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September 4, 2013
Warrant Committee
September 4, 2013
Fourth meeting

Present:        T. Hays, C. Cahill, G. Noonan, S. Genega, K. Sorgi, C. Tougias, K. Chase, P. Pasquerella, R. Boehler, D. Turner

Absent:         N. Bourque

Attendees:      Joseph Lynch, Alex Whiteside, William Clark, Rick Neely, Susan Galvin, Annemarie Fagan, Denis Keohane

Reserve Fund:   $250,000.00

  • Chair Hays called the meeting to order at 7:36 pm in the Baker Conference Room Town Hall.  
  • Chair Hays recognized Joe Lynch to discuss article item # 16 of the Fall 2013 Town Meeting regarding Water and Sewer.    
  • After much discussion the Warrant Committee asked Mr. Lynch for additional information pertaining to this article; the vote to recommend was deferred.
  • Chair Hays recognized Rick Neely of the Town Government Study Committee and Susan Galvin, Town Clerk to discuss item # 2 the article for the Fall 2013 Town meeting.
  • On a motion made by Member Genega and seconded by Member Chase the Warrant Committee voted 8/0/0 to recommend that the Town vote to amend Chapter 2, Section 2 of the General Bylaws of the Town as follows:  “Prior to Town Election, the Town Clerk shall publicize the upcoming election of Town Meeting members by issuing media releases, placing advertisements, and utilizing the Town’s website, the Town’s local newspapers, the Town’s local access cable television programming including but not limited to its public-service programming, to publicize the importance of town meeting membership and the process to be nominated and elected Town Meeting member.  Further, it shall be the specific responsibility of the Town Clerk to raise awareness of the importance of Town Meeting membership by working cooperatively with the Town’s public school system to educate the Town’s students of this form of Town governance”; and to act on anything related thereto.
  • Chair Hays thanked Mrs. Galvin for her presentation.
  • Chair Hays then recognized Alex Whiteside, Chair of the Planning Board, and Rick Neely, Town Government Study Committee to discuss item # 15 of the Fall 2013 Town Meeting pertaining to an Alternate Planning Board Member.
  • After much discussion the Warrant Committee voted 8/0/0 to send the article regarding an Alternate Planning Board Member back for further study and justification.
  • Chair Hays thanked Mr. Neely and Mr. Whiteside for their presentations.

  • Chair Hays recognized Annemarie Fagan, Town Administrator and William Clark, Town Planner to discuss Fall 2013 Town Meeting Articles.
  • On a motion made by Member Turner and seconded by Member Tougias the Warrant Committee voted 8/0/0 to recommend that the Town vote to amend the General Bylaws of the Town by inserting in Chapter 4 a new section as follows:
1.      The Board of Selectmen shall establish and appoint a committee of five (5) persons to be known as the Audit Committee.

2.      The Committee shall study and employ the services of a Certified Public Accountant to conduct an audit of the basic financial statements of the Town of Milton Massachusetts, said audit to be conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and to conduct an audit of the compliance of the Town of Milton Massachusetts with the types or compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that could have a direct and material effect on each of the Town of Milton’s major federal programs; and to act on anything related thereto.

  • Chair Hays invited Mrs. Fagan and Mr. Clark to explain items # 19 & 20 proposed for the Fall 2013 Town meeting regarding 131 Eliot Street.  
  • On a motion made by Member Chase and seconded by Member Genega the Warrant Committed voted 8/0/0 to recommend that the Town vote to rescind the vote of the 2007 Milton Annual Town Meeting under Article 48, “to authorize the Board of Selectmen to sell a certain parcel of land on Central Avenue, adjacent to the trolley station, acquired from the Massachusetts Bay Transportation Authority and shown on the Town of Milton Assessors’ Maps as Section E, Block 24, Lot 47, 7,063 square feet, for such consideration and upon such terms as the Selectmen deem appropriate, provided that the purchaser of such property shall be required as a condition of the sale to construct a mixed commercial and residential building on such parcel alone or in conjunction with adjoining land pursuant to a special permit issued by the Planning Board pursuant to Subsection J of Section III;”          and to act on anything relating thereto.
  • On a motion made by Member Genega and seconded by Member Turner the Warrant Committee voted 8/0/0 to recommend that the Town vote to transfer care, custody, management, and control of the land described below from the Board of Selectmen for general municipal purposes to the Board of Selectmen for purposes of sale of said land, and, further, to authorize the Board of Selectmen to sell a certain parcel of land on Central Avenue, adjacent to the trolley station, acquired from the Massachusetts Bay Transportation Authority and shown on the Town of Milton Assessors’ Maps as Section E, Block 24, Lot 47, containing  7,063 square feet, for such consideration and upon such terms as the Selectmen deem appropriate, and to act on anything relating thereto



  • On a motion made by Member Chase and seconded by Member Pasquerella the Warrant Committee voted 8/0/0 to recommend that the Town vote to discharge the School Building Committee, established by vote of the 1998 Annual Town Meeting under Article 50; and to act on anything relating thereto.
  • On a motion made by Member Chase and seconded by Member Pasquerella the Warrant Committee voted 8/0/0 to recommend that the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonable vary the form and substance of the request legislation within the scope of the general public objectives of this petition.
AN ACT AUTHORIZING THE TOWN OF MILTON
TO ISSUE AN ADDITIONAL LICENSE FOR THE SALE OF
ALL ALCOHOLIC BEVERAGES TO BE DRUNK
ON THE PREMISES OF A CERTAIN RESTAURANT

        Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

        SECTION 1.      Notwithstanding the provisions of section 11 and 17 of Chapter 138 of the General Laws, the licensing authority of the town of Milton may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises of the restaurant located at 534 Adams Street, which is owned by Walter Chan or his successor in interest, provided that any successor in interest shall be subject to approval by the Milton Board of Selectmen and the Alcoholic Beverages Control Commission;  provided however, that an application to transfer the license to a successor in interest shall be granted and approved according to the standard for a new license; and provided further that all procedures set forth under Section 15A of Chapter 238 shall be applicable thereto.  The license shall be subject to all of said Chapter 138, except said Section 127.  The licensing authority shall not approve the transfer of the license to any other location.

        SECTION 2.  This act shall take effect upon its passage.

  • Chair Hays thanked Mrs. Fagan and Mr. Clark for their presentation of the above articles.
  • Member Sorgi gave a brief update on information that he received regarding item #8 the Municipal Liens.
  • On a motion made by Member Genega and seconded by Member Chase the Warrant Committee voted unanimously to adjourn at 10:36 pm. 8/0/0

Reserve Fund:   $250,000.00

Respectfully submitted,
Tricia Cahill, Warrant Committee Clerk