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Board of Selectmen Minutes 9/15/03
BOARD OF SELECTMEN

Natick Town Hall

September 15, 2003

7:00 p.m.

The meeting was called to order by the Chairman Jeffrey A. Stern at 7:00 p.m.

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

ALSO PRESENT: Philip E. Lemnios, Town Administrator; Donna Challis, Secretary

WARRANTS:  Payroll warrants were signed by the Board of Selectmen on September 15, 2003 in the amount of $1,360,512.43. This figure was included in total warrants signed by the Board of Selectmen of $3,003,222.61.      

A moment of silence was observed in memory of Mitchell Barlas.  Mr. Barlas was the Board’s appointee to the Natick Retirement Board.  A moment of silence was also observed for the victims of 9/11 whose second anniversary had just passed.

MINUTES
On a motion by Mr. Ciccariello, seconded by Mr. Ball, the Board unanimously voted to approve the minutes of the July 7, 2003 meeting.

BRIAN RILEY:  REQUEST TO CLOSE BRAEMORE ROAD:  BLOCK PARTY
Mr. Hughes, seconded by Mr. Ball, moved to approve Brian Riley’s request to close Braemore Road on October 4, 2003 from 12:00 p.m.-7:00 p.m. for a block party.  Unanimously voted.

BACON FREE LIBRARY:  REQUEST TO CLOSE MILL LANE
The Board unanimously voted to approve the Bacon Free Library’s request to close Mill Lane on September 27, 2003 from 4:00-7:00 p.m. to allow time for setup and cleaning up after the concert.  The vote was taken on a motion by Mr. Hughes, seconded by Mr. Ball.

ACCEPTANCE OF RESIGNATION:  CONSERVATION COMMISSION
On a motion by Mr. Ciccariello, seconded by Mr. Ball, the Board unanimously voted to accept the resignation of William Keefe from the Conservation Commission with regret and post the vacancy.  

ACCEPTANCE OF RESIGNATION:  NATICK CULTURAL COUNCIL
Mr. Hughes, seconded by Mr. Ball, moved to accept the resignation of Patricia Nelson with regrets and thanks for her service on the Natick Cultural Council.  Unanimously voted.

RETIREMENT BOARD VACANCY
Mr. Hughes moved to post the vacancy on the Retirement Board left by the death of Mitchell Barlas and to send a letter of sympathy to the family.  Interviews to be scheduled for October 14, 2003.  Seconded by Mr. Ball and unanimously voted.

Speaking to the motion, Mr. Ball noted that he spoke with the Comptroller Ruthann Cashman about the qualifications.  The reason Mr. Barlas was so valuable was because he was an actuary and the Board might want to highlight the need or desirability of applicants with an actuarial background.  Mr. Hughes had no objection although he didn’t know if the Board could require applicants to have actuarial experience.

Mr. Hughes added that the loss of Mr. Barlas was unbelievable.  Mr. Barlas had tirelessly worked for the Retirement Board and had all the qualifications to advise the Board on decisions affecting pension funding.  

Mr. Stern didn’t think the mention of actuarial experience was appropriate for the posting notice, but could be in the front of the Board’s deliberations and in interviewing candidates.

RATIFICATION OF COLLECTIVE BARGAINING CONTRACTS
Mr. Lemnios informed the Board that a memorandum of understanding had been signed with four bargaining units:  Clerical, Library, Recreation, and Supervisors/Administrators.

Each was for a one-year term (July 1, 2003-June 30, 2004) with a zero percent cost of living.  Effective January 1, 2004 the clerical and supervisors’ contracts had a 10 cent per hour increase in the contribution for the pension associated with the union which equates to $100 per employee per year.  The library had a $100 clothing allowance and Recreation had a $100 per employee education incentive.  The four settlements covered 83 employees at a cost of $8,277 for the year.

Mr. Lemnios commended the members of these units for stepping forward in these difficult times.  It was a difficult request to go without a wage increase when health insurance and living expenses had increased but it was much to the credit of these units and the 100 employees not covered by a contract to make a significant contribution to the effort to continue to provide service to the Town of Natick in these difficult times.  Mr. Lemnios asked that the Board adopt the four memorandums of understanding.  

Mr. Hughes pointed out that there was a provision that said if circumstances changed or other contracts were settled in another way, these four would be renegotiated.  Mr. Lemnios confirmed that as being correct – that they could be reopened.

Mr. Hughes echoed the thoughts of the Town Administrator in terms of thanking the union heads and union members in cooperating with the Town
and working together to be sure the Town continued to provide the service we now have.

Mr. Hughes moved approval of the one year contract (7/1/03-6/30/04) with Local 1116 Recreation employees.  Seconded by Mr. Stern and unanimously voted.

Mr. Hughes moved approval of the one year contract (7/1/03-6/30/04) with Local 1116 Library employees.  Seconded by Mr. Ball and unanimously voted.

Mr. Ball moved approval of the one-year contract (7/1/03-6/30/04) with Local 1116 Clerical employees.  Seconded by Mr. Hughes and unanimously voted.

Mr. Ball moved approval of the one-year contract (7/1/03-6/30/04) with the Supervisors and Administrators.  Seconded by Mr. Hughes and unanimously voted.

Mr. Stern stated that the Board would like to reaffirm the Town Administrator’s comments and congratulate and thank with deepest sincerity the members of these four bargaining units in stepping up to the plate in what was a difficult financial time for everyone to continue to deliver the services for which Natick is known.  The Board appreciated it and it’s not gone unnoticed.  

INTERVIEW FOR APPOINTMENT TO THE NATICK CULTURAL COUNCIL:  RUTH SCOTCH
Ruth Scotch highlighted her background that included having had a show at The Center for Arts in Natick two years ago and participation in many local craft shows.  She was a painter and artisan and had taught art at the adult and children’s level.  She moved to Natick in December and was very excited about being in this community.  Ms. Scotch told the Board that she loved that Natick was a great artist community and was very excited to be a part of it and supported it.  

Mr. Ball inquired if Ms. Scotch was aware that funding for the Arts Council had been cut.  As assessing grants applications was a major
function of the Council, Mr. Ball asked if Ms. Scotch was still interested in serving.  Ms. Scotch responded that she was aware of the cut and felt that the Council still served an important function in this town and society.

Mr. Hughes moved to appoint Ruth Scotch to the Natick Cultural Council.  Seconded by Mr. Ball and unanimously voted.  

MARK CLEMENT:  METROWEST MEDICAL CENTER CEO
MetroWest Medical Center CEO Mark Clement thanked the Board for an opportunity to provide an update on the exciting things taking place at the MetroWest Medical Center.  He recalled that when he first appeared before the Board three years ago, he shared that the MetroWest Medical Center Board of Directors, Management Team, and employees went through a strategic planning process to answer some questions – what were the
collective ambitions and where did the hospital want to be five years down the road?  Emerging from that process the hospital wanted to redouble their efforts to earn the confidence of the community.  They asked themselves how they would achieve that vision and that yielded a new strategic plan, which they have pursued and implemented for the past three years:
1)      Recruitment of physicians and rejuvenation of medical staff
2)      Development of clinical programs in response to community need
3)      Improving the service experience, access, and investing in infrastructure and technology

Mr. Clement stated that he was really pleased to share tonight the recruitment of over 40 new physicians over the past three years. Half of those physicians practice at the Leonard Morse Hospital in a variety of specialties – 3 orthopedic surgeons, a neurosurgeon, a vascular surgeon, a thoracic surgeon, a pediatrician, physiatrist, ophthalmologist, and five primary care physicians.  Good progress had been made in recruitment.

Mr. Clement continued that the hospital had invested heavily in new programs.  $300,000 was spent in purchasing equipment for the vascular program and $1 million was expended for endoscopy services.  The hospital felt that the Leonard Morse campus was in a unique position to be an orthopedic provider.  A thoracic surgery program was developed and two physicians were recruited who completed training at Brigham & Women.  MetroWest was one of the first community hospitals to provide endovascular procedures and now did many of those procedures.

Mr. Clement advised that the hospital was investing in infrastructure and improving the service experience and image.  He thought encouraging progress had been made.  Between the two campuses more than $30 million had been invested over three years.  They were in the process of upgrading infrastructure in the surgery suite, and new ultrasound and mammography equipment were purchased.  There was a major renovation of the geriatric and psychiatric areas and they were poised to do a major renovation of the surgical unit.  He thought all of this had had a positive impact on the organization and he was encouraged that the community was increasingly turning to MetroWest.  The patient volumes have been increasing.  The hospital industry in this state was no less challenged than municipal government and he was encouraged to share that MetroWest Medical Center was in the black generating a surplus that allowed them to continue to invest in the recruitment of doctors and services.

Referring to Mr. Clement’s statement that patient volume was increasing, Mr. Ball inquired if patient satisfaction was increasing as well.  Mr. Clement responded that patient volume was up 4-5% compared to last year.  He credited the work done in recruitment and expanding and developing clinic programs contributing to that growth.  Patient satisfaction was measured on a monthly basis.  One hundred patients were called and one hundred outpatients were called and the percentage of patients that rate the service as excellent was measured.  If a
patient didn’t rate the service as excellent, the hospital didn’t get credit.  Two years ago the rating was about 78-79%.  Today it was in excess of 85%, which was a significant increase.  The hospital’s goal was to achieve 90% or better so they still had some work to do.  

Mr. Ball then noted that Mr. Clement had mentioned that among the new physicians associated with the hospital, there was a pediatrician, but there were no pediatric units.  When asked to explain, Mr. Clement responded that the hospital industry had evolved significantly over the past 30 years.  At that time most hospitals had pediatric units.  Pediatrics was consolidated into Framingham.  One reason for closing inpatient pediatrics was that kids rarely get admitted today.  That was more common 30 years ago.  Because they didn’t have inpatient pediatrics didn’t mean that the hospital wasn’t committed to pediatric
MARK CLEMENT:  METROWEST MEDICAL CENTER CEO (contd)
care.  The hospital does have to take care of a large number of pediatrics in the emergency room and had a growing number of pediatric outpatient.  The recruitment of the pediatrician came from feedback the hospital got from patients.  

In response to Mr. Ball’s request for an update on open heart surgery, Mr. Clement advised that the MetroWest Medical Center submitted an application about 18 months ago.  There were six applications in total and the DPH granted three permits to develop open-heart surgery.  He liked to think that MetroWest came in fourth and they continued to work very hard to ensure cardiac capabilities.  State approval was secured to begin providing preliminary angioplasty and they continued to put the building blocks in place.  He was optimistic that the state would grant another cycle and if they (state) did, he hoped MetroWest Medical would be successful.  

Given the economic times in nursing home use, Mr. Ciccariello inquired as to how the extended care unit was doing.  Mr. Clement didn’t have the statistics but his sense was that occupancy was 70-80%.  As inpatients recover often times they were moved to a SNIF unit, which made sense from both a care and a financial standpoint.  It works well for the unit to be at Leonard Morse Hospital given the growth of orthopedics and played an important role in post-operative care.  The short answer was that it didn’t make a lot of money but made a lot of sense clinically.  

Mr. Ciccariello inquired if the Leonard Morse Hospital held any free clinics and if not, would Mr. Clement consider doing so.  Mr. Clement advised that the Leonard Morse campus did not have free clinics in the same way they were offered at the Framingham campus, but he was open to anything.  He noted that the hospital cared for any patient who presents themselves to the emergency room irregardless of their ability to pay.  Free care is provided by medical staff irrespective of someone’s ability to pay.  Mr. Clement further noted that within the past three weeks a collaborative working with the Foundation and Great Brookfield that operates in Worcester submitted an application to the federal government for an operations grant, which was approved.  Great Brookfield was moving forward.  It will be in Framingham, but it will
bring into the larger MetroWest region federal resources and primary care services that don’t exist today.  He thought it was encouraging.

Mr. Lemnios asked Mr. Clement to talk about the importance of the hospital being in the black considering the hospital closures seen in Eastern Mass in the past 10 years.  Mr. Clement responded that when he began his career, hospitals almost never failed because of the reimbursement system, but the industry had undergone a fundamental change and it was very competitive and he had been told that this state had lost 25+ hospitals over the past decade.  If a hospital failed a community asset was lost and one element of the safety need was eroded.  It was a troubling picture that was emerging.  The failure of hospitals like Waltham indicated that there were major problems structurally in the reimbursement mechanism.  In his opinion hospitals were very precariously on the edge of not being adequate to meet the community needs particularly as the population ages.  It was imperative to operate in the black otherwise the hospital would cease to exist.

Mr. Ball heralded the Blood Donor Lab at the Framingham campus as a group that went unsung.  It was a terrific group, but a few days ago they said there was not enough staff to keep it open.  They were first rate and he felt an ‘at-a-girl’ should be put in their files.

ROBERT LAFRANCIOSE, DIRECTOR OF INFORMATION SERVICES:  UPDATE I-NET
Director of Information Services Robert LaFranciose reported that the fiber optic network connecting all the buildings was substantially completed a year ago.  It enabled the Town to run voice data and telephone communication.  He classified it as being 99% complete with three key issues having been completed: 1) getting Pegasus connected for live broadcast which Pegasus was doing tonight; 2) the high school; 3) Our T1 internet circuit.  RCN generally followed through and completed it this summer.  The remaining 1% was the gazebo, Bacon Free Library, and the old East School.  

ROBERT LAFRANCIOSE, DIRECTOR OF INFORMATION SERVICES:  UPDATE I-NET (contd)
Mr. Hughes noted that there was supposed to be substantial cost savings from telephone use and asked if that had come to fruition.  Mr. LaFranciose advised that it had and added that the telephone bill had dropped $5,000 a month or $40,000-50,000 per year.  The Town was on schedule to recoup the investment.  

Mr. Hughes then inquired as to the hold up on the last three locations.  Mr. LaFranciose explained that it was difficult getting to the location at the gazebo, RCN had spoken to some folks at the Bacon Free Library but he didn’t know if there was any follow through.  East Natick was important in order to hit some outlying sewer pumps.  Mr. Hughes requested a report on the status of the last three drops and what needs to be done to complete them.

JOHN CLANCY D/B/A METROWEST TRANSPORTATION CO:  LIMOUSINE/LIVERY LICENSE
John Clancy d/b/a MetroWest Transportation Co. of 19 East Evergreen Road told the Board that he had been working part-time as a limousine
driver, but the company recently went through a job change and didn’t want the vehicles any more.  He purchased a vehicle from the company and he was before the Board to apply for a license to operate a part-time limousine/livery service.  

In the application Mr. Clancy listed the vehicle as a 1999 Crown Victoria that would be parked in his home driveway.  Mr. Ball asked if the car would be indistinguishable from others.  Mr. Clancy advised that that was correct.

Mr. Ciccariello asked about advertising signs, and Mr. Clancy responded that he was doing this part-time and doing some contract work for some local companies.  There would be no signs on the car and no signs on the property.  He probably wouldn’t even have business cards made up.  Asked if he had a problem making the license conditioned upon there being no advertising on the premises, Mr. Clancy responded not at all.  

Mr. Ciccariello moved approval of granting John Clancy d/b/a MetroWest Transportation Company a limousine/livery license for premises at 19 East Evergreen Road conditioned upon no advertising being placed on the premises.  Seconded by Mr. Hughes and unanimously voted.

JOSEPH MARON:  REQUEST FOR ABATEMENT OF WATER BILL
The Board was in receipt of a request from Mrs. Joseph Maron of 19 Sylvester Road for an abatement of her August 1, 2003 water bill.  

Finance Director Robert Palmer explained that the request for an adjustment was for an outside sillcock leak that was not discharged directly into the sewer system.  The leak extended over two billing cycles and based on the Board’s past practice to allow a reduction in the excess charges for sewer usage, excluding the MWRA assessment, that were not discharged into the sewer, he recommended an abatement of $111.60.

Mr. Ball recalled that in the 2004 budget there was a reserve account within the enterprise fund, which would deal with abatements of the
MWRA portion.  Mr. Lemnios noted that the account itself was not established, but there was enough latitude to establish it.  Mr. Ball responded that his reaction was that the Board should be abating the MWRA charge, but he would solicit comments from his fellow Board members.

Mr. Ciccariello pointed out that it hadn’t been done in the past and if the Board was going to do it, he would prefer to discuss it with all five members present.

Mr. Hughes moved to table Mrs. Maron’s request until the Board discussed abatement of MWRA charges.  Seconded by Mr. Ciccariello and unanimously voted.  

If the Board was going to consider that kind of abatement, Mr. Hughes requested that Mr. Palmer supply those figures as well.  Mr. Palmer agreed to update his recommendation.

JOSEPH MARON:  REQUEST FOR ABATEMENT OF WATER BILL (contd)
Mr. Hughes noted that it was his understanding that the abatements were by giving a credit on the next water bill and the Town did not send checks.  Mr. Palmer advised that it would depend.  If an account changed and an abatement was authorized, a check would be issued, but normally the abatement was applied to future invoices.

Since the Board was asking for the additional time, Mr. Hughes moved that the accrual of interest be stopped.  Seconded by Mr. Ball and unanimously voted.

STEPHEN ALLISON:  REQUEST FOR ABATEMENT OF WATER BILL
On behalf of Joyce Bransma of 10 Dwight Avenue, Stephen Allison requested an adjustment of Ms. Bransma’s December 2002 and March 2003 water bills.  

Mr. Palmer explained that this was a case where there was a leaky toilet.  The leak was allowed to go on for a long time and leaked into the sewer.  Based on the practice of the Board, his recommendation was to not make an abatement at this time because it went into the sewer system.  

Mr. Ciccariello inquired if the bill had been paid, and Mr. Palmer advised that it had been.

No action was taken on this request.

The Board was in receipt of a letter from Stephane Crocher’s attorney requesting an abatement of the Crocher’s bill dated 6/4/03 for property at 3 Stonebridge Circle.  Attorney O’Connor indicated that the Crocher’s had relocated to France and received a final water bill of $3,097.53.

Mr. Palmer explained that this was a case where the outside meter was reading slower in comparison to the inside.  This was a final bill and indicated considerable use that had not been billed.  He had verified with the DPW that the final read in 1999 when the Crocher’s purchased the home had included a read of the inside meter.  He had no idea of when the usage took place.  Typically the use was 10,20 units and this bill was 300.  He recommended trying to reconstruct the account assuming that consumption was done equally.  The final read of 300 got into different tiers plus there had been several rate increases since 1999 (when the Crocher’s purchased the home), and he suggested recalculating the bills splitting it over the period to see if some adjustment should be made.  

Mr. Hughes inquired as to why the DPW meter reader didn’t get into the house in four years, and Mr. Palmer responded that from his experience,
with the exception of a problem, the DPW had not been doing those checks unless doing a meter change and that could be 15-20 years.  With the new billing meters the technology was better and the Board may want to change the strategy to every 3-5 years go in and read the meter.

Mr. Ball stated that he was troubled because the error between the inside and outside meter was 300 cubic feet and that averaged out to 22 hundred cubic feet.  That says that the outside was off by more than 50%.  Mr. Ball commented that he didn’t know how long the Crocher’s lived there, and Mr. Palmer responded that Stephane Crocher purchased the home in 1999.  He reiterated that when the home was purchased in 1999, there was an inside read taken.  Asked if there were just two occupants in the home, Mr. Palmer replied that he didn’t know.

Mr. Ball proposed tabling as there was something that wasn’t right.  He would like to look at consumption prior to the recalibration.  This was not a leak situation, and he would like to have an opportunity to look at prior consumption.  

Mr. Ciccariello suggested going back and looking at the records prior to these individuals buying the home.  See what the reading was on the final close out and compare to previous bills to see if there was any significant difference.  

Mr. Palmer stated that he would give the Board a copy of the billing history going back to 1991.  He added that the readings since 1999 of
STEPHANE CROCHER:  REQUEST FOR ABATEMENT OF WATER BILL (contd)
14-20 units was not unreasonable for a two-person household.  This (final bill average) would be a typical consumption of a four-person house.

On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to table to September 29, 2003.  

AMENDMENT/RESTATEMENT OF CAFETERIA PLAN/FLEX SPENDING
Mr. Lemnios advised that the resolution before the Board was a standard document that was required to be on file so employees can pay health insurance pre-tax.  The plan had not been approved by the Board of Selectmen in over ten years.  

Mr. Hughes, seconded by Mr. Ciccariello, moved to adopt the following resolution:

WHEREAS, The Board of Selectmen of the Town of Natick deems it to be in the best interest of its employees and officers to amend and restate its Cafeteria Plan under Section 125 of the Internal Revenue Code of 1986, as amended, be it

RESOLVED, that the Board of Selectmen hereby adopts and approves this Cafeteria Plan as amended and restated to become effective as of July 1, 2003 pursuant to the Adoption Agreement and Cafeteria Plan which are attached hereto;

RESOLVED FURTHER, that the Chairman of the Board of Selectmen of the Town of Natick shall have the authority to:

a.      execute this Adoption Agreement and Amended Cafeteria Plan, and other documents and agreements as may be necessary to implement the Plan;

b.      Appoint a plan administrator for such plan, and change such administrator from time to time with the advice and consent of the Board of Selectmen;

c.      Contract with Sentinel Benefits Group, Inc. to provide assistance to the administrator in establishing and maintaining such plan; and

RESOLVED FURTHER, that the Secretary of the Board of Selectmen is directed to enter a copy of this Adoption Agreement and this Cafeteria Plan, as amended, into the records of this Institution, and into the minutes of this meeting.

FALL TOWN MEETING ARTICLES
Mr. Hughes advised that the sponsor of Article 24, Joshua Ostroff, would like to go before the Finance Committee before coming before the
Board, and he (Mr. Hughes) would like to give Mr. Ostroff that opportunity.  Mr. Stern asked that Mr. Ostroff be invited to attend the meeting of September 29th.

Article 17 – Trash Pickup
On a motion by Mr. Ball, seconded by Mr. Hughes, the Board unanimously voted to oppose Article 17.  

Article 16 – Clubhouse Lane, Saddle Brook Road Sewer
As previously suggested by the Board, Mr. Lemnios reported that he spoke to the sponsors of the article and indicated to them that the Town would undertake the study.  He (Mr. Lemnios) thought the article would be no action.  Mr. Hughes moved that Town Meeting be informed that that was being done.  Seconded by Mr. Ciccariello and unanimously voted.

Articles 5&6 – Relining Water Main Union St., Summer St.,Pond Street & Updates to Town Forest & Broads Hill Water Storage Reservoir
Mr. Hughes inquired if the relining was going forward.  Mr. Lemnios advised that it was and the DPW would be seeking those funds from water & sewer.  


FALL TOWN MEETING ARTICLES (contd)
Mr. Hughes asked about the cost, and Mr. Lemnios proposed having the DPW come in and make a brief presentation on those articles.  

Article 14 – School Street Extension Improvement/Acceptance
Mr. Hughes inquired if there was a betterment cost and if the abutters were interested enough to pay the 75%.  Mr. Lemnios didn’t have the
dollar figure, but knew that the DPW was working with the abutters and it was his understanding that the majority of the residents on the street was in favor of the project.

Article 13 – Home Rule Petition Club Licenses Regulation Change
Mr. Hughes moved that the Board support Article 13.  Seconded by Mr. Ball and unanimously voted.

Article 8 – Collective Bargaining Settlements
Mr. Stern noted that the Board had taken a position on some of the collective bargaining settlements.  Mr. Ball pointed out that the operative word was some and he thought it would be premature to discuss any more.  Mr. Stern suggested that there be further discussion in two weeks.

For the next meeting, Mr. Hughes requested copies of the backup for Articles 1,2,3,7 and information on 4.  Mr. Lemnios advised that he hadn’t received the specifics from the Schools as yet for Article 4, but it was his understanding that the article was put in not as an actionable item, but to keep the need for capital improvements before
Town Meeting for their department.  

Article 20 – Acquisition of Land - Morency Street
To Mr. Hughes’ comment that it didn’t appear as though Article 20 was going forward, Mr. Lemnios responded that the Town has not heard that from the Framingham Board of Selectmen.

Article 22 – Amend Zoning By-Laws – Housing Overlay District
Mr. Hughes noted that he had asked that this be on the warrant and he intended to attend the Planning Board hearing.  The purpose of putting it on the warrant was to begin the discussion and get the process going.  This was a broad area of Town and there were a number of property owners.  He suggested asking that the article be referred to the Planning Board.

Article 25 – Home Rule Petition – Baby Safe Haven
On a motion by Mr. Ball, seconded by Mr. Hughes, the Board unanimously voted to support Article 25.

Article 12 – Free Cash To Reduce Tax Rate
Mr. Stern inquired if there was any interest in this article, and Mr. Hughes explained that the article was placed on every Fall Town Meeting
warrant in case free cash would be used to reduce the tax rate.  In this Town typically free cash was used to make one-time capital purchases.  He (Mr. Hughes) felt it was premature to take a position since the Town didn’t even have a certified number as of yet.  

Mr. Ball questioned if Mr. Lemnios was confident that free cash would be certified in advance of Town Meeting.  Mr. Lemnios’ response was, “yes”.  

Article 23 - Amend Town By-Laws – Use of Recreational Conveyances
Mr. Hughes asked if the Board wanted to take a position on Article 23 or invite Chief Mannix to make a presentation.  Mr. Lemnios reminded the Board that Chief Mannix was before the Board in August with a presentation and the Youth Advisory Board supported the placement of this article before Town Meeting.

Mr. Hughes moved to support Article 23.  Seconded by Mr. Ball and unanimously voted.

SEWER LICENSE AGREEMENT – HARRIS FOOTER
The Board was in receipt of a letter from Harris Footer of 16 Schaller Street, Wellesley, MA requesting permission to tie into the Natick sewer line.  He noted that his house was on the market and would not pass title 5 testing.  
SEWER LICENSE AGREEMENT – HARRIS FOOTER (contd)
Mr. Lemnios pointed out that this request was similar to others in the area and consistent with the grants most recently issued.  

Mr. Hughes stated that he thought the Board was going to do this in one big plan in one agreement that would cover all these situations.  Mr. Lemnios explained that the Town was still working with the Town of Wellesley to get an overall agreement in place.  There were many more homes in Wellesley that were connected than this area and that was the reason for the two year license.  Since July 1, 2003 Natick has been charging Wellesley the going sewer rate.  

Mr. Ball asked about the MWRA charges, and Mr. Lemnios replied that it was his understanding that the Town of Wellesley was being charged enough to fully recover Natick’s cost and a slight amount beyond that.

Mr. Hughes moved approval of entering into a license agreement with Harris Footer of 16 Schaller Street, Wellesley for Mr. Footer to tie into the Natick sewer system.  Seconded by Mr. Ball and unanimously voted.

SURPLUS PROPERTY – 56 EVERETT STREET
Mr. Lemnios explained that the 56 Everett Street property was a longstanding issue that had to do with the disposal of a piece of property in a 2000 Town Meeting vote.  He understood that at one point it almost got to the point of sale, but that fell through.  The question of whether it was a Furcolo lot was raised and Town Counsel began the review associated with the title and found that it can be built upon as a single family lot and that opinion was before the Board.  Were the Town to proceed with the disposal of the lot, it would probably require a new appraisal since the present one was dated at this point.  

Mr. Hughes moved to re-advertise the sale of 56 Everett Street after  receiving the appropriate reappraisal.  Seconded by Mr. Ball and unanimously voted.

Mr. Ball questioned if the approval included authorization to get an appraisal, and Mr. Lemnios offered to get an appraisal and bring it back to the Board.

NATIONAL GUARD ARMORY CLOSURE
The Board was in receipt of a letter from the Massachusetts National Guard advising that the East Central Street Armory was scheduled for closure as of December 31, 2003.

Mr. Lemnios advised that through Senator Jacques’ office he got some first-hand knowledge relative to the Armory.  The Armory was scheduled to close December 31, 2003 and the State has a disposal policy.  It was first offered to any state agency and if there was none that wanted it or no state use that was acceptable to the state, it was offered at fair market value.  Cities and towns as of late have not had the right of first refusal, and if the Town was interested in it, it would have to work through the State. If the Town was interested in the property, he would suggest forming a small re-use committee.

Mr. Stern asked about suggested uses, and Mr. Lemnios responded that he knew the Recreation Department was interested and he would think the Council on Aging would be as well.  He proposed that the committee consist of the following:  1-2 Selectmen, Recreation, Council on Aging, Community Development and the Administrator as staff.  

Mr. Stern stated that he wanted to add a few citizens-at-large and would also like to offer a spot to the Finance Committee as well.  Mr. Ball suggested having a Planning Board representative.

Mr. Ball felt that it was not too early to form the committee now and thought the sooner the better.  Mr. Lemnios noted that the Board could put in place the staff resources and appoint the Board’s representative tonight and advertise for citizens as quickly as possible.  It was Mr. Lemnios’ sense that the Town would need to move quickly as the process begins to pick up pace.

NATIONAL GUARD ARMORY CLOSURE (contd)
Mr. Ciccariello expressed the opinion that this was an important piece of property because it tied into the court and senior center and could be one contiguous property.  

Mr. Hughes moved that a request be made of the following Boards to submit the name of an individual to serve on the committee by September 29, 2003 and to advertise for two citizens:  Recreation, Council on Aging, Finance Committee, Planning Board, Board of Selectmen.  Seconded by Mr. Ball and unanimously voted.

Mr. Hughes then moved to appoint Mr. Ciccariello as the Board’s representative.  Seconded by Mr. Ball and unanimously voted.

On a motion by Mr. Ball, seconded by Mr. Hughes, the Board unanimously voted to appoint Mr. Ciccariello as chairman pro tem to call the first meeting.  

Mr. Hughes asked about the Speen Street National Guard site, but Mr. Lemnios advised that there had been no indication that that was going to be surplused.

If some state agency were to be interested, Mr. Ball questioned if the Town would have any say.  For instance if the state thought it would make a great toxic research center, would the Town have any input.  Mr. Lemnios wasn’t sure the Town would have veto power, but could contact the agencies involved and would have input through the state legislators.  Depending on the use, there could be permitting involved.  He thought one of the first orders of the committee would be to meet with representatives of DCAM who had jurisdiction over surplus property.

SCHEDULE STREET ACCEPTANCE HEARING
On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted its intention to make a layout for Carter Drive and Jacqueline Circle.  

Mr. Hughes then moved to schedule a public hearing for September 29, 2003 for the acceptance of Carter Drive and Jacqueline Circle.  Seconded by Mr. Ciccariello and unanimously voted.

The Board requested that Town Engineer Mark Coviello and Community Development Director Sarkis Sarkisian be in attendance at the hearing.

SELECTMEN’S CONCERNS
a.      Volunteer Recognition Dinner
Mr. Ball reminded the other members of the Board of the Volunteer Recognition Dinner being sponsored by the Council on Aging and the invitation to the Board to serve as bus boys.

b.      Dog Complaint
Mr. Ciccariello called attention to a letter in correspondence from Nancy Genera complaining about her dog being bitten by another neighborhood dog.  To Mr. Ciccariello the fact that the dog hadn’t bitten any children or humans was irrelevant.

In response to Mr. Hughes’ suggestion, Mr. Lemnios noted that the Dog Officer could be scheduled to make a report to the Board some time in October.

c.      Nuisance Complaint - Quimby
Mr. Ball noted that once again complaints were being received concerning the Quimby property at the corner of Terrane and Wethersfield Road.  The grass was 2-3 feet high and some years ago the Town required the gentleman to mow his lawn or the Town would do it and charge him because it was impossible to see into the intersection.  That was not the case at the moment, but it was terribly unsightly.  He questioned what someone was to do if in a neighborhood that was maintained there was someone that didn’t do so if there was not a violation of any health ordinance or fire ordinance.  

Absent the health or public safety violation, Mr. Lemnios advised that it could be looked at to see if it rises to a standard of public
SELECTMEN’S CONCERNS (contd)
nuisance, but that was difficult to meet.  Perhaps the neighbors need to figure out a way to accomplish it assuming the individual wants it done and can’t get it done.  

Mr. Ball noted that he planned to talk to some of the neighbors and see if they would offer to mow his lawn.

d.      Early Retirement Incentive
Having received a number of letters, Mr. Hughes suggested that the Board accommodate the employees and place a discussion of the early retirement incentive on the October 14 agenda.  

Mr. Stern pointed out that Mr. McKinley would not be at the October 14th meeting and perhaps it should be scheduled for the following meeting.  Mr. Lemnios pointed out that when it was discussed a year ago, he needed time to assemble data.  Mr. Hughes agreed to have it scheduled for whenever it was convenient.

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

                                                
                                        ______________________
                                        Jay H. Ball, Clerk

    





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