BOARD OF SELECTMEN
Natick Town Hall
July 27, 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, Carol A. Gloff, John Connolly. Absent: Kristine Van Amsterdam
ALSO PRESENT: Martha L. White, Town Administrator; Donna Challis, Secretary
WARRANTS: Payroll warrants were signed by the Board of Selectmen on July 27, 2009 in the amount of $618,073.66. This figure was included in total warrants signed by the Board of Selectmen of $6,330,949.15.
EXECUTIVE SESSION
Mr. Ostroff, seconded by Ms. Gloff, moved to enter into executive session to discuss matters pertaining to collective bargaining. By roll call vote the motion passed on a 4-0-0 vote. At 6:02 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.
INTRODUCTION OF NEW MORSE INSTITUTE LIBRARY DIRECTOR
Linda Stetson was introduced as the new Director of the Morse Institute Library.
Ms. Stetson expressed her pleasure at being here and how honored she was to have been chosen. She offered her assistance for anything she could do.
Mr. Ciccariello noted that he had been informed that some funds had been found and the library would be open on Sundays in the Fall. Ms. Stetson confirmed that to be correct.
On behalf of the Board Mr. Ciccariello wished Ms. Stetson well.
INTERVIEW FOR APPOINTMENT TO COUNCIL ON AGING
Mary Ross stated that she has been a resident of Natick for 19 years. She and her husband loved the Town and for the past 5-6 years have tried to share some of the talents they may have as volunteers. Professionally she was a licensed RN with a Masters in Community Health Nursing and a post graduate certificate as a nurse practitioner focusing on adult and geriatrics. She had worked in many settings, but primarily at Mass General and her role was to assist patients and families in assessing what they may need when discharged from the hospital.
Currently Ms. Ross said she was serving in the Natick Medical Reserve Core since its inception in 2006 and was assisting in the weekly blood pressure clinic at the Board of Health. When she saw the opening for the Council on Aging she contacted the Council on Aging Director Moira Munns, attended a meeting, and thought it would be a rewarding experience. She hoped she could be of service to the Town.
Mr. Ostroff inquired if there were any specific things that Ms. Ross would like to accomplish. Ms. Ross responded that one thing she did as part of her community health education was a community assessment of a section of Boston to determine the needs in that particular community. Identifying the needs was one of the goals of the Council and she thought her experience would play into that. She was familiar with this (elderly) population not just professionally. She had helped her parents and her husband’s parents through their last years and to draw upon agencies.
A motion was made by Mr. Ostroff to appoint Mary Ross to the Council on Aging. Seconded by Mr. Connolly and unanimously voted.
INTERVIEW FOR APPOINTMENT TO THE RECYCLING COMMITTEE
Scott Davis noted that he didn’t have any professional experience in recycling but had been involved with the Recycling Committee and had been attending their meetings for 18 months or so and was involved in some planning issues. His interest in recycling went way back and he found himself having formed a bond with like-minded individuals. Recently he had more free time and would like to use that towards helping the Town.
Reading from Mr. Davis’ application, Mr. Ciccariello noted that Mr. Davis had three relevant experiences.
A motion was made by Ms. Gloff to appoint Scott Davis to the Recycling Committee. Seconded by Mr. Connolly and unanimously voted.
INTERVIEW FOR APPOINTMENT TO THE RECREATION & PARKS COMMISSION
Sue Shea saw Recreation & Parks as an intergenerational issue and one that was important to her. She was a Town Meeting member, served 12 years on the Finance Committee, served on numerous building committees, and had a lot of experience with human services. This was the first time there has been a vacancy on the Recreation & Parks Commission when she had the time to do it.
Ms. Shea noted that she was very proud of the Recreation Department as well as the other human services departments in Town. She felt recreation was for everyone and would like to see that message get out a little more and would like to see the department partner with other agencies.
Mr. Connolly stated that Ms. Shea was a friend of his. Mr. Ciccariello guessed that each member of the Board would have to disclose that as well.
Mr. Ostroff advised that Ms. Shea has been a big help on Natick Days planning.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to appoint Susan Shea to the Recreation & Parks Commission.
INTERVIEW FOR APPOINTMENT TO THE NATICK CULTURAL COUNCIL
Amy Elizabeth stated that she was the owner of a small business in the downtown and was pleased to announce that she had won the Reader’s Choice for best day spa. She was a Town Meeting member and a member of Natick Center Associates and was interested in bringing arts to Natick.
Ms. Elizabeth had commented on her interest for enhancing the arts in the Center and Mr. Ostroff reminded her that the Cultural Council was town-wide and not just focused on the Center. He inquired if she had knowledge of how the Council reviewed grant applications.
Ms. Elizabeth advised that before opening the spa she was a grant writer for Harvard Medical School and she was interested in seeing what the Council could bring to Natick.
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to appoint Amy Elizabeth to the Natick Cultural Council.
INTERVIEW FOR APPOINTMENT TO THE INFORMATION SYSTEMS ADVISORY BOARD
Todd Gillenwater told the Board that he had lived in Natick a little over 20 years. He was interested in contributing and had about 25 years of experience in Information Systems from programming to IT Director in small companies to multi-national companies. His background was anything from system procurement to vendor negotiations.
Mr. Ostroff noted that Mr. Gillenwater had reached out to him a few months ago and was volunteering to make some improvements to the web site. He suggested that Mr. Gillenwater apply for the opening.
On a motion by Mr. Connolly, seconded by Ms. Gloff, the Board unanimously voted to appoint Todd Gillenwater to the Information Systems Advisory Board.
VIET NAM MOVING WALL
Edward Jolley, President of the Natick Veterans Council, was joined by Mr. Connolly in presenting this item.
Mr. Jolley noted that the Council was approached a couple of months ago about the Viet Nam Moving Wall which was a replica of the Viet Nam Wall in Washington, DC. There were two moving walls – one east of the Mississippi and one west. They travel to different communities upon request. Mr. Connolly approached the Veterans Council and they talked it over.
This was a venture that encompasses a lot of different people. Once the application was put in it took about 1-1/2 years to get a date. Anybody interested in being part of this was welcome to come. What he liked about it was the good feedback from the Town, from the Board of Selectmen and from the people. The veterans were number 1 here and the Town should be proud.
Mr. Connolly told the Board that he approached the Veterans Council with this thought and they seemed receptive. Some of the members have gone around to the different veterans groups looking to acquire some seed money. Over 1,200 communities have hosted the wall. Needham had it last year. Natick lost 11 soldiers and this presents an opportunity to show our appreciation to the veterans. He hoped this would be a community event. He had a conversation with the School Committee Chair to see if this was something the School Committee would be involved in and the Historical Commission. The reason they were here was to try to get the support of the Board. Updates would be provided as it went along.
Asked if there was a location in mind, Mr. Jolley responded that originally the thought was the Common but that couldn’t happen because of the length and all the electrical under the area. The thought now was in the area of the high school, but if it were at the high school it would probably have to be in the summer.
Mr. Ciccariello suggested looking into the corner of Speen Street at the National Guard site. As there appeared to be a lot of prep work in terms of staging, Mr. Ciccariello also suggested contacting the members of the Carpenters Union and Keefe Tech.
Mr. Ostroff asked about filing the application and was told it would be submitted by the Veterans Council. Mr. Ostroff didn’t think it would be a problem getting a letter of support from the Board of Selectmen for the application if it would be helpful.
Veterans Director John MacGilivray felt it was a lot of work but the pay off was great. It brings the community together. He commended the Veterans Council.
Ms. Gloff thanked Mr. Connolly, the Veterans Council, Mr. MacGilivray and everybody else involved for bringing this forward. She had been to the Viet Nam Memorial in Washington, DC and found it to be one of the most moving.
Mr. MacGilivray added that he had received an e-mail from former Selectman Ed Carr in support of this.
Stanley Cohen told the Board that Veterans Council and most veterans organizations were supporting bringing the Viet Nam Moving Wall to Natick. Ed Jolley had been appointed as the point person and they will begin raising funds selling T-shirts.
A motion was made by Mr. Ostroff to authorize the Chair to send a letter of support of the Veterans Council’s application to bring the Viet Nam Moving Wall to Natick. Seconded by Ms. Gloff and unanimously voted.
PUBLIC HEARING: METROWEST MEDICAL CENTER: APPLICATION FOR ABOVE/UNDERGROUND FUEL STORAGE
Representing the MetroWest Medical Center was Facilities Director Scott Johnson.
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to open the public hearing.
PUBLIC HEARING: METROWEST MEDICAL CENTER: APPLICATION FOR ABOVE/UNDERGROUND FUEL STORAGE (contd)
Mr. Johnson noted that during a recent audit of the hospital’s records it was discovered that the license for the above ground and liquid oxygen storage was not in tact. He believed it occurred during the previous ownership.
Mr. Johnson showed a site plan of the underground storage tank and the above tank which was situated at the Caterpillar generator. He noted that both sites were inspected by the insurance carrier every year and registered with the Board of Health every year. The fuel storage was for diesel fuel to supply equipment.
Ms. Gloff inquired if they had ever been licensed before and Mr. Johnson responded that he believed they had been. Ms. Challis explained that the hospital had filed and been granted a license for both the above ground/underground fuel storage and the liquid oxygen, but in the mid 1990’s the hospital facilities director at that time sent a letter stating the tanks had been removed and there was no need to continue registration. She pointed out that the applications before the Board were signed by the Fire Chief.
Mr. Connolly noted that he and Mr. Johnson play softball against each other.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to close the public hearing.
Ms. Gloff moved to issue a license to the MetroWest Medical Center for the above ground storage of 4,220 gallons of diesel fuel and the underground storage of 15,000 gallons of diesel fuel at 67 Union Street.
PUBLIC HEARING: METROWEST MEDICAL CENTER: APPLICATION FOR ABOVE GROUND STORAGE OF LIQUID OXYGEN
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to open the public hearing.
Mr. Johnson advised that this was a bulk oxygen tank. A tank was installed in 1981 and replaced with the same size tank in 1991. The primary tank was 4,350 gallons with a 300 reserve. There were multiple alarms on the tank and it was inspected annually.
A member of the audience questioned if the liquid oxygen tank presented any danger to the community. Mr. Johnson didn’t know of any danger and suggested that a plane would probably have to hit the tank to present any danger. There was probably no more or less than any other tanks with fuels and gases.
Ms. Gloff noted that these tanks were very common with medical and scientific facilities. The oxygen was not highly flammable and it was a very standard type supply.
A motion was made by Ms. Gloff to close the public hearing. Seconded by Mr. Connolly and unanimously voted.
Ms. Gloff moved to grant the MetroWest Medical Center a license for the above ground storage of 4,650 gallons of liquid oxygen at 67 Union Street with the stipulation that if the Fire Department has not already inspected that they do so. Seconded by Mr. Ostroff and unanimously voted.
COUNCIL ON AGING & HUMAN SERVICES DIRECTOR: HUMAN SERVICES CONTRACT
Council on Aging & Human Services Director Moira Munns appeared before the Board with the annual contract for counseling services that were administered through the Human Resources Department. It was a resource for residents with no other resources and was intended for a short-term while the department helped connect people with other resources.
Ms. Munns noted that Town Meeting approved the funding in the Human Resources budget in May and the contract was approved by Town Counsel and the Comptroller.
Ms. Gloff inquired as to why only $129 was spent in 2009. Ms. Munns explained that was a good thing. Part of the long-range planning was further integration of Human Services and the Council on Aging. There were some staffing changes and they now had a clinical social worker who can provide these services.
Ms. Gloff questioned if a contract was needed. Ms. Munns noted that prior to the staffing changes the contract was $10,000. In anticipation of the
COUNCIL ON AGING & HUMAN SERVICES DIRECTOR: HUMAN SERVICES CONTRACT (contd)
reduced need, the recommendation was reduced to $5,000. She believed it would be prudent to maintain the contract. No funds were expended unless service was provided.
Mr. Ostroff noted that it may end up that only a small amount was expended and the Town wasn’t on the hook for a minimum of $5,000. Ms. Munn confirmed that was correct. If no service was provided the funds remain with the Town of Natick.
Mr. Ciccariello inquired as to how the determination was made that Advocates would be the best provider. Ms. Munn advised there were not that many agencies that provide the range of services the Town had to have available. Advocates best met the match.
Asked if she solicited an RFP, Ms. Munns advised that it was not required for health services. Even if it wasn’t required, Mr. Ciccariello asked if quotes were gotten from anybody else. Ms. Munns said she did not. The terms of this contract were better than the last contract. The real driving factor was the availability to deliver the service in a timely manner.
A motion was made by Mr. Ostroff to award the contract for counseling services to Advocates, Inc. in an amount not to exceed $5,000. Seconded by Ms. Gloff and unanimously voted.
EM-JO, INC. D/B/A ZITI’S OF NATICK: APPLICATION FOR COMMON VICTUALER’S LICENSE
EM-JO, INC. D/B/A ZITI’S OF NATICK: APPLICATION FOR ENTERTAINMENT LICENSE
PUBLIC HEARING: EM-JO, INC. D/B/A ZITI’S OF NATICK: APPLICATION FOR WINE & MALT LICENSE
Representing EM-JO, Inc. d/b/a Ziti’s of Natick were the owner Domenic Rando and Attorney Richard Glaser.
Mr. Glaser stated that Ziti’s was located at 218 Speen Street at the Golf Learning Center. The last prior restaurant at this location was Franco’s and that has gone out of business. Ziti’s had been at this location in the past. Mr. Rando was involved not only in the prior Natick restaurant but with his family in Westborough.
Mr. Glaser advised that his client had been before the Building Inspector. The restaurant was similar to Franco’s with 66 seats and a deck with 20 seats on the deck. The deck was only accessible through the restaurant.
Mr. Ciccariello disclosed that Mr. Glaser was representing his son in some legal matters.
Notice was made of an e-mail from John Wadsworth, Alan Grady, and Skip Savoia, members of the West Natick Neighborhood Association, stating that as individuals they were not opposed to the restaurant in that location.
Erin Varsparaybrook inquired as to why a building permit was needed. Was the intent to add onto the building? She also inquired about the hours.
Mr. Glaser explained that a building permit was required because they were taking out the entrance of the old and replacing it. The hours were determined by permits and were 11:00 a.m.-9:00 p.m. on secular days and 12:00 p.m.-9:00 p.m. on Sundays. Under the rules and regs of the Town an entertainment license was required for any type of entertainment including a TV or music.
Ms. Varsparaybrook noted that a rock band wasn’t going to be brought in. Mr. Glaser’s reply was, “no”.
Mr. Ciccariello thought the hours were 6:00 a.m.-9:00 p.m., but Mr. Glaser didn’t think that was correct. Mr. Ostroff remembered there was a restaurant at the location that served breakfast. If the morning hours were available, Mr. Glaser advised that his client would be willing to consider serving breakfast on Saturday and Sunday. Ms. Challis explained that the hours for
the common victualer’s license and alcohol were different. The common victualer’s license was more expansive.
A motion was made to grant EM-JO, Inc. d/b/a Ziti’s of Natick a common victualer’s license for premises at 218 Speen Street with the hours of 6:00 a.m.-9:00 p.m. Seconded by Mr. Ostroff and unanimously voted.
- Entertainment License
- EM-JO, INC. D/B/A ZITI’S OF NATICK: APPLICATION FOR COMMON VICTUALER’S LICENSE
- EM-JO, INC. D/B/A ZITI’S OF NATICK: APPLICATION FOR ENTERTAINMENT LICENSE
- PUBLIC HEARING: EM-JO, INC. D/B/A ZITI’S OF NATICK: APPLICATION FOR WINE & MALT LICENSE (contd)
Mr. Glaser advised that his client would have two wide screen TV’s and music in the facility. There would be no live entertainment.
Mr. Connolly asked if the music would be pumped to the outside patio. Mr. Glaser’s reply was, “no”.
A motion was made by Mr. Ostroff to award an entertainment license to EM-JO, Inc. d/b/a Ziti’s of Natick at 218 Speen Street for two wide screen TV’s and piped in music. Seconded by Ms. Gloff and unanimously voted.
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to open the public hearing.
Mr. Glaser noted that this location had previously had a beer & wine license. There were 66 seats inside and 20 outside for a total of 85. Mr. Rando was trained in alcohol service and has had prior restaurants. Mr. Rando was aware that each person would be required to have TIPS training and was very aware of all the safety issues and would comply with the requirements of the Town. It was Mr. Glaser’s belief that the area would be well served by a wine & malt license.
Mr. Ciccariello referenced a letter from the Building Commissioner advising he had no objection to the floor plan.
Mr. Ostroff commented that from the application he was glad to see that Ziti’s had a policy on the sale and service of alcohol.
Ann Chapnick, a member of the Board of Trustees of Fairway Estates, noted there were at least 8-9 residents in the audience to support the license.
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to close the public hearing.
Ms. Gloff moved to grant EM-JO, Inc. d/b/a Ziti’s of Natick a wine & malt license for premises at 218 Speen Street. The hours for the service of wine & malt to be 11:00 a.m.-9:00 p.m. on secular days and 12:00 noon to 9:00 p.m. on Sundays. Seconded by Mr. Ostroff and unanimously voted.
Mr. Ostroff reminded the applicant that last call was half an hour before the 9:00 p.m. closing. Mr. Glaser advised that his client was aware of the requirement and prepared to deal with it.
TOWN ENGINEER
Town Engineer Mark Coviello advised that he was before the Board seeking approval of an easement granted by the residents of 24 Franconia Avenue, Gregg and Donna Murphy.
In the briefing book was an aerial photo that showed the layout of the easement. He explained that several years ago there was a problem with the Town drain and when the Highway Department went to correct it, they found the Town didn’t have an easement. In 1998 the individual granted an easement around the existing drain line. The Town went in and made the necessary repairs.
The resident was planning on extending the back of his house and it was noticed that his (Mr. Murphy’s) proposed plans encroached on the easement. To accommodate the expansion the homeowner was agreeable to granting a new easement. The existing drain line was relocated under
the supervision of the Engineering Department. The resident prepared the easement plan and relocated the drain line at his own expense.
Mr. Coviello noted that he was here tonight for the Board to accept the grant of easement. It was registered land that required consent of easement.
Ms. White thanked Mr. Coviello for his hard work to protect the Town’s interest and to help the property owner.
TOWN ENGINEER (contd)
A motion was made by Ms. Gloff to accept the drainage easement granted by Gregg P. and Donna W. Murphy of 24 Franconia Avenue. Seconded by Mr. Connolly and unanimously voted.
Mr. Coviello referred to the pictures in the briefing book of the ongoing work on the Pleasant Street bridge. He noted that on May 28 the Town received a letter from Mass Highway delaying the weight limitation until September to give time to address the structural deficiencies. On July 1 the Mass Highway contractor set up staging and began grouting on July 9 with the bridge closed to one lane from 7:00 a.m.-3:00 p.m. On July 20 the hours of operation changed to Monday through Thursday 6:00 a.m.-4:00 p.m. and on Friday from 6:00 a.m.-2:00 p.m. The increase in work hours was put in place with the goal of completion by August 25. This will give time before September 5 to re-inspect with the hopeful outcome that the bridge will not have any posted weight limits.
Mr. Coviello advised that he has been monitoring the work and was pleased with the work and the cooperation with Mass Highway. One lane was being closed to traffic during the hours of operation with a Police detail on site. Staging was set up on the barrels of the arching and the river was allowed to flow. The whole wall will be grouted similar to how it looks on the upstream.
Mr. Ostroff inquired if these were stop gap repairs or would they make the bridge structurally sound. Mr. Coviello advised that these were permanent repairs, adding that it’s been on the capital plan for the past several years. 25% design plans were done and called for this work to be done. It didn’t take care of all the deficiencies and some safety issues will have to be addressed. The roadway surface still had to be removed, reconstructed, and the drainage put in. There was only one catch basin. Because it was an historic bridge the walls on either side weren’t crash rated so a variance would be needed from Mass Highway.
Mr. Ostroff then inquired as to any kind of vegetation plan and Mr. Coviello responded that it should be maintained a little better. The Town was providing some in-kind service and did some vegetation removal. Several trees were taken down. In the long run there should probably be some vegetation management to make sure the work being done was not undone.
Again Ms. White commended Mr. Coviello. When the Town was first notified of the weight restriction, it was bad news and would have had a significant repercussion. She was in touch with Representative Alice Peisch and in turn talked to the Lieutenant Governor and Mass Highway. Mr. Coviello was of great assistance. The Finance Committee appropriated $50,000 which was the Town’s share of the cost and that was insignificant to the cost the State has absorbed. The Mass Highway people have been terrific to work with on this project.
Mr. Ciccariello asked how the stone work below the water level was being handled and Mr. Coviello responded that it’s been a problem. They didn’t have to go to the river bottom, but since Friday the river rose two feet and the contractor will go back with waders and do that work. They probably had to go within 18” of the base of the arches.
Mr. Ostroff asked about the dollar value of Mass Highway’s share, but Mr. Coviello advised that the state was keeping that close to the vest. They were throwing around $250,000 but it would cost more than that. It was quite an operation.
Mr. Connolly thanked Mr. Coviello and Ms. White for their efforts. This would have been a major issue if not jumped on.
Mr. Connolly then asked about the state of Union Street and was told by Mr. Coviello that Union Street was being done by the contractor doing Glen Street and the lower end of Speen Street. He was trying to get Union paved by the end of this week, but the weather has caused havoc to the paving schedule. The goal was Friday but any rainstorm could put it off. His guess was next week.
Mr. Ostroff asked about the sidewalk on Glen Street. It seemed common for utility poles to be in the middle of the sidewalk. Was there a plan?
TOWN ENGINEER (contd)
Mr. Coviello advised that on Glen Street there were probably 25 poles that were in the process of being moved. They had to wait until the granite was installed before having Nstar out.
JEWEL TIME, INC. D/B/A TIME SQUARE: APPLICATION JUNK DEALER’S LICENSE
There being no one present from Jewel Time, no action was taken.
ENVIRONMENTAL COMPLIANCE OFFICER: GREEN COMMUNITIES PLANNING ASSISTANCE GRANT
Ms. White noted that Environmental Compliance Officer Robert Bois had a large number of initiatives going on related to efficiencies and green communities. The Board would hear several of those at the next meeting but this one had a deadline.
Mr. Bois explained that the grant application for the Town’s Green Communities Planning Assistance was due by August 15. He was asking the Board to support the grant and send a commitment letter to DOER committing the Town to meeting the five criteria used to determine green communities. The importance was that it opened up opportunities for funding to the Town for renewal energy. There was about $10 million annually that went to towns that meet the standards.
This grant was for planning assistance to help the town meet the five criteria. The consultant was procured through DOER and the public bidding process. Three of the five criteria were under the purview of the Planning Board and Community Development Director. Last week the Planning Board voted unanimously to support the grant.
Mr. Bois identified the three criteria already met noting that the Planning Board completed a draft of an as right by-law for renewable energy that they planned to take to Town Meeting this fall and was working on an expedited permitting process that focused on R&D and manufacturing. There was also the criteria of purchasing environmentally friendly vehicles along with the identification of our carbon footprint. He noted that Natick was 1 of 17 communities that had a hybrid buy policy.
In conclusion Mr. Bois stated that the commitment letter would be a good faith effort on behalf of the Town to meet the criteria within one year. In addition to the commitment letter, would be the establishment of an energy committee and that has already been done.
Mr. Ostroff inquired as to when the Town would hear back on the application. Mr. Bois believed it would be August 14. He noted that he felt the Town could successfully argue that it had already met 3 of the 5 criteria so we should be in the priority.
A motion was made by Mr. Connolly to support the filing of the Green Communities grant application and to authorize the Chair to sign the letter. Seconded by Mr. Ostroff and unanimously voted.
CITIZENS CONCERNS
- Nstar West Natick Transmission Lines
Donna Marston told the Board she was looking for a solution to issues affecting her health, property value and appearance of her land. The area in which she lived was not healthy. Testing was done by Nstar and it didn’t seem too bad, but all the electricity was not turned yet.
When she purchased her house no right-of-way was raised. She had a sizable first mortgage and took out a second. Her backyard had big beautiful trees and pictures will show how awful it was now. She didn’t realize what was behind the trees until Nstar took down the trees. Five trees were within the easement, one was not. Now she had to water trees in her backyard (Nstar replanted some new trees) every day. She asked about an irrigation meter and was told it would cost about $2,000.
Ms. Marston continued that she had been told her house was unsellable. Nobody would buy it in a toxic area. She was on disability and it was difficult for her to make ends meet. She had been building up equity for 22 years and it was all taken away from her.
Mr. Ciccariello made the assumption that Ms. Marston was referring to the Nstar transmission lines in West Natick.
CITIZENS CONCERNS (contd)
Mr. Connolly felt that each of Ms. Marston’s issues were issues but he wasn’t sure what was the responsibility of the Town and Nstar.
With respect to the property, Mr. Ciccariello noted that everything on the Nstar right-of-way was Nstar’s responsibility.
Mr. Connolly suggested that Mr. Marston reach out to Joanne O’Leary of Nstar. They planted the trees and it was a large water bill. Mr. Ciccariello assumed if it was on Nstar’s property they would be responsible for maintaining it. He too suggested that Ms. Marston call Nstar to find out what they were going to do.
Ms. Marston responded that Nstar did clean up the mess and planted the trees. Ms. O’Leary told her that Nstar didn’t have to do that and that she was lucky.
With respect to the value, Mr. Ciccariello pointed out that the assessed value wouldn’t occur until there was a full re-evaluation. If the assessment dropped down, the tax bill would drop as well.
Ms. Marston asked about the safety, and Mr. Ciccariello responded that this problem had been vetted through a series of meetings with Nstar. The Board had no control of any of the property related to Nstar.
Ms. Marston wasn’t sure if the trees Nstar planted were on her property or Nstar’s. Ms. White offered to reach out to them.
WATER BILL ABATEMENT REQUEST: INA SHATZ
Ms. White recalled that at the last meeting the Board asked for monthly data since the high reading.
Mr. Ciccariello thought the person from the DPW that went out to Ms. Shatz’ home was to be here to tell the Board what was said.
Ms. White was of the understanding that she was to get information to the Board and she thought she would have had it by tonight.
Ms. Gloff remembered asking for the staff member to be here.
Mr. Ciccariello tabled discussion until the meeting of August 10.
Following a 10 minutes recess, the meeting was reconvened at 9:10 p.m.
CLOSURE OF REGISTRY OF MOTOR VEHICLES
Ms. White provided the Board with an update of the State’s plans to close the Registry of Motor Vehicles in Framingham.
She informed the Board that she attended a meeting on July 22 with the Registrar of Motor Vehicles Rachel Kaprielian regarding the closure of the Registry in Framingham and the planned August 16 opening of an express registry at the Natick service area on the Mass Pike. The express registry would be accessible from the access road off of Route 27.
A number of concerns have been raised associated with this proposal including: reduced service to area residents, increased traffic on Route 27 which was already heavily congested; constrained access to the site. The access road would need to be upgraded in several ways, including cleaning of trash and removal of storage units, expanded parking, possible widening of roadway itself, general clearing of overgrown brush, signage at roadway entrance; difficulty exiting the roadway particularly for those turning northbound onto Route 27; pedestrian access that was difficult at best. Under the present
configuration customers for the registry would have to first cross a tractor trailer travel lane and then the drive through for McDonald’s.
Ms. White noted that one idea was if the facility would be better suited at the Natick District Court at least on a temporary basis, but there was no way the Registry would pay rent. The intent was to get out from under paying rent. It was even uncertain that the Registry would be willing to pay utilities, but she (Ms. White) thought consideration should be given to getting them into the building and avoid a vacant building. Representative Linsky was able to persuade Ms. Kaprielian to visit the Natick site with local representatives and she (Ms. White) wanted to be sure the Board had no objection to
CLOSURE OF REGISTRY OF MOTOR VEHICLES (contd)
pursuing the Natick District Court building when she met with Ms. Kaprielian.
Mr. Ostroff shared the concerns with the Route 27 site. As far as the courthouse, his concern would be having an active Registry next to the Senior Center and parking demand although he supported the idea of seeing that building get some use.
Ms. Gloff advised that she was also going to raise the issue of parking at the Senior Center and would be concerned with how it was going to be handled. She too agreed with getting use out of the building in the short-term. With regard to the Turnpike location, she had a citizen call her and express significant concerns. It was fairly close to an elementary school and there weren’t crossing guards for the access road. The Registry opens at 8:30 a.m. and school starts at 8:20 a.m. She wasn’t sure the Safety Committee would have jurisdiction, but thought it raised a good point.
Mr. Ciccariello stated that he would be against using the courthouse. He had no intention of letting someone use the space at no cost. The amount of traffic at the Framingham Registry was incredible and it would be worse than exists with the courthouse and would be a major issue for the seniors.
Ms. White pointed out that if consideration were given to the courthouse it would only be for the express and it wouldn’t be the same volume as Framingham because it wouldn’t be full service. There would be traffic but absent any other location, it will be at the Turnpike access on Route 27.
Mr. Ciccariello countered that there would be traffic issues no matter where it was located.
MIDDLESEX PARKING GARAGE FOLLOW-UP
Mr. Ostroff reported that Community Development Director Patrick Reffett and he had a meeting last week with representatives from Natick Center Associates and was joined on the telephone by Representative Linsky. It was apparent that the Town didn’t have the resources to undertake a garage and Natick Center Associates has a fraction of the money that would be required.
Representative Linsky thought it was highly unlikely there would be any state or federal money available for any non-commuter garage. The reality was the Town wouldn’t see a garage move forward any time soon and it was better off for the short-term making use of the parking facilities we have.
Mr. Ostroff suggested that an inventory be done of the on-street and off-street parking. Potentially some private lots could be found that may be interested in renting out. Perhaps when the parking fund created by Town Meeting was operational, the discussion could re-start but it was not a short-term plan. Natick Center Associates understood the reality and the main focus was on preserving what there was and communicating with business owners to make sure they have the right idea of parking.
When the Board talks about permit parking fees, maybe an introductory rate could be explored to make sure the parking we have was fully utilized. He wanted to get the Board’s OK to continue discussions with the administration and Natick Center Associates.
Mr. Ciccariello noted there was a subcommittee appointed and questioned why the subcommittee wasn’t working on this. The subcommittee had two
members of the Board of Selectmen, Town administration, and Natick Center Associates. A meeting was held and then stopped. He didn’t understand why the subcommittee wasn’t continuing unless Natick Center Associates didn’t have any interest.
Mr. Ostroff responded that Natick Center Associates had an interest but recognized there wasn’t any money.
Mr. Ciccariello noted that at the last meeting the Board heard from Natick Center Associates that they may have an interest in supplying financing. Mr. Ostroff explained that the reality was the funding wasn’t there. NCA requested last week’s meeting and had questions of
MIDDLESEX PARKING GARAGE FOLLOW-UP (contd)
how to monitor use of the municipal parking. They want to have Deputy Town Administrator Michael Walters Young participate but he was on vacation and it will have to get scheduled when he gets back. That renders moot some of the financial analysis.
Mr. Ciccariello inquired if Natick Center Associates was going to send a letter saying they no longer have an interest. Mr. Ostroff reiterated that it was not that they don’t have an interest. They just recognize the goal of a new parking structure was one thing but we don’t have the money. If outside funding was found, they (NCA) would be glad to help.
WEST NATICK PARKING GARAGE UPDATE
Mr. Ostroff noted that he sent out a copy of the June 18 final report from Jacobs Engineering that had a diagram, timetable, and cost estimates for the West Natick parking garage. The price parking space came down substantially. This report talks about a 33 month process for planning.
A letter to Secretary of the Executive Office of Transportation James Aliosi expressing support for the parking garage at the West Natick MBTA station had been drafted for the Board’s consideration. Mr. Ostroff asked that the Board send the letter to underscore the Town’s interest. What was being talked about was a commuter garage that would be 501 parking spaces on three levels. Should it move forward there would be an opportunity for public participation and input. There were a handful of other communities competing for limited funds.
Mr. Ciccariello expressed concern with signing a letter that was talking about 507 spaces which was an increase of 330. What was the impact on that neighborhood?
Mr. Ostroff explained that part of the process was to recognize the impact. That was where negotiations would take place. He reminded Mr. Ciccariello that this was something the Board supported and sent a letter in June saying the Town would like to be considered for the project. Clearly there were traffic impacts that need to be addressed but it had the potential to solve some traffic problems.
Mr. Ciccariello responded that he would be willing to sign the letter if it addressed those issues in the letter. There were a lot of concerns. It was a residential neighborhood and there were no guarantees the Town could vet the project. It was the MBTA’s property. He didn’t necessarily not support what they were doing but wanted to make sure Natick was able to participate in the design process and have a public hearing for the neighbors.
Mr. Ostroff noted that the design process talked about appropriate oversight.
Ms. Gloff had not read the design report, but thought there was a demand for access to the commuter rail. The downtown station in Natick was not handicapped accessible. There wasn’t adequate parking in the downtown and additional parking in West Natick may free up parking in the downtown. Understanding that some things need to be discussed, she would support sending a letter saying the Board of Selectmen supports this because she thought it was to the advantage of many of the Town’s citizens.
Mr. Connolly thought there was some merit to writing a letter, but there were some concerns. Like Mr. Ciccariello he wanted to make sure the public hearings were accessible to the residents and the Town would have its say.
A motion was made by Mr. Ostroff to authorize the Chair to send a letter to Secretary Aliosi that the Chair has reviewed and was in agreement with. Seconded by Ms. Gloff and unanimously voted.
Given that Mr. Ostroff thought some things were expressed in the design report, Ms. Gloff suggested that perhaps some things could be pulled out of the report and referenced in the letter.
ELIOT SCHOOL LEASE
At the last meeting when she presented the current tenant’s proposal for a short-term lease of Eliot School, Ms. White said she came away
ELIOT SCHOOL LEASE (contd)
with a sense the Board wasn’t necessarily opposed to the rent of $40,000 but was discomforted with the cap on utility expenditure that stipulated the Montessori School would expend no more than $35,000 and the Town would pick up the difference.
Ms. White advised that she met with representatives of Eliot School and did not reach agreement, but they agreed to meet again this week and she would bring a breakdown of the routine maintenance and capital expenditures.
The other piece was that she (Ms. White) had met with Nstar with respect to an energy audit of all municipal facilities and would ask them to prioritize the Eliot School. If Nstar can identify investments that can be made that would be cost effective and help control utilities, that should be explored.
Ms. White advised that she did not have any proposal for the Board this evening but would continue to work on it.
Mr. Ciccariello inquired if there was a timeframe in which an award had to be made. Ms. White believed it was 60 days. She felt both parties were looking to reach an agreement. The Montessori School needs a home and the Town preferred not to have a vacant building. She didn’t see a problem extending the timeframe. The current lease was through June 2010.
COMMUNICATION TOWER RFP
Ms. White had prepared an RFP and a draft lease seeking proposals for co-location of wireless communications facilities on the Town’s existing communications towers. She noted that Town Meeting had approved a zoning change that allowed co-towers to the existing towers. The zoning change was approved by the Attorney General and the Town can solicit bids from telecommunications companies looking to locate in the Town.
The RFP was being reviewed by Town Counsel with a final review to be done by the Procurement Officer and Domenic Mallozzi who provides technical guidance. Ms. White suggested that the Board may wish to allow the issuance of the RFP subject to Town Counsel’s approval or look at it again at the next meeting.
Mr. Ciccariello wanted to be sure that the utility companies would in no way be allowed to increase the height of any of these towers.
Ms. White responded that the DPW was asking the proposed bidders to reconstruct the existing tower but it was not the intent to go higher. The tower at the Fire Station may warrant a new tower so it was being left to bidders.
Ms. Gloff questioned if it was clear that the bidders would not be making the towers taller. Ms. White noted that it was not explicitly stated and it should be made clear.
Mr. Connolly liked the idea and thought it was OK to release the RFP with the clarification on the height.
Mr. Ostroff asked about the towers at Broads Hill and Ms. White explained this was a two phased process. The easier way was to put co-locations on existing. It was a pretty non-invasive way to generate revenue. She would ask the Board to consider the possibility of constructing towers where they do not exist on Town owned land as part of phase 2. There were ways to do that that were not unsightly and there was potentially some significant revenue opportunities.
A motion was made by Ms. Gloff to authorize the Town Administrator to issue the RFP with the changes discussed along with any recommended by Town Counsel and relevant staff. Seconded by Mr. Ostroff and unanimously voted.
FALL TOWN MEETING WARRANT ARTICLES
Mr. Ciccariello announced the warrant for Fall Town Meeting would close on August 21.
Mr. Connolly advised that he would be submitting his article on sex offenders.
FALL TOWN MEETING WARRANT ARTICLES (contd)
Mr. Ostroff commented that he felt if any member of the Board wanted to put something on, he was willing to sponsor it, but if Mr. Connolly preferred to put it on as a citizen petition that too was fine.
Mr. Connolly appreciated Mr. Ostroff’s comments and indicated that he would think about it, but he would bring it back one way or another.
Ms. Gloff reminded the Board of all the things that were referred at the Spring Town Meeting because of the issue of no action. She noted that the Charter and By-Law Review Committee discussed the possibility of adding no action to the possible actions Town Meeting could take.
Mr. Ciccariello asked that the Board have a discussion first before considering an increase in the gas storage fee. With all the other priorities, Ms. White wasn’t certain the article would be ready for the Fall.
CONFIRMATION OF TOWN ADMINISTRATOR’S APPOINTMENT TO COMMISSION ON DISABILITY
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to confirm the Town Administrator’s appointment of Ronald Ordway and Russell Thome to the Commission on Disability.
APPLICATION FOR CONSTABLE
Mr. Ciccariello advised there was a vacancy for the position of constable. The vacancy would only be filled until March 10 and candidates outside of Natick could apply.
Ms. White added that this issue was raised when there was a vacancy in the Town Clerk’s office and Town Counsel determined that for a position normally elected on an interim basis somebody from outside the Town could be appointed. The Board was in receipt of an application from an individual that did not live in Natick and it was her idea that the individual not be present until the Board decided whether or not to give consideration to a candidate outside of Natick. She pointed out that the Board did not need to fill the vacancy.
If the Board were to interview for the position, Ms. Gloff had a preference for somebody in Natick.
Mr. Ostroff had no problem interviewing the candidate. Mr. Connolly was willing to interview him as a courtesy.
It was suggested that interviews wait until September.
EAST CENTRAL STREET RESIDENT: REQUEST FOR SEWER REIMBURSEMENT
A letter had been received from Robert Lesniak on behalf of his mother Theresa Lesniak seeking reimbursement for damage to her property at 132 East Central Street caused by the disconnection of the property from the Town’s sewer system in 2008 and resulting sewer backups.
Ms. White explained that the construction project on East Central Street was completed by Revoli and there was a failure to reconnect Ms. Lesniak to the system.
Mr. Connolly stated that Ms. Lesniak and her son were friends of his. He added that the Lesniak’s couldn’t say enough wonderful things about the whole Water Department and investigation.
Mr. Ciccariello asked about recourse to go after the insurance company for Revoli, but Ms. White didn’t think the amounts rose to that level. The claim was for $1,225.00 to cover Rotor Rooter services. She agreed
with Mr. Ciccariello that a letter could be sent to Revoli and the insurance company.
A motion was made by Ms. Gloff to offer Theresa Lesniak a settlement of $1,225.00 for expenses incurred for services from Rotor Rooter on three occasions at 132 East Central Street as the result of the property being disconnected from the Town’s sewer system. Said $1,225.00 to be paid from the Fiscal 2010 water & sewer enterprise fund. Seconded by Mr. Ostroff and unanimously voted.
MINUTES
On a motion by Mr. Ostroff, seconded by Ms. Gloff, the Board unanimously voted to approve the minutes of the January 5, 2009 meeting.
REQUEST FOR BLOCK PARTY: BACON STREET
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to approve Elana Varon’s request to close Bacon Street from #280-#289 on September 7, 2009 from 1:00-4:00 p.m. for a block party.
ZONING BOARD OF APPEALS: ACCEPTANCE OF RESIGNATION
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to accept the resignation of George Miller from the Zoning Board of Appeals.
COUNCIL ON AGING: ACCEPTANCE OF RESIGNATION
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to accept the resignation of Charlene Foss from the Council on Aging.
NATICK ARTISTS: BANNER REQUEST
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to approve the Natick Artists Open Studio’s request to hang a banner across Main Street for the period of October 9-19, 2009 in advertisement of the Open Studio event.
TOWN ADMINISTRATOR NOTES
- Keefe Technical Vocational School
Ms. White advised that the financial statements for the Keefe Tech Vocational School were in the Selectmen’s office if anyone wished to look at them.
Although this should have been an agenda item, Ms. White thought it was appropriate to indicate that a judgment had been issued for the FLSA lawsuit and the Town would pay $646,000 plus additional costs for legal fees and salaries to the officers between the date the judgment was issued and July 22, the date on which the Town was beginning to pay FLSA overtime.
Mr. Ostroff suggested that at the next meeting it would be constructive to explain what the lawsuit was, what it meant, and when it started.
SELECTMEN’S CONCERNS
Mr. Connolly noted the Paperboard loan was still a mess and wondered if there was anything the Town could do.
Mr. Ciccariello suggested referring this to the Community Development Director.
- Letter of Recognition – DPW Employee David Mullins
Mr. Connolly referred to a heartwarming letter from an elderly woman who had a flat tire in Sudbury when a gentleman from the Town of Natick pulled up and helped her. He refused any payment or offer to buy lunch. He only wished someone would do the same for his mother. The employee was David Mullins.
- Charter & By-Law Review Committee
Ms. Gloff advised that the Charter and By-Law Review Committee was meeting on Wednesday and working their way through the articles so they could put potential changes on the Fall Town Meeting warrant. It was not a posted meeting of the Board of Selectmen so since she was on the committee, the Board members may want to coordinate who may want to be here.
Mr. Ostroff requested a status report on the East School lease.
Mr. Ostroff noted that he spoke to Mr. Ciccariello about whether the Board may want to consider sponsoring a dinner on Veterans Day.
Mr. Ostroff reported that he testified last week in opposition to a bill that would strip local authorities of their ability to issue cable licenses. It was defeated two years ago and it was back.
SELECTMEN’S CONCERNS (contd)
- Economic Development Committee
Mr. Ostroff told the Board that the Economic Development Committee was continuing to meet.
Mr. Ostroff noted that Mr. Connolly and he met with Lt. Lauzon and Community Development Director Patrick Reffett on the subject of pedestrian safety and came up with a solution of changing signage and higher visibility crosswalks. He thought it was a good start and the Town was potentially getting some grant money. The ideas would be coordinated with the Safety Committee and Bicycle & Pedestrian Advisory Committee.
Mr. Ciccariello informed the Board that Framingham Selectwoman Ginger Esty was organizing a pre-season kick off breakfast on the MetroWest Health Care Foundation. Twenty-five towns were involved and she was trying to bring the Chairs of the Boards of Selectmen together for an update. He thought this was something that should have been done every year, but it keeps getting pushed off. The date is August 1 if anyone was interested in going. It was open to any member of the Board of Selectmen.
- Cambridge Police Incident
Mr. Ciccariello referenced the number of e-mails received regarding the Cambridge arrest of the Harvard professor. Mr. Ciccariello pointed out that the arresting officer lived in Natick, but the incident did not happen in Natick and had nothing to do with the Natick Police Department.
ADJOURNMENT
The meeting was adjourned at 10:20 p.m.
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Kristine Van Amsterdam, Clerk
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