BOARD OF SELECTMEN
Natick Town Hall
December 16, 2002
7:00 p.m.
The meeting was called to order by the Vice-Chairman Jefrey A. Stern at 7:00 p.m.
PRESENT: Jeffrey A. Stern, John Ciccariello, Jay H. Ball, Charles M. Hughes. Absent: Paul R. McKinley
ALSO PRESENT: Philip E. Lemnios, Town Administrator; Donna Challis, Secretary
WARRANTS: Payroll warrants were signed by the Board of Selectmen on December 16, 2002 in the amount of $503,745.75. This figure was included in total warrants signed by the Board of Selectmen of $1,870,409.34.
MINUTES
On a motion by Mr. Ciccariello, seconded by Mr. Hughes, the Board unanimously voted to approve the minutes of the November 4, 2002 meeting.
ST. PATRICK’S CHURCH: USE OF COMMON TO DISPLAY CRECHE
Mr. Hughes, seconded by Mr. Ciccariello, moved approval of Saint Patrick’s Church’s request to display the crèche on the Common for the period of December 16, 2002 to January 7, 2003. Unanimously voted.
Mr. Stern requested that in the future the certificate of liability insurance be received prior to the permit being issued rather than after.
CITIZENS CONCERNS
Road Condition – School Street Extension
David Soens of 69 School Street Extension talked about the state of his road. He noted that it was a gravel road that was in very bad shape. The Town has come and added gravel once a year for the past ten years but there was not much more that the Town could do. He has experienced problems with his driveway from the water. Mr. Soens presented the Board with a petition from the neighborhood seeking the Board’s acceptance of School Street Extension as a town road.
Mr. Soens continued that the neighbors talked to Town Engineer Mark Coviello who said that it would cost a lot of money to fix the road because of the shape. It would cost more than others he had seen that were fixed so it could be accepted. Mr. Coviello suggested petitioning to see who would be interested in getting the road fixed.
To Mr. Soens it seemed unfair that the only way to get a better road was to take on this big burden of a big payment to get it paved. There was one family with a special needs child who was confined to a wheelchair and on a lot of days he cannot use the road.
Mr. Soens told the Board that he tried to look into why the street was not accepted and to try to look into what it meant and according to Mr. Coviello the neighbors would have to pay a betterment to have it accepted. Because other roads around School Street Extension were accepted that didn’t have curbing and sidewalks, Mr. Coviello didn’t think it would be appropriate to put those in, however, just to put in the drainage would be several times more than a lot with a good surface already.
Mr. Stern advised that the Board’s hands were tied. It was not an accepted street and there was nothing the Board could do.
When asked by Mr. Stern how many neighbors signed the petition, Mr. Soens responded that there were 11 signatures. He noted that the petition had been taken around by another neighbor who said that everybody from Coburn Street to School Street Extension was in favor.
CITIZENS CONCERNS (contd)
Mr. Stern requested Mr. Lemnios to get a price and a list of what had to be done to get the road accepted. Mr. Lemnios responded that he would speak to the DPW and get back to Mr. Soens.
JOINT INTERVIEW WITH RECREATION & PARKS COMMISSION TO FILL VACANCY: A) JOHN GRIFFITH
The interview was tabled to later in the meeting pending the arrival of a third member of the Recreation & Parks Commission.
RAFFAEL DEGRUTTOLA: INTEREST EXEMPTION
Raffael DeGruttola appeared before the Board to disclose that he was the co-chair of the Cultural Council and that his daughter, a professional violinist, had applied for and had received a grant from the Council. He noted that he had abstained from the vote and that he was not receiving any part of the grant.
Mr. Hughes moved approval of granting Mr. DeGruttola a waiver. Seconded by Mr. Ciccariello and unanimously voted.
INTERVIEW FOR APPOINTMENT TO COUNCIL ON AGING; a) SUSAN SULLIVAN
Susan Sullivan told the Board that she had been working in the health care field and volunteering at the Senior Center. She found the Senior Center to be a wonderful place with tremendous programs and spending time there, you catch the spirit. When she heard there was an opening on the Council, she decided to inquire although she didn’t know what qualifications were required.
Mr. Ball responded that he believed the requirements were the kind of passion Ms. Sullivan clearly displayed and moved to appoint Susan Sullivan to the Council on Aging. Seconded by Mr. Hughes and unanimously voted.
PUBLIC HEARING: CHANGE OF ADDRESS – BENNETT HEMENWAY SCHOOL, WILSON MIDDLE SCHOOL
Representing the School Department was Mary Ellen Dunn, Director of Fiscal Management Services.
A motion to open the public hearing was made by Mr. Hughes, seconded by Mr. Ball, and unanimously voted.
The School Department had requested a change of address for the Bennett-Hemenway School from 14 East Evergreen Road to 22 East Evergreen Road and a change of address for Wilson Middle School from 24 Rutledge Road to 22 Rutledge Road.
Ms. Dunn explained that the request had been submitted because of some postal mailing issues with residents on Rutledge and East Evergreen Roads. They would like to ensure that the mail gets to where it needs to go and that emergency personnel can easily identify the location.
Mr. Stern asked about a recommendation from the Safety Committee, and Ms. Challis advised that the request had gone before the Safety Committee and the Committee was recommending both address changes.
Mr. Hughes inquired if the numbers would be sequential, and Ms. Dunn responded that it was her understanding that the numbers would not be out-of-order.
A motion was made by Mr. Hughes, seconded by Mr. Ball, to close the public hearing.
Mr. Hughes moved approval of changing the address for Bennett-Hemenway from 14 East Evergreen Road to 22 East Evergreen Road and to change the address of Wilson Middle School from 24 Rutledge Road to 22 Rutledge Road. Seconded by Mr. Ciccariello and unanimously voted.
JOINT INTERVIEW WITH RECREATION & PARKS COMMISSION TO FILL VACANCY: A) JOHN GRIFFITH
Joining the Board were elected members of the Recreation & Parks Commission: Ronald Ordway, Jason Giannetti, David Ordway.
John Griffith stated that for the past 10-12 years he was active and interested in recreation programs particularly for youth. He had been involved in the Town’s recreation programs and enjoyed it and would like to get more involved.
JOINT INTERVIEW WITH RECREATION & PARKS COMMISSION TO FILL VACANCY: A) JOHN GRIFFITH (contd)
Mr. Hughes asked if Mr. Griffith was aware that this was an appointment to the next Town election and if he (Mr. Griffith) were appointed and wished to continue, he would have to run in the election. Mr. Griffith responded that he was aware now and that was fine.
Based on Mr. Griffith’s resume and qualifications, Mr. Ciccariello moved to appoint John Griffith to the Recreation & Parks Commission to fill a vacancy left by the resignation of Jeannie Keohane. Seconded by Mr. Hughes. Unanimously voted by both boards – 7-0-0.
APPLICATION FOR TRANSFER OF COMMON VICTUALER’S LICENSE FROM PARTNERS IN CREAM D/B/A BEN & JERRY’S TO DOBBINS GROUP, INC. D/B/A BEN & JERRY’S
Representing the Dobbins Group was Josh Dobbins.
A motion was made by Mr. Hughes, seconded by Mr. Ball, to approve the transfer of the common victualer’s license held by Partners in Cream d/b/a Ben & Jerry’s to the Dobbins Group, Inc. d/b/a Ben & Jerry’s for premises at 1265 Worcester Road. Unanimously voted.
GSH LODGING, LLC D/B/A COURTYARD BY MARRIOTT: CHANGE IN MANAGER
Appearing before the Board was the proposed new manager for GSH Lodging, LLC d/b/a Courtyard by Marriott.
Mr. D’Angelo had presented a copy of the TIPS registration, but Mr. Stern noted that it didn’t indicate whether anyone had passed the course. Mr. D’Angelo noted that the training was held on December 11 and usually the results were not received for 2-4 weeks. He asked the trainer to overnight the exams to the testing center in order to get them back sooner, but he did not have them as of yet.
Mr. Ball asked if Mr. D’Angelo was currently the manager and the transfer of the license would have him as the responsible individual. Mr. D’Angelo confirmed that as correct and added that originally the TIPS certification class was for December 8th, but he found out that day that the class had been cancelled. He immediately called the trainer and got the sufficient number of people to be trained together so he would not miss the training on December 11. He assured the Board that the hotel was very serious about having those things addressed.
Mr. Ball questioned how the other members of the Board felt about approving the transfer in the absence of the TIPS certification. Mr. Stern pointed out that in reality they (Courtyard by Marriott) were open for business at the moment and someone walking in there at 8:30 p.m. on Monday night could get served. Mr. Ball responded that he felt the Board had an obligation.
Mr. Ciccariello inquired as to who was currently managing, and Mr. D’Angelo advised that it was he. When asked how long he had been the manager, Mr. D’Angelo replied that it had been since July.
In follow-up Mr. Ciccariello asked if Mr. D’Angelo had ever had any training in alcohol service, and Mr. D’Angelo said he had. In previous employment he had been certified as an assistant general manager. At the Hilton as the assistant manager he went through TIPS and was certified, but that ended. In the interim he worked at catering halls. Mr. D’Angelo couldn’t recall the last time he was certified, but knew it had been a few years.
Mr. Stern recalled that when the regulations were changed, the Board gave everyone 30 days to get certified.
Mr. Ball asked when Mr. D’Angelo expected to receive notification, and Mr. D’Angelo’s response was the middle of next week. Mr. D’Angelo added that he would contact the testing agency tomorrow to see if he could get any better information.
Mr. Ball proposed approving the transfer contingent upon Mr. D’Angelo’s receipt of a passing grade and notification of the Office within the next two weeks. If certification was not received or Mr. D’Angelo did not pass, the approval would be nullified. Mr. Hughes suggested that the Board could hold the petition and not send it to the ABCC for final approval until Mr. D’Angelo’s certification was received.
GSH LODGING, LLC D/B/A COURTYARD BY MARRIOTT: CHANGE IN MANAGER (contd)
Mr. Lemnios noted that if the Board were put into a position of doing a show cause hearing, the Board may want to put some time element on it. The earliest the certification was expected was December 26 and the
latest it was expected was January 8-11. There was a Board meeting on January 6. The Board could follow that strategy, but it might want to add a deadline for a show cause.
If the Board didn’t vote tonight, Mr. Ciccariello noted that the Courtyard by Marriott was operating illegally and has been operating illegally since July. If the Board appointed Mr. D’Angelo, until he was approved by the ABCC, they were still operating illegally.
Mr. Stern inquired as to the Board’s obligation once they found out that someone was operating in violation of their license. Mr. Hughes noted that the Board could schedule a hearing, and Mr. Stern responded that he was inclined to go that route because this was a situation where there was a manager who was not certified. He (Mr. Stern) would feel more comfortable if it was staff.
Mr. D’Angelo advised that the staff who worked the bars was currently certified and there was a supervisor who was also certified.
Mr. Ciccariello reminded everyone of the incident not long before regarding a manager and the action taken by the Board to suspend the license. This (Courtyard by Marriott) has been since July and he didn’t see any excuse why the change hadn’t been done.
Mr. D’Angelo responded that he couldn’t offer any excuse, but as soon as they became aware of it, they acted as quickly as they could.
Mr. Ciccariello stated that he would lean with Mr. Stern’s thoughts and hold off not approving the change in manager.
A motion was made by Mr. Ball, seconded by Mr. Ciccariello, to schedule a hearing for January 6, 2003 to see what action should be taken if any and if in the interim Mr. D’Angelo’s TIPS passing grade is sent to the Selectmen’s Office, the hearing could be cancelled. Unanimously voted.
Mr. Hughes moved to table the application for a change in manager to January 6, 2003. Seconded by Mr. Ciccariello and unanimously voted.
AMVETS: CHANGE IN MANAGER
Paul Carew, President of the Amvets Board of Trustees, introduced Margaret Laing as the proposed new manager of the Amvets. Ms. Laing would replace the current manager of record Gary Fisher who was terminated from the Amvets employ on November 29, 2002. He noted that Ms. Laing had been working for the Amvets for 12 years as the assistant manager.
Mr. Ball asked if Ms. Laing was currently TIPS certified, and Ms. Laing’s response was, ‘yes’. Ms. Challis advised that since she was already an employee of the Amvets, Ms. Laing’s certification was submitted as part of the license renewal.
Mr. Hughes moved to approve the petition of the Amvets for a change in manager from Gary Fisher to Margaret Laing. Seconded by Mr. Ball and unanimously voted.
2003 RENEWAL OF LICENSES
Mr. Lemnios reported that arrangements had been made for either complete payment or a payment plan for the four licenses not renewed at the previous meeting because of taxes in the arrears.
Mr. Stern was of the opinion that entering into a payment plan was a bit of a hole in the one-year policy and a way for people to get around it. He would like to have Town Counsel examine that and see if the payment plan could be linked to the one-year approval.
Mr. Hughes moved to direct Mr. Lemnios to have Assistant Collector/Treasurer Melanie Phillips report to the Board should anyone not comply with the payment plan and to ask Town Counsel what action could be taken should that occur. Mr. Hughes further moved approval of renewing the following common victualer’s licenses for 2003:
2003 RENEWAL OF LICENSES (contd)
Village Tea Shoppe Honey Dew Donut
One South Avenue 179 West Central Street
Ellie’s Deli Nick’s Ice Cream
Longfellow Sports Club 85 East Central St. LLC
203 Oak Street 85 East Central Street
Seconded by Mr. Ciccariello and unanimously voted.
Mr. Lemnios commended Ms. Phillips for her efforts in getting the issue resolved and the payment plans in place.
DISPOSAL OF SURPLUS EQUIPMENT
In a memo to the Board, DPW Director Charles Sisitsky requested the Selectmen to declare the following pieces of equipment as surplus and authorize the DPW to sell them either by sealed bid or equipment auction:
One 1972 Maxim ladder truck
One 1969 GMC bookmobile/Police Command Vehicle
Mr. Stern inquired as to why the ladder truck was being traded in, and Mr. Lemnios advised that it was of such a vintage that it couldn’t be sold to another department for use.
A motion was made by Mr. Hughes, seconded by Mr. Ball, to declare both the ladder truck and bookmobile as surplus and to authorize the DPW to sell by either sealed bid or equipment auction. Unanimously voted.
Mr. Ball asked about advertising, and Mr. Lemnios responded that it would be advertised in the local paper and the internet. He was not sure of the Central Register because of lack of value.
BOSTON EDISON/VERIZON New England: POLE RELOCATION – WARING ROAD
On a motion by Mr. Hughes, seconded by Mr. Ciccariello, the Board unanimously voted to approve Boston Edison/Verizon New England’s petition for a grant of location to relocate one pole (504/13S) and an anchor guy to the easterly side of Waring Road approximately 110 feet northwest of Westlake Road.
In discussion of the motion, Mr. Ball requested that in communicating the Board’s approval that Boston Edison be reminded of their obligation
to contact the property owner before installing guy wires on private property.
Mr. Ciccariello asked about removal of the old pole, but Mr. Ball expressed his skepticism. Mr. Lemnios noted that there were over 300 double poles around Town. He met with NStar in August and they instituted a tracking program that automatically sends a notification to the next utility, but the utilities aren’t doing it as quickly as possible. Mr. Ball asked if the office automatically got a copy of the notification. Mr. Lemnios advised that the office did not, but the office could request a double pole status. Mr. Stern suggested starting an electronic query system that would get the point across that the Board was unhappy – maybe to the point that it would get done.
BOSTON EDISON/VERIZON New England: POLE RELOCATION – EAST CENTRAL STREET
On a motion by Mr. Ball, seconded by Mr. Hughes, the Board unanimously voted to approve Boston Edison/Verizon New England petition to relocate one pole (109/11) and to install a hip guy at pole 109/11 on the southerly side of East Central Street approximately 44 feet west of Wilson Street.
ST. PATRICK’S LEASE
Mr. Lemnios noted that the lease for the St. Patrick’s parking lot had been under discussion for some time. When the Town entered into discussions with the Archdiocese, their real estate representatives requested an increase in the annual cost of the lot. That increase went from $36,000 per year to $56,160 or a jump of approximately $20,000. The Town communicated to all current permit holders that an increase was necessary to support the new rent figures. The Board of Selectmen voted to establish a fee of $600.00 for Natick residents and $710.00 for non-Natick residents. A renewal policy was built around the Town permitting a minimum of 85 spots or overselling the lot by approximately 13 spots. Letters have been sent to all current permit
ST. PATRICK’S LEASE (contd)
holders and people on the waiting list. The indication to folks was that if they wanted to have a permit, the check should be in the hands of the Town by December 9, and if the Town didn’t get the 85, their checks would be returned to them. To date there were 54 individuals who have returned checks to the Town.
Mr. Lemnios continued that by accepting the 54 requests for permits, the Town would be losing $24,000 per year on the lease and it would be difficult to justify. He felt that the Town had done about as much as it could from existing lists and waiting lists, but at those prices, there doesn’t seem to be the demand to get up to 85 permits. His recommendation to the Board was to not execute the lease. It was always contemplated that the Town would at least break even. He pointed out that in the lease proposal there was the ability that if by March 31, 2003 the Town was not able to get to 85 permits, the terms could be negotiated. The Archdiocese recognized that getting to the 85 might be a problem. Mr. Lemnios also pointed out that in the period of January, February, March the Town would be
losing money. He believed there was too much risk to the Town to enter into this lease.
Mr. Stern inquired as to whether any advertising had been done, and Mr. Lemnios responded, ‘no’, adding that in November there were 72 permit holders and a waiting list of 40. When the letters were initially sent out, there was a flurry of renewals. For the last 2-l/2 weeks the Town has been contacting people who did not renew and those on the waiting list.
Mr. Stern then inquired as to what the price needed to be if the Board decided to move forward with just the responses it had. Mr. Lemnios advised that it would be slightly more than $1,040 to cover the Town expenses.
Mr. Hughes asked if there had been any discussion with the Archdiocese that the Town takes $4,000-5,000 off the top and then whatever was left the Archdiocese takes. Mr. Lemnios responded that there had been some discussion about paying for what we use, but there was no incentive to do that. There was some sense that in the past the Archdiocese had extended favorable terms to the Town and this was an opportunity to balance that.
Mr. Hughes voiced some concern that if it didn’t happen, there would be 40-50 cars more in the downtown looking for parking spaces. Mr. Lemnios felt that it should be noted that on any given day, the lot was never filled. No more than l/3 of that lot was being used.
Mr. Lemnios advised that he did not get the final lease agreement until Friday because there was other language issues that needed to be resolved. He could go back to the Archdiocese and see if they want to do it on a straight fee basis. He noted that the Archdiocese had started at $3.00 per spot and he negotiated it down to $2.50.
Mr. Stern thought the Board had an obligation to the residents who had expressed an interest in the spaces to make it work. He thought the Town should advertise and send a letter back saying there weren’t enough people and the price would be $4.00 per day and see if they were still interested. Before the Board decided not to pursue the lease, he wanted to be sure that every avenue had been explored.
Mr. Hughes felt that Mr. Lemnios should go back to the Archdiocese and say here’s our experience and tell them how much it would cost the Town to maintain the lot, take that amount out, and whatever was left the Archdiocese would take.
Mr. Ball didn’t remember when the agreement between St. Patrick’s and the Town was first signed, but it went back many years. It was done because the Town recognized the need for additional parking. Today the Board found itself in an uncomfortable position because the price was not one that worked, but he still felt an obligation to citizens who would like to park downtown. Mr. Ball asked if it was conceivable that the Archdiocese would act as its own agent in selling spaces and contract with the Town to maintain the lot. That way the Town helps provide parking and the Archdiocese deals with the issue of parking.
Mr. Lemnios explained that because the Church was a non-profit, if it were to directly operate the parking operation, it would put that
ST. PATRICK’S LEASE (contd)
particular piece of their property into a taxable status. That was why they leased it out.
Mr. Stern proposed authorizing Mr. Lemnios to take all of the actions talked about to see if he could make it work. Those actions included going back to the Archdiocese to try to re-negotiate the price, contact the people who expressed an interest to see if they were willing to pay the price needed to break even, and advertise.
Mr. Ciccariello questioned how much would be spent on advertising, and Mr. Stern responded that for the cost of an ad he thought it was well worth it before hanging it up.
Mr. Hughes noted that the problem was that the Town had money from 54 people who expected to park there on January 2. Mr. Lemnios advised that in the renewal letter it was indicated that if the Town did not get 85 permits and the Board of Selectmen did not go forward, the checks would be returned to them. Mr. Hughes, however, pointed out that if the checks were returned to the people because at this time the Board was not in a position to renew the lease and Mr. Lemnios kept doing whatever he could to get the additional people, then the 54 would be lost. Those people (54 who requested permits) need to know one way or the other.
Mr. Hughes moved to authorize the Town Administrator to negotiate with the Archdiocese for a fee based lease whereby the Town would recover its costs and the Archdiocese would get any additional fees. He further moved to authorize Mr. Ball to sign the lease on behalf of the Board if the Archdiocese accepted a fee base lease. Seconded by Mr. Ciccariello and unanimously voted.
In discussion of the motion, Mr. Lemnios agreed that he could ask the Archdiocese if they would amend the lease to reflect any permits sold by the Town and the Town would advertise to get as many permits as possible. He requested that the Board authorize a member of the Board to execute the lease on behalf of the Board since the amendments would have to occur between now and December 31st and the Board was not meeting until January 6th.
Mr. Hughes didn’t think the Town could go back to the 54 people and say they had to pay more. He moved to direct Mr. Lemnios to do whatever he had to do to get the additional revenue needed. Seconded by Mr. Ciccariello and unanimously voted.
Mr. Lemnios agreed with Mr. Hughes about not going back to the 54 people for additional money. He felt a message had been sent since last year and previous years there wasn't a problem selling the permits out.
Downtown Parking Permits
Mr. Lemnios called attention to a memo from Community Development Director Sarkis Sarkisian recommending that there be no increase in the fee for a downtown parking permit for 2003 – that it stay at $275.00.
Mr. Ciccariello requested additional information on the downtown parking permit, but Mr. Stern noted that it was not on the agenda for tonight. It could be put on the agenda for January 6.
Mr. Ball asked that Mr. Sarkisian discuss it with the Natick Center Associates to get their position. Mr. Lemnios noted that he was meeting with the Natick Center Associates this Friday.
For the January 6th meeting, Mr. Ciccariello said he would like to know if the permits would be oversold, what it now costs to take care of the lot and any anticipated capital expenditures coming up on the parking garage.
ANNUAL TOWN MEETING
The Board announced that the Annual Town Meeting would be held on April 8, 2003 with the warrant closing at 5:00 p.m. on February 7, 2003.
Mr. Hughes requested a list of articles referred to the Board of Selectmen at the Fall Town Meeting. He wanted to know what actions the Board was directed to take by Town Meeting and where those stood; i.e. the Wellesley sewer agreement – has that been filed by the Legislature?
BUDGET PLANNING SUBCOMMITTEE UPDATE
Mr. Hughes noted that Mr. Lemnios would be presenting the budget on January 6th. At that point the Committee would get together again and he would report back to the Board.
SELECTMEN’S CONCERNS
Assistant Building Inspector
Mr. Ciccariello congratulated Michael Connolly, assistant building inspector, on having passed the state Building Inspector exams.
Army Base Closing
In response to a request from Mr. Hughes for an update, Mr. Lemnios reported that last week the Army Labs hosted a briefing for Congressman Markey. Mr. Ball, Mr. Ciccariello, and he attended. The Labs will be seeking the Board of Selectmen’s support to lobby, along with other area institutions such as the Chamber of Commerce and Framingham State College, on behalf of this installation. The timeline for the decision was 2005.
ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
_________________________
John Ciccariello, Clerk
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