by Frank Schroth

The deadline to appeal the FAA’s decision to change the flights coming off runway 33L is August 3rd. In the opinion of John Flynn, Town Counsel and David Godine, Citizens Advisory Committee (CAC) representative, do not advise that course of action. Godine told them that we “should give up the battle and fight the war”.

Flynn advised against the appeal for several reasons. The courts tend to rule favorably for the federal government in appeals such as this. He noted there had been 5 appeals on environmental assessments and all lost. The town would need to hire a consultant at likely significant expense. He noted the real problem was in flights arriving on runway 4L. In summary he said that the it would be a difficult case to prove and would be unlikely to succeed on the merits.

David Godine’s comments were a forceful complement to Mr. Flynn’s measure and reasoned arguments. Godine concurred with Flynn regarding 4L. He said more flights are landing and they are landing later. He said focusing on 33L ignores the gorilla in the room – the noise created by arrivals. 33L take offs only account for 6 – 8% In opposing 33L he said “We would be alone and we could be wrong. We have been wrong before.” (Town Administrator Fagan had reached out to Canton, Dedham, and other communities. None expressed an interest in joining an appeal.) He said the Selectmen need to “step up to the plate and take a swing.” By that he meant sending an unambiguous letter to the FAA stating we have a problem in need of a solution. Godine believes an amicable solution can be found but if not that we are willing to sue.

Hurley and Conlon noted the adverse effects the flights had on significant portions of town. Hurley said while it did not affect all of the town, it affected enough people in town and that a message to the FAA that what they were doing was unfair. We should not be subject to 50% of the air traffic. Conlon agreed, “This is interrupting people’s lives.”

Godine also mentioned that he had the experience of recently having a film production company use his home for a set. The head of production said they loved MIlton and would be doing 3 movies a year in Milton were it not for the incessant airplane noise. While Godine did not have a specific figure, he estimated that the revenue to the town from the film being shot here was significant.

At the conclusion of Godine’s remarks, Chair Keohane remarked, “Well said.” The board is looking for another member for the CAC. After a couple other brief comments Keohane said, “We’ll leave it at that.”

Bill Clark, Town Planner, briefed the Selectmen on the bid of Curry to manage the Ulin Rink for the balance of the town’s permit which runs for about another year and a half. Curry was the only response to the bid. The rink is becoming a problematic issue for the town.

As Clark noted, the town is not and should not be in the rink management business. The town received a 5 year permit to operate the rink from the DCR. This was contracted out to Curry College which has invested $300K into the facility. What makes it problematic is that Curry is losing money and the permit is only for 5 years, which makes recouping any investment impossible. The rink needed substantial improvements in energy efficiency etc that Curry has made. However, more capital expenses loom. Clark identified the need for a new Zamboni at a cost of over $100,000. Ice times and fees have been rejiggered to help Curry earn back some of their investment. Ice time is still free to the public but not as convenient times as in the past. Further complicating the issue is a change in DCR strategy. Three years ago the DCR was shedding itself of rinks and turning them over to private operators. Senator Joyce and Representative Timilty worked on having Milton secure operational management of the rink which would enable to the town to have control over the facility and see that the skating needs of the town (e,g, Youth Hockey, Learn to Skate etc) were well served. Since that time there has been a change in management of the DCR, said Clark, and they are not viewing the rinks as a liability any longer. The selectmen agreed to extend contract to Curry which will provide them with some flexibility in managing times and fees while still giving town organizations a break. Milton Youth Hockey, Clark noted, pays $175 vs $250 charged by privately managed rinks. What will happen at end of the the permit period is unknown.

In other business:

• The BoS met with Annie Fidler and Roxanne Musto of the Board of Health. They recommended Laura Richards to  their board to serve out the term of Tim Lowney who has moved out of town. The two boards unanimously approved the appointment of Ms. Richards.
• Steve Morash, Town Meeting Member of Precinct 2, presented a Citizens Petition for October Town Meeting calling for the appointment of a Government Study Committee to be appointed by the Town Moderator. He acknowledged that this might appear redundant with the committee appointed by the Selectmen; but that “town meeting can have a committee of town meeting members.” He said the signers appreciated the work of the committee and that there were not problems with them or their commitment; but that opportunities might have been missed and that they would like to re-open the discussion at Town Meeting.