Town of Natick - Selectmen's Minutes

Mr. Ball, seconded by Mr. McKinley, moved to enter into executive session for the purpose of discussing matters pertaining to litigation. A roll call vote was unanimous and the Board so retired at 6:30 p.m. after announcing the meeting would return to open session.

A Letter of Recognition was presented to Alan Glickman in appreciation of his twenty years of service as an Auxiliary Police officer. Mr. Glickman thanked Chief Mannix and the entire Police Department for all the support given to the auxiliary force. He also thanked the members of the auxiliary force who donate their time, his wife and son.

Mr. McKinley, seconded by Mr. Ball, moved approval of the minutes of the June 27, 2001 meeting. The motion passed on a 3-0-1 vote. Mr. Hughes, Mr. McKinley, Mr. Ball voted in favor of the motion. Mr. Stern abstained as he had not attended the meeting.

A motion was made by Mr. Ball, seconded by Mr. Stern, to approve Judith D’Antonio’s request to hang a banner across Main Street for the period of September 17-28, 2001 in advertisement of a fund raiser “A Night for Mark D’Antonio”. Unanimously voted.

In discussion of the motion, Mr. McKinley stated that he was a little concerned about the precedent. It was a tragedy, but this reminded him of when the Board started approving tollbooths and it started to get out of control. It was different for an organization vs an individual and there were a lot of deserving incidents in Natick. Mr. McKinley

Mr. Ball stated that he too was concerned with the issue of precedent, but this was a community and these were members of the community. If there were other similar situations and they want to advertise with a banner, he didn’t have a problem. When it gets out of hand and dangerous as did the tollbooths, the Board will deal with it.

Mr. Hughes reported that Stephen Gartrell had been named as the Conservation Commission’s representative, Richard Cugini as the Recreation Commission’s representative, and Robert Eisenmenger as the Planning Board’s representative by their respective boards.

The Board received letters of interest from three individuals whose names appear on the agenda. A fourth was just faxed in and unless there were objections from the other members of the Board, Mr. Hughes said he would like to interview that individual as well. There were no objections.

Mr. Caccavale told the Board that he has lived in Town for 16 years. He has watched the open space issues in the Town and was interested in contributing some time in the effort to balance business vs open space. He was an electrical engineer and had a business.

Ms. DelBono referenced the information she had previously supplied on her background and noted that she has lived in Natick since 1968. She has watched development over the years and reached the point where it seems critical to preserve the open space that was left. Ms. DelBono noted that she thought she brought some unique skills to help with

Ms. DelBono responded that she did have an interest in a particular piece of land and had met with several Town boards concerning lots she thought should be open space. She noted that she had no interest in these lots except to keep them from being developed. Mr. Hughes asked if these lots were adjacent to lots she owned, and Ms. DelBono advised they were, but added that they (she and her husband) had bought enough land that they can have open space. When asked if these lands were in private hands, Ms. DelBono advised that they were town-owned.

Mr. McKinley repeated that the lots that abut her property were already town-owned land. Ms. DelBono confirmed that as correct, but pointed out that they (lots) weren’t protected unless they go into an Article 97 category. Mr. McKinley responded that there was a lot more protection than in private hands. He noted that he was less concerned about interest in property the Town owns and more interested in her philosophy of buying or restricting property the Town doesn’t own. If the lots were privately owned, Mr. McKinley asked how Ms. DelBono would approach it.

Ms. DelBono responded that the first thing that was needed was a plan for how the Town wants open space to develop. She didn’t think having no plan was a good plan. She would look at parcels that were now open and see if they can be combined to make parcels suitably large and available so it wouldn’t be a single parcel that was land locked – perhaps a parcel that connects the Town Forest. She would also look at the tools available such as conservation restrictions. There were many options to offer a property owner to put their land into conservation. Some property owners want to keep their land open and want to prevent it from development after they are gone and there were plans for that. Ms. DelBono noted that she had some experience in that, and she thought

Mr. Kessel told the Board that he was a concerned citizen who didn’t have the particular qualifications mentioned in the posting, but he was concerned with open space and had watched a lot of open space disappear. Mr. Kessel noted that he had been involved in a number of activities in Town trying to promote open space. He is a Town Meeting member and worked towards passage of the Wetlands By-Law and Town Meeting approved the purchase of land on Winter Street. He was also involved in trying to save the Castle land or as much of it as possible and was a member of the Bicycle Committee. Mr. Kessel stated that he knew the timing wasn’t good with the two overrides and one coming up, but timing was critical and if the land wasn’t saved within the next five years, it wouldn’t be.

and was involved in the Castle property and trying to preserve it. In terms of a financial interest, potentially there was some interest with the development of town houses proposed for next to him. That was turned down, but there have been some ideas floated that the Town was interested in buying.

Daniel Sullivan of 184 South Main Street told the Board that he was a new resident. He has had some municipal experience having served as a Selectman and in Parks & Recreation in Littleton, MA. During that time Littleton had two large purchases of property. They (Littleton) formed an open space committee and he consulted with them regularly.

Citing the interesting range of diversity and strengths, Mr. McKinley moved to appoint all four to the Open Space Advisory Committee: Michael Caccavle, Irene DelBono, Martin Kessel, Daniel Sullivan. Seconded by Mr. Stern and unanimously voted.

In speaking to the motion, Mr. Ball agreed that all four would bring something to the table, but he had a little bit of reluctance about Ms. DelBono and Mr. Kessel and the possibility of a conflict of interest that he found distressing. He thought the need to have this committee and different perspectives overrode that, but he wanted to state publicly that if issues that affected the properties adjacent to Ms. DelBono or Mr. Kessel arose, that he would expect that they would recuse themselves.

Ms. D’Avignon noted that 17 proposals had been submitted for architectural services for the feasibility study for the Council on Aging Kennedy Senior Center. The study will be funded by a state grant. The committee went through the proposals and eliminated about 12-13 bringing it down to 4 firms that they felt could understand the seniors’ needs. The four firms were interviewed and their qualifications again reviewed based on the following criteria:

Mr. Stern recused himself from voting. Mr. Ball inquired as to why. Mr. Hughes pointed out that Mr. Stern did not have to disclose the reason, but Mr. Stern responded that he had a relationship with one of the three firms in another capacity.

In a previous meeting there was some discussion as to what the $60,000 grant money could be used for and Mr. Hughes asked if Mr. Cohen had found that out. Mr. Cohen advised that the money could be used for planning and design only. Ms. D’Avignon added that one question that came up was the potential for survey work and it was felt that that could be incorporated into the process as it was related to the design. Mr. Hughes clarified that it was for the senior center site, not surveying the Town. Ms. D’Avignon agreed.

A motion was made by Mr. McKinley, seconded by Mr. Ball to accept the recommendations of the design selection committee and authorize the Town Administrator to begin the process of negotiating a contract. The motion passed on a 3-0-1 vote. Mr. Hughes, Mr. McKinley, Mr. Ball voted in favor of the motion. Mr. Stern abstained.

John Flynn appeared before the Board on behalf of his firm Murphy, Hesse, Toomey & Lehane to request re-appointment as Town Counsel for Natick. He told the Board that he and his firm enjoy the professional relationship they have with Natick, particularly working with the Board, administrative and staff personnel. He found the work extremely interesting and challenging and the support they get with the Natick personnel was extremely gratifying.

Mr. Stern inquired if there was any change in the hourly rates. Mr. Flynn responded that there would not be at this time. Historically that has been addressed at a later time when Natick had a clearer financial picture. For the time being the rates would remain the same.

Mr. Ball inquired how Murphy, Hesse, Toomey & Lehane’s rates compared in general with other municipal counsels and if Mr. Flynn had any idea of the firm’s total billing in the last fiscal year for Natick. Mr. Flynn responded that as he understood it, MHTL’s rates were lower than the competition. He couldn’t give specifics, but based that on comments received. He believed the total billing was around $112,500 for the fiscal year.

Mr. Hughes asked about the rink case – if arguments had been scheduled. Mr. Flynn advised that they had not, but all the briefs were in. Mr. Hughes then asked about a decision on the Winter Woods summary judgment, and Mr. Flynn advised that none had been received.

Having had the opportunity to work with many members of Mr. Flynn’s firm, Mr. McKinley stated that he always was very pleased and impressed with the quality and level of detail Town Counsel brought. He thought the price was fair and the Town was getting a good service for what it was paying.

Stephen Gill noted that he and his wife came before the Board on April 2nd concerning Middle Street. Joining them now were some neighbors from Middle Street, Marion Street, and Sawin Street. Their issue was drainage and they had experienced some form of flooding over the last few years. The water erosion has made it difficult to keep any kind of topsoil or any landscaping because of the intermittent stream that goes down into Harvard Street.

Having done their research, Mr. Gill said Natick has been aware of this problem since 1985 when an order of construction was filed. In 1987 a subdivision plan was filed. In 1991 their (Gill’s) home on Middle Street was completed and sold to the original owner. Each document made reference to the stream. Each owner of property that borders Vale Street has what is known as a stone headwall that was designed to keep the water in the streambed. From 1991-1996 the original owner had one occasion when he had to call the Fire Department to bail him out from debris that collected.

Mr. Gill continued that he and his wife purchase the home in July 1996, and after they experienced the first real rainstorm, they wrote a letter to the Town Engineer. In March 2001 they had a major flood. The water backed up and they lost their finished basement. On April 2, 2001 they wrote to the Conservation Commission, Board of Health and attended the Selectmen’s meeting to ask for guidance. At that time the Board of Selectmen advised that they would instruct the Town Engineer to meet with them. On April 5th the Town Engineer said he could not address the problem and it should be addressed to the DPW Director Charles Sisitsky. They wrote to Mr. Sisitsky and on May 21 they wrote to the Board for additional guidance.

Mr. Gill told the Board that every time it rains his wife was out there clearing the storm drain. She was doing this all the time. It was constantly filled with branches and twigs and when it was blocked there was no where to go but into the yards. The Town has been aware of it for 15 years, and he was concerned due to increasing development. There was a home being built at the top of Nern Street. Ms. DelBono bought the property that borders most of Middle Street and they have begun clearing that property, and Mr. Gill was concerned that that would add to problems.

Town Engineer Mark Coviello told the Board that the drainage problems articulated by the Gills were accurate including the history of the area and the complexity. He (Mr. Coviello) had been asked by the Town Administrator to look at the area with maybe putting an article forward for Town Meeting to address the problem. Mr. Coviello distributed copies of the drainage plan for the area.

Using the map, Mr. Coviello pointed out that the drainage from the upper watershed – Bacon Street – flows through a series of swales and ponds into a culvert into Vale Street. Mr. Gill was correct that there was an intermittent stream that flows into Middle Street and there was an attempt to collect (the water) by a closed drain system. The water

Going back to 1990, Mr. Coviello explained that from 9 Middle Street on up, there were no houses. A plan was then submitted and five houses were built on Middle Street. At that time the drainage system was extended, but it was done in an insufficient manner. Before these five houses were built, that area constantly flooded, but there were no homes and no property damage. Over the years the intermittent stream collects debris, the pipes clog and causes flooding.

As to what can be done, Mr. Coviello noted that he did some survey work. The existing drainage pipe off Middle Street was not within an easement; therefore, the Town would have to acquire necessary easements and look further downstream to see what increases can be made in the existing drainage. In the long-term something would have to be done in the upper water shed areas to hold some of the runoff otherwise there would have to be some pretty large pipes to carry the runoff into the railroad bed.

Mr. Hughes questioned if the drain needed to be checked more often so that it doesn’t clog. Mr. Coviello responded that Middle Street, Sawin, and Harvard Streets were on the plans to be resurfaced and paved. With the large rains, he took those streets off the resurfacing until permanent improvements were done. The area was on a regular basis (for cleaning), but it doesn’t take much to clog it. The size of the inlet is too small.

Mr. McKinley expressed surprise that some of these houses haven’t washed done into the valley. A lot of these lots probably weren’t buildable in the first place and building additional houses with impervious driveways just added to the problem. He questioned if it was possible that it was not possible to put a big enough pipe in without addressing the highlands.

Mr. Coviello responded that there had been little development other than Middle Street, but unfortunately they are at the bottom of the hill. This drainage system has been beyond capacity for more than 10 years. Mr. McKinley raised the possibility of drains in Highland Street to intercept some of the water and asked if that would help. Mr. Coviello advised that it wouldn’t unless the system was improved all the way down to the railroad bed. Mr. Coviello also pointed out that the storms we have been getting equate to a 100-year storm event.

pipes downstream were able to handle it. When Mr. Coviello responded that the pipes downstream were not adequate, Mr. McKinley pointed out that Town would have to replace the drainage system all the way down to the railroad bed. Mr. Coviello agreed unless the water can be retained upstream. Retaining the water upstream and allowing it at a controlled rate to go downstream was probably the best solution.

Mr. Coviello noted that money was appropriated last year to go forward with the stormwater management plan required by EPA by March 2003. Part of that plan was to improve water quality of drainage discharges, but another was to accurately map and plan capital improvements on the drainage system. A consultant was on board and he will work this summer to prepare the master plan and identify areas of flooding and drainage improvements in the future.

Mr. Hughes noted that an article will be put on the warrant for the Fall Town Meeting to deal with this short-term. Mr. Coviello confirmed that as being correct, noting that the article would be broad enough to include construction, design.

Mr. McKinley asked if a 15-year storm plan was adequate going forward. Mr. Coviello responded that the Planning Board can increase design criteria but it would have very little effect on this. This area was pretty much all developed. He noted that the Middle Street development was outside the Planning Board’s purview. Mr. McKinley felt that the Planning Board should at least be aware of the results of the drainage study so they can factor that into their criteria.

If Town Meeting appropriated the funds, Mr. Ball inquired as to the schedule for bidding and the start of construction. Mr. Coviello replied that he was hoping to come up with something in the next few weeks that would provide immediate relief and maybe something that could be done in-house if he got the necessary easements across private property. For anything significant he couldn’t answer Mr. Ball until he surveyed the area and found out what’s involved.

Middle Street resident Erin Gill thought what was being proposed for Fall Town Meeting was fabulous, but questioned what she should do when the fall rains come. Mr. Coviello advised that he couldn’t answer that other than she should keep the Highway Supervisor apprised of the situation. The DPW will have to try to keep the area clean.

Ms. Gill questioned if that meant she would have to continue calling the DPW every week. Mr. McKinley responded that the DPW was looking to put in a strategic solution and if someone had to keep cleaning the drains, that was the answer. Ms. Gill asked if there was any way to put in a line of communication so she didn’t have to come back to the Board of Selectmen every time. Mr. McKinley noted that the next benchmark would be the article on the Town Meeting warrant and then Town Meeting.

Ms. Gill then asked if there was anything that could be done so that she was advised of future developments above them. Unless there was an A&R plan, Mr. Hughes thought there probably wasn’t. If there was a subdivision approval and Ms. Gill was an abutter, she must be notified.

Mr. Hughes requested that Mr. Coviello return in three weeks for an update. In terms of easements, Ms. Gill assured the Board that the Town would get cooperation from she and her husband and was relatively certain that all her neighbors would be happy to assist.

A member of the audience, Kevin Hern asked if he could address questions to members of the Open Space Advisory Board. There was one member who owns a piece of property on this plan and he would like to know the specific plans. Mr. Hughes declined to allow questions, citing that it was not the appropriate time.

Director of Public Health Roger Wade told the Board that once a year Dug Pond was treated with alum. The treatment was carefully timed based on algae counts. At the time the treatment is done, alum takes several days to settle to the bottom and the culvert at Campus Drive and Dug Pond were partially blocked. As luck would have it, that was what happened that weekend. Before this he (Mr. Wade) didn’t even know it was ever done.

Mr. Hughes questioned why nobody told anybody that that was happening. There were three departments, and Mr. Wade has been here 25 years and didn’t know it was being blocked off and somebody from DPW didn’t know. Mr. Wade responded that another division of the DPW did the blocking off.

Recreation Superintendent Supervisor Richard Cugini explained that in 1981 when Dug Pond was analyzed it was determined by the environmental consultant that the culvert should be raised for a one-foot gap. Starting in 1983-1996 he (Mr. Cugini) was the LFNR supervisor and carried that out each year. In 1996 when he went to Recreation that information was not passed on between himself and the next supervisor. In the last two years, they went back to putting the boards up. When the storm came, unfortunately he (Mr. Cugini) was out-of-town and the Highway Division did not communicate that. There was still a foot for the water to come over.

If the Town was messing around with Dug Pond, Mr. McKinley questioned if the Conservation Commission had been informed. Mr. Cugini advised that they had been in 1981-1982 when the report came out. Mr. McKinley asked if a Notice of Intent should be filed, and Mr. Cugini responded that it was in 1981-82, but he hadn’t gone back each year. At the end of the beach season, the boards are taken out.

Mr. Hughes asked if Mr. Wade had any information (on the hay bales), and Mr. Wade responded that he only knew what Mr. Sisitsky told the Board in the memo. Mr. McKinley assumed the hay bales were put there by the Conservation Commission when the parking lot was put there. He agreed that a letter should go to the Conservation Commission and the Schools should be asked to remove the dirt pile.

West Street resident Mary Brown requested permission to show the Board a video of the problem and make comments. She noted that she had attended the Board’s last meeting and at her request Mr. Ciccariello had come down (during the storm) to see what was going on. Regarding the blocking of the pond going into Dug Pond, Ms. Brown circulated a picture taken on August 10, 2000 and noted that that was the first time she had ever seen it. She said she questioned it when it was being blocked and Mr. Cugini told her it was to keep the sediment from

entering Dug Pond. Ms. Brown then showed a picture with the culvert and the foam coming out of the brook that was taken last year. She pointed out that there was sewage going into Dug Pond and it was after that the boards appeared. She also showed a picture of what the brook originally looked like.

Ms. Brown continued by showing a picture of last year and explaining the flow of water that feeds into the culvert. She noted that the water that accumulated came all the way up to Maple Street. It broke the wall on Campus Drive and the culvert on the opposite side of Maple Street was all covered with water. It was not just a this year situation. The culvert goes through her yard and if it ever explodes, the Town could have problems.

Mr. Ball noted that the Coolidge basketball court has been a source of distress to the neighbors who live around it, and he would love to see those issues resolved so that the court does not become a more attractive nuisance. He asked if Mr. Cugini had any thoughts on time.

It occurred to Mr. Stern that when the BAA funds were discussed in April, there was an agreement to look at how those funds were allocated and possibly fund some youth groups that don’t have funding. This might be the appropriate time to look at that policy and identify some groups that could benefit from funding.

Mr. Cugini responded that all the money received over the seven years has been project driven. In doing the tennis court, that helped the tennis team. The direction taken has been to update the facilities the groups need – not major, but smaller in nature project. He knew that a lot of the groups out there wanted the facilities in top notch shape and if the focus was on that, that would be helpful to the groups.

Mr. McKinley moved approval of the appropriation of the unexpended balance from the BAA fund for the three projects listed above. Seconded by Mr. Hughes. The motion passed on a 3-1-0 vote. Mr. Hughes, Mr. McKinley, Mr. Ball, Mr. Ciccariello voted in favor of the motion. Mr. Stern was opposed.

Alan Segel presented a letter requesting the Board to look into rush hour traffic on Route 135 and Speen Street. He had noticed in recent weeks that traffic backs up in the morning on the Eastbound side of Route 135 from the traffic light at Speen Street and sometimes goes past the light at Mill Street. It was his belief that a police officer directing traffic for about 90 minutes each morning and afternoon could alleviate the problem.

by the school at the end of Auburn Street. Ms. Shagoury distributed pictures showing the sign. Ms. Shagoury noted that she was concerned about the escalation of ongoing conflict and concern about backing out of her driveway and hitting the fence. She has been left no room to turn, and there were no streetlights. This was the Montessori School denying access to the land owned by the Town of Natick with the posting of No Trespassing signs.

Ms. Golden described the problem as an industrial pumping and vacuuming facility for pollution abatement purposes located next to her home. There was something about the frequency the machine runs at that hurts her sinuses and her teeth. It was very high pitched and hurtful. Ms. Golden noted that she has had contact with the site manager (Geoservices) and he informed her that the Town had done auditory tests and it passed and, therefore, there was no basis for her complaint.

Ms. Golden continued that the company did shut down and tried to make a noise abatement. The ZBA has disavowed any control over this site and an industrial site has been installed. Ms. Golden asked if the Board had any suggestion or action the Board might take. All support would be appreciated.

As the site had been a former gas station, Mr. McKinley asked if the trailer could be set in the bay. Ms. Golden responded that the vendor had stated that he doesn’t have that option. Exxon doesn’t own that property. Asked who owned it, Ms. Golden responded that it was unknown to her. Mr. McKinley pointed out that somebody must own it and they got a permit to put a trailer and start the remediation process. Ms. Golden reiterated that the vendor said he had no permission or right to do that and placing the apparatus inside the building was no guarantee it will stop.

Mr. Hughes requested that Mr. Cohen contact Mr. Wade to get the information and test after hours when traffic was less. Mr. McKinley suggested finding out more about who owns the property and the possibility of putting it inside the building.

Edward Shagoury stated that he was very concerned about the fence. He had heard a lot about open space and to him putting up that fence eliminated much needed open space in Natick. That area has been used by canoers, kayakers and putting up the signs eliminates that access. He questioned the authority of the school to put the fence up. He did not believe the Montessori School leased that particular parcel.

Washington Avenue resident Luciano Scianna thanked Mr. McKinley for his help in getting the Sewer Department to come down and drain the particular area. It has helped but has not alleviated the situation. Mr. Scianna summarized the problem, noting that the brook over-flows during rainstorms and emits onto Washington Avenue. The drainage system on Washington Avenue cannot dispense of the over-flow and the residue flows into Valley Road. That results in flooding and drainage problems on both Washington Avenue and Valley Road.

Mr. Scianna noted that the brook over-flowed like crazy on June 17, 2001, and if improvements hadn’t been made previously, there would have been 12” or so of water. The previous work did help, but it needed to be finished. When he spoke to Mr. Cohen, he (Mr. Cohen) suggested that Mr. Scianna bring it to the Board of Selectmen to put on a Town Meeting article.

Mr. McKinley noted during the June 30th storm he was at the Sons of Italy standing on the front steps watching the cars. He was shocked with how bad the problem was and would ask Mr. Coviello to look at this at the same time as the others and see if something immediate needed to be done. There were some new houses built about 10 years and Mr. McKinley thought the problem started then. Mr. Scianna corrected him that the problem has been there for 40 years.

Magnolia Street resident Daniel Alves noted that recently the Mass Turnpike constructed an 80 foot sign that exceeded Natick’s building codes by 7-8 times. He knew that the Mass Turnpike was exempt from building codes but the Planning Board and others have taken a position on it. The sign will be visible in the fall from his property and from the beach of the state park.

Mr. Cohen reported that eight proposals had been received from architectural firms in response to the RFP for designer services for the feasibility study for the renovation of the portion of the former Lincoln School building that houses the Natick District Court. Mr. Ciccariello, Judge Sarah Singer, Sue Shea and he (Mr. Cohen) interviewed representatives from three of the architectural firms. Based upon a review of the proposals and the interviews, the recommendation was the following ranking for the $7,000 feasibility study:

Mr. Cohen advised that CSS Architects of Wakefield, MA had successfully completed a $1.6 million renovation of the Lowell Superior Courthouse and a $1.5 million renovation of the Worcester Superior Courthouse. The feasibility study was expected to take 8-9 weeks.

A motion was made by Mr. McKinley to accept the recommended ranking for the courthouse feasibility study and authorize the administration to negotiate a contract with CSS Architects, Inc. who was ranked number 1. Seconded by Mr. Ball and unanimously voted.

Mr. Hughes recalled that about 8 weeks ago the Board was going to do an appraisal of Deputy Town Administrator Paul Cohen who at the time was Acting Town Administrator. Mr. Conley returned and Mr. Cohen went back to being the Deputy Town Administrator and it is not in the purview of the Board to do the Deputy’s performance appraisal. It is up to Mr. Conley.

Mr. Ball expressed the opinion that even though an appraisal of Mr. Cohen was in the purview of Mr. Conley, because Mr. Conley was absent and as a result the rest of us worked closely with Mr. Cohen, it might be useful for the Board to provide Mr. Conley an assessment on an individual basis of Mr. Cohen’s performance.

Mr. McKinley agreed with Mr. Ball, noting that for all practical purposes Mr. Cohen was the Acting Town Administrator and the Board would have given his performance appraisal had it been done on time. He (Mr. McKinley) didn’t think there was a whole lot Mr. Conley could add because he (Mr. Conley) was out for a year.

Mr. Hughes stated that he had no objection and agreed the Board should do it. The question was the process. He (Mr. Hughes) did the last one for Mr. Conley. He sent out forms to every department head and Selectman, got responses back, tabulated them and put it together. He

Mr. Hughes announced that Fall Town Meeting would be held on October 2, 2001 with the warrant closing on Friday, August 3, 2001. If any member of the Board had anything he wished to put on the warrant, it would need to be presented at one of the two remaining meetings before the warrant closed.

Mr. Ball noted that the Board had made a specific offer to compensate people for damage by black water with a specific time window. That window has been closed and he felt this request should be denied. Mr. McKinley agreed, adding that the Board did not establish any policy for the event in April. He asked if any other claims had been received for April, and Mr. Cohen advised that he was not aware of any.

Mr. Cohen explained that before the Board was a loan agreement with Unibank in the amount of $2,285,000 for permanent borrowing for the Springvale treatment plant. The treatment plant was out of the five-year temporary window and the Town needed to provide permanent financing. The Unibank loan would be for 22 months with no penalty for prepayment. The payment from the Labs would pay off that note. The interest rate was at 4%.

Mr. Ball noted that if the Town receives the Army Lab settlement, that will go to retire this debt and will not go to reducing water rates. Mr. Hughes pointed out that if the settlement didn’t go to pay off the debt, water rates would have to be raised to pay off the debt.

In a memo to the Board, DPW Business Manager John Craig requested that the Board award the contract for the resurfacing and relining of the high school track to Cape and Island Tennis and Track in the amount of $33,924.00. The low bidder was Tracklite Systems, but Tracklite did not meet bid specifications and received a poor recommendation from Framingham.

Mr. Ball inquired as to the last time the track was resurfaced and the warranty. Mr. Cohen advised that this was the first resurface from when the track was originally reconstructed. That goes back about 8 years. It was his understanding that there would be a full warranty, but not more than 1 year.

Mr. McKinley asked if the School Committee had weighed in on this, and Mr. Cohen responded that the School Business Manager Jim Connolly supports it. The amount came in slightly over estimate and the schools will supply the additional money.

Mr. Cohen noted that the 80 Everett Street property had been bid a few months ago and the previous owners of the property submitted a bid of $5,100.00 which was accepted by the Board. The property has been sold and the new owners wish to acquire the property at the previous bid. Town Counsel feels the Board can accept this bid.

Mr. Hughes noted that the Police Department had someone under the age of 21 go into all of the liquor stores in Town, and allegedly Sam’s Club and Powers Package Store sold alcohol to an underage minor. Chief Mannix made application for complaint against the individuals who actually made the sale, but it was up to the Board to take action against the licenseholder. In addition Sam’s Club has no approved manager and officer & directors.

Mr. McKinley asked if there was a policy for the number of offenses equals such and such. When advised that there wasn’t, Mr. McKinley noted that some towns have such policies and perhaps either the Chief or Mr. Cohen could consult with other towns and make a recommendation.

The Board agreed to schedule a hearing for Powers Package Store on the alleged sale of alcohol to a minor. The Board also agreed to schedule a hearing for Westborough Beverage Corp. d/b/a Sam’s Club on the alleged sale of alcohol to a minor and for not having an approved manager, officer & directors.

Elizabeth Bransfield who had served as Natick’s representative to MAPC had written that she did not seek re-appointment. A letter had been received from Robert Eisenmenger expressing an interest in the appointment. Mr. McKinley pointed out that Mr. Eisenmenger was already on the MetroWest Growth Management Committee, the Planning Board, the Tax Classification Task Force and the Open Space Committee and perhaps someone else should be given a chance. It was pointed out that Mr. Eisenmenger was retired and the opening had been posted with no other applicants.

Mr. Ball moved to re-appoint Lauren Rikleen, John Merritt, and Elliot Goodman as Special Municipal Employees. Seconded by Mr. Stern. After some discussion the motion failed on a 0-4-0 vote. Mr. Hughes, Mr. McKinley, Mr. Stern, Mr. Ball voted in opposition to the motion.

In discussion of the motion, Mr. Stern asked for an identification of the position and the need. Mr. Hughes advised that Mr. Goodman was a library trustee, Mr. Merritt served on various committees and was a Town Meeting member. Mr. McKinley followed up by questioning what qualifies any of those people to need a special municipal employee status, and Mr. Ball responded that the designation allows them to do business with the Town although not with their own board. Ms. Rikleen was a member of a law firm with other partners and lawyers who do business with the Town.

Mr. Stern stated that he would move to approve Ms. Rikleen, but would request that the Deputy Town Administrator provide written reasons why the Board should grant the other two individuals this status. He was not comfortable with giving blanket approval without having a much better understanding of why it was necessary and how it applies to these individuals.

Mr. Hughes asked if Mr. Cohen had heard anything from the Building Department concerning the dirt road behind the building and the landscaping. Mr. Cohen advised that he had spoken to the Building Inspector Michael Melchiorri and knew that he (Mr. Melchiorri) had gone out to the site. His (Mr. Melchiorri’s) concern was the road. Mr.