BOARD OF SELECTMEN
Natick Town Hall
July 13, 2009
6:30 p.m.
The meeting was called to order by the Chairman John Ciccariello at 6:30 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 July 13, 2009 in the amount of $751,528.53. This figure was included in total warrants signed by the Board of Selectmen of $1,931,483.80.
EXECUTIVE SESSION
Mr. Ostroff, seconded by Ms. Van Amsterdam, moved to enter into executive session to discuss matters pertaining to litigation. By roll call vote the motion passed on a 5-0-0 vote. At 6:33 p.m. the Board entered into executive session after announcing that the meeting would return to open session.
The open session was reconvened at 7:00 p.m.
INTERVIEW FOR APPOINTMENT TO THE COCHITUATE RAIL TRAIL ADVISORY COMMITTEE
- David Camacho
- Victoria Masotta
Mr. Ciccariello announced that Victoria Masotta had withdrawn her application.
Mr. Camacho had not as yet arrived, but given that he had been asked to attend since there was competition for the position and now there was not, Ms. Gloff felt that Mr. Camacho had served for a term and should have the opportunity to continue.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to reappoint David Camacho to the Cochituate Rail Trail Advisory Committee.
INTERVIEW FOR APPOINTMENT AS NATICK’S REPRESENTATIVE TO THE MWRA
W.A. (Wiff) Peterson told the Board that he had lived in Natick since 1958 with a few stints outside for the Navy and college. He worked his whole life in waste water treatment and started three companies that dealt with waste water treatment. When he sold the last company, he decided to semi retire and go into consulting. He saw a notice in the Boston Globe saying the Board was looking to fill some committee appointments and he was familiar with the MWRA facilities already having personally worked on them. He was a professional engineer and had extensive experience in training.
Based on what he knew of the MWRA operation, Mr. Ostroff asked if Mr. Peterson thought the MWRA should be doing anything differently than they
were. Mr. Peterson noted that the MWRA was a large bureaucratic agency, but seemed to be a first-class organization and seemed to be focused on quality. He liked their recent initiatives focusing on wind and thought they were doing some interesting things although there were some challenges, i.e. the retirement of the baby boomers. Training up would be a real challenge since most training funds had been cut back. He thought it would be interesting to participate in the committee and see their strategic plans and to see how he could help.
A letter had been received from Timothy Dooling, the Town’s current representative to the MWRA, advising that he did not wish to seek reappointment. Mr. Ciccariello asked that a letter of appreciation be sent to Mr. Dooling.
On a motion by Ms. Van Amsterdam, seconded by Mr. Ostroff, the Board unanimously voted to appoint Winfield A. Peterson as Natick’s representative to the MWRA.
INTERVIEW FOR APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Mr. Ciccariello advised that Laura Senier was not seeking reappointment to the Community Development Advisory Committee and requested that she be sent a letter of appreciation.
Marjorie Gove stated that she had lived in Natick for 24 years and was a Town Meeting member. Ms. Senier called her to say that she was not seeking reappointment and knew she (Ms. Gove) had an interest but not a background in housing. Ms. Gove noted that professionally she had experience in writing and editing and experience in marketing and advertising and had freelanced for the past 20 years writing informational and promotional projects, including brochures, advertisements, web sites. She didn’t know if the CDAC had a need for those skills, but she was interested in serving.
As the Board’s representative and current Chair of the CDAC, Ms. Gloff noted the committee could use Ms. Gove’s skills and would be happy to have them.
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to appoint Marjorie Gove to the Community Development Advisory Committee.
LOOKOUT FARM ADVISORY COMMITTEE REPORT
Chairman of the Lookout Farm Advisory Committee Kenneth Soderholm introduced the Farm’s manager, John Burns.
Mr. Burns informed the Board that Lookout Farm had done a few things over the past 6 to 12 months. They made a painful decision to close the market although he intended to open it again for the months of September and October. That has been the only timeframe that’s been marginally profitable. In addition they transferred all the animals last fall. They had a partnership with Southwick Zoo and would bring them back for the Fall U-Pick season. The emphasis has been on making the farm a viable enterprise.
Mr. Ostroff inquired as to what onsite events had been successful and Mr. Burns responded that primarily they were doing what they had been doing for the last 18 months based on Mr. DeLuca’s (the Town’s attorney David DeLuca of Murphy, Hesse, Toomey & Lehane) opinion – birthday parties, field trips, outings during U-pick. The farm had partnered with Farm Aid, but it was uneventful.
Mr. Burns added that the farm was devastated in June and July with the strawberries and cherries all gone. However, the fall crop looks good and they were praying for great fall weekend weather.
Mr. Soderholm noted that in his letter he had stated that he thought the Committee had served a good purpose in terms of lowering the intensity of dispute. In his opinion the Committee brought a lot of great suggestions for the farm. He also commended Mr. Burns and Mr. Belkin for having done a great job.
In addition Mr. Soderholm said he thought if the Open Space Advisory Committee had been in existence at the time the Lookout Farm Advisory Committee was formed they would have been represented and he still believed they should be. Perhaps with Mr. Moran stepping down as a citizen-at-large, that position could be made into a representative of the Open Space Advisory Committee.
Mr. Ciccariello suggested that if the Open Space Advisory Committee wished to take a vote to have a representative on the Lookout Farm Advisory Committee, they could notify the Board of their vote.
A motion was made by Ms. Gloff, seconded by Ms. Van Amsterdam, to reappoint James Yannes, Charles Emanuelli, Frank Magullion, David Dimmick as citizen-at-large members of the Lookout Farm Advisory Committee. John Moran did not seek reappointment. Unanimously voted.
NORDSTROM CAFÉ BISTRO: PETITION FOR CHANGE OF CORPORATE OFFICERS & DIRECTORS
Representing Nordstrom Café Bistro was Attorney Patricia Farnsworth of Lawson & Weitzen.
Ms. Farnsworth advised there was a change in Nordstrom’s corporate officers. This was a publicly traded company that has been around since the 1950’s and in Natick since 2007. This change has no effect on the Natick operation.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve Nordstrom Café Bistro’s petition for a change in corporate officers.
ASMA REAL ESTATE LEASING, LLC: APPLICATION JUNK DEALER’S LICENSE
Representing ASMA Real Estate Leasing, LLC in their application for a junk dealer’s license for Suite 1035 at the Natick Collection was the President Jim Hensel.
Mr. Hensel noted that his company had had a junk dealers license for the last few months. They were taking another lease and would like to apply for the license. They have been working closely with Lt. Lauzon and Detective Haswell on making sure all the reporting was done as they liked it. The move would be from suite 2040 to suite 1035.
Mr. Ciccariello inquired as to the timeframe for the permit being requested, and Mr. Hensel advised that it would be through the end of August. He added that ASMA was only open Thursday through Sunday, but if they were able to get a full time lease they would be required to be open all hours. That wouldn’t be until September.
Ms. Gloff pointed out that the name of the company had changed. Previously the permit was issued to Arch Stanton. Mr. Hensel explained that ASMA Real Estate Leasing was for leasing purposes. ASMA Real Estate Leasing would hold the lease for the property so they had to apply for the license in that name.
A motion was made by Mr. Ostroff to grant a junk dealers license to ASMA Real Estate Leasing for premises at the Natick Collection, Suite 1035 through August 31, 2009. Seconded by Ms. Van Amsterdam and unanimously voted.
CITIZENS CONCERNS
Jerry Pierce expressed his dissatisfaction with the condition of the old Natick Paperboard site. That area was the gateway to Natick and it was an insult to taxpayers to allow something like this. It was not the DPW’s responsibility. He believed the property owners should take care of it. It was a disgrace and something had to be done.
Ms. White advised that she would follow up with the Community Development office.
- Meadowbrook Water Trust – Water Rates
Robert Coates of the Meadowbrook Water Trust told the Board he was concerned with the lack of progress on setting the water rates. Discussion began in May and the earliest that it would again be discussed was July 27 which was over three months. Initially there were options which increased to nine. Then they were told Town Counsel opined that averaging would have to be applied to all master meters or none bringing the option down to two.
If no averaging were allowed the Meadowbrook Water Trust would pay 2-1/2 times the average single family homeowner or if applied the rates would increase 5%. The rates would still be lower (with the 5% increase) than surrounding towns. With only two options left he didn’t understand why the rates still weren’t settled. It would appear the administration did not like Town Counsel’s opinion and was looking to get around it, but master meter averaging was only fair. When it was discussed again, Mr. Coates thought the opportunity for the public to comment should be re-opened.
Ms. White noted that Deputy Town Administrator Michael Walters Young e-mailed a number of folks that have been following the issue. The administration was working with counsel, but there were a number of communities that employ different methods for master meters and she thought it was essential to speak with those communities on what basis they were implementing the methodology. She believed it was prudent to have Counsel double check which method was most likely to hold up in court.
Mr. Ostroff added that the Board needed to set rates before the next quarterly billing cycle. The Board wasn’t dragging its feet. They just wanted to get as much information as possible.
FOLLOW-UP TO FISCAL 2008 AUDIT
Ms. White pointed out that as noted in her memo to the Board dated July 7, 2009 the Comptroller already identified and addressed many of the recommendations addressed by the audit. Given the receipt of the audit, staff would have had limited opportunity to implement the more substantive auditor recommendations and effectuate significant changes for FY09; such concerns would likely reappoint on the FY2009 audit. Nonetheless, she anticipated a much improved FY09 audit and the FY 2010 audit, with the benefit of a full year with the current Comptroller should be vastly improved.
Included in the memo was a summary of each item addressed by the auditor and where the staff was.
The only action needed by the Board at this time was with respect to the recommendation to form an Audit Committee and she urged the Board to endorse the committee charge she prepared so that may recommend it to the Charter and By-Law Review Committee for consideration at Fall Town Meeting. Ms. White noted that she planned to provide the Board with a status report as to further implementation of the auditor’s recommendations in January.
Ms. Van Amsterdam thought it was important for the public to hear the action to be taken and thought time should be set aside to go through each. When the Comptroller came forward to address the Board she would ask that some of these items be included so the Board wasn’t waiting until January to hear a complete resolution of any of these action items.
Mr. Ciccariello suggested scheduling an update for the last meeting in August.
Mr. Ostroff inquired if it was contemplated that the Board would make appointments to the Audit Committee or turn the charge over to the Charter & By-Law Review Committee for some fine tuning.
Ms. White had listed the proposed membership as 1 current member of the Board of Selectmen, Finance Committee and School Committee appointed as determined by the Chair of the respective board or committee; plus two at-large members appointed by the Board of Selectmen. If the Board wished to form the committee, Mr. Ciccariello proposed that the vacancy be posted.
Mr. Connolly requested an update on the $13,000 issue identified by the auditors. Ms. Gloff suggested that Mr. Connolly let Ms. White know to be certain it was covered under the review.
A motion was made by Ms. Van Amsterdam to form an audit committee with the membership as outlined with an amendment to #2 under the role of the audit committee to review the annual financial statements and management reports and make recommendations with respect thereto. Seconded by Mr. Ostroff and unanimously voted.
The charge as adopted was as follows:
The Audit Committee shall serve as an advisor to the Board of Selectmen with respect to the Town’s financial management systems and controls and annual audit. Specific duties shall include, but were not limited to, the following:
- Make recommendations to the Board of Selectmen on the selection of, and scope of services for, an independent auditor.
- Review the annual financial statements and management reports and make recommendations with respect thereto.
- Make recommendations for areas of operations where expanded scope audits or review of the internal controls may be appropriate. Note that this provision was not intended to conflict with or supersede similar authority of the Finance Committee under Article 23, section 5 of the Town By-Laws.
- Review and make recommendations with respect to the Town’s financial management practices and controls; through the Town Administrator, review with appropriate boards and departments opportunities to improve such practices and controls.
- Report to the Board of Selectmen on the status of recommendations the Committee and/or independent auditor has made during the preceding 12 months.
- Submit a summary of their work for the preceding calendar year for inclusion in the Town’s Annual Report.
As a member of the Charter & By-Law Review Committee, Ms. Gloff advised that it was on their agenda for discussion. She could imagine a scenario where the committee would have a few suggestions and changes and they would then bring the changes back to the Board to see if they were acceptable.
Ms. White asked about filling the seats. She pointed out that at present it was a Board of Selectmen committee not established by by-law. She thought it was important to start filling the seats now because of the upcoming audit.
Mr. Ciccariello asked that letters be sent to the Finance Committee and School Committee and the at-large vacancies be posted for appointments to be made on August 17.
DEMONSTRATION OF WATER METERS
Ms. White prefaced the demonstration by noting there had been a couple of requests from residents to abate water & sewer bills and on a couple of occasions the resident suggested there was no way they were using this much water. It had always been explained to her that the meter could not over-read and she asked for a demonstration of how it worked. The demonstration was so enlightening, she thought it was something the whole Board should see.
Doing the demonstration was Kevin Ti of Ti Sales the company that supplies the Town’s water meters. Also in attendance was Water & Sewer Supervisor Jack Perodeau.
Mr. Ti noted this was a family owned and operated business that originally sold pipe valves and fittings that evolved into meters. Sales of meters were excess of $16 million. They were the exclusive distributor of Neptune.
Mr. Ti advised that a water meter was a straightforward mechanical device. Inside was a measuring chamber with a specific volumetric capacity. In residential meters the volumetric capacity was 1-400th of a second of a cubic foot. There were no batteries, no engine, no motor. All the energy came from the passing of the water. If there was no water the meter did nothing. It was the water that caused the revolution. The meter couldn’t go by itself. When the meter was new it was as good as it was ever going to be. The tolerance was very precise. Once wear occurred it only became less efficient. It couldn’t become more efficient.
Mr. Ti continued that the American Water Works Association sets performance parameters with a performance range. If the meter was testing within the parameter, there was nothing that would happen to it in its lifetime that would make it run higher. The only thing was it would be less efficient and run slower. It could happen with intervention. The accuracy of the meter would only decline over time.
Ms. Gloff inquired if the meter could read higher than the water going through it. Mr. Ti advised that it couldn’t run higher. When the meter was new and in perfect condition that was as efficient as it could be.
Mr. Ciccariello inquired if air could flow through and measure the same. Mr. Ti’s response was, “absolutely”. He added that it would register the air almost the same as the water but there wasn’t that volume of air in the distribution system.
Mr. Ti clarified that he had said there were no batteries in the meter and that was correct, but the reader transmitter was controlled by battery.
During the previous demonstration, Ms. Gloff recalled that one thing talked about was the size of a hole. Mr. Ti distributed a calculation showing the amount of water used with different sized leaks and noted that people don’t appreciate how much water can be lost through a small orifice in a small amount of time. It was way more than people realized.
Mr. Ostroff inquired as to the possibility of error in the way the information was transmitted. Mr. Ti explained that each reader transmitter had a unique identification code. The source of most problems was in the data base but that was all software related. That (transmitter error) would be ruled out by taking a physical reading off the dial itself.
Noting that Natick did a monthly read, Mr. Ostroff inquired if there were communities that had a different way of getting a reading to the central data base that would provide more continuous reads. Mr. Ti responded that no one had done a WiFi but the industry was changing quickly and a lot of people were talking about fixed networks. It was new but hadn’t gotten widespread adoption yet.
Hearing that virtually all issues stem from leaks, Mr. Ostroff said he was looking for a way technology could tell us what’s sent through the system and track the leaks so the Water Department could know almost immediately and take action.
Mr. Ti advised that technology was moving rapidly and since the Town did the meters a lot of new products have been introduced but you couldn’t just change toall new infrastructure when something new came along.
DPW Director Charles Sisitsky pointed out that even if they read it every hour on the hour all they could do was determine if someone had an abnormally high use. They couldn’t tell if there was a leak. The Town was read every month even though bills only go out every three months. They look at reads not being billed at that time and if something jumped out the mechanic would send a letter or leave a note on the door. They have gotten calls from people that received a note thanking them. What they have found was that 9 times out of 10 the problem was with the toilet. Even a small leak can lead up to a lot of water.
Mr. Connolly noted that the individual that went around and dropped a note about high usage was more of a courtesy. No one was picking or choosing. If it was seen, it would be brought to the individual’s attention. Mr. Sisitsky confirmed that to be correct.
Mr. Connolly asked if there was any guidance for when people came in with a high water bill. There was an individual with a plumber’s report showing there were no leaks and an outrageously high bill.
Mr. Ti reiterated that the amount of water lost through a leak could add up more quickly than anybody realized. He thought the DPW did a good job on the proactive monthly reading. Most municipal utilities don’t have people going to that extra effort.
Mr. Ciccariello inquired if there were any other communities with the same system and Mr. Ti advised that Worcester, Sudbury, Maynard used the same system. He thought it was the most widely used system in the northeast.
Mr. Ostroff commented on his philosophy for abatements and the fact that a $2,000 water bill didn’t mean it cost the Town $2,000 to produce the water. Mr. Ti thought it sounded practical and charitable especially if there was the recognition something occurred and caused the water to be lost. He worried when an abatement was requested and the explanation was the meter was not accurate. If a customer felt adamant, the meter would be removed from service and tested and if the test showed it was correct that should resolve the dispute of whether the meter was accurate. If there was an alleged fixed meter the manufacturer would take it apart and look at it. He felt that was a better procedure than saying it was inaccurate.
Mr. Ostroff inquired as to who was responsible for the expense. Mr. Ti advised that if the meter was inaccurate, the company would absorb the expense and if the meter was accurate, the individual would be charged $50.00. The forensic disassembly was free.
Mr. Sisitsky disagreed with Mr. Ostroff. There were a lot of fixed costs to run the Water Department – electricity, salaries, chemicals. When the rates were set those costs were factored against an estimated amount of water sold every year. The Town needs to raise every penny it could to cover the cost. If water bills were abated enough wouldn’t be taken in to cover the costs. It would force the rates up and other people would pay more. The water coming out of the ground may not cost much but to get it to the final distribution costs a lot.
Mr. Ostroff didn’t disagree that most of the costs were fixed and he didn’t want to see people coming for abatement.
INA SHATZ: REQUEST ABATEMENT OF WATER BILL
Ina Shatz of Westlake Road told the Board she received a high water bill for $621.70 and in the 42 years she lived in the house she never had a bill like this. The technician couldn’t explain it. She didn’t have any leaks and was never made aware of it. As suggested by Ms. White she paid $100 to avoid the late charge. She was a senior citizen and the only one living in her house until the weekend when her son came.
Ms. Shatz continued that she couldn’t afford to pay $621.70 and didn’t feel like she should. Something was wrong. The technician (DPW) said it was back to normal. She couldn’t explain it and neither could the technician.
Mr. Ciccariello asked if Ms. Shatz knew who the technician was, but she did not other than it was someone from the Water Department. He was great and Ms. White was great, but she didn’t know what happened and was never informed. Everybody makes mistakes and a machine can be wrong.
Mr. Connolly pointed out that if a technician came out it was a courtesy.
Ms. Shatz inquired as to who she should call if she got a bill this size. They were getting paid to do a job and the technician should come down and look at the meter. He (technician) couldn’t explain it but it was normal now.
Mr. Connolly asked if Ms. Shatz had done any construction, irrigation, but she said no. She didn’t have a sprinkler and didn’t have leaks and didn’t use $621.70 water for a quarter. This was outrageous.
Finance Director Robert Palmer advised that the meter had just been read at the beginning of the month and after the high it went back to normal.
Mr. Ciccariello inquired if Ms. Shatz had had a plumber. Ms. Shatz responded that she did not. When the technician came there weren’t any leaks. He checked everything and couldn’t see any leaks and the reading went back to normal. She noted that she never had a bill like this.
The Board had data that went through the end of April and Ms. Gloff said she would like to know the number for the past two months.
Before making a decision Mr. Ciccariello thought a little more research was needed and tabled further discussion to the next meeting.
AMBULANCE STUDY REPORT
Ms. White noted that she had talked to the Board sometime ago about some work plan priority for the office of the Town Administrator. Members of the Board and others expressed an interest in having a study conducted of the ambulance and comparison of privatization and other options. The first priority was Town Meeting and then water rates and when that got settled, the ambulance service study could get underway. Deputy Town Administrator Michael Walters Young would make a presentation of the work he had done. Ms. White emphasized that the report being presented was a preliminary report.
Having just received this over the weekend and with some members having been on vacation, Mr. Ciccariello didn’t think everyone had had an opportunity to read through the report. He asked Mr. Walters Young to just give a summary overview.
Mr. Walters Young noted that the focus on Fiscal 2011 was the cost of health care for employees and fire and ambulance. This was Phase I. The goal was to lay out the framework of the study and components of it. Parts were completed and other parts hardly completed at all. His goal tonight was for the Board to listen to the summary, read it over and get back to him on whether the administration was on the right track and if there were other areas that need to be looked at. The question to be focused on was what was the level of risk the Town was willing to accept.
Mr. Walters Young highlighted the sections of the study.
Section I was the executive summary.
Section II the Historical Perspective. Mr. Walters Young noted there had been a number of studies over the past 25 years that he combed through and provided salient points in regard to the ambulance service.
Section III Current Service Delivery Model. Mr. Walters Young advised that currently it was ALS. Sometimes there was a second ambulance.
Section IV Comparative Communities. This looked at population levels of comparable communities and the level of medical service their Fire Department provides.
Section V Costs: Past, Present and Future. Mr. Walters Young pointed out that pg. 23 of the report attempted to give an estimate for the costs of the ALS. It could be said that any personnel in the Fire Department would effectively be there anyway so it was just the ambulance supplies. That didn’t seem appropriate. An option was to take any one who was an EMT-I or paramedic and take their costs against revenues. That was the next step of the process. There was also the factor of an override that added eight paramedics and four EMT’s and their benefits.
Section VI Alternatives. Mr. Walters Young listed three alternatives – 1) contracting out; 2) regionalization. In a lot of areas in the country this has happened in dispatch; 3) hybridization
Section VIII Recommendations for FY 2011 and Beyond. This was part of the next steps.
In conclusion Mr. Walters Young told the Board that this was an initial finding. He wanted to keep this in front of the Board every month or so, but conclude it in time to help guide the administration in the FY11 budget preparation.
Ms. Van Amsterdam thanked Mr. Walters Young for his verbal presentation as she felt it truly highlighted that this was a preliminary report. She thanked the administration for first and foremost looking out for the health and welfare of the citizens of the Town and being cognizant of the cost of providing any service. Mr. Walters Young highlighted that the next phase will need to look at different models and she thought it was incumbent upon the administration and the fire chief to participate, but she was looking to the administration as the entity to be the most objective to analyze all the data knowing there will be a lot of work provided by the Fire Department in providing data.
Ms. Van Amsterdam stated that she thought it was important in looking at the different models if the administration looked to get better data from the surrounding communities and if for regional the administration may have to look outside Massachusetts or the region for comparison. If surrounding communities were reluctant to give us their reports, for Wellesley she suggested contacting Representative Peisch. She (Ms. Van Amsterdam) knew Newton had been looking at this issue for many years and have gone through multiple contracts with private ambulance service. She would look to the Fire Department to help the administration with factual data provided. It was her hope the Board would end up with a true comparison of a variety of models and she looked to her colleagues to provide the administration with the
models the Board would like to see.
To the question of risk, Ms. Van Amsterdam noted the discussion couldn’t start without data of the service provided, the cost and removing some emotion from risk. Risk was discussed by non-profits and in the private sector on a daily basis. She stressed the need for this to be a hand in glove effort so no one from the public would be able to say this was not an objective exercise.
Mr. Ciccariello expressed the importance of contacting and getting information from communities on why they have or have not gone to private ambulance. This was part of the recommendation of the Expense Control Task Force and any assistance that committee could give in reaching out to other communities and individuals to help the process, Mr. Ciccariello suggested that the administration use their assistance.
Mr. Ostroff commended Mr. Walters Young for a great first step. This was an ambitious undertaking. As the executive board, the focus of the Board of Selectmen was the need to craft a policy that works for the Town. He came to this with an open mind and wrestled with how to remove the revenue from a service that provides about 60% of the runs the department did without compromising the cost effectiveness of the rest of the department.
Mr. Connolly said he would be curious on response times from AMR vs inhouse. Framingham and Wellesley were presently our mutual aid communities and they were already privatized which to him was a concern. It was his understanding that AMR had a financial agreement with Wellesley and that changed quite a bit. He also heard that Framingham was trying to bring back its own inhouse service.
Fire Chief James Sheridan acknowledged that everyone felt this was a great first step and Mr. Walters Young had done a tremendous job. He (Chief Sheridan) challenged some of the assumptions and hoped this was not ready for public consumption. He believed the ambulance was making a lot more money and some of the assertions of the override he didn’t think were accurate. He would like to have some of the issues cleared up and while he didn’t think anything said tonight was out-of-line, he would like to amend some things.
Mr. Ciccariello noted that the assumption was that the Fire Chief would be involved in a lot of the data work collection. Chief Sheridan confirmed that he as well as the department would be involved.
Ms. Van Amsterdam asked if the Board would like her and the Expense Control Task Force to look at this and put together some questions that could be forwarded to the administration. Mr. Ciccariello thought that was appropriate.
Mr. Ostroff clarified that nothing was being delegated to the Expense Control Task Force other than looking at the study and putting together questions.
At 9:15 a recess was called. The meeting was again called to order at 9:25 p.m.
DESIGNATION OF EMERGENCY MANAGEMENT DIRECTOR
Ms. White advised that the Town’s Emergency Management Director had been the Police Chief who recently retired and both Chief Mannix and she were recommending that Fire Chief James Sheridan be designated as the Town’s Emergency Management Director. Interim Police Chief Nicholas Mabardy supports this appointment. Chief Sheridan has training in emergency management and the Local Emergency Committee was chaired by Fire Deputy Lentini.
A motion was made by Ms. Gloff to appoint Fire Chief James Sheridan as the Emergency Management Director. Seconded by Mr. Connolly and unanimously voted.
Chief Sheridan agreed to provide the Board with updates on the Emergency Management directives.
Mr. Ostroff asked about the ambulance that was being fixed and Chief Sheridan responded that A1 was out for approximately a week and a district vehicle was brought in. When A1 comes back A2 was going out.
ELIOT SCHOOL LEASE
Ms. White reported that the RFP for the short-term lease for the Eliot School had been issued. Three entities requested the RFP but only one submitted a proposal.
The current lease expires June 30, 2010. At present the Montessori School pays rent in the amount of $60,000 per year. The current lease was structured such that the Town paid the cost of the heating fuel, electricity and water/sewer consumed on or furnished to the leased premises.
The proposed lease terms provide for a one year lease, with two one-year options. The Montessori School proposes to pay $40,000 for the first year; $42,000 for the second year (if applicable); and $44,000 for the year (if applicable). The proposed lease provides that the tenant pay all utilities.
Ms. White advised that the Montessori School has proposed a modification to this provision, specifically that they would pay up to $35,000 per year toward the cost of heating fuel, electricity and water/sewer consumed on or furnished to the leased premises. The bidder suggested that, based on a review of the utility costs for the past two years and planned improvements to the heating system, the utility costs should stay within this amount.
Ms. White continued that the DPW prepared some information as to recent utility costs. In FY2008 the heating cost was very high and electricity costs running $6,000-$11,000. Presently the Town has been paying more than $35,000 in utilities. The Eliot Montessori School has suggested with the improvements planned for the heating system, they didn’t think the bills would be that high but with so much fluctuation in oil prices there was no certainty and she didn’t know how the Board wanted to respond. Even with that proposal she felt this lease was structured much better than the current arrangement and gave the Town at least some profit.
Mr. Ciccariello pointed out that the breakdown of utilities didn’t have water/sewer costs and requested that they be provided.
Given that the Town was making $60,000 now, Ms. Van Amsterdam had an issue with $40,000 and given that Eliot Montessori was the only respondent, she would hate to see the Town being held hostage. For an entity to say they would only pay “x” amount of water/sewer when they were using the building was ludicrous for the Town to pickup all the utilities. In today’s environment that didn’t make sense. She could be persuaded to go with the $40,000 but not with the Town paying one cent for water, sewer, electricity.
Ms. Gloff mostly supported what Ms. Van Amsterdam had said. She (Ms. Gloff) was OK with the $40,000 given that out of the $60,000 the Town was paying the utilities but she was not comfortable keeping the utility at $35,000. Looking at the numbers presented that didn’t include water & sewer it was more than that.
Mr. Ostroff pointed out that if the Board entered into something and felt it was uneconomical, the Board was not obligated to renew for a second or third year. Ms. White confirmed that it was a one year lease with two possible extensions by mutual agreement.
Mr. Connolly echoed Ms. Van Amsterdam’s statements. The math didn’t make sense.
Mr. Ostroff advised that about two weeks ago the committee had a hearing on the home rule petition (to allow for the long-term lease of Eliot) and he spoke on both that one and the other home rule petition on the establishment of a parking fund. They should be reported out favorably in the next few weeks and passed early in the fall.
TCAN: REQUEST FOR FOUR (4)ONE DAY ALCOHOL LICENSES
Mr. Ostroff disclosed that he was a member of The Center for Arts in Natick and had a statement on file in the Town Clerk’s Office there was no financial obligation. Ms. Gloff and Ms. Van Amsterdam stated they were members of TCAN with no statement on file and no financial interest.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to grant The Center for Arts in Natick four one day wine & malt licenses for July 18, August 8, August 14, and August 15, 2009.
BLACKTHORN ESTATES: JUNK DEALER’S PERMIT
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve Blackthorn Estate Buyers, Inc’s. application for a junk dealer’s permit to purchase estate items (watches, jewelry, silver, coins, diamonds, paintings, etc.) from the public at a location in the Courtyard by Marriot at 342 Speen Street for the period of August 5-8, 2009.
METROWEST GROWTH MANAGEMENT COMMITTEE: NOMINATION TO TRANSPORTATION TASK FORCE
Mr. Ostroff advised that as a member of the MetroWest Growht Management Committee Executive Board he was authorized to make an appointment to the MWGMC Transportation Task Force and would like to nominate Community Development Director Patrick Reffett.
Ms. Van Amsterdam moved approval. Seconded by Ms. Gloff and unanimously voted.
APPOINTMENT OF SPECIAL COUNSEL – 40B PROJECTS
Ms. White noted that Lisa Mead of Bobrowski & Mead had been acting as special counsel for 40B projects and providing expert assistance in the review of 40B projects. Both she and the Community Development Director recommend the re-appointment of Ms. Mead as special counsel.
Most of Ms. Mead’s fees were paid by the applicant although occasionally the Town incurred some nominal costs.
A motion was made by Ms. Van Amsterdam, seconded by Ms. Gloff, to appoint Lisa Mead of Bobrowski & Mead as special counsel for 40B projects for fiscal 2010. Unanimously voted.
COTTAGE STREET: ORDER OF TAKING
Ms. White noted that Cottage Street was accepted once by Town Meeting but there were problems with the survey. The layout was revised and Town Meeting voted again. The order of taking was the last stage.
A motion was made by Ms. Van Amsterdam to approve the order of taking for Cottage Street. Seconded by Ms. Gloff and unanimously voted.
LOCAL OPTION TAXES
Mr. Ostroff advised that the budget process at the State concluded last month and included two things that Natick may act on if it chose. The state sales tax and meals was increased from 5% to 6.25% and a local option was provided where cities and towns can increase the local meals tax by ¾% and all that money stayed within the cities and towns. The hotel/motel which was up to 4% can be increased up to 2%.
The Department of Revenue would have projections in a couple of weeks.
Mr. Ostroff explained that it would be up to Town Meeting whether to accept the two provisions. The Board could bring it to Town Meeting, but may want to wait until it was known what was involved before taking any action. He spoke to a member of the Framingham Board of Selectmen and Ms. White spoke with the Framingham Town Manager. It was his (Mr. Ostroff’s) view that if the Town were to do this the most constructive would be to do this as a source to address the backlog of capital needs and not the operating budget. That was something for debate and for Town Meeting.
FALL TOWN MEETING NOTICE
Ms. White informed the Board that the Fall Town Meeting warrant would close August 21. She provided the Board with a list of some items for possible inclusion in addition to the standard articles. She included the two local taxes. Other possible articles were: rescind unneeded portion ($80,000) of high school feasibility study borrowing authorization; abandon a portion of a drainage easement on Franconia Avenue; increase gasoline storage license fee; FLSA settlement; acceptance of Newfield Drive; Charter and By-Law Review Committees recommendations on an Audit Committee and Capital Planning Committee.
Ms. Van Amsterdam suggested that two other articles may be the potential move of the Town Clerk to be appointed and the removal of the Police Chief position from Civil Service.
Mr. Connolly advised that he planned to re-introduce an article from last spring for a Level III sex offenders zone.
CONFIRMATION OF TOWN ADMINISTRATOR’S APPOINTMENT TO COMMISSION ON DISABILITY
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to confirm Ms. White’s appointment of Susan Fitzgerald to the Commission on Disability.
APPOINTMENTS/REAPPOINTMENTS
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to appoint Police Chief Nicholas Mabardy as the Lock Up Keeper.
- Veterans Director/Burial Officer
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to appoint John MacGillivray as the Veterans’ Director and Burial Officer.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to reappoint Bruce Weisberg and Paul McKeon to the Affordable Housing Trust.
On a motion by Mr. Ciccariello, seconded by Ms. Van Amsterdam, the Board unanimously voted to appoint Ms. Gloff as the Board of Selectmen’s representative to the Affordable Housing Trust.
- Bicycle & Pedestrian Advisory Committee
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to reappoint Daniel Sohl to the Bicycle & Pedestrian Advisory Committee.
e. Conservation Commission
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to reappoint George Bain and Evan Pagliuca to the Conservation Commission.
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to reappoint Hank Szretter, Arnold Pinsley, and Martha Jones to the Cable Advisory Board.
Ms. Van Amsterdam moved to reappoint Kathleen Mulkerron and Elizabeth Killeen to the Council on Aging. Seconded by Ms. Gloff and unanimously voted.
- Elderly & Disabled Taxation Fund Committee
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to reappoint Ralph Letner to the Elderly & Disabled Taxation Committee.
Ms. Van Amsterdam moved the reappointment of Stephen Evers as a regular member of the Historical Commission and Marjorie Balcom as an alternate member. Seconded by Mr. Ostroff and unanimously voted.
- Historic District Commission
On a motion by Ms. Van Amsterdam, seconded by Mr. Ostroff, the Board unanimously voted to reappoint Christopher Milford as a regular member of the Historic District Commission.
Timothy Tapley chose not to seek reappoint and the Board requested that he be sent a letter of appreciation.
- Information Systems Advisory Board
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to reappoint Hank Szretter to the Information Systems Advisory Committee.
- Katherine & Waldo Kennedy Trust Fund
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to reappoint Reverend Victoria Guest to the Katherine & Waldo Kennedy Trust Fund.
A motion was made by Ms. Van Amsterdam to reappoint Donna Hermann and Chris Rehl to the Natick Cultural Council. Seconded by Ms. Gloff and unanimously voted.
- Open Space Advisory Committee
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to reappoint Martin Kessel, David Dimmick and Conservation Commission representative George Bain to the Open Space Advisory Committee.
o. Recreation & Parks Commission
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to reappoint Wayne Szretter to the Recreation & Parks Advisory Committee.
p. Recycling Advisory Committee
Ms. Gloff moved to reappoint Terry Miller and Michael Linehan to the Recycling Advisory Committee. Seconded by Ms. Van Amsterdam and unanimously voted.
q. Town Forest Committee
Mr. Ostroff stated that he had a concern because the Town Forest Committee hadn’t met in over a year and didn’t file anything in the Annual Town Report and he wouldn’t support reappointing the members until there was some information. Mr. Ostroff told the Board he was willing to reach out and get a sense of where they were or ask them to come to a Selectmen’s meeting.
r. Walcott Fund Board of Managers
On a motion by Ms. Gloff, seconded by Mr. Connolly, the Board unanimously voted to reappoint Reverend Victoria Guest to the Walcott Fund Board of Managers.
s. Youth Advisory Board
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to re-appoint Priscilla Valasco and Christopher Mason to the Youth Advisory Board.
t. Town Counsel
A motion was made by Ms. Gloff, seconded by Ms. Van Amsterdam, to reappoint Murphy, Hesse, Toomey & Lehane as Town Counsel. The motion passed on a 4-1-0 vote. Mr. Ciccariello, Mr. Ostroff, Ms. Van Amsterdam, Ms. Gloff voted in favor of the motion. Mr. Connolly was opposed.
Mr. Ostroff noted there had been discussions of where the Board wants to go with Town Counsel and his gut told him it was probably a six month process if the Board was serious about testing the waters. If the Board wanted to investigate the possibility, he believed it was something to do early.
Mr. Connolly recommended looking at the issue this fall.
u. Special Municipal Employees
A motion was made by Mr. Ostroff to designate constables as Special Municipal Employees. Seconded by Ms. Gloff and unanimously voted.
A motion was made by Mr. Ostroff to designate the members of the Cable Advisory Board as Special Municipal Employees. Seconded by Ms. Gloff and unanimously voted.
MINUTES
A motion was made by Ms. Gloff, seconded by Mr. Ostroff, to approve the minutes of the December 15, 2008 meeting. The motion passed on a 4-0-1 vote. Mr. Ciccariello, Mr. Ostroff, Ms. Gloff, Mr. Connolly voted in favor of the motion. Ms. Van Amsterdam abstained.
TOWN ADMINISTRATOR NOTES
- Registry of Motor Vehicles
Ms. White reported that she had been advised by Representative Linsky there was a meeting on Wednesday at the Framingham Town Hall with the Registry of Motor Vehicles regarding the closure of the Framingham Registry.
SELECTMEN’S CONCERNS
Mr. Connolly thanked DPW Highway Supervisor Tom Hladick for his quick response to some of his (Mr. Connolly’s) requests.
Mr. Connolly recognized the efforts of the Friends of the Fourth in organizing a fun time for all.
Mr. Connolly referred to a letter regarding the ladies from MCI doing community service work in Natick. He noted that he had seen them working around the center and would like the Board to send a letter thanking them.
Ms. White noted that Corey Lovett, Building Maintenance Supervisor, made great use of that source of labor.
Mr. Connolly raised concerns with the new days for the recycling center. There were no week days and maybe that was something to review, particularly for the senior population.
Mr. Connolly requested an item for the July 27 agenda for the Viet Nam Moving Wall.
Mr. Connolly moved to request the DPW and Police Department place pedestrian signs at the following crosswalks: Town Hall, Route 135/27, Middlesex Avenue and Route 27. Seconded by Mr. Ciccariello. Following a brief discussion no vote was taken.
In making the motion, Mr. Connolly noted that he saw crosswalk violations every day and at least the sign was trying to do something.
Mr. Ciccariello proposed bringing it to the Safety Committee, but Mr. Connolly pointed out that the Board could make this happen tomorrow and did not need authorization. Mr. Ciccariello reminded Mr. Connolly that having these types of things reviewed by the Safety Committee was a policy the Board had for years.
Ms. Gloff suggested having Interim Chief Mabardy and Lieutenant Lauzon in to talk about this problem. She agreed the Safety Committee should take a look at this but maybe have the Chief and Lieutenant come to the next meeting.
Mr. Ostroff said he was going to suggest that Mr. Connolly and he attend the next Safety Committee meeting which typically was the last Tuesday of the month. He shared the concern of a lot of near misses, but didn’t know if the signs advert it. He heard the signs work a little while and end up getting hit.
- Cognex Dedication of Distribution Center
Mr. Ostroff advised that last week was a dedication party at Cognex for a new distribution center. Cognex was expanding as best they can in this economy. The Cognex executives have been very complimentary about their experience in Natick particularly with people in Community Development and were very willing to talk to the Town to provide a testimonial. The first meeting of the Economic Development Committee was this week and they would be looking for antidotal incidents.
Mr. Ostroff noted the frustration of February and March dealing with what changes the Board wanted to make in the budget and he would like to have a strategic discussion on the agenda either late summer or early fall to think about what constructive role the Board could play in the budget process.
Mr. Ciccariello requested updates on the Pleasant Street bridge and the Town Hall Police/Fire boilers.
ADJOURNMENT
The meeting was adjourned at 10:25 p.m.
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Kristine Van Amsterdam, Clerk
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