Board met with Chief Richard Wells to discuss the updated Taxi Rules and Regulations for the Town.  Chief Wells reported that the taxi license fees are in keeping with other surrounding towns but recommended that the penalties for violation of these rules and regulations be increased to $1,000 for each offense.
        J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to approve the updated Taxi Rules and Regulations including an increase in violation fees to $1,000 for each offense.
11.     Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to waive the water and sewer connection fees as well as the I/I mitigation fees in the amount of $35,475 for the Houghton’s Pond Ball Field Restroom building currently under construction.
12.     J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to approve and sign letters of recognition for Eagle Scout candidates Connor Robert Murphy and Jack Michael Clark that will be presented at the Court of Honor ceremony on Sunday, June 15, 2014 at 4:00 p.m. at Cunningham Hall.
13.     The Board discussed the ongoing concerns about the noise/health issues relating to the number of airplane arrivals impacting the Town.  Selectman Keohane will reach out to affected neighbors in Dorchester for support in dealing with the problem and the Town Administrator will reach out to our Legislators for their support.  An update on these contacts and further information on the subject will be discussed at a future Board meeting.
14.     The Chairman reported on the installation ceremony for Fire Chief Jack Grant as the President of the Fire Chiefs Association of Massachusetts and the recent East Milton Square Parking and Access Study meeting with representatives from the consulting firm of Howard/Stein-Hudson Associates, Inc.  There will be a follow up meeting in June with more specific drawings of the East Milton project.
        The Board discussed meeting format details and agreed to change the start time for Selectmen’s meetings in September to 7:00 p.m.
        The Chairman suggested, and the Board agreed, to add agenda items to the regular format that would address Citizens Speak questions and upcoming agenda items.
15.     Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously at 8:06 p.m. with  Kathleen M. Conlon voting yes, Denis F. Keohane voting yes and J. Thomas Hurley voting yes to enter executive session to discuss the discipline or dismissal of, or complaints for charges brought against, a public officer, employee, staff member or individual, and to discuss collective bargaining/contract negotiations (Patrol Officers contract) and (Fire Chief’s contract) and to discuss litigation (Kevin Mearn case) believing that having these discussions in open session would have a detrimental effect on the bargaining position of the body and to return to open session to adjourn.
16.     J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to adjourn at 9:56 p.m.