T O W N O F M IL T O N

REPORT OF TOWN COUNSELTo the Honorable Board of Selectmen: June 30, 2011In 2011 the predominant areas in which issues arose requiring Town Counselservices were contracts, finance, land use, litigation, procurement, and conferenceswith and advice to Town of Milton personnel.Contracts were entered into for sale of a portion of the Governor Stoughtonproperty; for lease purchase of a dump truck; for field inspection services involvinga water main construction project, and for electricity generated by solarpanels on school buildings. A Request for Proposals and contract documentswere prepared for electricity generated by solar panels on private property. Arequest for proposals was prepared regarding conditions assessment for schoolbuildings and town buildings. A lease was negotiated for use of the former EastMilton Library property.The Annual Town Meeting was held in May and a Special Town Meetingwas held in May.Town Meeting authorized the Board of Selectmen to submit a home rule petitionfor authority to grant a license to sell all alcoholic beverages on the premisesat 95 Eliot Street; authorized the Conservation Commission to establish arevolving fund involving fines imposed by the Conservation Commission for violationsof the Massachusetts Wetlands Protection act and/or for violations ofthe Milton Wetlands By-Law, and to expend money from that fund for purchaseand installation of trees, shrubs and plants and/or for the cleaning of streams,ponds or waterways and/or for improving drainage in and to wetlands and/or forthe removal of invasive species; amended the Zoning By-Laws regarding heightrestrictions for buildings in a Residence AA, A, B or C district; appropriatedmoney for planning the Town of Milton’s 350th anniversary celebration; accepteda statute which increases the benefit paid to surviving spouses of retiredTown of Milton employees; accepted a statute which increases the base onwhich a cost of living adjustment is calculated for retired Town of Milton employees;and revoked acceptance of Chapter 41, Section 108L of the MassachusettsGeneral Laws, the so-called Quinn Bill.The United States District Court for the District of Massachusetts grantedsummary judgment in favor of the Board of Appeals and the Conservation Commissionupholding their decisions which denied approval for a proposed celltower. An appeal from that judgment is pending before the United States Courtof Appeals for the First Circuit in Boston. An appeal from a decision of theConservation Commission was decided in favor of the applicant. An appealfrom a decision of the Board of Appeals was settled and dismissed.167