BOARD OF SELECTMEN
Natick Town Hall
July 28, 2008
6:00 p.m.
The meeting was called to order by the Chairman John Ciccariello at 6:02 p.m.
PRESENT: John Ciccariello, PersonNameJoshua Ostroff, Carol A. Gloff, John Connolly. Absent: Kristine Van Amsterdam
ALSO PRESENT: Martha White, Town Administrator; Donna Challis, Secretary
EXECUTIVE SESSION
Mr. Ostroff, seconded by Ms. Gloff, moved to enter into executive session to discuss matters pertaining to litigation and compensation of non-union personnel. By roll call vote the motion passed on a 4-0-0 vote. At 6:03 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 28, 2008 in the amount of $613,934.77. This figure was included in total warrants signed by the Board of Selectmen of $5,348,911.52.
The open session was reconvened at 7:10 p.m.
INTERVIEW FOR APPOINTMENT TO REVENUE ENHANCEMENT TASK FORCE
a. Todd Steven Fleisher
Todd Fleisher told the Board he and his wife had moved to placeCityNatick a little over a year ago and he was interested in getting involved in the Town. Although he was only here for a limited time, he liked what he saw and if he could give back to the community he would be honored. He noted that he spoke with Mr. Ostroff and attended the Task Force’s meeting of last Thursday.
Mr. Ciccariello inquired if Mr. Fleisher had any ideas. Mr. Fleisher noted that he raised some thoughts at the meeting, but he thought the committee had put together a nice agenda of thoughts and ideas and to the extent he could add would be his privilege.
Mr. Ostroff moved to appoint Todd Steven Fleisher to the Revenue Enhancement Task Force. Mr. Fleisher would be filling a vacancy left by the resignation of Stephen Roche. Seconded by Ms. Gloff and unanimously voted.
Mr. Ostroff noted that the Task Force would like to be on the agenda for the Board’s next meeting to present a draft report with some recommendations.
PUBLIC HEARING: MCI: NORTH MAIN STREET – HANDHOLES
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to open the public hearing.
Steven Perritti, MCI Project Manager, noted MCI had an existing route that ran from the Mass Turnpike to Apple Hill. The cable that was in that route had used up its life and didn’t run the new equipment as well as it should. It was time to put in a brand new cable, but there were some concerns about being able to run the cable that distance and the proposal was to put in a few hand holes.
To Ms. Gloff’s query as to what was a hand hole and how big it was, Mr. Perritti responded that they came in many sizes. The one being looked at was 2x3. The hand holes would be buried so there wouldn’t be any problems with heaving.
Mr. Ostroff inquired as to how long the project would take. Mr. Perritti guessed it would be no more than two weeks. Putting in the hand holes was a very quick operation and there was only a mile to pull the cable through.
Mr. Ostroff asked if the work could be scheduled so as not to worsen the difficult traffic situation on North Main Street and Mr. Perritti agreed it could be scheduled to meet the Town’s needs. It would be whatever the Town permitted.
PUBLIC HEARING: MCI: NORTH MAIN STREET – HANDHOLES (contd)
Mr. Connolly questioned if this would disrupt service to any client and was assured by Mr. Perritti that it would not. The new cable would be put in first before the old was taken out. The splicing would be done after 8:00.
Mr. Ciccariello noted receipt of a memo from the DPW William DeRosa, Rights & Permits, advising the DPW had no objections. He then asked if the hand holes would go on only Natick property or if it would also be private property. Mr. Perritte advised that everything would go over the existing duct bank on Town property. Asked if any work would be done on the road or sidewalk recently improved, Town Engineer Mark Coviello said, “no”. It would be in the sidewalk on North Main Street and they hadn’t been touched in some time.
Mr. Ostroff questioned if the project benefitted the Turnpike Authority in any way. Mr. Perritti said “no” other than making him pay for details when working out there. Mr. Ostroff explained that there were some people in North Natick whose quality of life was diminished and the Town didn’t have much leverage because the Turnpike was an entity among itself. He (Mr. Ostroff) was always looking for some leverage but in this case the Board had none.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to close the public hearing.
A motion was made by Mr. Ostroff to approve the construction of three handholes over the existing MCI conduit on North Main Street between the access road to the Massachusetts Turnpike southerly to Rutledge Road. Seconded by Ms. Gloff and unanimously voted.
NEW FRANCE, LLC D/B/A SEL DE LA TERRE: REQUEST TO AMEND SUNDAY ENTERTAINMENT LICENSE
Representing Sel De La Terre was the owner, Jeff Gardner.
Mr. Gardner noted that Sel De La Terre currently held an entertainment license for one Sunday a month to have a cabaret night and he would like to amend that license to do a live jazz brunch every Sunday morning. There would be 1-2 musicians.
Mr. Connolly inquired if there had been any issues with the current entertainment license. Mr. Gardner advised there had not been any issues.
A motion was made by Mr. Connolly to amend the entertainment license held by placeNew France placeCityNatick, LLC d/b/a Sel De La Terre for premises at the Natick Collection to include jazz brunches every Sunday in 2008 from 11:00 a.m.-3:00 p.m. with 1-2 musicians. Seconded by Mr. Ostroff and unanimously voted.
TOWN ENGINEER: AWARD CONTRACT FOR GLEN, UNION, SPEEN ST. ROADWAY IMPROVEMENTS
Town Engineer Mark Coviello requested the Board’s approval for the award of a contract for roadway improvements on Glen Street, Speen Street, and Union Street to the low bidder J. Tropeano, Inc. of North Andover in the amount of $3,177,262.25.
Mr. Coviello advised the project was advertised in the newspaper and Central Register. Seven bids were received and opened on July 2, 2008. The bids ranged from a low of $3,177,262.25 to a high of $4,014,015.00. Included in the Board’s packet was the funding source for the construction and a plan showing the scope of work. The source of funding was $1,420,000 from Article 6 of October 2007 Town Meeting (Glen St. Roadway & Drainage Improvements); $975,000 from Article 6 of October 2007 Town Meeting (Phase 5 – water relining); $1,100,000 from Chapter 90 for a total of $3,495,000.
Noting the low bid was within the amount appropriated by Town Meeting, Mr. Ostroff inquired as to where the $1.1 million in Chapter 90 fit into the total appropriation. Mr. Coviello advised that after closing out some projects there would still be almost $600,000 left in Chapter 90 so he would be able to budget some upcoming projects to go forward next year.
Mr. Ostroff inquired if it was envisioned that the sidewalks on Glen Street would be immediately adjacent to the roadway or if there would be some kind of barrier. Mr. Coviello responded that it would be granite curbing with a berm at the roadway. Asked if there was sufficient space for a separation, Mr. Coviello noted that consideration had to be given to there being an existing sidewalk and Glen Street was a scenic road and to push it back
would be impacting the scenic road. The sidewalk was on the downhill side of the farm and in most cases kept the drainage swale in place. A little further down was wetlands and it would be prohibited. Because of the impact
TOWN ENGINEER: AWARD CONTRACT FOR GLEN, UNION, SPEEN ST. ROADWAY IMPROVEMENTS (contd)
to the character of the road and the wetlands, the thought was that it wouldn’t be feasible (for a barrier).
Mr. Ostroff then inquired as to what engineering would be done to decrease speed. Mr. Coviello thought the addition of a granite curb would slow down traffic. That would narrow the road slightly to around 23 feet. Plus pavement markings would help slow traffic down.
Mr. Connolly asked about the contractor’s bond and insurance and was told by Mr. Coviello that when the bids were submitted the contractors had to submit bid bonds and if awarded the bid the contractor would have to submit all the required insurance. Town Counsel wouldn’t sign the contract until there was proper insurance.
Mr. Connolly then asked about notification to the residents and Mr. Coviello advised there would be notification.
Asked if this was part of the five year plan, Mr. Coviello responded that these were sections of the road that were going to be done in the first five year allotment.
Mr. Ciccariello questioned if there was any other work the Board was not aware of that needed to be done other than what was in the plan and specifications. Mr. Coviello’s reply was, “no”. His design and review of the design tried to incorporate all the issues. He thought everything was addressed in the contract document.
Mr. Ciccariello inquired if there had been any discussion with the Planning Board on the scenic road and Mr. Coviello responded that a hearing was held with the Planning Board.
Responding to a series of questions from Mr. Ciccariello, Mr. Coviello stated that the engineering money was appropriated under a previous Town article. That was separate and not in here. There $317,000 for contingency built in and the hope was that money would not be used. Police details were included in the contract bid. The contractor makes the arrangements for the Police details and the Town paid the bills directly.
With respect to the Police details, Mr. Ciccariello asked if this contract had gone out to bid before or after the Board’s discussion. Ms. White advised that it was before. Mr. Coviello noted it was advertised June 17.
Mr. Ciccariello explained that the Board had several discussions over the past couple of months about contracts sent out for public bid that contracts be responsible for paying for Police details. There were several reasons. If there was a time schedule for a contractor to complete and the contractor had to schedule and pay the details, if it took another 5-6 months to finish and there were cost overruns the contractor would be responsible for paying not the Town of Natick. This would protect the Town. Otherwise, if the contractor did not finish the project on time and the Town continued to pay for details who would get penalized. Was it the contractor of the Town of placeCityNatick?
Mr. Coviello responded that he wasn’t aware of the thought process when this contract was put together, but the way this contract was being done wasn’t unlike the way it has been done. This was a unit price contract so there would be no reason for the contractor to drag the project out. It would be to the contractor’s benefit to get the work completed as soon as possible.
Mr. Ciccariello understood what Mr. Coviello was saying, but pointed out there were times when the contractor may fall behind. Mr. Coviello countered that if the contractor wasn’t doing the work there was no need for Police details. There were liquidated damages of about $450.00 a day.
Mr. Ciccariello questioned if as part of the liquidated damages there was a construction schedule. Mr. Coviello noted the schedule didn’t specify things for each particular location. There was an overall schedule of about 700 calendar days and most should be completed during the summer of next year.
Mr. Ciccariello responded that he would like to get a phased construction schedule from the DPW and the contractor for how the project would move ahead. Would they be doing one area first or working at all locations at once. He added that it would be nice if the Town Administrator gave an
TOWN ENGINEER: AWARD CONTRACT FOR GLEN, UNION, SPEEN ST. ROADWAY IMPROVEMENTS (contd)
overview of what’s going to happen and when in the Town Administrator’s news letter to keep the neighborhood informed.
Mr. Coviello commented that this was not the ideal time to award a construction contract. He would have liked to bid over the winter and award in early spring. A meeting was held with the construction company and the contractor envisioned all the drainage work on addressStreetGlen Street would be completed this year. Most of the roadway and sidewalks would be done next year. The contractor was going to try to do the lower end of Speen Street this year and Union Street would be done next year. A schedule would be provided to the Board.
Mr. Ostroff inquired as to the type of material to be used in the sidewalks on and was told by Mr. Coviello it would be asphalt. As to why, Mr. Coviello said he anticipated it would last as long as concrete and it was easy for the DPW to maintain. The main reason was a cost factor and what was there now.
Mr. Ostroff noted the concern of the people on the lower end of Speen Street with pedestrian passage and requested that at some time an update be provided. Mr. Coviello noted that an easement from DCR may be required.
A motion was made by Mr. Connolly to award the contract for the repaving of Glen Street, Speen Street, and Union Street to the low bidder, J Tropeano, Inc. in the amount of $3,177,262.25. Seconded by Ms. Gloff and unanimously voted.
UPDATE CABLE ADVISORY COMMITTEE: LICENSE RENEWAL
Deputy Town Administrator Michael Young reminded the Board that in March 2008 the Town received formal requests from Comcast and RCN to begin renewal. The Board of Selectmen is the licensing authority. Under the Federal Communication Law each provider had the right to a formal process. Timely receipt was crucial and Comcast’s request was timely. RCN was not. Special Counsel for cable has advised that the Town begin the informal process with RCN and has drafted letters to be sent to both RCN and Comcast.
Mr. Young continued that there was a period of ascertainment when the Cable Advisory Board leads a process to find out what people were thinking. There will be a public hearing designed to seek that input to determine what sort of a job Comcast and RCN have done. Following that an RFQ will be put out after when Comcast and RCN will send out a much larger response. Negotiations will then begin and once negotiations take place the Cable Advisory Board will come back to the Board for approval or non-approval.
The Chair of the Cable Advisory Board, Hank Szretter, was in the audience available to answer any questions.
Mr. Connolly noted that Natick had a third provider, but Mr. Young explained that Verizon had recently been granted a license so there was awhile before that license would need to be renewed.
As some of Natick didn’t get all three services, Mr. Connolly questioned if that put some providers in violation. Mr. Szretter answered that potentially it could. The Board granted RCN a waiver from the underground provision and when it came time for ascertainment the ability of a licensee to provide service will be considered.
Mr. Connolly asked if it would be possible to look at what the cable company promised to provide and how many were not providing it. Mr. Szretter assured the Board that anyone would be allowed to speak at the hearing and a survey would be done about the providers.
It was Ms. Gloff’s understanding that anyone with utilities underground was only able to get Comcast. RCN does not service underground and neither does Verizon.
Mr. Ostroff noted that this did not relate to a company’s ability to provide other service, i.e. internet and telephone. The only thing being discussed here was cable TV. Mr. Szretter concurred, and Mr. Ostroff pointed out that
were the Board not to renew a franchise, it didn’t mean they couldn’t continue to provide other service.
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to authorize the Chair to send a letter to Comcast initiating the formal process for renewal of the cable license.
UPDATE CABLE ADVISORY COMMITTEE: LICENSE RENEWAL (contd)
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to authorize the Chair to send a letter to RCN initiating the informal process for renewal of the cable license.
AUTHORIZATION OF SPECIAL COUNSEL FOR 40B APPLICATIONS
Before the Board was a memo from Patrick Reffett, Community Development Director, requesting the re-authorization of the 40B legal services with the firm of Blatman, Bobrowsky and Mead. He noted the firm had successfully provided the Zoning Board of Appeals with expert assistance in the review of projects, following appropriate 40B process, and preparation of decisions relative to a number of 40B projects. He would like to extend the contract for another year which would allow the decision for the Chrysler Road 40B to be finalized and prepare for the new Census results which effect affordable unit calculations in Natick as required by the State.
Mr. Reffett’s memo further advised that an account for this purpose was set up by the Finance Committee. The remaining balance was $13,709.50 and he did not envision needing any additional funds beyond this existing amount.
Ms. White explained this was the third year of recommending Lisa Mead of Blatman, Bobrowsky and Mead as special counsel for 40B applications before the Zoning Board of Appeals and she would strongly urge the Board’s reappointment. The attorney had been tremendously helpful to the ZBA in getting the best design possible and obtaining mitigation to the best of our ability.
Mr. Connolly inquired if the remaining balance of almost $14,000 would be enough. Ms. White responded that there was funding available for this purpose and she expected it to be more than adequate.
When the ZBA had to retain an attorney, Mr. Ciccariello thought the applicant paid for the attorney. Ms. White noted that happened sometimes. The applicant paid for peer reviews, but the attorney fees weren’t consistently funded by the applicants.
A motion was made by Mr. Ostroff to reauthorize Special Counsel for Fiscal 2009 of Blatman, Bobrowsky and Mead for assisting the Town with 40B legal services. Seconded by Ms. Gloff and unanimously voted.
MIDDLESEX GARAGE DESIGN RFP
In continuation of the discussion from the last meeting, Deputy Town Administrator Michael Young noted the RFP had been reviewed by Town Counsel and the result was a new page 5 which lists out the evaluation proposals and how they would be evaluated. The RFP was governed under the procurement laws and this RFP has passed legal muster.
Mr. Ostroff inquired as to when the responses had to be returned and Mr. Young responded that there was a certain number of dates that had to wait until the RFP was filed and posted. The thought process was that if this was approved tonight delivery would be around the first of the year. It was a tight timeline.
Mr. Ostroff believed the Board had voted to use encumbered funds from the 2006 process. Ms. White didn’t recall, but thought it was more of an administrative action. Mr. Young noted there was a sufficient balance left in the article.
Mr. Ciccariello inquired as to when Mr. Young would like the comments back. Mr. Young noted that the sooner the comments came back, the sooner the RFP would hit the streets. The focus was for a schematic design and a cost estimate.
Mr. Ciccariello noted the subcommittee made up of himself, Mr. Ostroff, members of the Natick Center Associates and Community Development Director Patrick Reffett working on the downtown parking. An RFP had been put out over two years ago for a multi level garage and private development. That didn’t work. This (new design) will provide a very simplified design where
access to the garage would be from three different locations on three levels
instead of building a ramping within the garage. It was probably the least expensive way to build a garage. Once the design was done the hope was to get another RFP out to see if there was interest in doing a private or a partnership with the Natick Center Associates. The Town can’t afford to build this on Town funds. There weren’t any.
Mr. Ostroff asked if this could be acted on at the next meeting. If the members got their comments back to the Deputy Town Administrator, Mr. Ciccairello thought the Board would be ready to release it at the next meeting.
MIDDLESEX GARAGE DESIGN RFP (contd)
Mr. Ostroff inquired if Mr. Young had had an opportunity to look at a DIF, but Mr. Ciccariello thought that was unrelated. Mr. Ostroff noted that it was going to be on tonight’s agenda, but was tabled and he wondered when it might come back on the agenda. A DIF was being explored that may help fund the construction of a garage. Mr. Young advised that he had been working with the Town Assessor to look at the assessment values of the downtown.
Asked when it would be ready to come before the Board, Mr. Young said either the next meeting or in two meetings. He would need assistance in regards to what was the scope of the DIF and the assessment areas to be looked at.
ANNOUNCEMENT OF VACANCY: PLANNING BOARD
The Board announced a vacancy on the Planning Board for an Associate Member left by the resignation of Robert Eisenmenger.
Mr. Connolly moved to post the vacancy for interviews to be held at a joint meeting of the Planning Board and Board of Selectmen on September 8, 2008. Seconded by Ms. Gloff and unanimously voted.
VACANCY ON SCHOOL COMMITTEE
The Board was in receipt of a letter of resignation from Rick Wynn of his seat on the School Committee along with a letter from the Chairman of the School Committee on filling the vacancy.
Ms. Challis advised that joint interviews with the School Committee and Board of Selectmen had tentatively been scheduled for September 8, but that date had not as yet been confirmed by the School Committee Chair.
A motion was made by Ms. Gloff to post the vacancy based upon a date being obtained from Mr. Meyler, the School Committee chair. Seconded by Mr. Connolly and unanimously voted.
ELIOT SCHOOL: DRAFT RFP FOR SHORT-TERM LEASE
Ms. White noted that at this time the Board was not as yet ready to seek proposals for the sale or long-term lease of the Eliot School because legislative authority hadn’t been received to do a long-term lease and that would take several months. Given that the current tenant needs a two year advance notice and the current lease expires June 10, she was proposing a short-term lease of one year with an option of two one year extensions.
The missing piece in last week’s discussion of this was the kind of capital improvements to the building that may be necessary within that timeframe. Ms. White noted that she looked at it with the tenant and the Town’s Building Maintenance Supervisor and they believed there was HVAC improvements needed at an estimated cost of $15,000. She pointed out that the draft lease stipulated that in any given year the Town would pay the first $10,000 and the tenant would pay above that exclusive of any vandalism and damage that result from the tenant. The key change to the draft lease was that all utilities would be paid by the tenant.
Regarding the engineering report, Mr. Ciccariello noted that with regard to recommended improvements or improvements that were necessary for the Eliot School to be used as a school one item spoke to classrooms, but if the building was not used as a classroom, would this be necessary.
It was Ms. White’s understanding that the heat didn’t travel through the building well. There may be an added cost given the classroom configuration, but she thought some level of improvement may be needed anyway.
In follow-up Mr. Ciccariello asked if these improvements were recommended to be done under the present lease. Ms. White’s reply was, “no” – sometime before the expiration of the subsequent lease, but given the price of
heating the building, it may be something the Town may want to consider before that.
Mr. Ostroff inquired as to when Ms. White was looking to get this RFP out and Ms. White responded that both the RFP and lease had received Town Counsel approval and it was ready to go.
Mr. Ciccariello asked about when she would like comments from the Board, and Ms. White replied that she would like them before the next meeting. She further noted that she had been approached by the Eliot Church which is a neighbor to the school. Currently the tenant utilizes the church and the
ELIOT SCHOOL: DRAFT RFP FOR SHORT-TERM LEASE (contd)
church has asked if the following language could be included in the RFP: “The current tenant of the Eliot School also leases adjoining property of
the Eliot Church; said property may be available to future tenants of the Eliot School. Should prospective bidders be interested in this property they should contact the church directly”. Ms. White noted that she had not as yet contacted the Inspector General’s Office to see if such language was permissible.
FALL TOWN MEETING WARRANT ARTICLES
Ms. White had provided the Board with a list of standard articles and a list of articles she was submitting. She noted there were others she was contemplating but as of yet didn’t warrant the light of day.
Ms. White distributed a memo on HVAC issues for Town Hall and the Police/Fire station. In response to Mr. Ciccariello’s request for a copy of the engineering report, Ms. White advised that it was the MacRitchie Company who also looked at the Eliot School.
Mr. Ciccariello inquired if some design work had been done, but Ms. White thought it was a little simpler that that. Mr. Ciccariello expressed his concern with putting out a bid for work that was not funded. It was illegal. Ms. White clarified that a contract couldn’t be awarded but it could be put out to bid. Mr. Ciccariello countered that that was not his understanding, but he would defer to Ms. White as the Town Administrator.
Mr. Connolly noted that this (HVAC work) was already posted in the window downstairs and there was also something posted for roof work. Ms. White knew the roof units had been problematic but she didn’t have any knowledge of roof problems. Mr. Connolly questioned if it was normal for these heating/cooling units to go in 10 years. Mr. Ciccariello advised that it would depend on the equipment.
Mr. Connolly raised the possibility of a warranty, but Ms. White advised that she had looked into that and there was no warranty to call upon.
Ms. White noted that this was intended as a heads up to the Board and when they got the figures back on what it would cost, she would bring in the Building Maintenance Supervisor Corey Lovett and maybe the DPW Director Charles Sisitsky as well.
Mr. Connolly recalled there being two issues this year. One was the condenser and the boiler. Ms. White noted the condenser was at the Fire station. Asked if the boiler had been repaired, Ms. White advised that it had. This was above and beyond that. She explained that Mr. Lovett was concerned with continuing to do band aid repairs.
An article had been submitted by the School Committee, and Mr. Connolly inquired as to what was being requested. Ms. White noted that funding was being sought for fuel escalation in the regular budget and the special ed transportation. They were projecting neither of those line items would be met.
Mr. Connolly questioned if the Schools wanted more money even after the override. Ms. White suggested that at some point the Board would see the specific language for the article and a dollar amount and the Board may want to weigh in with a recommendation to Town Meeting.
Mr. Ciccariello reminded everyone that articles were due August 22.
Mr. Ostroff inquired if the new Superintendent had indicated what the Schools expected to return from the budget. Ms. White stated that it was around $249,000 which includes not just any balance from the operating budget, but a look at prior year encumbrances. There were quite a number of one time close outs.
Mr. Ostroff didn’t notice an article on the warrant for a revolving fund for the replacement of street signs around placeCityNatick. There was a federal requirement for more visible street signs and placeCityHudson had a program where they sell their old street signs to pay for the new ones. This was something he thought the Town would have to look at within the next couple of years to come into compliance.
MINUTES
Ms. Gloff, seconded by Mr. Ostroff, moved approval of the minutes of the January 28, 2008 meeting. The motion passed on a 3-0-1 vote.
MINUTES (contd)
Mr Ciccariello, Mr. Ostroff, Ms. Gloff voted in favor of the meeting. Mr. Connolly abstained.
As he had not had a chance to finish reading the minutes of 2/11/08, Mr. Ostroff requested that approval be tabled to the next meeting. The other members of the Board agreed to table.
BACON FREE LIBRARY: REQUEST TO CLOSE STREET
The Board was in receipt of a letter from Anne-Marie Kott of the Bacon Free Library advising that the Father’s Day Jazz Concert originally schedule for Sunday, June 15, 2008 had been postponed. For the original concert date the Board had approved the closing of addressStreetMill Lane during the time of the concert. The concert had been rescheduled for September 7, 2008 from 5:30 p.m.-7:30 p.m. and the Bacon Free Library was seeking permission to close Mill Lane during that time.
Ms. Gloff moved approval. Seconded by Mr. Ostroff and unanimously voted.
INTERVIEW FOR APPOINTMENT TO THE HISTORIC DISTRICT COMMISSION
a. Douglas Jenkins
Douglas Jenkins told the Board that he felt there was a real need for someone like himself who studied history and the local regional antiquities to become involved.
Mr. Ostroff inquired as to how he (Mr. Jenkins) envisioned the role of the Historic District Commission and what skills he may bring to the committee. Mr. Jenkins responded that he thought the preservation of local architecture was important – anything that reflects placeCityNatick life. These kinds of towns weren’t seen across the country.
From a hypothetical standpoint, if a homeowner wanted to make an alteration Mr. Ostroff inquired as to his (Mr. Jenkins) approach. Mr. Jenkins thought his job was to authenticate the age of things. He understood American thought and culture through the 18th and 19th century and thought it was important for people to be enlightened to some of the research done throughout the years. Just to make an aesthetic change wouldn’t be good enough for him. Asked if he would adhere more to the regulations governing the Historic District Commission then the homeowners, Mr. Jenkins’ reply was, “yes”, adding that he thought a lot of convincing needed to be done.
There was one opening for a regular member and three openings for an alternate and Mr. Ciccariello asked if Mr. Jenkins would object to being an alternate. Mr. Jenkins stated that he would not.
Mr. Ostroff inquired if Mr. Jenkins lived within in either district. Mr. Jenkins advised that he owned and operated historical property in the Eliot Historic District although the work on his property was completed. Mr. Ostroff suggested that Mr. Jenkins may need advice from Town Counsel or the Ethics Commission and may have to file a disclosure.
At the previous meeting the Board interviewed Jean Pierre Parnas for appointment to the Historic District Commission, but held off making any decisions until Mr. Jenkins had an opportunity to be interviewed. The Board voted for the regular member by paper ballot and it ended in a tie with both Mr. Parnas and Mr. Jenkins receiving two votes.
Mr. Ciccariello voted for JP Parnas
Mr. Ostroff voted for JP Parnas
Ms. Gloff voted for Douglas Jenkins
Mr. Connolly voted for Douglas Jenkins
Ms. Gloff moved to appoint both Mr. Parnas and Mr. Jenkins as alternate members. Seconded by Mr. Connolly and unanimously voted.
FRANK LOMBARDO: REQUEST TO HOLD RUN/WALK AND BLOCK PARTY – SHERWOOD NEIGHBORHOOD
A motion was made by Mr. Connolly, seconded by Mr. Ostroff, and unanimously voted to approve Frank Lombardo’s request to hold the annual Sherwood neighborhood run/walk on placeDoncaster, placeSurrey, Sherwood, placeNottingham, Barnesdale and placeCityGreenwood on September 7, 2008 from 11:30 a.m.-1:00 p.m. In addition to close Doncaster along with Surrey between 7-13 at the end of the run/walk for a cookout.
PATTY GENTILLE: REQUEST TO USE GAZEBO
On a motion by Mr. Ciccariello, seconded by Mr. Connolly, the Board unanimously voted to approve Patty Gentille’s and Ken Winterroth’s request
PATTY GENTILLE: REQUEST TO USE GAZEBO (contd)
to use the gazebo on the Town Common on August 2, 2008 at 4:00 p.m. for their wedding ceremony.
NATICK CENTER ASSOCIATES: REQUEST BANNER FOR ART WALK
Mr. Ostroff disclosed that he was a member of the Natick Center Associates, but had no financial interest and would be voting.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to approve the placePlaceNameNatick PlaceTypeCenter Associates request to hang a banner across addressStreetMain Street for the period of August 10-21, 2008 for the Art Walk.
TOWN ADMINISTRATOR NOTES
a. Math Works Field Dedication
Ms. White informed the Board that one possible date for the Math Works field dedication was August 25. The Board was meeting that night and the idea would be for the dedication to be before the meeting. She asked the members to check their schedules and let her know if that date would work.
b. Town Meeting Ratification
Ms. White reported that the Town Clerk’s Office had a problem with the posting of the placePlaceNameAnnual PlaceTypeTown Meeting and again would need to have a vote or other action to ratify votes Town Meeting took. Her suggestion was not to bother with the legislative process and just call a Special Town Meeting to take place on the first night of Town Meeting with just that one article. Town Meeting could open the special, make the vote, and close it and then the timeframe could start.
Mr. Ciccariello assumed the Town wouldn’t be looking to borrow any money prior to the next Town Meeting. Ms. White advised that was correct and in fact couldn’t. There was some inconvenience but the authorizations could wait until October.
When asked what went wrong, Ms. White explained that it was the notice in the newspaper. The By-law used to require the entire article to be posted in the newspaper and in an effort for cost saving an amendment was passed that a list of articles had to be published in the newspaper. The newspaper ad did not include the title of the article. It just announced the meeting.
Given that this is a recurring issue, Mr. Ciccariello inquired as to moving forward what the Board of Selectmen or Town Administrator could do to help the Clerk’s office to ensure this didn’t happen again. What support could be given to the Town Clerk?
With respect to the posting of the Fall Town Meeting, Ms. White stated that she would review the posting and have the Town Clerk review it as well. She (Ms. White) had met with the Town Clerk and expected to do so again in terms of identifying other ways to be of assistance to that office.
Asked if she was looking for a vote tonight to hold Special Town Meeting, Ms. White replied that it didn’t have to be tonight. This was to give a heads up to the Board and she would work closely with Town Counsel to make sure the remedy being proposed was satisfactory.
Mr. Connolly questioned if any of the articles from Spring Town Meeting could be revisited. Ms. White advised that according to Town Counsel they could not. The Moderator was in the audience and she believed there was a ruling that there would only be one vote to ratify all the articles. In follow-up Mr. Connolly questioned if that was an opinion or the law. If Town Meeting wasn’t ratified, he (Mr. Connolly) thought any one of those articles could be revisited.
Town Moderator Frank Foss noted this was similar to before where there was an article on the warrant to ratify action of Town Meeting and you can’t reconsider something that occurred in a previous Town Meeting. There would
have to be an article to reconsider and anyone could put an article on the warrant to reconsider a previous action.
Mr. Connolly knew there was a problem with borrowing and it had to be ratified, but did that mean everything Town Meeting voted was in limbo because it hadn’t been approved. Ms. White believed that was probably a question to be posed to Town Counsel and Mr. Connolly requested that to be done.
TOWN ADMINISTRATOR NOTES (contd)
If the Board proceeded to call a placePlaceNameSpecial PlaceTypeTown Meeting, Mr. Foss asked to be included. Mr. Ciccariello requested the Town Administrator and Town Counsel to keep the Moderator involved.
SELECTMEN’S CONCERNS
a. Update
Ms. White updated the Board on outstanding Selectmen’s Concerns:
The addressStreetOak Street contract had been awarded
There were 2-3 homes that had still not implemented the water meter replacement program and those properties were receiving a surcharge.
Route 135 – the punch list had been narrowed down, but it would take awhile to come to an agreement. The hope was to have the project completed by the end of construction season.
Scheduling a bulky waste pickup was in the DPW goals & objectives
The MBTA garage would be a long range project.
Home of Champion signs was a work in progress.
Web site – Mr. Ciccariello felt this could be taken off the list, but Ms. White noted that she would not suggest that every department’s web page was up-to-date in all projects. That was an ongoing effort. Mr. Ciccariello felt the expectation was that they would do and didn’t see why it should be kept on the list as long as it was being checked. Ms. White noted that during the discussion of goals & objectives she had spoken to each about the importance of maintaining the information on the web site.
Donation to Elderly & Disabled Taxation Fund through the web site. There had been some talk about doing payments on line, but Ms. White advised that it turned out not to be as easy as it appeared. Mr. Ciccariello inquired if all the information was on the web site, but Ms. White didn’t think it was. Having been on the list for four months, Mr. Ciccariello questioned why it hadn’t been done. Ms. White explained that the committee was one of many that had poor access to updating the web site. Ms. White assured him it would get done.
placePlaceNameEast PlaceTypeSchool complaint – Ms. White believed this had been satisfactorily addressed
No Trespassing Sign on the gazebo – Ms. White advised this was gone.
addressStreetSpeen Street gas leak – Ms. White believed that had been remedied
Trash on public property – Ms. White noted that she was working with the DPW and had seen a mock up of a proposed sign and a notice to the different groups using the field, but through antidotal evidence it was the individual user not a group.
placePlaceNameNatick PlaceTypeCenter crosswalks – Ms. White advised this issue was on the Safety Committee’s agenda for tomorrow
b. Web Site
Mr. Ostroff noted that in follow up to the article in the Municipal Advocate about how to keep the web site current and maintained, he had a conversation with the Town Administrator about how better to realize the potential of the web site.
c. New School Superintendent
Mr. Ostroff asked about having the new School Superintendent come in to say hello and update the Board on anything of mutual interest.
Ms. Gloff suggested that he be asked to come in the same night a new School Committee member was being appointed.
d. Veterans Day Event
Mr. Ostroff noted there had been discussions with the Veterans Council about having an event on Veterans Day for veterans and their families and he would ask the Board’s consideration of sponsoring the event. This would be the third time. It would be done through donations with no Town expenditures.
Mr. Connolly offered his assistance.
e. Ethics Meeting
Mr. Ostroff noted that he had discussed with Town Counsel about doing an event for volunteers on the ethics laws and Open Meeting Law. That may be done some time in September.
f. Water & Sewer Rate Subcommittee
Mr. Ostroff noted that a water ratepayer had been asking about the subcommittee the Board voted to establish. Since this was an official subcommittee Mr. Ostroff assumed the ratepayer could find out about it through a posting.
SELECTMEN’S CONCERNS (contd)
Mr. Ciccariello advised that as soon as Ms. Van Amsterdam returned he would try to schedule the first meeting.
g. DEP Violation – addressStreetGlen Street
Mr. Connolly asked about the DEP violation regarding Glen Street, and Ms. White explained that a contractor working for the DPW on relining a water main had to relocate the water through a temporary above ground main. The temporary water main wasn’t unusual but the “hose” to each of the homes was brought into question. One resident called DEP and DEP required the material be replaced. The work was already completed at the contractor’s expense before the administrative order was issued.
Ms. White continued that she was not happy with DEP for taking this step. The material used was the same used in placeCityNatick and other communities for years. The staff’s response was if this was problematic where have they been. Hopefully DEP will come out with a policy so there were standards for everyone to use.
Mr. Connolly inquired if there had been any fines and Ms. White advised there were not. She expected DEP to issue an order of compliance.
ADJOURNMENT
The meeting was adjourned at timeMinute30Hour219:30 p.m.
________________________________
Kristine Van Amsterdam, Clerk
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