SELECTMEN’S MEETING THURSDAY, AUGUST 21, 2008 6:30 P.M.
In attendance: Kathryn A. Fagan, John M. Shields, Marion V. McEttrick, Kevin J. Mearn, Town Administrator, Paula Rizzi, Executive Secretary
1. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to approve the August 7, 2008 meeting minutes as amended.
2. The Board confirmed the following future meeting dates: Thursday, September 4, Tuesday, September 9 and Thursday, September 18.
3. Diana Wong, 9 Grafton Avenue, met with the Board and submitted a petition on behalf of her neighbors requesting a “Slow Children” sign on Grafton Avenue. The neighborhood request was previously denied by the Traffic Commission. After a brief discussion, Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to approve the use of a speed board on Grafton Avenue and the installation of a “Slow Children” sign.
4. The Board discussed the plowing of the Town’s private streets and ways. Chairman Fagan gave a brief introduction of the subject reporting on the Board’s recent tour of the Town’s private streets and ways. The following residents addressed the Board with comments/questions regarding this issue: Joseph M. Cunningham, Jr., 140 Dudley Lane; Daniel J. Rull, III, 96 Dudley Lane; Maritta Manning Cronin, 130 Wendell Park; Peter A. Mullin, 19 Gaskins Road; Ann E. White, 32 Sias Lane; Maria Karagianis O’Neil, 145 Dudley Lane; William A. Edwards, 44 Holmes Lane; Nancy A. Edwards, 44 Holmes Lane; John C. Gallagher, Jr., 160 Dudley Lane; Timothy P. O’Neil, 145 Dudley Lane. The Board requested that the DPW Director provide them with
a list of the private ways designating which ones are currently being plowed and his opinion on the condition of streets from worst to best.
5. The Board discussed the following twelve draft articles submitted for the proposed October 20, 2008 Special Town Meeting:
ARTICLE 1 To see if the town will authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition:
AN ACT PROVIDING FOR THE PAYMENT OF CERTAIN RETIREMENT AND MEDICAL BENEFITS TO ANTONIO PICKENS
Whereas, the deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the payment of certain retirement and medical benefits to Antonio Pickens, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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 any general or special law to the contrary and in order to promote the public good, the retirement board of the Town of Milton, shall retire Antonio Pickens, a firefighter employed by the Town of Milton who, while responding to a minor motor vehicle accident sustained injuries likely to result in his death. The annual amount of pension payable to Antonio Pickens under this act shall be fixed in an amount equal to the regular rate of compensation which would have been paid had he continued in service as a firefighter in said town at the grade held by him at the time of his retirement, but (a) after he has attained the maximum age for his group, his retirement shall be reduced to the appropriate rate for an accidental disability retirement, treating his
retirement years as creditable service for determining the amount of his benefits and (b) the retirement allowances payable to him after he has attained the maximum age for his group shall be increased in the manner provided to all retirees of the town pursuant to any provision of chapter 32 of the General Laws.
SECTION 2. Before taking action under authority of this act, the retirement board of the Town of Milton shall request the state Public Employee Retirement Administration Commission (PERAC) to appoint a medical panel composed of three physicians who shall examine Firefighter Pickens or, if a majority of said retirement board shall agree, forego such examination and review the existing medical records and other relevant information concerning Firefighter Pickens. The retirement board of the Town of Milton shall approve a pension for Antonio Pickens upon receipt of a report from such medical panel which concludes that Firefighter Pickens is physically incapacitated for further duty as a firefighter, that such incapacity is likely to be permanent and that such injuries are likely to result in his
premature death. Such retirement shall become effective as of the date following the last day on which he is entitled to receive regular compensation. Upon the retirement of Antonio Pickens, the retirement board of the Town of Milton shall forthwith pay to him all amounts standing to his credit in the annuity savings fund of the retirement system of said town. Upon the approval of the pension provided for herein and notwithstanding the provisions of any general or special law to the contrary, including, but not limited to, section 8 of chapter 32 of the General laws, Antonio Pickens shall not be subject to examination or to re-examination by a medical panel or other physician to determine his eligibility or continued eligibility for accidental disability retirement benefits as provided in this section or in said chapter 32.
SECTION 3. Upon the death of Antonio Pickens prior to the maximum age for retirement for his group, if his wife at the time of the incident survives him, and as long as she remains unmarried, the Town of Milton, shall pay to his wife an annual annuity equal to the sum of three-fourths of the amount of the pension payable to him at the time of his death, and $687.96 annually adjusted for a cost-of-living adjustment for each child of Antonio Pickens for such time as such child is either under 18 years of age or totally physically or mentally incapacitated from working, or over 18 years of age, but under age 22, if a full time student. Upon the death of Antonio Pickens after the maximum age for retirement for his group, if his wife at the time of the incident survives him, she shall be entitled to the
same benefits as other surviving spouses under chapter 32, as shall their children. In the event of the death of Antonio Pickens, and if his wife at the time of his death does not survive him, such allowance shall be paid to the legal guardian for the benefit of any surviving unmarried children, as defined above.
SECTION 4. Antonio Pickens shall be eligible for health insurance through the Town of Milton on the same basis as all other retirees and be responsible for the retirees’ share of all premiums. Following his retirement, the Town of Milton shall pay for necessary and reasonable medical expenses for him due to injuries for which he was retired.
(i) Medical care shall first be provided through the health insurance provided to retired Town of Milton employees pursuant to chapters 32B and 150E of the General Laws.
(ii) The Town of Milton shall pay to the health care providers all co-payments required by the health insurance policy under which the firefighter is insured. The Town of Milton shall pay to the health care providers all deductibles required by the health insurance policy under which the firefighter is insured. The Town of Milton shall pay to the health care providers the fees and other expenses for authorized services whose costs exceed applicable benefits limits, but whose payment is denied solely because of such applicable benefits limit.
(iii) Any such payments pursuant to this section shall meet all other eligibility requirements of said health insurance; provided however, that Antonio Pickens shall not be required to change health care providers; and provided, further, that any changes made by him in health care providers, and any referrals from current health care providers to health care providers who have not rendered care to him for injury for which he was retired, shall comply with paragraph (i).
SECTION 5. Antonio Pickens shall not have his retirement allowance subject to modification as a result of earnings from alternative employment; provided, however, that he shall be required to submit earnings reports to the public employee retirement administration pursuant to section 91A of chapter 32 of the General Laws. Antonio Pickens shall be subject to the limitation of earnings formula as set forth in said section 91A, with the ability to earn the amount described in said section 91A plus an additional $5000.00. If he earns in excess of these allowable amounts, the public employee retirement administration shall inform him of the excess amount earned and the amount owed by him to the retirement board of the Town of Milton. The retirement administration shall, in its discretion, require
repayment of that amount to said retirement board, or may withhold amounts as it deems appropriate from future retirement allowance payments until the amounts owed to the retirement board have been paid in full.
SECTION 6. The retirement allowances payable pursuant to this section shall remain subject to all other provisions of chapter 32 of the General Laws as if they had been granted as accidental disability retirements in the normal course of events pursuant to said chapter 32, except to the extent that said chapter 32 conflicts with this act.
Submitted by the Board of Selectmen
John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to include Article #1 in the October Special Town Meeting Warrant.
ARTICLE 2 To see if the Town will accept Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act and beginning in Fiscal Year 2010, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition and preservation of historic resources, the acquisition, creation and preservation of land for recreational use, the creation, preservation and support of community housing, and the rehabilitation and restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided under said Act; to
determine the amount of such surcharge on real property as a percentage of the annual real estate tax levy against real property; to determine whether the Town will accept any of the exemptions from such surcharge permitted under Section 3 (e) of said Act; or to take any other action relative thereto.
Submitted by the Board of Selectmen
John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to delete this article and re-submit it for consideration at the 2009 Annual Town Meeting.
ARTICLE 3 To see what sum of money the Town will vote to appropriate for the purpose of funding a wage adjustment for the Chapter 13 employees effective July 1, 2008; and to act on anything relating thereto.
Submitted by the Personnel Board
RECOMMENDED that the Town appropriate the sum of $82,151 to fund wage adjustments effective July 1, 2008; said sum to be added to the salary accounts of the departments as shown in the following tabulations:
Recommended
Fiscal 2009
Animal Control $ 1,191
Assessors 2,209
Inspectional Services 6,667
Cemetery 2,028
Central Business Office 4,580
General $1,740
Water 1,420
Sewer 1,420
Council on Aging 2,668
Health 3,488
Information Technology 432
Library 2,386
Park 2,028
Personnel 1,115
Police 25,795
Public Works 14,660
General $5,278
Vehicle Maintenance 1,026
Water 3,958
Sewer 3,958
Solid Waste General 440
Selectmen 8,399
Town Clerk 413
Treasurer/Collector 50
Veterans Agent 234
Warrant Committee 260
Total: $ 82,151
and that included in this appropriation are the sums of $5,378 representing expenses attributable to the Water enterprise and $5,378 representing expenses attributable to the Sewer enterprise which are to be included in Schedule A., “Local Receipts Not Allocated” of the Tax Recapitulation as Water and Sewer Estimated Receipts with the remainder of $71,395 raised from funds certified from the Department of Revenue as free cash.
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to include Article #3 (renumbered as Article #2) in the October Special Town Meeting Warrant.
ARTICLE 4 To see if the Town will vote to appropriate the sum of $400,000 for the purpose of funding cost items not in departmental budgets for the twelve month period beginning July 1, 2008 for collective bargaining agreements reached before or after this Special Town Meeting between the Town and bargaining units representing Town employees, such sums to be allocated to departments by the Selectmen; and to act on anything relating thereto.
Submitted by the Board of Selectmen
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to include Article #4 (renumbered as Article #3) in the October Special Town Meeting Warrant contingent upon available funding.
ARTICLE 5 To see what sum of money the Town will vote to appropriate into the Stabilization Fund in accordance with the provisions of General Laws Chapter 40, Section 5B; to determine how said appropriation shall be raised, whether by transfer from available funds, borrowing under applicable provisions of law or otherwise;
and to act on anything relating thereto.
Submitted by the Board of Selectmen
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to delete this article and resubmit it for consideration at the 2009 Annual Town Meeting.
ARTICLE 6 To see what sum of money the Town will vote to appropriate for the purpose of funding increases in the salary of the following:
Town Treasurer, pursuant to Chapter 41, Section 108 of the Massachusetts General Laws;
Town Clerk, pursuant to Chapter 41, Section 108 of the Massachusetts General Laws;
and to act on anything relating thereto.
Submitted by the Board of Selectmen
Marion V. McEtrrick moved, John M. Shields seconded and the Board voted unanimously to include Article #6 (renumbered as Article #4) in the October Special Town Meeting Warrant.
ARTICLE 7 To see what sum of money the Town will appropriate to fund new software for the Inspectional Services Department and a new server for the Police Department.
Submitted by the Board of Selectmen
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to include Article #7 (renumbered as Article #5) in the October Special Town Meeting Warrant.
ARTICLE 8 To see what sum of money the Town will appropriate to fund a generator for the Town Office Building; to determine how said appropriation shall be raised, whether by borrowing or otherwise; and to act on anything relating thereto.
Submitted by the Board of Selectmen
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to include Article #8 (renumbered as Article #6) in the October Special Town Meeting Warrant.
ARTICLE 9 To see by what sum of money the Town will vote to decrease the FY09 School Budget for the Medicaid reimbursement legislation.
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to include Article #9 (renumbered as Article #7) in the October Special Town Meeting Warrant.
ARTICLE 10 To see what sum of money the Town will vote to appropriate for payment of legally obligated medical expenses incurred from July 1, 2008 through June 30, 2009 for Town of Milton public safety personnel resulting from injuries sustained in the line of duty; to determine how said appropriation shall be raised, whether by transfer from available funds, borrowing under applicable provisions of law or otherwise.
Marion V. McEttick moved, John M. Shields seconded and the Board voted unanimously to include Article #10 (renumbered as Article #8) in the October Special Town Meeting Warrant contingent upon the passage of special legislation that will authorize the Town to borrow money for the purpose stated in this article.
ARTICLE 11 To see if the Town will vote to authorize the Board of Selectmen to accept on behalf of the Town, the gift of a 5.74 acre parcel of land off Randolph Avenue owned by the Animal Rescue League of Boston.
Submitted by the Board of Selectmen
John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to include Article #11 (renumbered as Article #9) in the October Special Town Meeting Warrant.
ARTICLE 12 To see if 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 reasonably vary the form and substance of the requested 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 sections 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 2 Adams Street, which is owned by Extra Space of Milton, LLC or its successor in interest, provided than 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 the procedures set forth under section 15A of chapter 138 shall be applicable thereto. The license shall be
subject to all of said chapter 138, except said section 17. The licensing authority shall not approve the transfer of the license to any other location.
SECTION 2. This act shall take effect upon it passage.
Submitted by the Board of Selectmen
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to include Article #12 (renumbered as Article #10) in the October Special Town Meeting Warrant.
Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to close the October Special Town Meeting Warrant.
John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to schedule a Special Town Meeting for Monday, October 20, for consideration of the previously discussed ten articles.
5. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to approve the demolition of the property at 64 School Street as this property has been declared “dangerous and unsafe” by the Building Department, the Fire Department and the Board of Health. The Board also requested that the Town Administrator acquire a written statement from the property owner acknowledging his agreement with the action being taken by the Town.
6. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to approve the request of the Friends of the Council on Aging to hang a banner announcing its annual “Shopalooza Fair” to be held on Friday, November 7 at Cunningham Park.
7. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to sign a proclamation for this year’s ¡CelebrateMilton! community event that will take place on Sunday, September 29, 2008 from noon to 4:00 p.m. at Milton High School.
8. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to reappoint the following residents to the Community Preservation Act Study Committee through August 2009: Donald Neal, John Cronin, Barbara Brown, Meredith Hall and Wallace Sisson.
9. John M. Shields moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the request of the Fire Department to raise funds for the Muscular Dystrophy Association by collecting donations on Friday, September 12, at the intersection of Squantum and Adams Street (permissions is being given at this site on a trial basis) and at the East Milton Fire House.
10. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously with Kathryn A. Fagan voting yes, John M. Shields voting yes and Marion V. McEttrick voting yes to enter Executive Session for the purpose of discussing Real Estate and to return to Open Session for the purpose of adjournment.
11. Marion V. McEttrick moved, John M. Shields seconded and the Board voted unanimously to adjourn at 10:30 p.m.
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