BOARD OF SELECTMEN
Natick Town Hall
June 15, 2009
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 L. White, Town Administrator; Donna Challis, Secretary
WARRANTS: Payroll warrants were signed by the Board of Selectmen on June 15, 2009 in the amount of $597,545.76. This figure was included in total warrants signed by the Board of Selectmen of $1,635,540.76.
EXECUTIVE SESSION
Ms. Gloff, seconded by Ms. Van Amsterdam, moved to enter into executive session to discuss matters pertaining to collective bargaining and compensation of non-union personnel. By roll call vote the motion passed on a 5-0-0 vote. At 6:03 p.m. the Board entered into executive session after announcing that the meeting would return to open session.
The open session was reconvened at 7:05 p.m.
RECOGNITION OF DAVID BAIER
On behalf of the Golf Course Oversight Committee, Robert Healy presented David Baier with a plaque in recognition of his service as a member and as Chair of the Golf Course Oversight Committee since its formation.
The golf course has seen some difficult times and Mr. Ciccariello recognized Mr. Baier for the stability he brought to the Advisory Committee and his good ideas and thoughts for helping get through the difficult times. He appreciated Mr. Baier’s contributions to the Town and noted that he (Mr. Ciccariello) would personally be sorry to see an excellent volunteer move on.
On behalf of the Board of Selectmen, Mr. Ciccariello thanked Mr. Baier for his service.
Mr. Baier thanked Mr. Ciccariello and Mr. Healy for their kind words and noted that he was an original member of the Golf Course Advisory Committee but just one of many that served. He recognized the Board for their support in trying to get the facility going. It was the only multi-generational recreational facility in Town and something of which to be proud. There have been some difficult times but the future was bright.
In conclusion Mr. Baier stated that it had been his pleasure to serve on this committee and he was very grateful for the opportunity.
INTERIM TOWN CLERK – TOWN CENSUS
Interim Town Clerk Onorina Maloney noted that the 2009 Town census was mailed in January and to date 70% of the forms were returned. She thanked all the households that have returned the forms and urged anyone that had not returned them to do so.
Ms. Maloney reminded everyone that all members of each household must be included in the forms. The census forms were available on line, at the Senior Center, the library or in the Town Clerk’s Office. The information was mandated by state laws and it was important to maintain an accurate population count as it determined the allocation of funds and Congressional seats. Failure to return the forms could affect someone’s ability to vote.
POLICE CHIEF APPOINTMENT PROCESS
Ms. White informed the Board that she had been in frequent communication with the Civil Service Division regarding the Police Chief appointment process. The Board has properly made a provisional promotion in that the promotion was from the next lowest rank willing
to accept the position and there was no eligible list available. Once that list was established, however, the provisional promotion was void. In speaking to counsel his experience was that Human Resources Division would allow for a 30 day period to make an appointment.
POLICE CHIEF APPOINTMENT PROCESS (contd)
Accordingly, she (Ms. White) thought it would be potentially tricky and difficult for the appointment of an interim chief to a specified date. In a memo to the Board Ms. White attached the chronology of the prior Personnel Director in the Fire Chief process. Also attached to the memorandum was a draft letter to HRD requesting issuance of a delegation agreement to use an assessment center as the sole ranking device.
Ms. White advised that from this point to the appointment of a fire chief took about 4-1/2 months. If the assessment center was the direction the Board wanted to go, she felt that the appointment of a police chief could be done in that timeframe. The next statewide police chief exam was scheduled for next May and results would not be available for about 3-4 months after that.
Ms. Van Amsterdam inquired as to the definition of an eligible list and Ms. White responded that if the Board went with the assessment center as the sole ranking device a consultant would conduct an assessment center and once that was completed the results would be submitted to HRD and HRD would certified the results. That would become the eligible list.
If the Board were to delay on deciding upon whether to go open competitive, promotional, assessment center, etc., Ms. Van Amsterdam interpreted that to mean were was no eligible list. Ms. White confirmed that to be correct.
Mr. Ciccariello noted that the Board already took a vote for a one year interim appointment, but in reviewing the schedule if the Board didn’t do an assessment center and decided to wait until May 2010 for the next scheduled exam, it could be into September or October of 2010 before a decision may be made on a new police chief which was substantially longer than anticipated under a one year interim appointment. If the Board went to an assessment center, it would be about five months from the start date so starting in August would put it into a year. Mr. Ciccariello inquired if that would also apply if an open assessment center was done with more individuals applying and the process might take longer.
Ms. White noted that if an open competitive process was done and an assessment center was used it would be more time consuming and more costly. Asked if she had any thoughts as to the cost, Ms. White noted that she had the cost from the assessment center used for the fire chief but not in front of her.
Mr. Connolly thought he needed more information before he could vote.
Ms. White advised that if the Board wanted to go in the direction of an assessment center there had to be a vote authorizing the Chair to send a letter into HRD but it didn’t need to be done tonight if the Board wasn’t ready.
If the Board chose an inhouse exam, Mr. Connolly questioned if the choice would be from 3 or 4 lieutenants or would Lt. Mabardy be eligible to apply. Ms. Gloff explained that under HRD the Board made Lt. Mabardy a provisional chief but in their system he was still a grade of lieutenant.
Mr. Ostroff stated that it was not his preference to have a one year interim appointment. His preference was to use the interim as a bridge for as short a time as possible, but the majority voted to make it a one year appointment. That being the case he was in no rush to make a request of HRD. He would like the opportunity to meet with the sergeants. He would probably rule out an open assessment center because he thought the Town would end up paying a lot of money, but he would rather not rush into it and take a little more time given that the Board wants to take a year.
Ms. Van Amsterdam concurred, adding that she was in no rush at this point.
Ms. Gloff agreed there was no need to rush. She didn’t want to let the decision go until the end of the year, but given that summer was almost upon us perhaps the Board should take the time to gather the information needed and vote on this the end of the summer.
Referring to the draft letter, Mr. Ciccariello noted that the second paragraph said that in addition to the assessment center score, there
POLICE CHIEF APPOINTMENT PROCESS (contd)
would be an education and experience score. Did that mean the interim chief got a leg up on any other candidate?
Ms. White responded that she would think not because in the eyes of HRD, Interim Chief Mabardy was not a chief, but she would be happy to confirm.
Mr. Ciccariello requested that Ms. White provide the Board with a list of potential consultants for the assessment center and a range of fees.
As far as putting the matter back on the agenda, people were starting to take a vacation and Mr. Ciccariello wanted to think about when would be the best time.
NSTAR, VERIZON, COMCAST: UPDATE ON DOUBLE POLES
Ms. White advised that this was a follow-up to a prior discussion with the different utility companies about double poles. There was an ongoing concern with the number. The DPW brought to her attention some double poles on Speen Street that was problematic because they (DPW) haven’t been able to finish the road work because there were double poles and in one case triple poles.
Ms. White noted that she spoke with Nstar Community Relations Representative Joanne O’Leary about the data base that’s been created. It appears to be pretty much working although there were still a lot of double poles. It’s a good tool to allow a company to know when it was their turn to move the wires and it was incumbent upon each utility including the Town to check into the data base on a weekly basis to find out the status. It was a good tool but there were still 100’s of poles.
Mr. Ciccariello asked if there was a copy of the data base available. Ms. White advised there was not. Ms. O’Leary submitted a print out showing there were 235 locations.
Mr. Ciccariello inquired as to how to solve the problem on Speen Street. Ms. O’Leary noted that she had just provided an updated summary showing there were 246 double poles. Most were jointly owned by Verizon and Nstar. Nstar had responsibility for setting and removing the poles, but there was a series of wires and equipment that must be moved. When there was a lag time there might be a chunk left as a way of cleaning up.
Ms. O’Leary stated that she was proud to say that of the 235 as of Thursday last week there were six transfers conducted. Speen Street was a highlight of the DPW Director, and it was a situation where RCN was on a pole and the RCN rep working at NSTAR would make that transfer and the next person on the list would be receiving notification. The DPW suggested a few others and NSTAR was off of those. She added that RCN only had 15 on Thursday, but with all the changes in the field they were up to 60 and they were doing a push to get them cleaned up. When Verizon was off, it was a push for Nstar to get the pole removed.
Ms. Gloff inquired as to the order and Ms. O’Leary explained that although it would change slightly, most of the time the electric was on top then the street light, fire alarm, fiber (CCG, MCI Metro), cable TV (Comcast and RCN) and typically the last was Verizon.
Mr. Connolly inquired as to the number removed completely in the last year. Ms. O’Leary didn’t have that count, but in all communities served by Nstar there was a real push to remove the poles. In all the communities in which they had the responsibility for removing the poles they were in good shape.
Mr. Connolly then inquired if a chunk was considered a cleaned up pole. Ms. O’Leary advised that it was not. It was still on the list for other parties to remove their wires.
Mr. Connolly questioned the safety of the chunks, but Ms. O’Leary gave assurance that when the crews went out they looked at their safety and left the chunks in a safe condition. If there was a concern the supervisor would notify Verizon or the Town of Natick to get out there.
To Mr. Connolly it didn’t seem as though there had been any real hard progress. Nstar and Verizon own the poles and were making money and the citizens have to look at them.
NSTAR, VERIZON, COMCAST: UPDATE ON DOUBLE POLES (contd)
Ms. O’Leary explained that double poles were created in the replacement of an aging pole or a system improvement and system improvements need additional crews and they knew they had the responsibility of coming back and cleaning up. She heard what the Board was saying and felt that as representatives of Nstar they had done what they could.
Ms. O’Leary was asked if there was a timetable for Speen Street and she responded that Nstar completed its work. It was on the priority list and when notification was received that all other utilities were off, they would remove the poles.
Mr. Connolly inquired as to what the Board could do to help make the process move faster. Ms. O’Leary thought that Ms. White had done a lot to bring the issue to their attention. The DPW and she have worked together to make sure there were accurate e-mail addresses, etc. and that piece has been working terrifically. She knew that the Town of Natick had a concern and she would ask the operation folks to do what they could to get it cleaned up.
Ms. Gloff asked if there was any idea if the number of double poles had gone down or up. Ms. O’Leary guessed they had gone down but she would get Ms. White the number.
Mr. Ostroff stated that he would be interested in knowing the average time to complete the process. That would give the Board a sense of how much cooperation and follow through was received from the vendors. He recognized it may not be Nstar holding it up.
Mr. Ostroff then asked about any environmental consequences to chunking. He wasn’t sure sawing off a creosote log 20 feet in the air was a good thing to do. Ms. O’Leary didn’t have an answer for the environmental piece. That was a new one for her and she would have to check into it. For the safety of the crews they have to cut down the pole so the next party can transfer. There may be some physical reasons why the pole couldn’t be cut down.
Mr. Ostroff inquired about the public having access to the data base as he thought it would be useful so people could get a sense of what’s going on in the community and maybe check the status of a pole in front of their house. Ms. O’Leary noted the security reasons and the fact that the other parties only get information when it pertains to them. She was always available so if there were certain sections of town, she would be happy to get the information but she could not give the entire data base.
To the question of the data base, Rick Colon, Regional Director of Verizon’s External Affairs noted it was owned and developed by an outside company and utilities pay for access. If an individual wanted to pay the company for access it was possible. Having been involved in Natick for five years or so and to the comment earlier about the problem being greater years ago and to the efforts of all utilities to remediate, Mr. Colon was confident that the process worked and would work again. It was beneficial to address (the double poles) in chunks as the companies try to manage limited resources with limited staff. There was a data base that showed the status street-by-street.
Speen Street showed 18 double poles and if immediately moved forward to address ball and court situation, perhaps half a dozen could be removed. He would prefer to see the double poles addressed in clusters, i.e. West Central Street with 16, North Main Street with 15 and he would be happy to work with the Town and other utilities to address. He has worked with other communities in that fashion.
Mr. Ostroff pointed out that Verizon was in first place with 102 and asked if there was a certain time each season when Verizon came through town to do it. If Verizon typically did it in July but Comcast was in June, there would be a delay.
Mr. Colon advised that transfer work could get done at any time. There was no season when more were done than another. They had limited resources and according to their union contract they could not contract work out. Recognizing that double poles and transfers were not the substance of what they do, they tried to get at it as best they could and tried to work with municipalities to come up with a game plan that made sense. He suggested the Town look at the list and see what it wanted to do to prioritize.
NSTAR, VERIZON, COMCAST: UPDATE ON DOUBLE POLES (contd)
Ms. Gloff felt the idea of prioritizing according to density made some sense but left her concerned that there may be a street or a location where a couple of double poles were there for a long time and never rise to the top of the list because there wasn’t a cluster. She wouldn’t be comfortable saying always go with the biggest amount.
Mr. Colon understood the concern of being accountable to the constitutes and he would work in terms of the priority set by the Town.
Mr. Ostroff inquired if Mr. Colon was committed to getting all 102 done in a certain time. Mr. Colon responded that it went back to the resource issue. He noted that he would be a fool to give a time commitment but if the Town identified the priorities, he would work to address those priorities and reduce the double pole problem.
If the ball was in Verizon’s court, Mr. Connolly wanted to see Verizon start to do something. Verizon and Nstar were making money and he had little pity.
Mr. Colon noted that if he went back tomorrow and told his crew to go to Main Street and then got a call for Speen Street, he couldn’t be
expected to shift gears. He would to be able to work in concert with the Board of Selectmen.
Mr. Ciccariello asked if the Board wanted the utilities to follow the Town’s lead. There were some streets that need to get taken care of for the Town to fulfill its obligations. He felt that list of priorities should come from the Town Administrator.
Mr. Connolly asked if the Town Administrator could produce the list of priority poles and issue it to everyone. Ms. White noted that the DPW’s number 1 priority was Speen Street.
Ms. Van Amsterdam thought it would help to know how long it took to remove a pole and Mr. Colon advised that a clean pole with everybody transferred shouldn’t take more than 1-2 hours. When asked how long it took Verizon to move a wire, Mr. Colon responded that that the amount of work that could be done in a day was driven by the crew, but on average if dedicated solely to transfer they could probably move 4-5 poles a day barring unforeseen circumstances.
Ms. Van Amsterdam suggested that the Board could prioritize the 102 poles on the basis of 4-5 a day and Mr. Colon could advise if that was feasible. Mr. Colon responded that he never said these double poles were the sole work the linemen do in a day. He was not asking for a timeline set forth by the Town but a geographic area and based on the availability of the technician that area would be completed.
Mr. Ostroff felt that whatever was the oldest should be the priority unless Mr. Colon received direction from the Town, i.e. Speen Street.
Frank Foss, Senior Manager Government Relations for Comcast, noted that Comcast just transferred from pole-to-pole and didn’t own the poles. He explained there were different types of transfers. Sometimes a transfer could take 30 minutes or 30 days depending if there had to be a redesign or loop in new fiber.
Mr. Foss continued that Verizon was the last one on the pole. Verizon waits until Comcast was off the pole completely and he would not engage his people to move from the five they were engaged in because Nstar would still be waiting for Verizon. In talking about doing clusters,
Mr. Foss suggested that the utilities try to do it so all poles in the area were done together. Where Comcast was not an organized union shop they could and did contract people to do their work especially in areas like Speen Street.
Mr. Foss noted that he heard there were three major areas. On North Main Street Comcast had two ball in courts; Speen Street there were five ball in courts; West Central Street Comcast was only on three poles. Their (Comcast) systems were unlike electrical systems and not necessarily in every single road.
In conclusion Mr. Foss told the Board that Comcast worked very well in a number of towns where the efforts were coordinated and Comcast was more than willing to do that.
NSTAR, VERIZON, COMCAST: UPDATE ON DOUBLE POLES (contd)
Mr. Ciccariello stated that he would like to see something in three months and suggested having the utilities back in September to see what had been accomplished working with some priorities developed by the Town.
Ms. Gloff asked if there was any idea of how many new poles were planned to be set in Natick over the next three months. Ms. O’Leary didn’t know.
There was no one from RCN present and Mr. Ostroff asked if they had not been invited. Ms. O’Leary explained that RCN transfers were orchestrated through an Nstar rep and that individual was working with contractors to address September specifically.
Ms. O’Leary advised that Nstar could identify the oldest and was pretty much on target with the removal.
Communication Superintendent for the Town of Natick Gordan Van Tassel informed the Board that as of right now he had 20 balls in court. He had one on Speen Street and would check it out tomorrow morning. He also had a couple on North Main Street. On the transfer it could be half an hour or it could be all day depending on the configuration of the pole.
Mr. Ciccariello inquired if Mr. Van Tassel was restricted as to when he could do a transfer. Mr. Van Tassel advised that he was – after Nstar he was generally next.
Mr. Ostroff asked if Mr. Van Tassel ever cut the poles. Mr. Van Tassel said he did not. That was Nstar and it was something they started a few years ago to speed up the process. Most of them (chunks) were pretty safe and pretty secure.
Fire Chief James Sheridan questioned if there was funding for this work (transfer of wires). When told it was in his budget, Chief Sheridan noted that Mr. Van Tassel would be working on Worcester St., North Main Street and he (Chief Sheridan) didn’t wish to have him out on Worcester Street by himself. He would prefer Mr. Van Tassel to do it on a Sunday with a detail and another firefighter. Mr. Ciccariello suggested that Chief Sheridan talk to the Town Administrator.
SASSAMON TRACE UPDATE ON IRRIGATION PLAN, BUDGET
Ms. White noted that for irrigation the golf course used the municipal water supply. It was not a cost effective approach but the way it was approved initially and efforts have been under way for some time to get an alternative and appeared as though that was getting closer.
Ms. White reviewed a memo from Deputy Town Administrator Michael Walters Young, Recreation & Parks Superintendent Richard Cugini, and Sassamon Trace Superintendent Pete Meagher that provided an update and analysis regarding the financial implications of the alternative irrigation measures for the Sassamon Trace Golf Course.
As summarized in previous memorandums, the proposal for providing an alternative source of irrigation for the Sassamon Trace Golf Course
centered on the neighboring land owner, Alex Dowse, creating and permitting a water resource area on his property utilizing existing regulations which permit the creation of such resource areas for agricultural purposes. Mr. Dowse would construct a water resource area
on his property; the Town would pump the water from that area into the irrigation pond and then up to Dowse’s orchards which were adjacent to holes 5 and 6 of the Sassamon Trace Golf Course.
The costs and legal responsibilities of permitting and constructing the water resource area would be Mr. Dowse’s responsibility. The costs of pumping the water to the Town’s irrigation pond and up to the orchards would be the Town’s responsibility. The Town would benefit from the arrangement through using a specified portion of the resulting water to irrigate the Golf Course.
Of the costs related to the project, two main categories have been identified as costs for the Town to pick up; construction of the irrigation lines from the Water Resource Area to the existing irrigation pond and ongoing operation and maintenance costs. There was no construction cost related to pumping water from the existing irrigation pond to the orchards because an existing irrigation line can be used.
SASSAMON TRACE UPDATE ON IRRIGATION PLAN, BUDGET (contd)
Contained in the memo was a breakdown of the estimated costs and who would pay.
Construction:
440’ of pipe for the irrigation pond retention $4,500 paid by Friends
(Friends of Sassamon Trace)
Labor for digging of trench & pipe installation $1,500 – Friends
Permit fee for crossing Sudbury Aqueduct $ 100 – golf course
Electrical line from Dowse’s water resource
area/pump to the golf course irrigation pond pump stations
- Wire and piping $3,000 – Friends
- Electrician $2,000 – Friends
- Labor for digging of trench/wire install $1,800 - Friends
Total cost for construction $12,900
Operations:
Costs to run the new 2 HP pump for 10 hours/day
-4% demand increase charge for 5 months $ 150 – golf course
-10% operation increase $ 450 – golf course
-Transcanada energy supply for 5 months $ 165 – golf course
Costs to run the existing 5HP pump for 5 additional hours/day
-operation increase $ 400 – golf course
-Transcanada energy supply costs for 5 months $ 150 – golf course
Total operational costs (ongoing) $1,315
It was noted that all but $100 of the estimated $12,900 in construction costs would be paid by the Friends of Sassamon Trace. Ongoing costs totaling $1,315 for physically pumping and moving the water from the new resource area and along the new irrigation line to the existing irrigation pond and along the existing irrigation line would be the responsibility of the golf course.
Against those costs were the potential savings in water for the golf course. Water was one of the major costs in the operation of the golf course, and the requirement mandating that treated water from the Town system has always driven water costs higher than most other municipal courses. Initial discussions of the water resource area have projected estimates that it can produce roughly 8,885 HCF/annually and this amount could be split 50% between Mr. Dowse and 50% between the Town. Mr. Dowse estimates that he only needs roughly 4200 HCF annually to irrigate his orchards. Comparing the average water usage for the golf course with the estimated draw of the resource area 50/50 split the revised water usage went from 8400 HCF to 3958 HCF. Currently the golf course paid $67,156 annually in water bills. With the revised consumption the water bills were estimated at $30,951 or a potential savings of $36,205. The potential net savings for the installation and operation of the new
water resource area was $36,205 less $1,315 in operating costs or $34,890.
There were a number of outstanding questions requiring answers from Town Counsel. Those questions include:
- Can the Town use water set aside via a private agricultural exemption?
- Are there any applicable procurement issues that need to be resolved before entering into this arrangement?
- Does the lease need to be amended with Mr. Dowse for this agreement to take place?
- What will limit the Town or Mr. Dowse’s use of the water resource area?
- What responsibility does the Town have to continue the arrangement if there was a change in use to Sassamon Trace?
- What assurances, if any, can be provided that the projected water quantities will be available in future years?
More than anything, further action on this matter was greatly inhibited by the timetable of Mr. Dowse. The next step in the process was the visitation of the U.S. Department of Agriculture to give approval and design the water resource area. Should the USDA not give approval to this proposal, there was no further research necessary – the proposal could not be done. The USDA was scheduled to meet with Mr. Dowse in late June/early July 2009.
In conclusion the memorandum recommended the following:
- Advise that staff provide another update upon word that the USDA has given approval for the creation of the water resource area.
SASSAMON TRACE UPDATE ON IRRIGATION PLAN, BUDGET (contd)
- Allow staff to continue to explore, as time permits, the legal and other questions and the framework for a potential agreement with Mr. Dowse
- Once USDA approval has been granted, decide whether or not to formally instruct Town Counsel and the Town Administrator to enter into negotiations with Mr. Dowse for the establishment for this alternative irrigation source.
If this were approved when it got into negotiations, Mr. Ostroff said he would like the negotiating parties to consider what savings were affordable to Dowse through this arrangement. If this would save a lot of money, perhaps that should be reflected in the lease.
Mr. Ostroff recognized the offer of the Friends of Sassamon Trace.
Dr. Edward Salamoff, president of the supporters, corrected the name. It was the Supporters of Sassamon Trace not the Friends.
In terms of the potential agreement with Mr. Dowse, Ms. Van Amsterdam thought more play should be put into changing the terms of the existing lease. Her point was did the lease need to be amended and the driver should not be it was a wonderful benefit saving for the golf course. The driver should be is it beneficial for the Town at large. A by product would be the water bills for the golf course going down. While waiting to receive something from Mr. Dowse’s counsel, she thought Town Counsel should be crafting something to present to Mr. Dowse.
Mr. Ciccariello didn’t think another dime should be spent with Town Counsel until it was determined that Dowse could do this. Once that answer came about, Town Counsel would need to explore what’s in the existing lease that was unfavorable to the Town and if there was an opportunity to amend some of those conditions, he would like to see that explored.
Mr. Ciccariello referred to the estimate of construction costs and noted that $6,000 for 440 linear feet was very short money. That was $15 per foot and he didn’t see how it could be done for that. He inquired if there would be an impact to any of the present green holes.
Mr. Cugini advised that the water line would go across the 7th tee and behind the 6th green. With respect to the question about construction, he added that Bob Healy a member of the Golf Oversight Committee and an irrigation consultant was looking at two options – one was not putting the pipe into the ground except across the aqueduct. The estimate was enough. An irrigation contract would be in and out in a day. It was very simple.
Ms. Van Amsterdam inquired if Environmental Compliance Officer Robert Bois had made any progress on utilizing solar panels on the golf course. Potentially some revenue could be directed from that to cover costs in future years. Ms. White advised that she would check with Mr. Bois and get back to the Board.
Mr. Ciccariello asked if there were any issues with the Sherborn Conservation Commission and was told by Mr. Cugini that that would be the responsibility of Mr. Dowse. Asked if he saw any issues, Mr. Cugini responded that the agricultural status gave Mr. Dowse particular rights and he would not have a problem with the Sherborn Conservation Commission.
To Ms. White the key question was if the Town could use some of this agricultural exempt water. If that was not the case, she felt it was a deal
breaker. She had been advised that the Town could use this water but hadn’t seen anything definitive and that would be a prerequisite before doing anything else, but if it were favorable staff could continue to explore and put something together on our terms.
Ms. Van Amsterdam felt that our terms had to do with the existing lease and a substantial modification of the lease in the Town’s favor. She would like to hear from Mr. Bois that there may be additional revenue opportunities on the site.
Mr. Ciccariello requested that once an answer was received, Ms. White come back to the Board and let them know what was going on with the USDA. If
USDA approval were received, he didn’t want staff moving forward without coming back to the Board first.
SASSAMON TRACE UPDATE ON IRRIGATION PLAN, BUDGET (contd)
Ms. White asked if the Board wished for her to get something crafted from Town Counsel for the Board to review. Both Ms. Van Amsterdam and Ms. Gloff responded, “yes”.
Mr. Ciccariello inquired as to where a large contingent of solar panels would be put without disturbing any green layout or course area. Mr. Cugini advised that what was being talked about was the Natick side which was the landfill. You couldn’t go down through the cap but they were trying to come around the perimeter.
Ms. White reviewed a memo to the Board prepared by Deputy Town Administrator Michael Walters Young, Recreation & Parks Supervisor Dick Cugini, Sassamon Trace Golf Course Superintendent Pete Meagher. The memo provided a status report of operations at the golf course through the end of May 2009 and a forecast on how operations – rounds and revenues – would finish the Fiscal Year of 2009.
The rounds for FY09 were projected to be slightly ahead of FY07 but significantly down from the course’s all time high set in FY08. The projected rounds in 2009 were 27,342. In 2008 they were 28,975 and in 2007 they were 27,196. Discussions between staff and other golf courses in the area indicated that all municipal and private courses saw declines from last year, but that activity in municipal courses in FY09 have followed a pretty uniform pattern: a sharp decline in rounds from July through December of 2008, chiefly attributable to declines in the local, national, and global economy with a rebound in play from January through May of 2009.
So far this spring revenues for the course were performing better than anticipated. As of May 31, the course collected $466,066. $72,000 was anticipated to be collected during the month of June, for total anticipated revenue collections in FY09 to be $538,066. For the year, this was a decrease of 6.2% from the budget and 10.1% from the prior year.
It was, however, 4.6% better than what had been expected by staff when entering the spring playing season. As of December 31, when staff began to notify Board members of concerns over revenue declines at the course, only $257,545 had been collected, or nearly 18% under anticipated collections. Staff subsequently revised revenue projections for the second half of FY 2009 to $514,415. Rather than a decline of 9%, the course has witnessed a decline of only 1% through January-May of 2009. Conservative estimates for June were resulting in a final decline of 5%.
For the bottom line this represents an increase of more than $23,000 from the revenue estimates provided in late winter and included within the discussions of the course through Town Meeting.
On the expense side, total expenses for Sassamon Trace were forecast to be $931,913. This was slightly more than $19,000 less than anticipated on April 1. The differences were:
Staffing: Personnel expenses were lower for FY09 than anticipated as a result of implementing lower pay rates and managing the part-time workforce to achieve the greatest efficiency possible.
Electricity/Heat: The electric utility line was significantly under budget as a result of over estimating cost increases in electricity.
Merchandise/Food: Merchandise expenses were lower than budget due to a refinement of how the pro shop was operated to better meet the needs of the clientele of the course.
Fringe Benefits: Fringe costs are lower than anticipated because no one took unemployment upon their hours being reduced.
A revenue/expenditure summary showed a projected revenue of $597,298; expenses of $931,913; a $334,615 subsidy required ($355,000 had been appropriated); year-end balance of $20,385.
The presentation continued with the effects of FY 2009 close and impacts for FY 2010. Three points were made:
- Impact on retained earnings
The generation of $20,385 was forecast in retained earnings at year end. That would have the following effect on retained earnings going forward:
Beginning $ 97,364
Add FY 2009 close $ 20,385
Less contribution for FY10 $(41,430)
SASSAMON TRACE UPDATE ON IRRIGATION PLAN, BUDGET (contd)
Remaining proposed balance $ 76,319
$12,000 of this forecast balance was not available for use in future years other than to pay for the golf cart contract.
- Achievable revenue estimates
The $530,000 forecast for FY 2010 was less than the actual forecast for FY 2009. Barring any major setbacks, staff was confident that this amount of course revenue was achievable in FY 2010.
- Expense overage in Water & Sewer
The FY10 budget for the golf course has one major problem. The amount budgeted for water/sewer was grossly inadequate. The budget was built assuming that alternative sources for irrigation water could be found and brought online by July 1. There was no way this timeline would be realized.
As a contingency, staff advised two courses of action: a) reduced usage of irrigation at the golf course; staff has already begun to direct Sterling Golf Management to be more selective when and how irrigation was used; b) Using retained earnings to cover the anticipated overage. Once retained earnings were certified in early fall, staff can make a recommendation of how much retained earnings needs to be appropriated at the 2009 Fall Annual Town Meeting.
Mr. Ciccariello inquired as to the amount of play at the course. Mr. Cugini responded that for June the conservative projection was down 9% and so far it was down about 5%. If the weather was good, people were there in numbers and the leagues were full.
Ms. Van Amsterdam noted that a statement had been made at Town Meeting that in tough economic times people look to courses like Sassamon Trace and she wondered if that borne out. Mr. Cugini advised that the course was seeing
new people especially from Millis, Milford, Medway. As gas was sneaking up, he thought even more people would be seen.
Following a five minute recess, the meeting was reconvened at 9:00 p.m.
FISCAL 2010 WATER & SEWER USE CHARGES
Ms. White referenced an opinion from Town Counsel just received Friday that limited the ability to move forward this evening.
She explained that the issue arose about averaging and could the Town average for some properties and not for others, specifically condos and apartment complexes. Town Counsel has determined that condos and apartment complexes may not be treated differently in terms of billing if they both receive water from a master meter.
The second question was out-of-town customers and similarly Town Counsel determined that out-of-town customers cannot be treated differently if they receive water from a master meter. His finding was similar for multi family dwellings.
Ms. White noted this was critical information and the administration hadn’t had time to digest it and put forward a recommendation for the Board’s determination. Deputy Town Administrator Walters Young was recommending the Board delay any votes until at least June 22. He was currently on vacation and wouldn’t be back until Thursday.
Ms. White further noted that she hadn’t had an opportunity to speak to counsel and that would be her starting point. If this was going to be the principle upon which the Board moved forward, there would have to be some significant analysis and consideration policy going forward.
Ms. Van Amsterdam requested an opinion on one more situation. Did out-of-town customers with individual meters have to be treated the same as customers with individual meters in the Town of Natick?
Ms. White believed that would be true. Town Counsel’s opinions relate to properties with master meters but the underlying premises relates to the same.
Mr. Ostroff asked if the option that did not average out-of-town customers was now off the table. Ms. White advised that was correct.
Mr. Ostroff then commented that unless the Board did something different to the rate structure he would rather be looking at averaging out-of-town
FISCAL 2010 WATER & SEWER USE CHARGES (contd)
customers and apartments at a rate increase of 4.6% or do away with averaging altogether and reduce rates by about 5%.
For discussion on the 22nd, Mr. Ostroff raised the vote of the fire connection fee at the last meeting. Doing it on the basis of a flat fee rate per inch was not actually accurate if the intent was to capture the volume of water. It was a question of whether the Board wants to address the fire connection fee on volume or if it was just OK leaving it the way it was voted. He didn’t expect any change to raise a lot of revenue.
AUDIT & FINANCIAL IMPROVEMENTS UPDATE
Ms. White informed the Board that the audit for the year ending June 30, 2008 was now in hand and given to the members this evening. The financial staff reviewed all the findings with the auditor last week and each of the documents had some minor corrections. The audit identified a number of significant material weaknesses and deficiencies with respect to the Town’s internal control, but many have already been addressed.
Ms. White noted that she had been discussing how best to move forward and one idea that emerged was to create an audit committee. Not surprisingly the auditors had the same recommendation and she thought it was something the Board should consider favorably. Included in the briefing books was a draft committee charge describing the role of the committee and if the Board wanted to look upon it favorably she suggested that it be done as soon as possible because another audit would be getting under way. She noted that a lot of the recommended charge was pulled from the GFO web site and added that this was perhaps the most important and corrective action the Board could take.
Continuing, Ms. White told the Board that in addition to the problems raised in the audit the financial staff wanted to discuss with the auditors what these numbers were telling us. Most notably the FY08 year end fund balance dropped by approximately $6 million as compared to the end of FY08. This unfavorable trend was attributable largely to the significant spending of free cash and other reserves to balance the budget. Although this was a deliberate action to avoid a Proposition 2-1/2 override, it certainly was not representative of prudent and sound financial planning. Continued spending of reserves – particularly in combination with tightened budgets and thus lower end-of-the year departmental turnbacks and lower than expected revenues did not bode well for favorable year end fund balance and
free cash.
The continuation of such practices would ultimately have a negative impact on the Town’s bond ratings, financial flexibility and long-term stability. The good news was that the AAA bond rating and SP1 + BAN ratings were recently reaffirmed by Standard and Poors.
Ms. Van Amsterdam stated that she was in full support of the audit committee. The audit committee would have an opportunity to work closely with the Finance Director, the Comptroller, and others to get a more timely sense of what was happening well in advance of the auditor coming in. It was another checks and balances. A number of cities and towns around Natick have had longstanding audit committees.
Mr. Ostroff echoed the endorsement of an audit committee and wondered if it was something that may find its way into the by-laws. As Chair of the
Charter & By-Law Review Committee, Ms. Gloff advised that it was raised by a member of the CBRC.
Mr. Ciccariello noted that he was in support of an audit committee but wanted an opportunity to read through the charge and discuss it next week when the auditor was here.
b.Change Order
Ms. White advised that the request for a change order had to do with an additional grant the Town received that was over the threshold where a
single audit was required. The cost of this additional audit was $4,800. The grant had to do with the school based Medicaid.
Mr. Ciccariello inquired as to the source of funds and was told by Ms. White that funding within the audit line would be sufficient. She added that the logical question was if the School Department would pay, but the municipal side pays for all the audit expenses.
Ms. Gloff moved approval of the $4,800 change order to the Fiscal 2008 audit with Sullivan, Rogers & Company, LLC to audit the School based Medicaid reimbursement program. Seconded by Ms. Van Amsterdam and unanimously voted.
RELEASE OF EXECUTIVE SESSION MINUTES
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to release the executive session minutes of 2/11/02 and to release the following executive session minutes with redactions – 5/22/00, 2/7/07, 2/28/00, 4/10/00, 6/29/00, 12/18/00, 9/24/01.
CONFIRMATION OF TOWN ADMINISTRATOR APPOINTMENTS: GOLF COURSE OVERSIGHT COMMITTEE
Ms. Van Amsterdam moved to confirm the Town Administrator’s appointment of George Richards, III and Robert Healey to the Golf Course Oversight Committee. Seconded by Ms. Gloff and unanimously voted
ACCEPTANCE OF RESIGNATION: RECREATION & PARKS COMMISSION – STEPHEN CARTY
A motion was made by Ms. Van Amsterdam to accept the resignation of Stephen Carty from the Recreation and Parks Commission with a letter of appreciation to be sent. Seconded by Mr. Ostroff and unanimously voted.
TCAN: REQUEST FOUR (4) ONE DAY BEER & WINE LICENSES
Mr. Ostroff disclosed that he was a member of The Center for Arts in Natick with a statement on file with the Town Clerk that he had no financial interest.
Both Ms. Van Amsterdam and Ms. Gloff stated they were members of TCAN.
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to approve The Center for Arts in Natick’s request for four one day beer & wine licenses for June 26, June 27, July 11, and July 17, 2009.
JJ LANE PARK UPDATE
Ms. White informed the Board that she has been coordinating efforts between the state Department of Capital Asset Management (DCAM), the Environmental Compliance Officer, the Recreation Director and neighborhood representatives.
As required by DCAM, $2,950 has been provided (from the Conservation Commission) for a survey and $4,500 for an appraisal. The preliminary survey of the proposed lease area has been prepared and will be reviewed by the Conservation Commission next Thursday evening before the Town authorizes DCAM to proceed with the appraisal. A site visit with DCAM and representatives of the National Guard has been scheduled for next week.
AMENDMENT TO PATROLMEN’S CONTRACT
Ms. White noted that earlier that evening the Board voted to establish an SRO (School Resource Officer) on a 5 and 2 schedule. A side letter of
agreement was required with the Patrolmen’s union because the schedule was different than the normal schedule. That was agreed to by all parties and a SRO position will be established.
Ms. Gloff moved approval of the memorandum of agreement between the Town of Natick and the Natick Police Patrol Officers Association establishing a SRO on a 5 and 2 schedule.
CONFIRMATION OF SCHOOL APPOINTMENT TO REVENUE ENHANCEMENT TASK FORCE
Ms. Gloff moved to confirm the School Committee’s appointment of Karen Adelman Foster as the School Committee’s representative to the Revenue Enhancement Task Force. Seconded by Ms. Van Amsterdam and unanimously voted.
MINUTES
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve the minutes of the November 17, 2008 meeting.
FLUTIE ROAD RACE: REQUEST FOR PERMIT
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to approve New England Event Management’s request for a permit to hold the Flutie 5K Road Race on October 4, 2009.
BREAST CANCER 3D: REQUEST TO USE SENIOR CENTER/COURT LAWN
A request had been received from the organizers of the Breast Cancer 3D to use the Senior Center/Court lawn during their walk-a-thon as a rest/treatment area. Several tents would be put up and medical help would be on hand.
If this was to be considered, Mr. Ciccariello proposed putting a condition on it that the organizers meet with the Senior Center Director Moira Munns as well as the court house and get their permission. Insurance would also be required.
BREAST CANCER 3D: REQUEST TO USE SENIOR CENTER/COURT LAWN
Ms. Gloff wanted to have Safety Officer Lt. Brian Lauzon take a look at this as well.
NATICK DAYS: REQUEST FOR PERMIT; BANNER
A motion was made by Ms. Van Amsterdam to approve Superintendent of Recreation & Parks Richard Cugini’s request to hold Natick Days in the downtown on Saturday, September 12, 2009 from 10:00 a.m.-4:00 p.m. (rain date September 13) with the closure of streets and any detours subject to the coordination with Safety Officer Lt. Brian Lauzon. Seconded by Mr. Ostroff and unanimously voted.
Ms. Van Amsterdam moved approval of hanging a banner across Main Street for the period of August 31-September 12, 2009 in advertisement of Natick Days. Seconded by Ms. Gloff and unanimously voted.
ELIOT MONTESSORI SCHOOL: REQUEST TO USE COMMON
Ms. Gloff moved approval of Giovanni Morant, music teacher and Director of Music for the Eliot Montessori School to use the gazebo on the Natick Common on June 26, 2009 from 11:30 a.m.-2:30 p.m. for a music recital conditioned upon the submission of insurance and a $110 fee to cover the cost. Seconded by Ms. Van Amsterdam and unanimously voted.
Mr. Morant told the Board that usually the students make a CD at the end of the concert, but he wanted to come out into the community and give the students a feeling of a real gig.
SPRING VALLEY ROAD: BLOCK PARTY
Ms. Van Amsterdam moved approval of Kelly McPherson’s request to close Spring Valley Road from the intersection of Wedgewood to the intersection of Westlake Road on August 8, 2009 from 2:00 p.m.-8:00 p.m. Seconded by Mr. Ostroff and unanimously voted.
Ms. McPherson had requested to close the road from 2:00-11:00 p.m., but Safety Officer Lieutenant Brian Lauzon recommended that it be limited to 8:00 p.m.
MAPLE STREET: BLOCK PARTY
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to approve the request of Kerry Moulton to close Maple Street on June 28, 2009 from 2:00-6:00 p.m. for a block party.
In her letter to the Board, Ms. Moulton mentioned that vehicles, including Town trucks, continued to make the left turn onto Maple Street even though the road had been posted NO LEFT TURNS for the past two years. Ms. White was asked to follow-up.
LOTUS PATH: BLOCK PARTY
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve the request of Julie Balderson to close the corner of Lotus Path and Ash Street on June 28, 2009 from 2:00-5:00 p.m.
TOWN ADMINISTRATOR NOTES
Ms. Van Amsterdam inquired if there had been any word on the property next to the West Natick fire station.
Ms. White advised that she received a call from her contact at Mass Highway and they voted favorably on the Town’s request to allow the Town to acquire the property. It would not allow non-emergency vehicles to access from the Route 9 ramp. Non-emergencies would have to access through Travis Road.
SELECTMEN’S CONCERNS
Mr. Ostroff requested a status report from the Town Engineer on the Glen Street project.
Mr. Ostroff advised that the two home rule petitions were scheduled to be heard by committee a week from tomorrow and he was available to testify in support of the Eliot School lease and the parking fund.
Among the advertisements for appointments to committees Mr. Ostroff noticed the Town Forest Committee. It was his understanding that the Town Forest Committee hadn’t called a meeting for a long time and hadn’t submitted
SELECTMEN’S CONCERNS (contd)
anything for the Town Report. He suggested that the Board ask members seeking reappointment about their plans.
Mr. Ostroff commended the DPW Water Division for an interesting tour to see some of the infrastructure and understand some challenges the Division faced in providing safe drinking water.
As part of his role on the Board of Directors of the MMA, Mr. Ostroff noted that he was working on an issue of how health care was negotiated and there may be some misunderstanding. He believed the Board’s position was reflected in a letter the Town Administrator sent to the Town’s delegation.
The MMA was seeking impact bargaining for how health care was financed and the Town may seek to have a situation similar to what the state provides but would be impact bargained. It wasn’t like the Town could dictate unfavorable conditions. The concern of the MMA Board was that the proposal would establish binding arbitration which could force even higher costs.
Mr. Ostroff emphasized that it was not a question of whether he or the MMA Board were seeking to impose unfair burdens on Town employees, but something that was fair and allowed for the control of spiraling health care costs.
- Expense Control Task Force
Ms. Van Amsterdam advised that she would be contacting the Chair of the School Committee to get a representative to participate on the Expense Control Task Force and would be contacting Mr. Ciccariello, the Town Administrator and the School Superintendent to talk about the future role of the Expense Control Task Force.
Mr. Connolly requested an update of the requests for water bill abatements.
Mr. Connolly requested an agenda item for the Viet Nam Moving Wall. It has never been to our Town and he thought it was a good idea.
- Employee Years of Service Recognition
Ms. Gloff thought the idea of a proclamation for an employee celebrating “x” number of years of service was a good one, but there was a need to figure out a manner to be consistent so it wasn’t a case of somebody happening to notice. She thought the Board would want to be consistent on how to handle those recognitions.
The Board was in receipt of a letter from William Proia, the sponsor of Town Meeting Article 36 on open space funds inquiring as to what action the Board intended to take. Town Meeting referred the article to the sponsor and the Board of Selectmen and Mr. Ciccariello thought a decision should be made whether to take it any further.
Ms. White noted that a formal opinion was coming from the DOR and she responded to Mr. Proia reminding him of that.
- Omnipoint Request for Permit
A request for a building permit had been denied because the owner owed taxes on multiple properties. Ms. White explained that because the taxes were owed on multiple properties there were a couple of different interpretations
that could be applied. She applauded the Building Commissioner for looking at all properties, but he would have the ability to consider granting the permit based on just this property and she would recommend he do that.
At Ms. Van Amsterdam’s request the Board agreed to reschedule the meeting of August 24 to August 17.
ADJOURNMENT
The meeting was adjourned at 10:10 p.m.
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Kristine Van Amsterdam, Clerk
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