BOARD OF SELECTMEN
Natick Town Hall
July 14, 2008
6:00 p.m.
The meeting was called to order by the Vice-Chair Joshua Ostroff at 6:04 p.m.
PRESENT: Joshua Ostroff, Carol A. Gloff, John Connolly. Absent: John Ciccariello, Kristine Van Amsterdam
ALSO PRESENT: Martha White, Town Administrator; Donna Challis, Secretary
EXECUTIVE SESSION
Ms. Gloff, seconded by Mr. Connolly, moved to enter into executive session to discuss matters pertaining to litigation. By roll call vote the motion passed on a 3-0-0 vote. At 6:05 p.m. the Board entered into executive session after announcing that the meeting would return to open session.
WARRANTS: Payroll warrants were signed by the Board of Selectmen on July 14, 2008 in the amount of $649,476.27. This figure was included in total warrants signed by the Board of Selectmen of $5,087.145.76.
The open session was reconvened at 7:20 p.m.
ANNOUNCEMENTS
a. Members’ Absence
Mr. Ostroff advised that Mr. Ciccariello had a minor injury and couldn’t be here tonight and Ms. Van Amsterdam was out-of-town. In Mr. Ciccariello’s absence, he (Mr. Ostroff) would be acting as Chair for tonight’s meeting.
b. Affordable Housing Session
Ms. Gloff noted that there had been a number of lotteries for affordable housing. There were still properties available and in an effort to get more of that information out to the public, an information session would be held on July 24, 3:00 p.m., Town Hall. The meeting was open to the public, but the focus was on getting service providers to attend so they can distribute the information to their groups. At the meeting will be representatives who will describe the units now available and what will be available and the qualifications needed.
On July 29 at 7:00 p.m. in Town Hall there will be an information session targeted to individuals interested in purchasing or renting one of these units.
Mr. Ostroff inquired if the notice of these meetings would be posted on the web site and Ms. Gloff advised that it would be.
INTERVIEW FOR APPOINTMENT TO THE BICYCLE & PEDESTRIAN ADVISORY COMMITTEE
a. J.P. Parnas
J.P. Parnas told the Board he was a placeCityNatick resident for 13-14 years, but had grown up in placeCityNewton so was familiar with the area. He has been an architect for 16 years doing both residential and commercial work with a lot of institutional work. He was familiar with historic preservation work and felt he had an obligation to have his skills available for public use and thought the Historic District Commission would be a good use. Although he hadn’t specifically done historic preservation, he reviewed plans for projects and did plan review work in various capacities. Some years ago he was on the Commission on Disability.
There was another interested applicant coming in on July 28, and Mr. Ostroff inquired if Mr. Parnas would be averse to serving on the Historical Commission. Mr. Parnas said he would not. He understood the working of the Historic District Commission but was not sure about the Historical Commission.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to table to July 28.
INTERVIEW FOR APPOINTMENT TO THE BICYCLE & PEDESTRIAN ADVISORY COMMITTEE
a. Harlee Strauss
Harlee Strauss had informed the office that she would not be available tonight.
It was noted there were three applicants for two positions – Jill Miller, Ken DelPapa, Cheryl Byrne. The Board decided to proceed with the appointment and by paper ballot voted to reappoint Ken DelPapa and Jill Miller to the Bicycle & Pedestrian Advisory Committee.
Mr. Ostroff voted for Ms. Miller and Mr. DelPapa
Ms. Gloff voted for Ms. Miller and Mr. DelPapa
Mr. Connolly voted for Ms. Miller and Mr. DelPapa
INTERVIEW FOR APPOINTMENT TO THE COCHITUATE RAIL TRAIL TASK FORCE:
a. Harlee Strauss
Harless Strauss had informed the office that she would not be available tonight.
PUBLIC HEARING: AMEND TAXI FARES – SENIOR CITIZEN DISCOUNT
On a motion by Mr. Connolly, seconded by Ms. Gloff, the Board unanimously voted to open the public hearing.
Deputy Town Administrator Michael Young referred to three pieces of information in the packets. One was a memo from Town Counsel in July 2006 in regard to changes in taxi cab fares advising that should the Board choose to make adjustments to taxi fares the Board would need to hold a public hearing. Another was a recommendation from staff in regard to senior discounts. There was a meeting with one company and have since met with the other to lay out framework for a senior citizen discount.
Mr. Young noted that currently the Town operates a voucher program through the Council on Aging. About 120 individuals use the program and it was regulated by the Director. Vouchers can be used to assist residents in paying the fares, but could not be used to get to and from work.
Also included in the packet was a survey of surrounding communities.
Mr. Young informed the Board that the recommendation was to implement a two prong approach – a trial phase and a permanent phase. The policy would be inclusive of any senior over 60 or someone physically disabled. That was the same allowance for the voucher program and for the trial phase that would be done by waiving the fuel surcharge just voted on June 16. The recommendation was to waive the fuel surcharge because both companies have had their meters sealed and to change them would require recalibration. The surcharge was an addition to the fairs that could simply be waived. It was further recommended that staff and the taxi companies monitor and get back to the Board in about nine months to see if it works and if it does allow the companies to program in the rates.
With respect to people with disabilities, Director of Council on Aging and Human Services Moira Munns recommended that it include people with development or cognitive disability.
Mr. Connolly inquired if the recommendation had been run by both cab companies and Mr. Young advised that it had. He (Mr. Young) felt everyone was of the belief this was a good first step in a trial phase and was not placing a burden on the operators.
Mr. Connolly applauded Ms. McFarland (of Natick Cab) and Mr. Kelley (of JFK Transportation) for their efforts, commenting that he would like to see more but would take what he could get and review it in May.
Mr. Ostroff inquired as to what someone would have to do to get the discount and Mr. Young responded that it was his understanding that if someone were to ask for the discount, the drivers could waive the fuel surcharge. They would have to rely on the operators for how that was done.
Mr. Ostroff expressed concern that even with a sign there was still discretion by the operator and he would suggest any concerns or problems be reported. It was unusual to have a policy that doesn’t require some kind of proof and he thought there was a need for some training.
Tim Kelley of JFK Transportation asked if the cab companies should post something in the vehicles that described there was a 10% discount allowed. He presumed placeCityNatick Cab would be checking ID’s but if someone asked for the discount he would just give it.
Mr. Ostroff clarified that it was not 10%, but a waiver of the fuel charge. Mr. Ostroff questioned if posting the waiver was part of the proposal, but Mr. Young advised that it wasn’t explicitly. The litmus test was discussed in regard to this. Anyone going through Town resources (for vouchers) would be known and for someone just getting into a cab, it was felt it should be kept in the hands of the operator’s discretion. Posting could be done but Lieutenant Lauzon hadn’t been consulted.
Asked if the fuel surcharge would be posted in the cab, Mr. Young advised that it would. Mr. Ostroff thought it seemed appropriate to have some kind of posting.
Ms. McFarland advised that Natick Cab did some work with the Town of Natick in which they billed the Town for service and was it possible for them to have permission to offer a full 10% off of that. There were problems with seniors on the bus route not getting any coupons but having a hard time getting on the bus. Maybe the issue could be revisited sooner than May. Natick Cab would like to implement 10% off the Town billing sooner than May.
Mr. Ostroff inquired as to how the fact the meters were sealed relate to accounts that were billed. Ms. McFarland responded that the sealed meter would have to be recalibrated and resealed, but if billing the Town they would have the meter read by the person doing the billing for the company and they would simply take the 10% off.
To Mr. Ostroff’s remark that the meters were necessarily being used in the billing, Ms. McFarland responded if Natick Cab was doing something for the Town they would run the rate as normal and then bill the Town and they could easily
take off the 10%. The fuel surcharge was a good start but she would like to roll the ball a little further.
Mr. Connolly thought that was wonderful, but pointed out that it aides the Town but not the individual resident. Ms. McFarland saw Mr. Connolly’s point, and reiterated that what was being proposed was a good effort, but didn’t think May 2009 was early enough. She would suggest a review in six months.
Ms. Gloff didn’t think the Board had to decide tonight if it should be looked at again in December or May, but the Board needed to decide what to do as a first step and sort out the review time when the other members were here. She then inquired as to the circumstances for a direct bill, and Ms. Munns responded that on the direct billing rather than 10%, she would suggest that the fuel charge be waived.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to close the public hearing.
Ms. Gloff moved to implement a senior and disabled discount which would consist of waiving the fuel surcharge for individuals who are 60 years or greater or have a disability. Mr. Ostroff proposed an amendment that the availability of such a discount be posted in the cabs. Ms. Gloff as the maker of the motion accepted the amendment with input from Lieutenant Lauzon on the posting. Seconded by Mr. Connolly.
Prior to the vote, Mr. Kelley inquired as to when the discount would take place. If it needs to be posted, Ms. Gloff wasn’t sure how long it would take to get it posted. Mr. Kelley thought a couple of weeks. The Board established August 1, 2008 as the effective date. Unanimously voted.
Mr. Ostroff thanked Ms. Munns and the taxi cabs, noting that it would be reviewed no later than May.
Mr. Ostroff noted that the Board had recently voted on a taxi stand signage location and subsequent to that Mr. Kelley and he went to inspect and he thought the Safety Committee would be looking at having an additional marked stand at the train station.
APPLICATION FOR TRANSFER OF (6) TAXI LICENSES FROM placeCityNATICK CAB TO JAMMS AUTO CORP – DAVID STONE
Before the Board was an application for the transfer of six (6) taxi licenses from Natick Cab to Jamms Auto Corporation, David Stoner, owner, for premises at 18 North Main Street.
Mr. Stone told the Board that he had been working in Natick for the last 20 years in the taxi and automotive business and had been working with the Paul’s of Natick Cab for awhile looking to take over the company.
Mr. Ostroff noted the request for two additional licenses and didn’t know if it was within the Board’s capability. Ms. Challis explained that Natick Cab would need to have the cars so they could be inspected.
A motion was made by Ms. Gloff, seconded by Mr. Connolly, to transfer six taxi licenses from Natick Cab to Jamms Auto Corporation d/b/a Natick Cab and issue licenses for the following vehicles:
2000 Ford Taurus, Registration TA21690
2002 Mercury Sable, Registration TA12379
1999 Ford Taurus, Registration TA12731
1997 Ford Crown placeStateVictoria, Registration TA12234
1997 Buick LeSabre, Registration TA12679
1997 Ford Taurus, Registration TA7990
Seconded by Mr. Connolly and unanimously voted
Mr. Ostroff recognized the Paul Family who had done business for 40 years serving Natick.
LAMPARA, INC. d/b/a SKIPJACK’S: PETITION FOR CHANGE IN MANAGER
The Board was in receipt of a petition from SLLP IV, LLC d/b/a Skipjack’s for a change in manager from Peter Dowd to Donald Maines II.
Donald Maines told the Board that he had been working in the restaurant business for 28 years.
Mr. Ostroff inquired if he was familiar with Natick Rules & Regs concerning the sale and service of alcohol. Mr. Maines indicated that he was and knew they differed a little from other towns he had worked in. Mr. Ostroff noted that generally the service of alcohol was incidental to the service of food and Mr. Maines responded that Skipjack’s guest generally come in to dine and have a drink. They (Skipjack’s) focused their attention on dining and an enjoyable evening out.
On a motion by Mr. Connolly, seconded by Ms. Gloff, the Board unanimously voted to approve Skipjack’s petition for a change in manager from Peter G. Dowd to Donald Maines, II.
COMMUNITY DEVELOPMENT DIRECTOR: AWARED (2) MORE GRANT CONTRACTS FOR ROUTE 9 ROADWAY IMPROVEMENTS
Community Development Director Patrick Reffett advised that the selection of two consultant teams had been made as part of the Mass Office for Relocation and Expansion (MORE) grant. One was for the Oak Street/Route 9 redesign and the other for Route 27/Route 9 redesign. Pursuant to MGL the projects were advertised and the responses were then evaluated by a selection team. For the Oak/Route 9 project, the recommendation was to award the contract to Green International Affiliates, Inc. in the amount of $513,500.00 and assisted by Earth Tech. This was 100% design of the intersection and was somewhat tethered to The MathWorks projects. It was an approach to make the State look at how to make Route 9 work better.
Mr. Reffett continued that Route 9/27 was a conceptual design. The project had been advertised in the same fashion as the Oak/9 and the evaluation team selected Beta at $78,000. He was requesting authorization to pursue contracts with both.
Ms. Gloff inquired if there were adequate funds in the grant to cover the $513,500 for the 100% design of the Oak/9 intersection. Mr. Reffett advised there were sufficient funds. The grant allowed for $600,000.
Ms. Gloff recalled at one point in the discussion of the redesign a possible redesign of the Overbrook Terrace was discussed. Was that included? Mr. Reffett advised that it did, adding that the Town was working with placeCityWellesley and would integrate their concerns into the design of the intersection. Wellesley has a fairly substantial development near that location.
It was Ms. Gloff’s understanding that the Board was not required to take the low bid. Mr. Reffett confirmed that as correct and explained there was an advertisement for qualifications. The qualifications proposal was separate from the fee. The fee wasn’t reviewed until after the ranking of qualifications.
With the 100% redesign of the Oak/9 intersection, Ms. Gloff presumed the next step was to reconstruct and that assumed the money was available. Mr. Reffett noted that Congressman Markey’s office had been instrumental in obtaining an ear mark of $1.4 million which was still with the State and the intent was for 100% to be used for that intersection. That provides this project (Oak/9) with a leg up on every other project that has zero.
Having participated in several meetings on this intersection when she served as Chair of the Board, her impression from the Town’s four legislators was they all expressed strong support.
Mr. Connolly noticed John Digacomo listed as the engineer, not Town Engineer Mark Coviello and questioned why. Mr. Reffett responded that Mr. Coviello’s work load and vacation coincided in a way that didn’t allow for him to be part of the process.
Mr. Connolly didn’t understand MathWorks involvement, and Mr. Reffett explained that the Planning Board had been instrumental in asserting to the State that for the MathWorks project to take place it had to get a bonus provision and to get the bonus the project had to not negatively impact surrounding neighborhoods. Because of where the project was and the affect on neighboring roads, the Planning Board asserted that it was important to improve the road (Route 9) for it not to impact the neighborhoods.
If the Board said no to this (contract), Mr. Connolly asked if that meant the MathWorks expansion was stopped. Mr. Reffett responded that if the intersections weren’t improved in a substantial way there would be some major negative impacts. MathWorks was separately improving on their own dime other neighborhood improvement projects that improve regional and local traffic. He (Mr. Reffett) saw this as a real opportunity to promote economic development, project neighborhoods, and make significant improvements to the regional traffic.
Mr. Connolly commented on the re-opening of the cut at the sunkaway, and Mr. Reffett noted there would be a u-turn with full lighting and warning signs. That wasn’t the case before. It didn’t have lighting and didn’t have advance signage. The new turn will help accommodate a lot of MathWorks employees and businesses through that section of Route 9. The MathWorks project was a significant improvement to the Town’s commercial tax base.
Mr. Connolly inquired as to who was funding the reopening of the turn and was told by Mr. Reffett that it was MathWorks exclusively.
Mr. Connolly noted there had been fatalities there in the past and Mr. Reffett acknowledged that to be the case, but an evaluation was done of how and why those accidents took place, and the Town was resolute in making sure that wasn’t how it was going to be done this time. The correct signage was needed as well as lighting and marking. He felt there was the benefit of past failures that have given us a better ability to understand how this could be done.
Although he supported this, Mr. Connolly said he was concerned about the u-turn being opened again and asked if Mass Highway was on board. Mr. Reffett advised that Mass Highway suggested it. This was a way to improve the intersection that was cost effective, safe, and got people where they need to go more fluidly.
Mr. Connolly re-emphasized the safety aspect and Ms. Gloff responded that there was not a traffic light there previously. There will be a traffic light of the westbound traffic that will be timed with the Oak Street intersection. Mr. Reffett added that the signal would also be timed with Overbrook.
Mr. Connolly asked if Beta had bid on the Oak/9 contract. Mr. Reffett advised that Beta did not provide a proposal for Oak/9.
Mr. Ostroff inquired as to the timing for the project at the sunkaway. He assumed it was contingent on the vote of the Planning Board. Mr. Reffett noted that in order for MathWorks to attain a permit from Mass Highway they had to do the sunkaway. Mr. Ostroff believed that could be timed for construction independent of the improvements at Oak and Mr. Reffett confirmed that was correct.
Again Mr. Ostroff asked about the time table and Mr. Reffett replied that the Oak/9 design process would take approximately one year. Because the Route 27/9 project was only a 25% design phase, it would probably be 6-7 months.
In follow-up Mr. Ostroff inquired as to how the intersection at Route 9/27 overlapped with other design work from Natick Center to Cochituate. Mr. Reffett noted that a redesign of North Main Street was not out to bid yet, but it would be at some future date very soon. How it would inter-relate he couldn’t say because it wasn’t yet out. Ms. White believed the RFP was just about to hit the streets.
Mr. Ostroff questioned if that (North Main Street) design would be under way during the design of the Route 9/27 intersection. Mr. Reffett advised there would be some overlap. The Route 9/27 intersection was exclusively within the Mass Highway right-of-way. The rest was exclusively the Town right-of-way.
Asked to characterize the public input process, Mr. Reffett said he expected there would be 2-3 public hearings, maybe more, as part of the Oak/9 intersection.
Mr. Ostroff then asked under whose direction this proceeded and was told by Mr. Reffett that the contract for the MORE grant was with the Town. It was the Board of Selectmen and administration.
A motion was made by Ms. Gloff to award the contract for the design of the Oak/Route 9 intersection to Green International Affiliates, Inc. in the amount of $513,500. Seconded by Mr. Connolly and unanimously voted.
A motion was made by Ms. Gloff to award the contract for initial design of the Route 9/27 intersection to Beta Group, Inc. in an amount not to exceed $78,000.
Mr. Ostroff inquired as to when the 9/27 project would move to 100%. Mr. Reffett noted there was $600,000 as part of the MORE grant for the next step, but that wouldn’t be enough money to do a full redesign. Asked if unexpended funds from Oak/9 could be used, Mr. Reffett advised it would be a matter of approval from the MORE people.
SURPLUS TRASH PACKERS
Ms. White reported that the three new trash packers were being used and the Board was being asked to surplus the three packers and a Recreation Taurus station wagon. She pointed out that the memo in the packet covered more than the Board was being asked to vote, but she had asked the DPW Director to explain what was done with surplused equipment and explain how innovative the Equipment Maintenance Division had been in getting the most out of the equipment.
Equipment Maintenance has swapped bodies and chassis on a number of trucks saving the Town substantial money and whenever new vehicles were purchased, every attempt was made to dispose of the old vehicle in the best interests of the Town.
Mr. Connolly recalled that a neighborhood bus had been named in honor of Linda Saulnier and the hope was that would remain. Ms. White had explained to him that effort would continue and the Recreation Department would continue to run that bus. He thanked Ms. White and Equipment Maintenance Supervisor Tom Collins.
Mr. Ostroff applauded the creativity and resourcefulness of the DPW.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to surplus the following three rubbish packers and a Recreation Taurus station wagon:
Truck 51 4V2RCBF4LU505222
Truck 33 4V2RCBCF2LU505221
Truck 37 1L9AU6AB5YK006365
Rec 1 1FAFP58U3XA19183
MIDDLESEX GAAGE DESIGN: DRAFT RFP
Mr. Ostroff noted this was a draft the Town Administrator was requested to put on tonight’s agenda that would be funded by using unexpended funds from 2006. The Board received several proposals for a garage to be built on Middlesex Avenue. That proposal was shelved, but consideration was being given to do design work for a project that may not necessarily be built by the Town, but a public private partnership. This was a draft RFP and he would want the Board to approve contingent on Mr. Ciccariello having an opportunity to review it.
Mr. White advised that she spoke with Mr. Ciccariello before the meeting and he was hopeful to have the opportunity to weigh in on it. She thanked the Deputy Town Administrator Michael Young for preparing the RFP and asked the Board for their comments, noting that she would propose to bring it back to the next meeting.
Mr. Ostroff felt the RFP seemed to predispose a design with three access points and noted it was looking for a rough design, but pretty hard costs. Ms. White responded that it was looking for a schematic design.
Asked if Town Counsel had seen the RFP, Ms. White didn’t believe he had.
Mr. Ostroff then asked about the eight week turnaround. Ms. White thought that was realistic. It was a conceptual design which was very preliminary.
Mr. Ostroff questioned the propriety of having Natick Center Associates review, but Ms. White pointed out it was a public document and she envisioned their (Natick Center Associates) involvement after the design people were on board.
Mr. Ostroff suggested the possibility to authorizing the issuance of an RFP subject to review by Mr. Ciccariello, but Ms. Gloff thought the Board should be voting as a group and moved to table to July 28. Seconded by Mr. Ostroff and unanimously voted.
Mr. Connolly asked about the source of funding and Ms. White responded that the funds were available from a prior project on the Middlesex Garage sight. The amount was $28,000 and the expectation was that this contract wouldn’t cost that amount.
ELIOT SCHOOL: DRAFT RFP FOR SHORT-TERM LEASE
Ms. White noted this was a similar situation to the Middlesex Garage but it wasn’t ready for prime time. This would be an interim measure. The current tenant needs a two year window to relocate if necessary. The Board intends to issue a long-term lease or sale, but that won’t happen until the legislature authorizes the long-term lease. The current tenant’s lease expires in 2010 and absent any other action they (Eliot Montessori) would have to be doing a relocation plan now.
Ms. White continued that there had been talk about issuing an RFP for a short-term lease as under state law the Board couldn’t simply extend Eliot Montessori’s lease. The way the RFP was designed was for a one year lease with the option of two one year extensions which would give the flexibility needed. She has met with the current tenant and it was not unrealistic to think the current tenant would be the only bidder. They (Eliot Montessori) think this option would help them to plan for the future.
Ms. White noted that in the packet was a draft lease for the property which would be attached to the RFP. The lease has been approved by Town Counsel and reflective of his comments. It was almost identical to the current lease with one difference – the cost of utilities would be paid by the tenant. Under the current lease the Town paid the utilities. The missing piece was on the capital needs of the building. She talked to the tenant and the Town’s Building Maintenance Supervisor and both were in agreement that at a minimum there was a need to look at an upgrade of the heating system. Everybody agrees the windows need to be replaced but no one wants to do that short-term. Mr. Lovett (Building Maintenance Supervisor) was working with the Montessori School to identify specifically what
needs to be done through June and what costs were anticipated and through the lease those would be identified and those costs divvied up.
Ms. White said she was looking for the Board’s comments and expected it to be ready for July 28.
Mr. Connolly commented that a lot of citizens he spoke to would love to see the Montessori School stay there but many thought the Town needed more money. It sounded like the utility payments were moving in the right direction.
Mr. Ostroff suggested tabling until July 28 and during that time the members could provide feedback to the Town Administrator.
Ms. White noted that if the RFP were voted on July 28 it would be ready to be issued right after. She didn’t envision somebody wanting to move into this property on a one year basis and thought the turnaround would be about 30 days. Anybody submitting a proposal would be required to define their intended use of the building and demonstrate a financial ability. It was an evaluative process.
Mr. Ostroff thought it would be helpful to understand who would be making a recommendation to the Board. Ms. White noted that in the RFP she had indicated there would be a committee.
ACCEPTANCE OF DISCLOSURE: COCHITUATE RAIL TRAIL MEMBER
Having been appointed to the Cochituate Rail Trail Task Force, Janice Henderson filed a disclosure of financial interest form citing that she lived at 34 North Main Street which was approximately 300 feet from the CRT. Mr. Ostroff noted that the Board had considered a similar request from the Cochituate Rail Trail Chair.
A motion was made by Ms. Gloff, seconded by Mr. Ostroff, to accept the disclosure by Janice Henderson and to determine that the interest was not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect. The motion passed on a 2-1-0 vote. Mr. Ostroff and Ms. Gloff voted in favor of the motion. Mr. Connolly was opposed.
Mr. Connolly felt it was ridiculous and over the top for someone to have to file a disclosure because of 300 feet. He was voting against it.
Mr. Ostroff pointed out that this was a case where someone helped protect themselves by making this disclosure.
REAPPOINTMENTS
a. Recycling Committee
Ms. Gloff moved the reappointment of Dianna Magnoni to the Recycling Committee. Seconded by Mr. Ostroff and unanimously voted.
b. Cochituate Rail Trail
The Board was presented with a list of current members.
An e-mail had been received from Mel Albert of the Bicycle & Pedestrian Advisory Committee stating that if the Board chose to replace A. Richard Miller as the Bicycle & Pedestrian Advisory Committee’s representative, he would be willing to serve. Ms. Gloff suggested going back to the Committee and asking them who they would like for their appointee. Plus there was a need to determine from the Planning Board their ability to make an appointment and the same with the Finance Committee. In addition Harlee Strauss had submitted an application, but had not been available for an interview the last two meetings. For all of those reasons, Ms. Gloff suggested letting the appointments/reappointments of the CRT continue.
Mr. Ostroff noted there were four at large members and four alternatives. (two of the at large members didn’t wish to be reappointed and two of the alternates didn’t wish to be reappointed and on 6/30/08 the Board appointed Janice Henderson to the CRT). He didn’t think it was a problem for 5 at large members and if Ms. Strauss wanted to approach one of the other boards as their designee, that wouldn’t be a problem.
A motion was made by Mr. Ostroff, seconded by Mr. Connolly, to confirm the appointment of Evan Pagliuca as the Conservation Commission’s representative to the Cochituate Rail Trail Task Force and the reappointment of John Griffith as the Recreation & Parks Commission’s representative. Unanimously voted.
A motion was made by Ms. Gloff to confirm the appointment of Mr. Ostroff as the Board of Selectmen’s representative to the CRT Task Force. Seconded by Mr. Connolly and unanimously voted.
Mr. Ostroff noted that the Town Administrator or designee was also a member of the task force and he didn’t know if that required a vote of reappointment. Ms. White noted that she had talked to Patrick Reffett, Community Development Director, about whether he wanted to keep this effort under his realm. Mr. Ostroff pointed out that Mr. Reffett was an ex-officio member already. When asked if the Town Administrator wanted to continue, Ms. White wondered if two staff people were needed.
Mr. Ostroff reiterated his recommendation to appointment the four members who requested reappointment making the at large composition five. Ms. Gloff wanted to think about it. This was already a big task force and now the Board was talking about expanding it by one member. Mr. Ostroff pointed out that it was actually reducing the membership by three, but Ms. Gloff countered that those three were alternates.
Mr. Ostroff advised there was a meeting of the Task Force on Wednesday and people were eager to know their status. Ms. Gloff still wanted to table to the next meeting and suggested the message be sent to the individuals that it was unlikely they would not be reappointed.
A motion was made by Mr. Ostroff, seconded by Ms. Gloff, to confirm that the existing members would serve until they were replaced and in the meantime they were allowed to meet and vote. Unanimously voted.
C. Constable – Special Municipal Employee
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to designate Constables as Special Municipal Employees.
VERIZON: AUTHORIZATION TO RELEASE PEG FUNDS
Ms. White noted that Finance Director Robert Palmer had outlined a few options with respect to the Verizon franchise fees. Customarily that fee was released to Natick Pegasus, but the contract was silent on how much was released. One option was to be consistent with another contract in which 10% of the fee was maintained to offset administrative costs and legal expenses. That was Option A and that would be her recommendation.
Option B would be to release 100% of the funds and Option C was for the Board to determine another amount.
Ms. White further noted that it would be easier administratively if the Board might vote this as a policy and in the future the Town would take the 10% and send the rest to placeCityNatick Pegasus.
Mr. Ostroff asked if Natick Pegasus had weighed in, but Ms. White advised that it hadn’t been passed by that board.
A motion was made by Mr. Connolly to release $19,915.70 in cable franchise fees paid by Verizon to Natick Pegasus. This represents 90% of the $11,128.56 paid by Verizon for the period 1/1/08-3/31/08. Seconded by Ms. Gloff and unanimously voted.
With respect to establishing a policy of releasing 90%, Mr. Connolly said he was hesitant to do that without a full Board. Ms. Gloff agreed.
FALL TOWN MEETING WARRANT
The Board announced that Fall Town Meeting would be held on Tuesday, October 21, 2008 with the warrant closing at 5:00 p.m. August 22, 2008.
MINUTES
As there was not a quorum present who had attend the January 28th meeting, the Board agreed to table approval of the minutes of the January 28th meeting to the next meeting.
BOSTON MARATHON JIMMY FUND WALK: PERMIT
The Board was in receipt of a request to hold the annual Boston Marathon Jimmy Fund Walk through Natick on September 21, 2008. In an e-mail to the Board Lieutenant Lauzon, Safety Officer, recommended approval with the following comments:
1) They have a target date established for picking up all their signage. Last year there were a lot of signs left out, especially around Walcott Square; 2) As in past years a minimum of four detail officers supplemented with officers on duty would be required; 3) The event organizers contact him in advance so as to make arrangements for a safe event.
Mr. Connolly moved approval conditioned upon compliance with Lieutenant Lauzon’s comments. Seconded by Ms. Gloff and unanimously voted.
OVATIONS FOR THE CURE: REQUEST BANNER
Ms. Gloff moved approval of Ovations for the Cure’s request to hang a banner across Main Street for the period of September 17-September 22, 2008 in advertisement of the Jimmy Fund Walk. Seconded by Mr. Connolly and unanimously voted.
TOWN ADMINISTRATOR NOTES
a. Natick Collection Audit
Ms. White noted that the administration had been working towards retaining an audit firm to look at the permit fees paid by the Natick Collection to ensure the amount received was all that it was supposed to be under the law. The intent was to do an audit but now she had come to feel it would be best for an attorney who has been identified as an expert in building permits to perform this audit. Legal services were not subject to the procurement process. The recommendation was to hire Attorney Paul J. Moriarity of Norwell, MA. Mr. Moriarity was willing to start the project right away.
Asked about funding, Ms. White responded that an account had been identified.
Mr. Connolly asked about Mr. Moriarity’s background and Ms. White advised that Town Counsel’s firm of Murphy, Hesse, Toomey & Lehane was familiar with him. He (Mr. Moriarity) was recommended by Attorney David DeLuca of MHTL. He (Mr. Moriarity) was one of the preeminent attorneys in building matters.
Mr. Connolly then questioned if it was at a point where the Town had to get an attorney involved, but Ms. White wasn’t comfortable answering that question. In follow-up Mr. Connolly asked if there was some discrepancy between the Mall had
paid and what they believed they should have paid. Ms. White responded that there were some areas in the fees in which the Mall was claiming some exclusions and the Town disagreed. Mr. Connolly said he too disagreed and was of the opinion the Mall was playing games and taking advantage.
Mr. Connolly moved to pull the placeCityNatick Collection’s occupancy permit. Mr. Ostroff seconded for discussion. After some discussion on the hiring of special counsel the motion failed on 1-2-0 vote. Mr. Connolly voted in favor of the motion. Mr. Ostroff and Ms. Gloff were opposed.
In recommending special counsel, Mr. Ostroff asked if it was Ms. White’s recommendation that the Town would get faster results of greater benefit in hiring special counsel as opposed to hiring an independent auditor. Ms. White believed the results would be faster and more comprehensive with special counsel.
Mr. Ostroff recalled the Board having voted to hire an auditor, but Ms. White didn’t think the vote had been that explicit and it appeared this direction (special counsel) would be the most expeditious. It was Ms. Gloff’s recollection the Board was looking to have an audit done but she didn’t think it had been specified that it should be an auditor.
Mr. Ostroff inquired as to the timing and Ms. White responded that it would be a monumental task. The person hired would need to look at all the contracts which would be extensive and it could be time consuming.
Mr. Connolly was of the opinion the Mall was thumbing their noses at the Town and hiring someone meant more money paid to get money owed to us. The Mall was playing games and he thought they (Natick Collection) should be held accountable.
Ms. Gloff questioned if there was any legal basis for pulling their occupancy permit. Ms. White referred to a memo from Attorney Moriarity stating that determination of what the fees should have been was not a basis for withholding an occupancy permit. It was directly related to complying with the construction laws.
Mr. Connolly questioned if the occupancy permit had been signed, sealed and delivered by everybody. Ms. White advised that it had been. The workmanship had been approved by everybody.
Mr. Ostroff pointed out that should this attorney be engaged he may find some reason to address the occupancy permit, but Ms. Gloff noted that as she saw the concept of retaining someone like Attorney Moriarity was to determine the basis for whether additional fees were owed.
A motion was made by Ms. Gloff to retain Attorney Paul Moriarity as special counsel for purposes of reviewing the permit fees paid by the Natick Collection to see if any additional fees due to the Town. Seconded by Mr. Ostroff. The motion passed on a 2-1-0 vote. Mr. Ostroff, Ms. Gloff voted in favor of the motion. Mr. Connolly was opposed.
In discussion of the motion Mr. Connolly again expressed his dismay at spending more money to get money from that Mall that was already owed to the Town.
Mr. Ostroff responded that he envisioned the dividend would be much greater than the outlay.
Ms. White didn’t have a sense of the magnitude and didn’t have a sense of the cost, but a strategy would be worked out with Attorney Moriarity.
Mr. Ostroff wanted to make sure it was within a certain budget and would like Ms. White to come back. Ms. White said she would come back to the Board with a more definitive outline of the plan.
b. State Budget & Affected Natick Programs after the Governor’s Veto
Ms. White informed the Board that the Governor signed the budget and in doing so reduced some earmarks. The Bacon Free Library was reduced from $100,000 to $50,000. The Governor also limited the $100,000 for the second year of the three year effort to fight invasive aquatics at Lake Cochituate State Park. However, the money being expended right now on the lake would be largely wasted if future years weren’t expended.
SELECTMEN’S CONCERNS
a. Request for Sign on Winter Street
Mr. Connolly called attention to a letter from a Winter Street resident with an autistic child requesting a warning sign be posted on the road and asked if the Board could authorize putting up the sign before it went to the Safety Committee.
Ms. White said she would want to hear from the Safety Committee on where the sign would be placed. They (Safety Committee) could be asked to expedite it.
b. Walk Up Court
Mr. Connolly requested consideration for the placement of a Dead End sign at Walk Up Court.
c. Water Bill
Mr. Connolly noted that he had been approached by a citizen saying his water bill was for usage in April, May and June but was billed at FY09 rates.
Ms. Gloff advised that was correct. Once the rates were set in June the new rates applied to any bills issued after that.
d. Playing Field Clean Up
Ms. Gloff noted that a citizen spoke to her about trash around playing fields and she wondered if it was possible for the Board to consider sending a letter to the groups that use the playing fields explaining that the Town didn’t have extra staff and if the coaches and parents could make certain everyone was putting trash into the barrels and if the barrels were full, call the DPW, it would be very helpful.
Ms. White found it unconscionable for people to leave their trash on these wonderful facilities. The DPW and she were strategizing over this and thought the idea of sending a letter was a wonderful one.
Ms. Gloff suggested that the newspaper may be interested in doing an article about the problem.
Mr. Connolly raised the possibility of some signage reminding people to pick up after themselves. Ms. White advised that some signage was also under consideration.
Mr. Ostroff added that perhaps the next Town Administrator newsletter could have a blurb about respecting the Town property.
e. State Budget
After thanking the Town Administrator for passing out the cuts affecting Natick in the Governor’s veto, Mr. Ostroff noted that the Governor was looking for 9C authority which was something his predecessor exercised. If the State’s economic condition did not improve the Governor could make further budget cuts.
f. Cross Walks
Mr. Ostroff noted that at the intersection of South Avenue and Route 27 and further down near Fair & Yeager, there were cross walks and sometimes people were taking their lives in their hands in trying to cross the street. He would like to see signs put up
g. Home of Champions
Mr. Ostroff announced the Home of Champions signs may be unveiled around Natick Days.
ADJOURNMENT
The meeting was adjourned at 9:55 p.m.
______________________________________
Kristine Van Amsterdam, Clerk
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