Town of Natick - Board of Selectmen Minutes 5/6/02

The meeting was called to order by the Chairman Paul R. McKinley at 7:00 p.m.

PRESENT: Paul R. McKinley; Jeffrey A. Stern; Charles M. Hughes; Absent: Jay H. Ball, John Ciccariello

ALSO PRESENT: Thomas Groux, Acting Town Administrator; Donna Challis, Secretary;

WARRANTS: Payroll warrants were signed by the Board of Selectmen on May 6, 2002 in the amount of $463,744.02. This figure was included in total warrants signed by the Board of Selectmen of $2,041,129.41.

Mr. Hughes, seconded by Mr. Stern, 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 that the meeting would return to open session.

The open session was called to order at 7:00 p.m.

PRESENTATION OF COMMENDATION: CHARLES STREET RESCUE

Fire Chief James Brien presented letters of commendation to Deputy Chief Michael Slattery, Lt. EMTI Thomas Forance, Lt. EMTI James Sheridan, A/Lt. EMTI Thomas Spencer, F.F. Paramedic Ken Levey, F.F. Paramedic Thomas Topham, F.F. EMT Joseph Slattery, F.F. Albert Graham, Public Safety Dispatchers Heather Thomason and Sue Baur, Natick Police Officer Ronald Richardson and Thomas Vitale, and citizen Robert Conza for their action on April 14, 2002 that saved the life of a child on Charles Street.

Chris Carr extended the appreciation of the Carr family to everyone involved.

PROCLAMATION: POLICE WEEK

A proclamation declaring the week of May 15, 2002 as Police Week was presented to Police Chief Dennis Mannix.

Chief Mannix noted that this year Peace Officers’ Memorial Day will be observed on May 15, 2002. President Clinton began the practice of lowering the flags on that day, and Chief Mannix requested the Board’s permission to continue that practice and lower the flags on the municipal buildings.

A motion was made by Mr. Hughes, seconded by Mr. Stern, to lower the flags on municipal buildings to l/2 staff on May 15, 2002 in honor of Peace Officers’ Memorial Day. Unanimously voted.

A proclamation declaring the week of May 11-19, 2002 as Bike Week with the observance of Bike-to-Work Day on May 13, 2002 was presented to the Chairman of the Natick Bicycle & Pedestrian Advisory Committee A. Richard Miller.

NATICK BICYCLE & PEDESTRIAN ADVISORY COMMITTEE: UPDATE

In addition to Mr. Miller, the Bicycle & Pedestrian Advisory Committee was represented by Jill Miller, Martin Kessel, and Associate Member Susan Geiser.

Mr. Miller updated the Board on the committee’s activities. A copy of a summary had been previously submitted to the Board along with a list of groups the committee was working with, and a copy of a letter to the Mass Turnpike Advisory Board.

Mr. Miller identified the Cochituate Rail Trail project as the Committee’s largest single project which represents the Board’s support and the support of the Board of Selectmen of the two other towns involved in asking the Mass Turnpike Authority to transfer the

NATICK BICYCLE & PEDESTRIAN ADVISORY COMMITTEE: UPDATE (contd)

abandoned rail corridor. Mr. Miller told the Board that he thought the Mass Turnpike was going to make the transfer, and they were awaiting a meeting with the new chairman of the Mass Turnpike Authority.

In addition the committee has been working on safety issues and with the safety committee. It was working well.

In the area of Natick transportation, Mr. Miller advised that the committee has made efforts to promote transportation by bicycling and walking, to decrease automobile traffic and increase public health.

He also noted that a lot of good recreational things were going on. They provide programs, map, handouts for walking and biking opportunities within Natick.

The committee also looks at the bills in the Mass Legislature that affect how bicycles and pedestrians can get along in Natick.

In conclusion, Mr. Miller stated that the committee had gotten a lot done quietly and easily and had made a lot of connections.

With corrections as noted, Mr. Hughes moved to approve the minutes of the February 25, 2002. Unanimously voted.

ROTARY CLUB OF NATICK: REQUEST BANNER

The Rotary Club’s request to hang a banner across Main Street for the period of June 24-July 5, 2002 was tabled to the meeting of May 20th.

REGIONAL DIRECTOR AMERICAN RED CROSS LORRAINE KOHR: INTRODUCTION

Lorraine Kohr introduced herself as the new director of the West region of the American Red Cross. She thanked the community for its continued support of the American Red Cross and provided materials and brochures regarding health care training, CPR training, and volunteer opportunities. She noted that the West region serves 34 communities of which Natick was one.

Mr. McKinley inquired as to where she was based, and Ms. Kohr responded that there were offices in Framingham and Waltham.

INTERVIEW FOR APPOINTMENT TO NATICK ARTS COUNCIL:

Joseph Stone told the Board that he had been a resident of Natick for four years and believed in volunteerism. Where he had lived before, he and his wife were active in the arts. He noted that he had been a talent agent in New York and had a background in the performing arts as well as business.

Mr. Hughes moved to appoint Joseph Stone to the Natick Arts Council. Seconded by Mr. Stern and unanimously voted.

NEIGHBORHOOD BUS TASK FORCE: ESTABLISH CHARGE FOR COMMITTEE

Chairman of the Neighborhood Bus Task Force, Linda Sussman, reported that the task force had their first meeting a week ago and hoped to have kind of report back to the Board by the end of June. It wouldn’t be a final report, but it would be a good foundation.

She also advised that at the first meeting, the task force drafted the following charge for the Board’s consideration:

“To examine all phases of the operation of the Natick Neighborhood Bus and other appropriate services, and to propose recommendations to the Natick Board of Selectmen that would improve the efficiency and effectiveness of the system in order to provide mobility options for Natick residents.”

Mr. Hughes inquired as to what was meant by ‘other appropriate services’, and Ms. Sussman explained that the task force was trying to look at all different options available. At the next meeting the task force would be listing all the different groups that provide public transportation or for pay taxi service and how they can be utilized more effectively.

Mr. Hughes asked if Ms. Sussman saw this charge as being expansive enough so that if the task force recommends an expansion of service,

NEIGHBORHOOD BUS TASK FORCE: ESTABLISH CHARGE FOR COMMITTEE (contd)

the task force will tell the Board where they thought the money would come fund to fund that expansion.

Ms. Sussman responded that she would never tell the Board anything. She noted that the task force was looking at the most cost effective way and the first step will be to look at how bus service was received in the past and how to continue to operate, maintain, and replace what was needed. She thought that that was within the task force’s scope of what they should be looking at. The intent was to look at all operations of the bus system including financial.

Mr. McKinley offered to put the task force in touch with members of the MetroWest Growth Management Committee. Some of the surrounding towns have been very aggressive at implementing transportation fees and the task force may want to be in touch with them.

TOWN ADMINISTRATOR SCREENING COMMITTEE

Chairman of the Town Administrator Screening Committee, Terri Evans, appeared before the Board to present the names of three candidates for the Board to consider for appointment as Town Administrator. She briefly reviewed the process beginning with the committee’s establishment four months before and noted the setback with the loss of their chairman, Michael Dank. However, she thought Mr. Dank would be proud of the way the committee worked together. She told the Board that over 100 applications after advertising and by recruitment had been received, and a consultant was hired to assist in the process. Eight candidates were interviewed and reference checks were done prior to the interviews.

The names presented to the Board were:

Charles Aspinwall – Town Manager of Millis

Dennis DiZoglio – Assistant General of the MBTA

Richard Montuori – Town Manager of Billerica

Ms. Evans clarified that the Committee did not rank any of the candidates. She also requested that the Board schedule an executive session with Mark Morse, the consultant, to discuss contract negotiation.

In conclusion, Ms. Evans stated that the committee wanted to give the Board a tough choice and she believed they had done so.

Mr. McKinley thanked Ms. Evans and the Screening Committee for the outstanding job.

Mr. Stern inquired as to the size of the field that the Screening Committee narrowed down, and Ms. Evans advised that it was 106 applications. When asked about intermediary cuts, Ms. Evans advised that there were no intermediary cuts, but the Committee did select a pool of candidates with some in reserve in the event all of the eight candidates didn’t go forward. Ms. Evans noted that in making the cut to 8, Mr. Morse’s input was invaluable as he was directly familiar with many of the candidates.

Mr. Stern asked if there was any narrative that gave an insight into the committee’s thought process, but Ms. Evans advised that there wasn’t any. The committee only provided a summary background as the committee did not want to present any bias. The candidates’ answers to the committee’s questions regarding the role of the deputy, management style, crisis communication, and dealing with difficult management situations were very revealing, and each candidate has a different strength. She noted that Mr. Morse had conversations with the candidates as he set up the interviews.

As Mr. Ball wouldn’t be back in town until May 19th, Mr. McKinley suggested scheduling an executive session on May 20th at 6:15 p.m. with Mr. Morse, Ms. Evans and a few others from the Screening Committee. After some discussion the Board agreed.

Ms. Evans noted that she had proposed to her committee that they attend the executive session as a committee, but they felt it was critical that the committee speak with one voice and expressed a strong preference that she represent a common opinion from the committee as a

TOWN ADMINISTRATOR SCREENING COMMITTEE (contd)

whole. Mr. McKinley suggested that the committee be represented by 2-3 rather than the whole committee, and Ms. Evan agreed to extend that invitation to them.

Mr. McKinley noted that the Board would have to do a public interview of the candidates and asked if the preference was to schedule those interviews for May 20 as well.

Mr. Hughes responded that he didn’t think the Board could set a date without Mr. Ciccariello and Mr. Ball here.

Ms. Evans pointed out that once the names were public, the candidates come under tremendous pressure from various points. The sooner the Board could schedule interviews the better because the candidates were left hanging in the wind and the Board wouldn’t want to drag out the process too long. She also asked the Board to consider a separate meeting later in that week.

Mr. Stern agreed with having a separate meeting later in the week of the 20th, but Mr. McKinley advised that Wednesday and Thursday were difficult for him. It would have to be Tuesday.

Mr. Groux followed up on Ms. Evans’ point and agreed that the candidates come under a lot of pressure, but also noted that where the Board was getting a limited number of names, the Board had to keep in mind that the candidates may have other options. Unless the Board knew that that was not the case, the Board might want to have two meetings with the candidates (one now and one when Mr. Ball returned). There was also a by-law that requires action within 30 days and as much as it was desirable to have all five Selectmen present, the Board could lose 1 of the 3 or run into a time crunch by waiting to May 20th. He felt if the candidates met four of the Selectmen and the fifth at a subsequent date, it might be in the best interest of the Town.

To Mr. McKinley’s inquiry as to when the 30-day clock started running, Mr. Groux responded that it started when the committee made its report to the Board. Effectively it started now and the Board had until June 6th.

Mr. Hughes recommended interviewing the candidates on May 20 and moving anything that was not essential from the May 20th agenda.

Ms. Evans noted that one of the proposals recommended by Mr. Morse in addition to the formal interview was to have an open coffee where all three candidates attend and meet with the department heads and the members of the Board of Selectmen. In terms of the formal interview, Ms. Evans asked if the Board would consider having the interviews on a Saturday, but Mr. Hughes noted that Mr. Ball wasn’t available until the Saturday of the Memorial Day weekend.

Mr. McKinley raised the possibility of proceeding without Mr. Ball and scheduling the interviews for next Monday and then Mr. Ball could be afforded an opportunity to meet with the candidates individually when he returned. The other decision was whether the Board had any interest meeting with the candidates one-on-one. As to the suggestion of a coffee, he thought it was a great idea, but he was not sure he would do

it with all three candidates at once. Maybe after the candidates were interviewed, they could be afforded an opportunity to spend an hour with department heads and meet the people they would be responsible for supervising. That would provide an opportunity for some department heads to offer some feedback.

Mr. Groux told the Board that he would be happy to assist in setting up meetings with department heads.

Mr. Stern stated that he didn’t want to participate in a department head coffee until after the Board had interviewed the candidates. He thought it should be a top down process. Mr. McKinley concurred.

As for not waiting for Mr. Ball to return to interview the candidates, Mr. Hughes thought that would guarantee that the candidates would be interviewed twice. He would rather find out if the candidates could be here on May 20th or the next available date they could be here.

TOWN ADMINISTRATOR SCREENING COMMITTEE (contd)

The Board agreed to pencil in May 20th as the date for the interviews and asked Ms. Evans to check on the candidates’ availability. If all three were not available on the 20th, she could split the dates.

Mr. McKinley then asked if the Board wanted to have a policy about any member meeting with a candidate prior to the Board in its entirety meeting with the candidate.

Mr. Stern felt that the members should meet the candidates as a Board first and then if anyone wanted to meet them separately, fine. Mr. Hughes concurred, noting that he did not foresee the Board voting on the night of the last interview. Mr. McKinley agreed with the other members to meet the candidates as a Board on May 20th and then follow-up. He stated that the Board would not be making a decision on the 20th.

CONTINUE PUBLIC HEARING: AMEND LIQUOR LICENSE RULES & REGULATIONS FOR THE SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS AND FUNCTION ROOMS WITH A SEATING CAPACITY OF NOT LESS THAN 100 PERSONS – SUSHI BAR DEFINITION

Mr. Hughes moved to continue the public hearing to a meeting at which at least four members of the Board were present. Seconded by Mr. Stern and unanimously voted.

CONTINUE PUBLIC HEARING: APPLICATION FOR TRANSFER OF CABLE LICENSE AT&T COMCAST

In view of Mr. Ball’s interest in cable issues, Mr. Hughes moved to continue the hearing to June 3rd. Seconded by Mr. Stern and unanimously voted.

PUBLIC HEARING: RULES & REGULATIONS FOR THE SALE OF WINE & MALT BEVERAGES IN RESTAURANTS AND FUNCTION ROOMS WITH A SEATING CAPACITY OF NOT LESS THAN 50 AND NOT MORE THAN 99

Mr. Hughes moved to open the public hearing. Seconded by Mr. Stern and unanimously voted.

Mr. Hughes then moved to continue the public hearing to June 3rd. Seconded by Mr. Stern and unanimously voted.

School Bus Transportation Fee

Washington Street resident Kenneth Miller presented the Board with an evaluation of the proposed fee-based school busing proposal. It was his belief that the proposal put the burden of balancing the school budget on a minority of families. He noted that his analysis was based on information received from the School administration and showed a 50% increase in the number of students not using the bus to get to school, with resulting safety and traffic congestion consequences.

Mr. Miller noted that about 400 school families will pay $500, 640 families will pay $250, and 2,000 school families will pay nothing. There were about 10,000 Natick households that would pay nothing. The School Committee put forward that either the fee pays the entire cost of the buses or the entire cost has to come from somewhere else, but there were some interim options that could mitigate the cost. The School feels they need $60,000 to administer the fee-based system and need to hire l-l/2 people, but by using existing resources to collect the fees, they would save $60,000 and could reduce the fee per child.

Mr. Miller continued that he believed that he had found $93,000 of savings based on the school system averages. There were certain line items where the Schools far exceed the state average, i.e. Secretary and clerks by 66% and they exceed the state average for custodial and yet they want to hire another custodian. If the $93,000 was added to the $60,000 for administration, the fee could be dropped.

In conclusion Mr. Miller told the Board that he thought his analysis showed that it was a shotgun approach. He recognized that the bus fee was not in the Board’s purview, but his analysis may help some things like the trash fee.

AGE QUALIFIED VILLAGE ZONING ADVISORY COMMITTEE

Mr. McKinley referenced Town Moderator Paul Connolly’s posting of the Age Qualified Village Zoning Advisory Committee. People interested in being the Selectmen’s representative to the Advisory Committee were

AGE QUALIFIED VILLAGE ZONING ADVISORY COMMITTEE (contd)

asked to send letters of interest to the Selectmen’s Office. Before the Board was a letter from Elizabeth Fancy of Rockland Road.

Mr. McKinley noted that he had told Ms. Fancy that the Board had not discussed this and he didn’t know if any member of the Board was interested in being on the committee. The Board cannot wait until May 20th to make the appointment because as he understood the process, the Moderator has to make the appointments by May 23rd, and the Moderator wants the names by May 18th.

Mr. McKinley inquired as to the pleasure of the Board, and Mr. Hughes responded that his concern was that if the Board didn’t make the appointment until May 20th, in keeping with the strict sentence of Town Meeting, Mr. Connolly would make the appointment. Mr. McKinley was concerned that even if Mr. Connolly agreed to wait until May 20th, it might be technically illegal. Mr. Stern was not comfortable with the makeup of the committee as far as being a subjective body and would prefer to have more candidates from which to choose. Mr. McKinley agreed and also wished to have the other two members of the Board here, but he knew the applicant and had worked with her. He knew where she was coming from and it was appropriate. Mr. Hughes concurred with Mr.

McKinley's assessment and added that he (Mr. Hughes) had no interest in serving.

Mr. Stern didn’t think that it was important for him (Mr. Stern) to serve.

A motion was made by Mr. Hughes, seconded by Mr. Stern, to appoint Elizabeth Fancy as the Selectmen’s representative to the Age Qualified Village Zoning Advisory Committee. Unanimously voted.

BUDGET PLANNING SUBCOMMITTEE

Mr. Hughes reported that he was scheduling a Budget Planning Subcommittee meeting for May 14th at which there would be a discussion of what was predicted in terms of revenues and expenses for next year so everyone would know as soon as possible what the shortfall might be so an appropriate decision can be made on how to either close the gap or reduce expenses.

Mr. McKinley felt it important to keep a close eye on what was happening at the state level. Mr. Stern concurred, adding that he thought the warning flags should be up and people should begin to take notice.

STREET ACCEPTANCE: APPROVAL OF TAKING DOCUMENTS

On a motion by Mr. Hughes, seconded by Mr. Stern, the Board unanimously voted to approve the taking documents for Chalcom Circle, Austin Way, Arrow Path, Nokomis Way, Moccasin Path, and Chieftain Lane.

SELECTMEN’S CONCERNS

Alcohol Policy Study Group

In view of the number of hearings and the number of applicants interested in the new beer & wine licenses and the number of restaurants proposing sushi bars, Mr. Hughes suggested that the Board consider appointing a small task force, along with the Board, to look comprehensively at the rules and regs rather than doing it piecemeal. It seemed to him that the Board was re-acting to each applicant that comes in.

Although he felt that enacting the definition of a sushi bar would take a concern out of the loop, Mr. Stern thought it was well worth having a task force to review all the rules to make sure they reflect the direction the Board wants to take. Mr. McKinley concurred, noting that he was a little taken aback by how many doors the discussion of sushi bars had opened up. He felt that the Board had had real good results with task forces and study committees.

When asked about the constitution of the study group, Mr. Hughes responded that at the next meeting he would be happy to make a proposal on the composition of group. Mr. McKinley encouraged consideration of a representative from the Police Department and a representative from the Natick Center Associates.

SELECTMEN’S CONCERNS (contd)

Mr. Hughes reminded Mr. Groux of the need to put together a trash fee policy as soon as possible.

Mr. Groux said he knew that the Board had asked for it to be on tonight’s agenda, but he thought it might be good to have some thought on it before a public discussion.

Mr. McKinley asked that it be put on for May 20th. He also voiced his concern with the adjusted amount of the fee. He thought the Board had approved $150.00 per household, but Mr. Hughes clarified that the Board had voted to raise $1.5 million. The assumption was made that there were 10,000 households, but it was known that there would be some people who would opt out and there were some exemptions.

The Board had received some discussion topics, but Mr. McKinley challenged Finance Director Robert Palmer’s assumptions that 8-10% would not pay and another 8-10% would opt out. He preferred going in on the low side. Mr. Groux advised that he had asked Mr. Palmer to be more conservative, as there were a lot of unknowns. It was known that those who may not pay will eventually pay, but the money may come in the subsequent fiscal year. Mr. Hughes stressed the need to raise $1.5M as that money had already been budgeted.

Golf Course Oversight Committee Appointments

Mr. McKinley noted that he had received a call from the Oversight Committee seeking to get the two vacancies filled. He recalled that the Board had had some discussion 6-8 weeks ago and had authorized Mr. Groux to make the appointments.

Mr. Groux advised one individual who was being considered for appointment may be reconsidering and he expected to know in the next day or two. The other one he would call in the morning.

Mr. McKinley asked about the process, and Mr. Hughes responded that Mr. Groux needed to appoint first and then come in front of the Board and the Board approves.

Mr. McKinley noted that he would be out-of-town for the transfer of flags ceremony on May 22nd. Mr. Hughes agreed to attend to represent the Board.

Keeping Safety Warm Banquet

Mr. Stern agreed to represent the Board at the Keeping Safety Warm banquet on May 23rd. This was a program run by Dr. Tesini and the Police Department to bring hot cocoa to the crossing guards.

Having just arrived from attending the School Committee meeting, Mary Avalos voiced her concern that the Board of Selectmen and the School Committee always seemed to meet on the same night and the same time, which poses a problem for somebody pursuing an issue with both boards.

Mr. McKinley noted that he had spent 45 minutes on the telephone last week with the chairman of the School Committee mapping out schedules. The problem was the holidays and they gave up.

Ms. Avalos then noted that she sent a letter in March regarding the trash fee and the school bus fee and asked if it had been received and read into the public records.

Mr. McKinley responded that the letter was in correspondence and a public record, but it wasn’t necessarily read into the record.

Ms. Avalos stated that she was concerned with the busing fee. In conversations with the School Committee, she was told that other towns with a bus fee have a hazard review safety board and she didn’t know if anything like that was being considered. She would like to pursue it.

Mr. McKinley advised that the Town had a formal Safety Committee which the Police Chief chaired and included members of the School Committee, and he suggested that she bring her thoughts to that committee.

CITIZENS CONCERNS (contd)

Mr. Groux added that the Police Chief, DPW, and School administration had met at least twice and he spoke to Mary Ellen Dunn, School Business Manager, last Tuesday and agreed to further discussion on the subject once the School Committee knows more.

Asked if there was any opportunity for parents to have input, Mr. Groux noted that the Safety Committee meetings were public meetings. He suggested that if Ms. Avalos had some specific recommendations or suggestions that she send them to the Selectmen’s office, Police Chief, or School Superintendent.

The meeting was adjourned at 8:45 p.m.

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John Ciccariello, Clerk