BOARD OF SELECTMEN
Natick Town Hall
October 6, 2008
6:00 p.m.
The meeting was called to order by the Chairman John Ciccariello at 6:00 p.m.
PRESENT: John Ciccariello, Joshua Ostroff, Kristine Van Amsterdam, Carol A. Gloff, John Connolly.
ALSO PRESENT: Martha White, Town Administrator; Donna Challis, Secretary
EXECUTIVE SESSION
Mr. Ostroff, seconded by Ms. Van Amsterdam, moved to enter into executive session to discuss matters pertaining to litigation, compensation of non-union personnel, real property, deployment of security devices, and executive session minutes. By roll call vote the motion passed on a 5-0-0 vote. At 6:01 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 October 6, 2008 in the amount of $593,391.75. This figure was included in total warrants signed by the Board of Selectmen of $2,014.981.75.
The open session was reconvened at 7:15 p.m.
INTERVIEW FOR APPOINTMENT TO THE COUNCIL ON AGING
a. Sonja Hicks
Sonya Hicks told the Board she always enjoyed working with seniors. She was now retired and became a SHINE counselor in Framingham. Natick already has three wonderful SHINE counselors, but she wanted to get more involved in the community and threw her hat into the ring.
On a motion by Mr. Connolly, seconded by Ms. Van Amsterdam, the Board unanimously voted to appoint Sonja Hicks to the Council on Aging.
INTERVIEW FOR APPOINTMENT TO THE INFORMATION SYSTEMS ADVISORY COMMITTEE
a. Thomas Salvoni
Thomas Salvoni stated that he had recently moved back to Natick from New York City and wanted to do more public service. He had worked in IT since 1994 and held management positions. Currently he was employed by Starwood Hotels.
Mr. Ostroff noted that typically the IS Board met in the afternoon and asked if that would be an obstacle for Mr. Salvoni. Mr. Salvoni responded that it would not. He already spoke to his company and there was no problem.
On a motion by Ms. Gloff, seconded by Mr. Salvoni, the Board unanimously voted to appoint Thomas Salvoni to the Information Systems Advisory Board.
OPEN SPACE ADVISORY COMMITTEE: ANNUAL REPORT
Martin Kessel, Chair of the Open Space Advisory Committee, presented the Committee’s annual report.
He cited the recognition of two of the longest walking trails – one named in honor of former Planning Board Robert Eisenmenger and the other in honor of Daniel Takawambpait. Although the Eisenmenger Trail was currently open to the public, the final trail signs cannot be put up until the Planning Board resolves some remaining issues with the Woodland Village section. There was still a gap in the Takawambpait Trail awaiting easements through private property, but the public can use the southern portion from Eliot Street to the Sherman Nature Reserve. The public can also use the northern portion from Union St. through Broads Hill although this part was not as yet marked.
Mr. Kessel advised that several new trails were in various stages of development. In March the Historical Commission received a matching grant from the State Department of Conservation and Recreation to build the Henry Wilson Historic Trail that will guide visitors from Wilson’s house and shoe shop on West Central Street along Fisk Pond to his gravesite at Dell Park Cemetery. The Open Space Advisory Committee was also invited to a joint meeting with the Wellesley Natural Resources Commission to discuss some possibilities for connections between the two trail systems.
In addition the Committee has been exploring:
- A potential trail along the Charles River that could extend for a mile along the riverfront
- A possible walking trail along Route 9 using mitigation money from The MathWorks expansion
- A trail through conservation land that the Town will receive at the end of Highland Street as part of the Walnut Hill Estates development, which will provide a link from Natick Center to Hunnewell Town Forest
Mr. Kessel cited the Committee’s involvement in a number of projects in Town:
- With the Eliot School they want to protect the open space north and south of the school and have also sought the best outcome for the open space across the street
- The proposed Sunrise Assisted Living Center offers opportunities for improving the riverfront, providing canoe launch sites, and developing the riverfront trail
- At the Natick Paperboard site, they have met with the Planning Board and developer through several iterations of site plans and hope to ensure some open space and a harmonious relation with the Rail Trail
- They have also been working with the Conservation Commission to develop a policy on the use of the Conservation Fund and worked with the Conservation Commission to purchase GIS software that can now be used by staff or volunteers to give better pictures of Natick’s open spaces.
On the agenda for the coming year and where they may be seeking some help:
- Although most trails were being kept up, there was a problem with Anniballi Park at Pegan Cove. The Town had an agreement with the State to maintain this park long before the Open Space Committee was formed. Currently there was a bridge that has fallen down and needs to be repaired and there were trails that have become heavily overgrown. The Committee could find volunteers to help but need DPW equipment for some of the heavy work.
- The Committee has discussed extensively the need to update the Open Space and Recreation Plan. Although they would like to do as much in-house as possible, they may seek consultants for some portion.
- The Committee had provided a list of priority open space parcels based on meetings held with the Planning Board and Conservation Commission and could use help in working with the appropriate landowners.
Mr. Connolly thanked Mr. Kessel for the Committee’s efforts and asked what the Board could do to help the situation at the Anniballi Park. Mr. Kessel felt it would be helpful if the Board could facilitate a meeting. When the park was leased from the State it was long before the Open Space Advisory Committee and apparently there was an agreement that the Town would do the upkeep.
Mr. Connolly asked the Town Administrator to look to see what the agreement was with the State and who was responsible for the upkeep. Mr. Ciccariello recalled the Recreation Department being heavily involved. Ms. White noted she hadn’t reviewed the document, but she would.
Mr. Connolly suggested that when a meeting was set up Mr. Kessel be included.
With regard to the potential use of a consultant, Mr. Ciccariello inquired if the Committee had any idea of a funding source. Mr. Kessel did not although potentially it could be out of the open space fund. Mr. Ciccariello suggested that the Committee formulate some ideas and thoughts and what they intended the consultant to do and if funding was needed to come back to the Board.
Mr. Ciccariello then asked about the possible walking trail along Route 9 from The MathWorks mitigation money and if mitigation money was available. It was Mr. Kessel’s understanding there was mitigation money that hadn’t been tapped as of yet. Ms. White confirmed that it be correct.
A motion was made by Mr. Ostroff to accept the Open Space Advisory Committee’s annual report to the Board of Selectmen. Seconded by Ms. Van Amsterdam and unanimously voted.
P.F. CHANG’S CHINA BISTRO: CHANGE IN MANAGER
Representing P.F. Chang’s China Bistro in the petition for a change in manager for their location at the Natick Collection were Attorney Andrew Upton of DiNicola & Upton, LLP and the proposed manager Michael Focken.
Mr. Upton reminded the Board that the regional manager had been the name on the license until someone on the premises could be trained. He noted that Michael Focken has been there since the restaurant opened and they now wanted him to be responsible and have his name on the license.
Asked if Mr. Focken was TIPS certified, Mr. Upton advised that he was and added there was an assistant manager who was TIPS certified to train other employees and would be doing all the inhouse training.
A motion was made by Mr. Ostroff to approve P.F. Chang’s China Bistro’s petition for a change in manager from William Golden to Michael Focken. Seconded by Mr. Connolly and unanimously voted.
HARRIS & KLAFF: APPLICATION FOR TRANSIENT VENDOR LICENSE
Robert Habershaw, Chief Financial Officer of Harris & Klaff, appeared before the Board to request a transient vendor license to hold a fur sale at the Crowne Plaza on November 8-9, 2008. He noted that the Board had issued a license in the past in 2004 and 2005. They (Harris & Klaff) were test marketing in this area again and wanted to see if their business could have an event at the Crowne Plaza on November 8 & 9. If it works, they would be looking to get into the Natick Mall as a tenant.
Asked if there was nothing in 2006 or 2007, Mr. Habershaw advised there wasn’t. They had a successful event in 2004 and then one no so successful in 2005.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve Harris & Klaff’s application for a transient vendor license at the Crowne Plaza on November 8-9, 2008.
THE CHEESECAKE FACTORY RESTAURANTS, INC. D/B/A THE CHEESECAKE FACTORY: CHANGE IN CORPORATE OFFICERS, DIRECTORS
Representing The Cheesecake Factory was the manager Michael Botehlo.
A motion was made by Mr. Connolly to approve The Cheesecake Factory’s petition for a change in corporation officers & directors. Seconded by Ms. Gloff and unanimously voted.
PUBLIC HEARING: TCG NEW JERSEY: SOUTH AVENUE/WASHINGTON STREET; CONDUIT
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to open the public hearing.
Representing the petitioner TCG New Jersey (AT&T) was Rob Hoeksta of Waveguard, the engineering firm. The petition was to install (1) 4” conduit from Verizon MH#4001 in the sidewalk-40’ to Pole at the corner of South Ave/Washington St. All work will be in the sidewalk.
Mr. Hoeksta advised the work was to provide a connection between existing networks and the central office on West Central Street. One of the biggest customers of AT&T was TJX and this opens the door to make the physical connection.
Mr. Ostroff asked about the brickwork in the sidewalk, and Mr. Hoeksta responded that he had been in contact with the DPW and discussed restoration. The contractor bidding the job will have a full understanding that the brickwork and sidewalk will be brought up to better than orgininal condition.
The Board was in receipt of a memo from the DPW stating they had no objection and all the work would be done in accordance with the Town street opening specifications.
Ms. Gloff inquired as to when the work would be performed, and Mr. Hoeksta responded that he was in Phase III with Verizon and hoped to have the license from them on October 15 and hoped to meet the November 15 moratorium deadline. AT&T would like it wrapped up by October 31.
Mr. Ostroff asked if this work would benefit residents or just businesses. Mr. Hoeksta advised it would be the businesses.
From the day ground was broken until the job was finished, Mr. Connolly inquired as to the length of time. Mr. Hoeksta responded that it would be one day. There would be a detail officer on the sidewalk. The project was designed to stay out of the street.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to close the public hearing.
Mr. Ostroff stated that his office was ½ block away. He didn’t use the service intended, but wanted to make that disclosure.
Mr. Connolly moved approval of the grant of location for TCG New Jersey based on the discussion and recommendation of Bill DeRosa of the DPW. Seconded by Ms. Gloff and unanimously voted.
MICHAEL WILLIAMS D/B/A THE AFTER SCHOOL WORKSHOP: APPLICATION FOR ENTERTAINMENT LICENSE, COMMON VICTUALER’S LICENSE
Before the Board was an application from Michael Williams d/b/a The After School Workshop for an entertainment license and common victualer’s license for premises at 89 Washington Avenue, Suite 0.
Michael Williams told the Board that he had been a Natick resident all his life and after losing his job decided he wanted to do something fun for the rest of his life. He read a lot of articles about what goes on with the kids after school. There were 8 million kids with nobody home after school. He noted that he was only talking about high school kids and he was looking to find a place for those kids. The concept would be the kids would pay to get in and everybody would have their own project. He would be using the music of the 1960’s and 1970’s with a lot of music people coming in to show how they could learn better.
Mr. Connolly stated that he had known Mr. Williams for a long time. He had talked to Mr. Williams about this and was excited and he knew Mr. Williams had a conservation with Sergeant Halloran, the High School Principal, and Dr. Keefe and all were pretty supportive.
Mr. Ostroff inquired as to what had Mr. Williams’ career and Mr. Williams responded that he was in sales in heavy construction equipment, but the market fell apart.
Ms. Gloff inquired as to when Mr. Williams expected to open and Mr. Williams replied that with the Board’s approval he hoped it would be within a week. He had the OK from the Board of Health, the Building Department OK, and liability insurance.
Asked about his hours of operation, Mr. Williams said it would be 2:30-7:00 p.m. or 8:00 p.m.
Ms. Van Amsterdam asked if Mr. Williams had any plans for coordinating any of his volunteers. Mr. Williams responded that he had people he intended to use as chaperones and expected to have one person outside at all times as well. There would be a dedicated parking space. He would like to get a parent to come down and volunteer as well. People have donated and if people volunteered they would be used.
Ms. Van Amsterdam pointed out that if there were parents already involved in the Natick Schools, they have already been coried. She suggested Mr. Williams may want to have a conversation with the Superintendent.
Mr. Ciccariello inquired if there would be any games in the establishment. Mr. Williams said he planned to have games, but only games that made you think like Risk or cribbage. Ms. Challis noted that it was her understanding Mr. Williams didn’t have any coin operated games. Those were the ones that would have to be licensed.
Mr. Ciccariello asked about a radio and Mr. Williams replied there would be a serious sound system.
When asked if the music would be loud, Mr. Williams noted the building was totally concrete and the area where he would be located faced Natick Paperboard. The tenants empty out at 3:00 p.m. The neighbors have been supportive and they have his card and telephone number. He has encouraged them to call if there were any problems. His intent was to crank it up pretty good.
A motion was made by Mr. Ostroff to grant Michael Williams d/b/a The After School Workshop an entertainment license per his application for premises at 89 Washington Avenue, Suite 0. Seconded by Ms. Gloff and unanimously voted.
A motion was made by Mr. Ostroff to grant Michael Williams d/b/a The After School Workshop a common victualer’s license for premises at 89 Washington Avenue, Suite 0. Seconded by Ms. Gloff and unanimously voted.
ENVIRONMENTAL COMPLIANCE OFFICER: TOWN WIDE ENERGY & GREENHOUSE GAS REPORT
The Board was in receipt of a Greenhouse Gas Emissions Analysis for Fiscal 2004 and Fiscal 2007. Environmental Compliance Officer Robert Bois provided the following summary of the report.
He noted that in the Spring of 2008, Communities for Climate Protection (CCP) made a presentation to the Board of Selectmen on Green House Gas (GHG) emissions, global warming and the connection with energy use. CCP in a collaborate effort with schools, general government and private parties completed a GHG emission inventory for energy use by all Town Departments. The GHG emission report was completed in August 2008.
Mr. Bois continued with a comparison of the FY04 vs the FY07 report summary results.
On a town-wide basis including energy use for general government and the School Department, GHG emissions were reduced by approximately 850 tons or by 6.2%, the equivalent of removing almost 145 cars from the road in Natick. Energy use for electricity, building HVAC, vehicles, and streetlights decreased by 7.8% saving approximately $300,000. Energy costs included by 19%.
In the general government and school building sector percentages for GHG emission by sector have not changed. Percentages for energy equivalents by sector have not changed.
The comparison of energy use and GHG emissions from FY04 to FY07 showed more emissions from electricity use than any other energy source and less emissions from natural gas than any other energy source.
The building electricity use for general government and schools showed the electricity use dropped about 3% and electricity cost dropped about 6% with conservation and great bulk supply contract, particularly through lighting improvements.
The building natural gas use dropped by 21% (example, energy management systems, schools and general government a 1% cost savings for every degree lowered on the thermostat over an 8 hour period. The cost increased by 16%.
The building hearing oil use primarily the Kennedy Middle School and the high school dropped by 11% through energy management systems and the cost increased by 97%.
Overall use of the total building energy consumption and cost decreased by 6%. Overall cost increased by 10%.
Under vehicle fuel use (gasoline and diesel), gasoline consumption decreased 2.8% through new school busses and policies, diesel consumption decreased 1.4% attributed to a mild winter and policies. The cost of fuel increased 84%.
Government GHG emission, energy use and cost conclusion showed a decrease of GHG emission of 6.2%, a decrease in energy use of 7.8%, and increased cost 19%.
In conclusion Mr. Bois identified the next steps.
- Complete community GHG emission inventory
- Establish a Natick Energy group to identify and promote energy use conservation, energy efficiency, and opportunities for renewable energy for Town operations (Building Managers for Schools and General Government, Vehicle and Equipment Manager, Business Managers for Schools and General Government)
- Following CCP methodology forecast anticipated future emissions for both government and community operations, set a target for future GHG reduction measures.
Mr. Connolly inquired if Mr. Bois would be coming back to the Board to form the Energy Group, but Ms. White noted that the Energy Task Force was one of two task force ideas Mr. Bois approached her with as his goals. She would be heading up the task force. There was a Town Administrator’s committee and also a green task force. It was in the early stages of formation.
Mr. Ciccariello was of the opinion that Mr. Bois should have some input in talking about the senior center and high school. If a new public building was going to be built, he felt the Selectmen should take the lead if there was going to be a green building and use sustainable products. This was a great report, he appreciated it, and thanked everyone for their participation.
Ms. Van Amsterdam inquired if Mr. Bois had ideas for the energy task force in terms of recommendations that he just needed to do the research to support. Mr. Bois responded that renewable energy was looked at and those options right now weren’t cost effective. There were some exceptions but it was more symbolic than anything else. Renewable energy could be done for a new building and there were two that were coming up. With his group he thought they had religion for awhile.
Ms. Van Amsterdam asked if Mr. Bois saw his group looking into alternatives for vehicles. Mr. Bois advised that the Vehicle Maintenance Director and he went to Staples for a session on alternative fuels and he then had a follow conversation with Mr. Collins (Vehicle Maintenance Supervisor) about where that may fit. It may fit in inspection services and it may fit in the schools. The idea was to find money but with the cost of fuel, the payback was getting down to 4-5 years.
Mr. Ostroff congratulated Mr. Bois on a great report. This was something that fit within Town government and the Schools and was not intended to guide private development but he wondered whether once the group got up and going if information could be provided on resources for contractors and individuals.
Mr. Bois responded that he had a conversation with Planning about including in their review the green option. It was done at the Mall and although they didn’t want to go through the certification process, the Mall included some emission control during construction that went beyond the minimum standards set by the State. The vehicle was to go to Planning and start working with them.
Mr. Ostroff suggested putting the report on the web site.
Ms. White thanked Mr. Bois, commenting that he (Mr. Bois) was one of the department heads that looked for opportunities to make things better and this was a good example and demonstrates an ongoing method to be environmentally friendly.
WELLESLEY COLLEGE CONTAMINATION CLEAN UP PROPOSAL
Before the Board was a draft letter to the Wellesley Conservation Commission voicing strong opposition to Wellesley College’s proposal to site and construct a confined disposal facility within the Massachusetts approved Zone II for the Elm Bank drinking water supply.
Ms. White thanked Mr. Bois for catching this item, noting that Wellesley College was making a proposal that had some risk of jeopardizing Natick’s drinking water wells. She would like the Board to approve the letter and authorize the Chair to sign and send it onto the Wellesley Conservation Commission. They (Wellesley Conservation) were meeting on Thursday. Just today Mr. Bois and she met with the Water Superintendent and then with representatives from Wellesley and Needham and they (Needham and Wellesley) will be speaking and writing in opposition to it.
Mr. Bois explained that Wellesley College bought the paint shop pond property and spent a lot of time and money to clean up the site. They were now focusing on contaminated sediment that went into the Charles. A lot of the sediment was heavily contaminated with chrome and lead – pretty nasty stuff. The plan was to collect it and put it into a hole about 700 feet from the Elm Bank wells. He wasn’t sure they were doing this work within their delineated zone 2. It was almost in our zone 1. The proposal was to build this confined space, the bottom of which was in groundwater. The screens on our wells were at 50 feet and it was likely water would be pulled into our wells. Natick put in two wells and the others were approved for Wellesley and Needham. Those two never went in but
they could and this could jeopardize that. The problem was what could happen and it made sense before they start to look at other options.
Mr. Connolly questioned if the letter was strong enough. Ms. White felt the letter was written accurately and with an appropriate sense urgency. Mr. Bois will be going to the hearing and his counterparts from the other two communities. A strong and appropriate effort was being made.
Mr. Bois noted that if the Wellesley Conservation Commission were to approve this, there were appeal rights.
Ms. Van Amsterdam echoed what Mr. Connolly was saying. She felt the letter should read strongly opposed to the sighting of a confined disposal facility. Given the text it seemed that it should state up front how much opposed the Board was.
With no bottom or top on the facility, Ms. Gloff questioned how it was designed as a confined disposal facility. Mr. Bois responded that it did cause everyone to shake their head and he thought the Water Department was surprised and the Needham Water Department was surprised.
A motion was made by Mr. Ostroff, seconded by Ms. Gloff, to authorize the chair to sign the letter subject to minor edits. Unanimously voted.
Mr. Ostroff noted that if the Wellesley College environmental group wasn’t aware of this they should be.
A recess was called at 8:20 p.m. The meeting reconvened at 8:25 p.m.
DONALD JACOBS: FEE ANALYSIS PRESENTATION
The Town retained the firm of DIJ Donald I Jacobs Consulting to do a fee analysis for the departments of Natick and Mr. Jacobs was there to present his report.
Mr. Jacobs told the Board that he was in the municipal business for well over 30 years. For the last ten years he had his own consulting firm and had an opportunity to work with a lot of communities. He commended the Board, the Town Administrator, and the Deputy Town Administrator for taking the opportunity to look at fees from a planning standpoint. One thing that separates well run communities was the ability to plan.
Mr. Jacobs explained that the approach he took on fees was to give an understanding of what the Town was doing today. From a fee standpoint it meant permits, fines and fees for services. It represents about 20% of estimated receipts. Every source of revenue was important and he commended the Town for going through this planning process. The purpose of the study was to give useful information so the Board was comfortable knowing where the Town was from a fee standpoint and give information on the marketplace so the Board could tell where the Town was and where you want to be with respect to revenues.
There were a number of specific departments Mr. Jacobs felt he could highlight but he wanted to draw attention to the conclusion section of the report. The conclusion was divided into three sections – process, policy, and philosophy.
Under process Mr. Jacobs recommended the review of Town revenues should be part of an overall annual financial planning process. After completing an annual revenue and expenditure forecast and capital improvement plan, the next step was to adjust local receipts. Only when all of that was done could a community complete the annual budget process by making final decisions on what should be included in line item budgets.
The revenue management process should be organized. A central list of fees/fines should be maintained with a record of when changes were made. He recommended the completion of a quarterly report comparing the estimated revenue with the actual revenue. Also, a comparison should be made between the quarterly reports of the current fiscal year with that of the previous fiscal year. In that way the community could begin to see trends developing.
Under policy, Mr. Jacobs noted the Town had adopted a number of enterprise funds and he recommended the establishment of a policy pertaining to each enterprise fund as to whether the community wanted to make the service a 100% cost recovery system. A complete analysis of each enterprise fund should be done annually.
Under philosophy, Mr. Jacobs believed the Town needed to decide if it wanted to be at the lead in fees/fines charged, or be in the middle. When he looked at different fees other communities were charging, he could see no rhyme or reason and ultimately it was what was best for the Town of Natick. There were several departments, i.e. Board of Health, where on their own initiative they went through an extensive review of all their fees. Their (Board of Health) fees were very competitive with the marketplace and Mr. Jacobs believed that was the result of recent actions taken by the Board of Health.
In Building, Electrical, Plumbing and gas, looking at where it was today there was no uniformity with respect to how the Town charged. He recommended the establishment of a uniform fee structure based on the value of the project for which the permit was being issued.
The other significant fee area was the Pay-As-You-Throw. Mr. Jacobs noted that he provided information with respect to the cost and revenues generated and he knew the DPW had talked to the Board about an adjustment in fees of roughly 20%. That was a potentially significant increase in revenue and would represent about $200,000 of revenue going to $1.20.
Mr. Jacobs continued there were other departments where based on the marketplace fees could be adjusted slightly to be competitive – Fire, Conservation, Parking fees, Sealer of Weights & Measures, Board of Selectmen. Mr. Jacobs pointed out that he said that without knowing the Board of Selectmen’s policy.
Mr. Jacobs noted that on the methodology and process he spent a good amount of time working with the departments and thanked the Town Administrator and Deputy Town Administrator and department heads. Seven communities in the area were surveyed.
Ms. Van Amsterdam remarked that she enjoyed reading this report, but the one area she was looking for a little more information was the information garnered by the department heads, particularly with discussion of do we set fees that reflect the marketplace or the quality of service. Could Mr. Jacobs give an explanation of how department heads felt about the quality of service they provided or any changes and how that relates to the proposed fee increases.
Mr. Jacobs responded that his approach was different for different department heads. Some departments were more sensitive to the quality. A good example was the DPW. The sense from the Director was that they were very sensitive to what the cost was to provide the program specifically PAYT as opposed to a flat fee of items to be picked up. Most of the other departments didn’t establish a direct correlation of the fee and the service they provided. He thought they looked at it as a revenue. He believed if there was a message given to the person paying the fee that there was a direct correlation between the quality of service and the fee, you find greater acceptance. The Conservation Commission was a good example where by and large the State determines what Conservation Commissions can charge. There was an understanding the town can charge in addition for wetlands categories. He was recommending a small adjustment but in terms of what it represents in protecting the wetlands
was paramount. It had to be taken one department at a time. For instance he wasn’t sure how the Fire Department fees related to the quality of service.
Ms. Gloff assumed that for the library it was primarily late fees. Mr. Jacobs advised that was correct and added that libraries were all over the place in how they set their fees. In his opinion Natick’s fees were competitive and he didn’t recommend an adjustment.
With respect to the Board of Selectmen liquor licenses, Ms. Gloff noted Mr. Jacob’s recommendation of $3,000 for a wine, beer & cordial license which was the same as the all alcohol and she wondered what the rationale would be. To Mr. Jacobs it seemed somewhat comparable and based on how other communities were charging, there was some correlation between the two. Ms. Gloff didn’t see the correlation.
Mr. Ciccariello asked about the next steps and Ms. White responded that she considered the report finalized and would envision working with the department heads to respond. For the most part the department head could increases on their own without a Board vote.
Mr. Ciccariello recalled that in the past when dealing with the Building Department fees the Board of Selectmen voted to increase those fees. Ms. White suggested that it would be looked at on a case-by-case basis and referenced the By-law.
Mr. Ciccariello asked about the DPW fees and Ms. White thought it appeared as though the DPW could increase their own fees. Ms. Gloff noted that the PAYT fees had been set by the Board of Selectmen.
Mr. Ostroff believed the Town Clerk could set her own fees and Ms. White agreed.
Mr. Ostroff inquired if Mr. Jacobs had looked at the increased revenue if the proposed fees were adopted in their entirety. Mr. Jacobs had provided a summary of some of the meatier ones but said that he could provide a more detailed summary if the fees were to be adjusted. The revenues should be looked at in the context of total revenues and how it fit in.
Going back to the departments changing fees, Ms. Gloff thought the Board should be made aware of what departments could do that. If we, as the Town of Natick, were looking at making some significant changes in fees she might suggest meeting with department heads to hear which suggestions they proposed to implement and not implement. She proposed doing that over some period of meetings.
Looking through the list, Mr. Ciccariello noted the Board of Selectmen had input on Building, Conservation, Council on Aging, Parking, the Selectmen’s licenses, and DPW. The Selectmen were the Commissioners and would want to have some input. He liked Ms. Gloff’s idea. If there were departments over which the Board didn’t have control, they should at least come in and offer a discussion.
Mr. Connolly asked about the By-Law and Deputy Town Administrator Michael Walters-Young responded that on April 13, 1993 Town Meeting voted to adopt Chapter 40, Section 22F. The first paragraph says any municipal board or officer empowered to issue a license, permit, certificate, or to ender a service or perform work for a person or class of persons, may, from time to time, fix reasonable fees for all such licenses, permits, or certificates issued pursuant to statutes or regulations wherein the entire proceeds of the fee remain with such issuing city or town, and may fix reasonable charges to be paid for any services rendered or work performed by the city or town or any department therof, for any person or class of persons; provided, however, that in the case of a board or officer appointed by an elected board, the fixing of such
fee shall be subject to the review and approval of such elected board.
As Ms. Gloff heard it, the DPW could make a proposal but the Board of Selectmen had to review and approve it. Mr. Walters-Young noted that it was whoever was empowered to issue except a board or official appointed by an elected board. The Board of Selectmen appointed the Fire chief, but the DPW Director was appointed by the Town Administrator.
With all due respect, Mr. Connolly felt if there was a substantial fee change the Board of Selectmen would hear from the citizens whether they were happy or unhappy and he thought it was a great idea for the Board to weigh in. He saw the pecking order as the Board of Selectmen being elected and overseeing certain people and the Board answering to the citizens.
Ms. White stated that she didn’t mean to make the whole issue provocative and would be more than happy to take the approach Ms. Gloff suggested.
Mr. Jacobs continued that the Recreation Department was truly unique in how it charged fees. It was probably the shinny example as it relates to people participating in events. His only recommendation was a tier 4 for people who participate and don’t live in Town. The administrative fee was a direct correlation to the service.
With regard to the enterprise fund and establishing a policy for each, Ms. Van Amsterdam inquired if that was something that could be put on a future agenda. Mr. Ciccariello’s reply was, “absolutely”, adding that the golf course was to be self-sustaining. For water & sewer the costs were determined and the appropriate rates charged.
Ms. Van Amsterdam commented that she looked forward to a discussion about the quality of the service and welcomed hearing from the department heads on the quality and a correlation to the fee they may propose setting.
Mr. Ostroff thought it was good news if a fee could be increased in that it helps the town provide a high quality service at a fair price.
Ms. Van Amsterdam asked if the Board needed to vote on the revenue management process to receive a quarterly report. Ms. White gave assurance it was already in the works.
It seemed to Ms. Gloff that if department heads hadn’t had a chance to study the fee proposal they need that opportunity, but she thought the Board of Selectmen needed to decide if it wants to take any changes since most renewals were the beginning of December.
2009 LIQUOR LICENSE FEES
The Board was in receipt of a survey of surrounding towns and the fees charged for liquor licenses.
A motion was made by Ms. Gloff, seconded by Ms. Van Amsterdam, to schedule a public hearing on the 2009 liquor license fees for October 20, 2008. Unanimously voted.
NATICK SERVICE COUNCIL: REQUEST WAIVER OF BUILDING FEE
Mr. Ciccariello noted there was nothing in the book and the agreement was material would be in the briefing book.
Representing the Natick Service Council was the Director Wissa Wissa.
Ms. White noted a letter was received this afternoon. Mr. Ciccariello questioned when it was received and was told it was in an e-mail dated Friday evening.
It was Mr. Ciccariello’s understanding the building fee was approximately $4,000 and Mr. Wissa was asked to appear to explain his intent and what he was seeking.
Mr. Wissa responded that he was seeking a waiver and would love to use the $4,000 for direct service to the Service Council’s clients. The Council was confronted with a major crisis. The number of clients being serviced includes low and limited income individuals and families, single parent households, the unemployed and underemployed, the working poor, those in ill health, the disabled and the elderly. Within the last year they have seen an increase in the case load from 504 to 616 households and he envisioned an increase of at least 30% by the end of this year. Every penny to provide service to their clients would be appreciated.
Mr. Connolly stated that he was one member that advocated for this to be on the agenda and found it awkward to ask for information and not to get it. He received a telephone call from two members of Mr. Wissa’s board asking for consideration. He believed the families could benefit more than the Town and was in favor (of granting the waiver).
Mr. Wissa offered his apologies (for not getting the information in a timely manner) noting that he had to get several other proposals out and was under the gun.
Mr. Ostroff thanked Mr. Ciccariello for putting this on the agenda. He too had heard from a couple members of the Natick Service Council Board. It wasn’t an unreasonable request to get documentation ahead of time and it made it easier for the Board to act on. He noted that he had been told the Service Council’s operating budget had been at a small deficit.
Mr. Wissa responded that this year theoretically the Service Council would make about $4,000 but it would probably again be at a deficit like the past two years.
At Mr. Ostroff’s request that he talk about the project, Mr. Wissa estimated the cost would be approximately $450,000 including putting in the elevator. The Council was moving the pantry and all activities into the old gymnasium at the Coolidge Junior High. There would be about 8,000 square feet so there will be space to expand when needed. It centralizes all of their activities and hopefully can serve many more people at the food pantry.
Noting the Service Council would be moving into the vacant space at the Natick Housing Authority, Mr. Ciccariello inquired if they would be leasing. Mr. Wissa advised that was correct, noting they were paying a minimum rent.
Mr. Ciccariello noted that when Mr. Wissa and he spoke a little over a week ago he (Mr. Wissa) assured him that information would be provided to the Board and part of that was to give the Board the financials and that hasn’t been submitted. Mr. Wissa advised he had a budget with him and a copy of last year’s financials as well as the year before last.
Ms. Gloff inquired as to when the project was intended to start and was told by Mr. Wissa that hopefully it would be within the next few weeks.
Ms. Van Amsterdam asked about the possibility of taking this up on October 20 so members could look through the material. Mr. Ciccariello commented that it had been his intent to have all this material in the books for the Board to review, but it was not. He was sure there would be questions when the members looked through the material.
Mr. Ciccariello inquired if the intent was to do all the construction at once or if it would be phased. Mr. Wissa responded that the hope was to do it all at once. They had the $235,000 to start right away and were submitting a grant that would take less than six weeks to get a yes or no. In follow up Mr. Ciccariello asked if the Service Council was applying for a building permit for the total construction cost. Mr. Wissa confirmed that it would be for the total.
Ms. Van Amsterdam inquired if there were any other instances where non-profits had come forward looking for waivers of this magnitude. Mr. Ciccariello advised that he had had Ms. Challis research and it was found that waivers had been given to the First Congregational Church and to TCAN.
Ms. Gloff pointed out that page 8 under Mariah Hayes said the fund was available to purchase a permanent facility. She questioned if renovation was considered purchase and if Mr. Wissa had gotten a legal opinion. Mr. Wissa’s reply was, “yes”.
If the decision was to waive the entire fee, Mr. Ciccariello asked if the Service Council would propose to provide some other service to the Town of Natick? Mr. Wissa responded that right now they were providing service to 1,500 people and he didn’t see how they could provide any other service. They were stretched to the limit, but if there was a suggestion he would be willing to consider it.
Mr. Ciccariello then inquired if they had licensed individuals providing the service where a license was required. Mr. Wissa advised they did not provide mental health counseling. They provide case management and did not need a license. They were in the process of hiring a licensed social worker.
A motion was made by Ms. Gloff, seconded by Ms. Van Amsterdam, to table to October 20th. The motion passed on a 4-1-0 vote. Mr. Ciccariello, Mr. Ostroff, Ms. Van Amsterdam, Ms. Gloff voted in favor of the motion. Mr. Connolly was opposed.
Speaking to the motion Mr. Ostroff questioned if a two week delay was significant in terms of getting the project lined up. Mr. Wissa thought it was quite significant, adding they would like to start as soon as they could.
Mr. Ciccariello noted that one suggestion so not to delay securing a building permit was for the Council to apply for a building permit, pay the permit fee and the Town Administrator would ensure that the Building Department would not deposit the check until a decision was made. That would not prevent the Service Council from moving forward.
Mr. Ostroff felt that was a creative solution. It came down to the people being served and the dollars being paid for a building permit didn’t go to a client that needs it. Through this compromise he thought the Service Council could get started and give the Board time.
Mr. Connolly inquired if the Service Council Board of Directors knew the information requested wasn’t provided until tonight. Mr. Wissa thought they were aware, but he would inform them as soon as he left the meeting. He offered his apologies.
FALL TOWN MEETING WARRANT ARTICLES
Article 22 – Amend Charter & Bylaws to Provide that Town Clerk Shall be an Appointed Position
The Chair of the Personnel Board Steven Levinsky explained that the purpose of the article was to begin the process of changing the Town Clerk from an elected to appointed position for purposes of placing it in front of the voters. The Personnel Board considered this matter 2-3 years ago and this summer received several calls asking them to consider it again. The rationale was similar to a couple of years ago.
Since the first Town Clerk was elected in 1800, it’s become more technical. The Town has grown quite a bit and the feeling was the position required somebody that comes in and has some experience. A job description was developed with 12 specific knowledge, skills, and abilities and a minimum education and experience. By contrast the only criterion for being elected was being a resident of the town and a registered voter. The suggestion was for the position to be appointed by the Town Administrator who would provide the appropriate day-to-day supervision and set goals for the position and the department and provide performance feedback. The Finance Committee supported the article on a 9-3 vote.
At Ms. Gloff’s request Mr. Levinsky agreed to provide the Board with a copy of the job description, noting it was developed in conjunction with the State Association.
Mr. Connolly stated that the last time he opposed this change, but this time he would not. He questioned why the appointment would be made by the Town Administrator as opposed to the Board of Selectmen and Mr. Levinsky explained it would provide a separation between the direct elected official and the ability for the Town Administrator to provide the day-to-day direction was important.
Mr. Connolly pointed out that the Board appointed the Fire Chief and Police Chief and he thought those positions work well with the Town Administrator. That (appointment by the Town Administrator) was his biggest concern. He wouldn’t argue the point that the position has changed, but he thought it was important for the Board of Selectmen to make the appointment.
Mr. Ostroff recalled that when it came before Town Meeting and did not pass, at that time there was at least one persuasive argument about the perceived conflict between elected officials and the appointment of a Town Clerk. He noted there was some discussion at the Finance Committee about other communities, and Mr. Levinsky responded that the Personnel Director and he reached out to a number of communities to find out the norm. There were a number of communities with elected Town Clerks. A number had appointed Clerks with a Town Manager and in that case the Town Manager was the appointing authority, but a small subset of communities with an appointed Town Clerk and a Town Administrator. It was a mixed bag.
Mr. Ostroff pointed out that if the Board wanted to support the article it may do so with one or more stipulations. There was an option.
It was Mr. Ciccariello’s recollection that when this came to Town Meeting two years ago there was a lot of debate on Town Meeting floor and a lot of comments. There were people that expressed opinions that the Board of Selectmen might not be the right board to do the appointment. He (Mr. Ciccariello) didn’t know how he felt about it. To him it was more of the process of how you went about making the appointment. He thought the article warranted debate on Town Meeting floor.
Ms. Van Amsterdam was disappointed the Board didn’t have a job description to look at, but said she was comfortable with the Town Administrator appointing the individual based on the criteria in the missing job description. The employees who work in the Clerk’s Office are Town employees and they automatically report to the Town Administrator and fall under any performance evaluation systems (established by the Town Administrator) so it made more sense to have the Town Administrator make the appointment.
As Ms. Gloff remembered it, one argument was that the Board of Selectmen were elected officials and should the person was in charge of elections report to the Board of Selectmen. She could understand that rationale and thought it made some sense to have the person who was responsible administratively for running the election to report to the Town’s top administration.
Ms. Gloff moved to support favorable action of Article 22. Seconded by Mr. Ostroff. The motion passed on a 4-1-0 vote. Mr. Ciccariello, Mr. Ostroff, Ms. Van Amsterdam, Ms. Gloff voted in favor of the motion. Mr. Connolly was opposed.
Speaking to the motion Mr. Connolly stated that his vote would be against based on the Town Administrator making the appointment. The Board of Selectmen oversees the administration not the other way around and he thought that pecking order had to be kept in mind. He felt the appointment should be made by the Board of Selectmen. He saw the administration taking more of a role over the Board of Selectmen and thought the accountability to the citizens was something the Board should embrace.
Mr. Ciccariello didn’t know if he wanted the Board as the appointing authority or the Town Administrator but he would support the article. Ms. Gloff made a good point that the Selectmen were elected officials and the Town Clerk ran the election.
Article 1 – Omnibus Budget Fiscal 2009
Ms. White noted a number of changes were being proposed to amend the current operating budget:
Fire Department Training - $24,000: The training was for high rise operations, use of thermal imaging cameras and large area search operations. Funding would be from Mall mitigation funds. Ms. White advised that she had been in touch with General Growth Properties with respect to the use of the mitigation funds for the purposes proposed under this item as well as Article 4 and expect a reply from them prior to Town Meeting. The impact to the West Natick station would be a little over $89,000 which was actually reduced from a couple of weeks ago.
Supplement Building Maintenance budget - $60,000: This was essentially to provide for a different method of accounting for revenues and expenses associated with the Eliot School. Presently, these revenues and expenses were handled similarly to a revolving fund. More Appropriate would be for the lease payments to come into the general fund as local receipts and expenses to be funded from the Building Maintenance budget. A supplement to this budget later in the year was virtually inevitable due to the unfortunate terms of the lease that place utility costs on the town. Mr. Ciccariello asked that Ms. White keep the Board apprised.
Supplement Highway/Sanitation budget - $35,000: This was a change in accounting method. A revolving fund previously existed for the bulky waste program and upon review it has been determined that the revolving fund was no longer needed. It made sense when the cost of the program was much greater due to the overtime costs involved. But now, with the bulky waste pickups being done on Monday, the cost of the program should be absorbed by the Department. The fees associated with the program would go to Local Receipts and the tipping and disposal fees will be paid from the department.
LFNR Pump Test and Calibration - $5,000: This will meter the irrigation wells to calculate and record irrigation water use. The three reasons to support funding for this line item were a) to comply with the Water Management Act; b) to manage costs of the technical data needed to develop and construct a new irrigation at the golf course required by the state to support a plan change to the MEPA Certificate issued in the late 1990’s for the golf course; c) to meet the sustainability goals of the Natick 360 plan.
With respect to the proposed irrigation well at the golf course, Mr. Ciccariello inquired if the Town was in violation of the Water Act. Environmental Compliance Officer Robert Bois responded that he was not aware of any violation and added that if the Town stayed under the permit threshold, the Town did not need to apply for a permit which would save money.
Mr. Ciccariello noted that this well had been talked about for the past 5-6 years and his concern was that this $50,000-$100,000 number has been used every year and how close was it.
Mr. Bois replied that 3-4 years ago an RFP was issued for construction and location and at that time the well would have been by the soccer fields and took into account piping into the irrigation system on the golf course. This well was closer.
Asked if this was just for the golf course, Mr. Bois said no. It was town wide.
Mr. Ostroff noted that should there be a favorable determination and the decision was made to move forward with the irrigation well for the golf course, it would impact the water & sewer enterprise fund and affect the rates. Mr. Bois concurred.
Mr. Ciccariello inquired as to the source of funding and was told by Ms. White it would the tax levy. Mr. Ostroff questioned why it wouldn’t be the water & sewer enterprise fund and Ms. White responded that it wasn’t actually related. The golf course may use the well.
COA Transportation - $2,000: This funding will cover increases in cost for the mileage reimbursement rate for volunteers who drive seniors to their doctors’ appointments and the taxi voucher program; actual costs have increased in both areas.
Reimburse Reserve Fund - $100,000: The Town had to proceed with investigative and engineering work on the South Natick dam, but were unable to borrow the funds that had been authorized at the 2008 Spring Annual Town Meeting due to the posting problem. The Finance Committee advanced a portion of the authorized funds from their Reserve Fund so the work could proceed. Given the early stage of the fiscal year and the significant portion of the whole of the Reserve Fund, it was felt that it would be best to seek reimbursement for them.
Since this was an historic area, Mr. Connolly asked if any grants had been explored. Ms. White advised the administration was looking into the possibility of some grants for the dam, bridge, and park as a whole but this work was not related to anything scenic. She assured the Board she would continue to pursue grant opportunities.
Amendments to Debt Schedule - $100,000: The Finance Director refinanced one of the bond issuances resulting in savings to the Town of $354,780. This savings was offset by a repayment by the state on the Brown School of their portion in full; accordingly the Town will not be receiving these funds in future SBA reimbursements. The net savings for FY09 was $50,197. Savings in this range will continue through the life of these bonds.
DPW Pump Station Repairs - $50,000: In conjunction with a scheduled upgrade to a sewer pumping station, the DPW installed an emergency power generator which the developers of the Cloverleaf 40B project had agreed to fund. This item seeks to reimburse the DPW’s costs from Cloverleaf mitigation funds.
DPW water treatment plant repairs - $150,000: Repairs were needed to the water treatment plant after damage caused by a lightning strike. This item would reimburse the department for the costs they incurred. Reimbursement was from insurance proceeds associated with the event.
Route 27 design funding - $35,000: This MathWorks mitigation will be combined with the already appropriated mitigation totaling $680,000 and will allow the Town to fully fund the Route 27 design contract.
Mr. Ciccariello noted that most of these items would not impact this year’s budget. Ms. White believed it was accurate to say the only impact was the $2,000 for the Council on Aging. All the others were either a different way to expense items or mitigation.
At Mr. Ciccariello’s request for an update on the budget, Ms. White provided a brief summary. She noted there was so much in the news nationwide and in the state that has raised a number of concerns and the key financial folks for the Town were meeting almost daily. There were a number of concerns about revenues and expenditures in this current fiscal year and beyond. Two major concerns with expenses were the rising fuel and utility costs and on the revenue side the concern was with lower than expected receipts driven largely by new growth, lower housing starts, excise tax, and investment income. With respect to state aid there was some talk about the Governor seeking authority to reduce this year’s state aid. That had always been budgeted and there was talk about a 15% reduction in Fiscal 2010.
Ms. White continued that there was concern about the School Department putting forward Article 2 seeking funds for special education and transportation needs. The School Department Chair has made a commitment, although not voted on by the School Committee, to defer action until April when the Town would have the greater picture. She would be deferring capital at Town Meeting due to so many concerns.
Ms. White advised that at this point we did not have a free cash number but $3 million in free cash was committed to balance Fiscal 2010. The plan at this Town Meeting was to spend no free cash. That was driven largely by the plan to use $3 million for Fiscal 2010 and what April Town Meeting would bring. There were a large number of issues – the high school and senior center as potential debt exclusions, under way was determining the OPEB liability and at some point the Town will have to start budgeting that liability.
On the good news, a lot of good things were being done – energy savings, the Neighborhood Bus transition into the RTA, looking into opportunities for revenue generating, i.e. commercial antennas on safety towers, the fee analysis presented tonight and having the Assessors sign off on certificates of occupancy. The administration was looking for opportunities to maximize the revenues and reduce the costs. The refinancing of the debt by the Finance Director produced savings. It was one of the scariest financial years in which she had been involved. A perfect storm was brewing out there. She talked to some of the staff to institute a hiring freeze. There will be some positions that cannot be left vacant, but if a position occurs it will be evaluated carefully. If the calculation was made that
the Town could not do without the position, she would be making a compelling case to the Board, but she suspected some positions would be left unfilled. Revenues will be monitored on a quarterly basis.
Lastly, Ms. White said she would propose to re-establish the Financial Planning Committee comprised of 2 members of the Board of Selectmen, 2 members of the Finance Committee, 2 members of the School Committee, the Town Administrator, and School Superintendent. Primarily it would ensure good communication among the three boards at this critical juncture.
Mr. Ciccariello requested that at some point the Board be given an overview of all the investments and rate of return. His second concern was the Retirement Board and their investments and if they (investments) declined, how much did the tax levy have to fund. Third, was the golf course deficit.
Ms. White advised that the golf course deficit was being looked at. The rounds played at the course were down dramatically. They (golf course) have been making changes almost daily to reduce costs but the rounds were down. On the Retirement Board, the administration was trying to get the information. The issues between the auditors and the Retirement Board were progressing.
Mr. Ciccariello asked the Board members if there were any objections to the Financial Planning Committee. The Chair of the Finance Committee was in favor and the Chair of the School Committee called him (Mr. Ciccariello) to say he would like the committee to continue. Mr. Ciccariello noted that originally he and Ms. Gloff were the two representatives from the Board of Selectmen.
Particularly with the new Superintendent Mr. Ostroff thought it (Committee) would be helpful to give him an opportunity to establish a good working relationship and the need to take a long-range view was worthy.
If neither Mr. Ciccariello nor Ms. Gloff wished to serve on the Committee, Ms. Van Amsterdam said she would be happy to do it.
Mr. Connolly inquired if this was to represent the Board’s opinion or their individual opinions. Mr. Ciccariello explained that the group did not have any authority to make a decision. It was to go through all the financial information and report back to the Board.
Ms. White thought Mr. Ciccariello had accurately characterized the purpose of the committee and added that one of the greatest values was the sharing across the three boards. Part of the charge was to review revenue projections to make sure all agreed with the projection.
Ms. Gloff noted that a couple of times the committee voted to make a recommendation to the Board but that was all it was – a recommendation.
Both Mr. Ciccariello and Ms. Gloff stated they were interested in staying on the Financial Planning Committee.
Mr. Connolly thought it was important to recognize there were instances where boards could work together.
A motion was made by Ms. Gloff to support favorable action on Article 1 for all the items. Seconded by Ms. Van Amsterdam and unanimously voted.
Article 4 – Capital Equipment
Ms. White advised that all of the capital equipment was for the Fire Department request and favorably voted by the Finance Committee for $103,000. When the Fire Chief last appeared before the Board the mobile data terminal was an area of concern and working with the IT Department and folks in the Fire Department they put together a proposal she would characterize as compelling as a test case. She believed the goal was one worth aiming toward and thought a pilot program in the command car made a lot of sense. The Station 4 money would be $89,427 which less than the Board of Selectmen identified.
The list of items were as follows:
Digitizer $30,300
Thermal imaging camera for E-2 $12,000
Thermal imaging camera for E-3 $12,000
Thermal imaging camera for E-4 $12,000
Thermal imaging camera for E-1 $12,000
Large area search kit E-1 $ 1,500
Large area search kit E-2 $ 1,500
Large area search kit E-3 $ 1,500
Large area search kit E-4 $ 1,500
Large area search kit L-1 $ 1,500
Combustible gas meter E-1 $ 1,200
Combustible gas meter E-2 $ 1,200
Combustible gas meter E-3 $ 1,200
Combustible gas meter E-4 $ 1,200
Mobile data terminal for C-2 $ 4,400
Carboxy hemoglobin analyzer A-1 $ 4,000
Carboxy hemoglobin analyzer A-2 $ 4,000
$103,000
Funding Plan – Available Mitigation Funds
Increased Foam Capability $ 7,000
Preplanning $ 6,573
Station 4 $89,427
Ms. Gloff inquired if the Town Administrator and the Fire Chief were in agreement with this list. Ms. White’s response was, “wholeheartedly”.
If approved at Town Meeting, Mr. Ciccariello asked if this would be put out for public bid. Ms. White indicated that it would unless some items were available on a state bid list.
If the $103,000 wasn’t spent, it was Mr. Ciccariello’s understanding those funds would come back to the Mall mitigation account. Ms. White advised that was correct or the funds wouldn’t be expended in the first place. The Mall mitigation would be expended last.
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to support Article 4. As the seconder Ms. Gloff amended the motion to stipulate that the use of the Mall mitigation money be agreeable to General Growth.
Article 5 – Capital Improvements
Ms. White informed the Board that Article 5 was not as yet ready. Initially there were two items listed. One was a grant that wasn’t given to anybody in Massachusetts. The second involved the repairs and/or replacement of the HVAC systems at Town Hall and the Police/Fire station and they were still looking for opportunities for repair. There was a meeting today with the DPW, Mr. Ciccariello, a member of the Finance Committee and herself trying to get something for this Town Meeting. She would be coming back October 20 and if something could be put together with a certainty of it being the right solution, she would be looking for quick action from the Finance Committee and Board of Selectmen.
Mr. Connolly stated that he had a conversation with Mr. Lovett. The boiler had a certain life expectancy and the Town didn’t get it and he just wanted to be sure the tax dollars were spent wisely or accountability for the lack thereof. He didn’t want to miss the opportunity to explore the accountability issue and get the best bang for the buck. He wanted to take a real hard look at that.
Mr. Ciccariello responded that the Town Administrator had been speaking with Town Counsel regarding any legal action that might be available. There was some indication relative to the original design vs what was installed and the engineer the Town hired to look at these has issued a report on what happened.
Mr. Connolly believed the Board owed it to the citizens to be able to tell them that the Board looked into it.
Article 13 – Insurance Subsidy for Retirees
Ms. White noted this was a follow-up to the adoption of Section 18. The article would allow consideration of payment of a higher contribution rate to the retiree’s program. She was recommending no action. After an exhaustive review on the impact on the retirees, the savings to the town, future costs and the financial state of the Town, she could not recommend a change to the contribution rate at this time.
Article 19 – Amend Zoning By-Laws: Parking Modification Downtown and HOOP Districts
Article 20 – Home Rule Petition: Fund for New Parking in Downtown Mixed Use and HOOP Zoning Districts
Community Development Director Patrick Reffett advised that Articles 19 and 20 were companion articles. One was to reduce parking requirements in the downtown and the other was to create a fund which allowed for a fund to be created that allowed the Town to pursue the ability to obtain and construct parking spaces around town. This was an economic development effort that has been worked on for awhile.
The biggest difficulty for downtown Natick in terms of economic development capacity was to allow the private sector to lease parking. The Planning Board members would attest the parking requirements, particularly in residential were excessive compared to the State and other communities. Article 19 tried to modestly pull back the parking requirements in the downtown, particularly the HOOP for a studio 1 space; 1 bedroom 1 spaces; 2 bedroom 1.5 spaces, 3 bedrooms 2 spaces. That was with respect to residential.
With respect to commercial, what was being suggested was to allow development projects to reduce their level of parking by up to 10% and when projects didn’t have the ability for a full complement, they would have the ability to pay in based on the mitigation number. For residential spaces one space would be $6,000 in one time mitigation payment which was the subject of Article 20.
Mr. Reffett continued that Article 20 required a home rule petition. There were other communities that have done this. Our parking numbers weren’t what they need to be, but it didn’t allow developers to utilize future projects.
Mr. Ostroff requested Mr. Reffett to talk about the commercial changes and Mr. Reffett responded that one suggested change with respect to the approach to downtown parking was to have the Planning Board as special permit granting authority in the majority of cases, although there may be some instances where a variance was needed which would be the ZBA, be the rendering body of parking reductions. It would relieve the Board of Selectmen from undertaking the process as the Board exercised with the funeral home. The Planning Board focuses a great deal on parking on development projects and they would have the responsibility for that review and approval.
Mr. Ciccariello inquired if every project required ZBA or Planning Board approval. Mr. Reffett’s response was not necessarily. There were certain by right uses.
It was Mr. Ciccariello’s understanding that under this article if a developer couldn’t provide the parking required, they would go to the Planning Board. Mr. Reffett advised that if the developer was not seeking a variance they would go to the Planning Board. Under the HOOP to the Planning Board and for a variance they would go to the ZBA.
If a developer wanted to put up a building and couldn’t provide the parking, Mr. Ciccariello asked if that would be the Planning Board. Mr. Reffett believed it would be. Mr. Ciccariello questioned if that was clear and Mr. Reffett conceded that could be made clearer.
Mr. Connolly applauded everyone’s efforts but wondered if there would be more congestion. Mr. Reffett noted that it could be looked at the way Cambridge did – there would be fewer cars, less parking, and more pedestrian.
Mr. Ostroff added that this was looked at as part of a larger strategy. The Board will be talking about a quote for design service for a municipal garage to be developed as a public private partnership and potentially a DIF (District Improvement Financing). He thought the bigger picture was the day time parking for employees. There was a shortage and this was one of several ways to solve it. Since residential developments had parking requirements higher than they needed to be, developers would be given the opportunity to buy down the difference. That fund was part of the money used to invest in parking downtown. As this was developed by the Planning Board, he felt the Board should understand there wouldn’t be people coming before the Board looking for a parking waiver.
Mr. Reffett pointed out another element was that the income generated was under the purview of the Board of Selectmen.
Mr. Ciccariello thought Town Meeting would have to vote to appropriate the use of those funds, but Ms. Gloff advised the Finance Committee was playing around with that but didn’t get a vote.
On a motion by Mr. Connolly, seconded by Ms. Gloff, the Board unanimously voted to support Article 19.
On a motion by Mr. Connolly, seconded by Ms. Gloff, the Board unanimously voted to support Article 20.
Article 23 – Hear a Report from Town Administrator and Human Services Director in Response to Referral Under Article 30 of the 2008 Spring Annual Town Meeting
Ms. White noted that this relates to a report the Human Service Director and she planned to give that went back to an article on the 2007 warrant. The article was referred back and they felt it was important to report back to Town Meeting on the progress.
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to support hearing the report under Article 23.
Article 27 – Citizen Petition: Plan to Address Possible Passage of State Ballot Question Reducing Income Tax
Ms. White advised the lead sponsor of the article, David Margil, has asked the School Superintendent and herself to give a report on their assessment of Question #1 on the state ballot were it to pass.
Mr. Connolly stated that he would like to hear what Mr. Margil had to say. His gut feeling this was a form of a campaign.
Mr. Ostroff stated that he was in favor of hearing from the Superintendent and the Town Administrator on the likely affects if this question were to pass.
Mr. Connolly asked if there would be someone speaking to the positive (of Question #1), and Mr. Ostroff responded that he would be amazed if a lot of perspectives weren’t heard.
The Board agreed to have the sponsor make a presentation at the October 20 meeting.
Article 28 – Citizen Petition: Amend Zoning By-Laws: Infrastructure for Electrically Charged Vehicles
Ms. White reported that the petitioner would be asking for referral to the Planning Board.
SPECIAL TOWN MEETING #3 WARRANT ARTICLES
Ms. White noted that a recommendation had previously been made for Article 1 – the ratification of prior Town Meeting votes.
Article 2 – School Committee: Additional Funds for High School Feasibility Study
Ms. Gloff inquired as to how much and why and Ms. White responded that the article $30,000 specifically for a position entitled procurement manager. This was another on the list of SBA requirements. It has to be an existing staff position. This would be an amount not to exceed $30,000 over what would be a three year time period. Bob Graham, the Facilities Director for the Schools has been appointed and the $30,000 would be for a stipend.
Ms. White continued that when the School Building committee voted to appoint him, the Town administration was not aware he would receive additional compensation nor were they aware Mr. Graham received additional compensation for Wilson. In addition to his (Mr. Graham’s) forty hours he will have to attend other meetings and the School Committee decided that he should receive a stipend. The $30,000 will cover three years and was a reimbursable expense from the State.
A motion was made by Ms. Gloff to support favorable action on Article 2. Seconded by Ms. Van Amsterdam and unanimously voted.
MIDDLESEX GARAGE RFP: AWARD CONTRACT
Deputy Town Administrator Michael Walters Young reviewed the process for soliciting responses to the RFP for design services for the Middlesex parking garage. A notice was posted on the web site and a solicitation was sent to seven firms on September 19, 2008. On October 2, 2008 the Town received one responsive proposal from Desman Associates, Inc.
If the Board authorized the administration to enter into negotiations with Desman Associates, Mr. Walters Young advised it would do so for a contract not to exceed $10,000 for schematic design and cost estimates. The schedule was expected to be about 6 weeks. If a contract agreement was reached, he expected the actual contract would be brought back to the Board in two weeks and the clock would start running and should be back by the beginning of the year.
Mr. Walters Young advised funds were available from the original appropriation.
A motion was made by Ms. Gloff to authorize the Town Administrator to enter into negotiations with Desman Associates, Inc. for schematic design for the Middlesex parking garage in an amount not to exceed $10,000. Seconded by Ms. Van Amsterdam and unanimously voted.
Ms. Gloff inquired as to where the money would come from to build the garage and Mr. Ciccariello responded that one of the reasons it was decided to look at alternatives to enter the garage from three levels was that there was an interest from the Natick Center Associates to do a joint partnership. An RFP could be put out and Natick Center Associates could build it themselves under a lease.
AMENDMENT TO LEASE WITH NATICK DISTRICT COURT
Ms. White stated that she would be coming before the board with an amendment to the lease with the Natick District Court. She explained this was driven to provide heat to the building which at the time had none. The Town was obligated to provide heat, but the State has expressed a willingness to share in the cost. However, they wanted an extension of the lease to October 2010. She had hoped to have an extension before the Board but hadn’t received it from the State.
MINUTES
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve the minutes of the March 31, 2008 meeting.
SPOOKTACULAR: REQUEST TO CLOSE STREETS, USE COMMON
On a motion by Ms. Gloff, the Board approved the Recreation & Parks Department’s request to use the Natick Common October 25 from 12:30-4:00 p.m. for the Spooktacular Event. Ms. Gloff further moved to approve the closing of Park Street from 12:30-4:00 p.m. along with Court Street from 2:00-3:00 p.m. for the parade and pumpkin smash. Seconded by Ms. Van Amsterdam and unanimously voted.
CHABAD CENTER: USE OF COMMON
A motion was made by Mr. Ostroff, seconded by Ms. Van Amsterdam, to approve the Chabad Center of Natick’s request to display the Menorah on the Natick Common for the period of December 16-December 31, 2008. Unanimously voted.
TOWN ADMINISTRATOR NOTES
Ms. White referred to the resignation from the Comptroller, Fred Witte, noting this would be one position they would be looking to fill with the Board’s Support.
Mr. Ciccariello said the Comptroller’s position was a Board appointment and asked if the Board wanted to have a couple of members of the Board work with the Town Administrator to draft some information. Both Mr. Connolly and Mr. Ostroff offered their assistance.
Mr. Connolly raised the possibility of an exit interview with Mr. Witte and Mr. Ciccariello suggested asking him to come before the Board to make a presentation. Ms. White was concerned that could get into some areas of confidentiality. The Board had asked for quarterly visits from the Comptroller. One was scheduled for October and she would reach out to see if he was available.
Mr. Ostroff pointed out that if a committee were established to oversee the process, it would be subject to the Open Meeting Law.
As the financial liaison Ms. Van Amsterdam thought all that would be needed would be another member to work with herself and the Personnel Director to see if the job description was still current and monitor the time schedule.
Ms. White reported that she held the Kimler Dog Hearing and would report her recommendations at the October 20 meeting.
Ms. White advised that she had been working with the Council on Aging & Human Services Director Moira Munns to form an Energy Crisis Task Force which met for the first time this morning to address the increased costs of fuel and electricity. Fifty different organizations were invited to participate to brainstorm about creative ways to help folks. Even with additional federal funding, there wasn’t expected to be adequate funds to meet all the needs of Natick. The intent of the task force was to reach out to be creative in what could be done to help.
One idea that came out of this morning’s meeting was to create a fund where donations could be made. That fund was in the process of being set up now.
Ms. White reminded everyone of the Open House and Reception to be held in Town Hall on November 13.
SELECTMEN’S CONCERNS
- Appreciation to DPW Highway Supervisor and Director of Assessment
Mr. Connolly noted that two weeks ago he had office hours at the Senior Center and forwarded a list of issues to DPW Highway Supervisor Tom Hladick. Mr. Hladick was excellent in responding.
Mr. Connolly also noted that he had a nice discussion with Jan Dangelo, Director of Assessment, and she too was very good.
- Pedestrian Crossing at Boden Lane
Mr. Connolly referenced a letter regarding the pedestrian crossing and safety on Boden Lane and requested that it be looked into. He was interested in knowing how many citations had been issued there last year and noted that he had asked the Procurement Officer to get back to him on the cost of the big yellow signs.
- Nstar Telephone Pole – Hartford Street
Mr. Connolly asked about the Nstar double telephone pole on Hartford Street. Ms. White advised this was an ongoing issue that Nstar was supposed to be chipping away at but she didn’t think as much progress had been made as anyone wished. If the Board wished, Nstar could be invited in.
Mr. Ciccariello indicated that he would try to get it on the agenda.
- Spring Town Meeting Warrant Article
Mr. Connolly advised there were some strong local laws for sexual predators and he had an interest in putting an article on the Spring Town Meeting warrant. He would keep the Chair aware of whatever he did.
Ms. Gloff noted the Senior Center and Human Services Department continued to need people willing to drive citizens to medical appointments, etc. She just finished her training to do that this morning and she encouraged anybody out there that had some flexibility in their schedule and may be willing to do it to call the Senior Center. There may be some money available for gas reimbursement.
- Expense Control Task Force
Ms. Van Amsterdam noted the Expense Control Task Force would be presenting their interim report to the Board on October 20. She urged everyone to read the minutes posted on the web site prior to the meeting.
Ms. Van Amsterdam requested that the budget be an item on each agenda. In addition if there were specific goals in a department head’s objectives that may have an impact on the budget, she wondered if there was a way to accelerate those.
Ms. Van Amsterdam asked about planning a retreat on the strategy for union negotiations. She thought it was important that it not get off the radar.
Mr. Ostroff requested an update at an upcoming meeting from the counsel hired to look at back taxes and progress on the Mall permit fees.
- MMA Selectmen’s Association
Mr. Ostroff reminded the Board that the conference of the MMA Selectmen’s Association was being held on October 18.
Mr. Ostroff announced that IT Director Robert LeFranciose was putting the financial assistance summary form on the web site.
Mr. Connolly noted reports of Town employees doing work on fields and Town Hall on weekends and requested an update.
- Field Maintenance Contract
Mr. Connolly noted that when the contract was awarded for maintenance of the fields the contract did not include picking up the grass and sometimes the employees had to go out. He thought whatever work the Town did after the fact should have been included in the contract.
ADJOURNMENT
The meeting was adjourned at 11:30 p.m.
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Kristine Van Amsterdam, Clerk
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