Agenda PDF

Transcription

Agenda PDF

BOARD OF SELECTMEN
Edward H. Dlott Meeting Room
AGENDA
September 6, 2016
5:45 PM
Open Session Begins at 7:00 PM
EXECUTIVE SESSION
Real Property - CSX Transportation
Discuss the Deployment of Security Personnel or Devices, or
Strategies with Respect Thereto
To Comply With, Or Act Under the Authority of Exemption (c) of
the Public Records Law and the MA Right to Privacy Act MGL
Chapter 214, Section 1B
Litigation
ANNOUNCEMENTS
1. Water Ban Update 8/31/16
WHAT'S NEW
2. Town Clerk - Early Voting
CITIZEN'S CONCERNS
CONSENT AGENDA
3. Re-appoint Joe Weisse to the MBTA Advisory Board
4. Approve Request for Exemption from Town By-laws Article
41, Section 4
a. Kenneth Magarie
Current Position: Counselor - Recreation & Parks
Second Position: Math Teacher
b. Richard Cohen
Current Position: BOKS ("Build our Kids") Instructor
Second Position: Lunch Monitor
5. Approve Block Party Request on Franconia Ave 10/1/16 (Rain
Date 10/2 or 10/15)
6. Approve Boston Marathon Parade Permit - 4/17/17
7. Approve Carry the Fallen Parade Permit 10/22/16
8. Approve One-Day Entertainment License - 4th Annual
Joseph's HOPE Benefit Concert for the Epilepsy Foundation
of New England - Natick Elks Club - 10/22/16
9. Approve Banner Request - Rotary Club 10/24-10/30/16 &
4/10-4/23/17
10. Approve Selectmen Meeting Minutes
APPOINTMENTS
11. Teresa Pagliuca: Interview for Appointment to the Cultural
Council
Due to illness, Ms. Pagliuca is unable to attend this evening
and will reschedule.
12. Natick Common Residences, LLC: Request to Occupy a
Public Way
13. Meatball Kitchen: Consider Automatic Amusement Device
License
14. Town Clerk - Appointment of Election Workers
15. Police Chief - Appointments
Appointment of Three Permanent, Full-Time Police Officers
Effective 9/26/16
Aaron Carter, William Crisafulli, Derek Kane
Appointment of Parking Control Officers
Lindsey Arsenault, Gordon Van Tassel, Fadi Karim,
Brandon Levesque, Antoine D'Orra, Nicholas Alvarado,
Jeffrey Corbett
16. Council on Aging Director: Accept Donation from the Friends
of the Natick Senior Center
DISCUSSION AND DECISION
17. 2016 Fall Annual Town Meeting Warrant Articles* - Articles 5,
6, 7, 17, 23
18. Grant of Special Municipal Employee Status: Personnel Board
TOWN ADMINISTRATOR NOTES
SELECTMEN'S CONCERNS
CORRESPONDENCE
Correspondence 9/6/16
* A list of Warrant Articles and text are available on the Town
Website at Natickma.gov, in the Town Clerk's Office, the
Selectmen's Office, the Post Office, the Bacon Free Library, and
the Morse Institute Library, and at one location in each precinct.
ITEM TITLE:
ITEM SUMMARY:
ATTACHMENTS:
Description
Water Ban Update
Water Ban Update 8/31/16
Upload Date
9/1/2016
Type
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
Town Clerk - Early Voting
ITEM TITLE:
ITEM SUMMARY:
Re-appoint Joe Weisse to the MBTA Advisory Board
ATTACHMENTS:
Description
Letter from the Advisory Board
Email from Joe Weisse
Application
Upload Date
8/31/2016
8/31/2016
8/31/2016
Type
Cover Memo
Cover Memo
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
Approve Request for Exemption from Town By-laws Article 41, Section 4
a. Kenneth Magarie
Current Position: Counselor - Recreation & Parks
Second Position: Math Teacher
b. Richard Cohen
Current Position: BOKS ("Build our Kids") Instructor
Second Position: Lunch Monitor
ATTACHMENTS:
Description
Municipal Employee Exemptions
Upload Date
8/25/2016
Type
Cover Memo
ITEM TITLE:
Approve Block Party Request on Franconia Ave 10/1/16 (Rain Date 10/2
or 10/15)
ITEM SUMMARY:
ATTACHMENTS:
Description
Request
Police Reccomendation
Upload Date
8/31/2016
8/31/2016
Type
Cover Memo
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
Approve Boston Marathon Parade Permit - 4/17/17
ATTACHMENTS:
Description
Request and Police Approval
Upload Date
8/25/2016
Type
Cover Memo
Patricia O'Neil <poneil@natickma.org>
Boston Marathon 4/17/17
2 messages
To: Brian Lauzon <lauzon@natickpolice.com>
Thu, Aug 25, 2016 at 3:08 PM
Your recommendations?
Trish O'Neil
Executive Assistant
Town of Natick
13 East Central Street
Natick, MA 01760
P: 5086476410
F: 5086476401
poneil@natickma.gov
www.natickma.gov
Boston Marathon 04.17.17.pdf
652K
Brian Lauzon <lauzon@natickpolice.com>
To: Patricia O'Neil <poneil@natickma.org>
Trish,
Recommend approval. We are actively participating in the planning process for this event.
Brian
[Quoted text hidden]
Thu, Aug 25, 2016 at 3:26 PM
ITEM TITLE:
ITEM SUMMARY:
Approve Carry the Fallen Parade Permit 10/22/16
ATTACHMENTS:
Description
Request
Police Recommendation
Details of Event
Map
Upload Date
8/31/2016
8/31/2016
8/31/2016
8/31/2016
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
FAX
SPECIAL ATTENTION:
CHIEF AND OVERNIGHT/DAY SHIFT SUPERVISOR OF THE FOLLOWING
DEPARTMENTS: Hopkinton PD, Ashland PD, Framingham PD, Natick PD, Wellesley
PD, Newton PD, Brookline PD, Boston PD
FROM: Aaron Brown, Team Leader, Carry the Fallen- Team Minuteman
Email: aaron.brown1115@gmail.com
Cell phone: 603-828-6356
RE: Requesting Traffic Safety Escort/Assistance for Carry the Fallen Ruck March
DATE OF EVENT: October 22, 2016
Carry the Fallen is requesting traffic/safety assistance again for their 12th Ruck
March in order to raise awareness/education/prevention of Veteran suicide and
collect funds to help built a retreat for Veterans suffering from PTSD.
On March 19, 2016 we will set out again with over 50 participants from Active
Heroes organization, Armed Forces, Veterans and civilians. Each will be carrying
backpacks, flags, etc, and will be marching the entire Boston Marathon route
starting at 0600. Participants will march in two columns and a trail vehicle will be
following the group to provide warning to traffic and also support for those
marching. There may also be 2 additional private vehicles. All participants will be
wearing reflective clothing and carry a flash/headlight. Participants will mainly be
on the sidewalks as much as possible in order to NOT disrupt traffic or cause any
traffic concerns.
PLEASE SEE ATTACHED: The attached map will give a detailed breakdown of our
arrival and exit of each town/city.
Who is Carry the Fallen?
Carry The Fallen is a Ruck-March (Hiking) EVENT with a purpose by and for ACTIVE HEROES, a
501c3 Charity coordinated by Volunteer Team Leaders. Team Minuteman is the Boston based
team. Learn more at: https://activeheroes.org/carry-the-fallen
Video: https://vimeo.com/95668655
ITEM TITLE:
Approve One-Day Entertainment License - 4th Annual Joseph's HOPE
Benefit Concert for the Epilepsy Foundation of New England - Natick Elks
Club - 10/22/16
ITEM SUMMARY:
ATTACHMENTS:
Description
Request and Police Approval
Upload Date
9/1/2016
Type
Cover Memo
Natick Elks event 10/22/2016
4 messages
Frank Salituro <frank@sagerx.com>
To: "poneil@natickma.org" <poneil@natickma.org>
Mon, Aug 22, 2016 at 12:53 PM
Hi Patricia,
Thanks for all the information over the phone.
Some details about our event are in the slide enclosed and below and additional information is on the website
All proceeds go to the Epilepsy Foundation New England.
Please let me know about the check, who to make it out to and where to send, as well as the time and date for the next meeting.
http://www.epilepsynewengland.org/josephshope/
Francesco
Francesco G Salituro, Ph.D.
Vice President, Chemistry
Sage Therapeutics
215 First Street
Cambridge, MA 02141
Cell
5086121354
Office
6172998396
Fax
6172998379
EFNE benefit FGS.pptx
86K
Frank Salituro <frank@sagerx.com>
Fri, Aug 26, 2016 at 8:45 AM
Hi
I hope you got this. Please let me know what are next steps
Francesco
Francesco G Salituro, Ph.D.
Vice President, Chemistry
Sage Therapeutics
215 First Street
Cambridge, MA 02141
Cell
5086121354
Office
6172998396
Fax
6172998379
From: Frank Salituro <frank@sagerx.com>
Date: Monday, August 22, 2016 at 12:52 PM
Subject: Na᥊ck Elks event 10/22/2016
Hi Brian. You recommendation?
Forwarded message
From: Frank Salituro <frank@sagerx.com>
Date: Mon, Aug 22, 2016 at 12:53 PM
Subject: Natick Elks event 10/22/2016
Tue, Aug 30, 2016 at 11:49 AM
Trish O'Neil
Executive Assistant
Town of Natick
Natick, MA 01760
P: 5086476410
F: 5086476401
poneil@natickma.gov
www.natickma.gov
86K
Trish,
Recommend approval. I don't see anything here that would warrant us requesting a police detail.
Respectfully,
Lt. Brian G. Lauzon
Wed, Aug 31, 2016 at 12:08 PM
Trish O'Neil
Executive Assistant
Town of Natick
Natick, MA 01760
P: 5086476410
F: 5086476401
poneil@natickma.gov
www.natickma.gov
86K
Trish,
Recommend approval. I don't see anything here that would warrant us requesting a police detail.
Respectfully,
Lt. Brian G. Lauzon
Wed, Aug 31, 2016 at 12:08 PM
ITEM TITLE:
ITEM SUMMARY:
ATTACHMENTS:
Description
Request
Approve Banner Request - Rotary Club 10/24-10/30/16 & 4/10-4/23/17
Upload Date
8/30/2016
Type
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
ATTACHMENTS:
Description
April 1, 2015
April 13, 2015
April 27, 2015
August 8, 2016
Approve Selectmen Meeting Minutes
Upload Date
9/2/2016
9/2/2016
9/1/2016
9/6/2016
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
BOARD OF SELECTMEN
Natick Town Hall
April 1, 2015
6:30 p.m.
Present: Chairman Charles M. Hughes, J Richard P. Jennett, Jr., Joshua Ostroff, Nicholas S.
Mabardy and John Connolly
Also Present: Town Administrator Martha White and Executive Assistant Donna Donovan
Executive Session
Mr. Jennett, seconded by Mr. Ostroff, moved to enter into executive session to discuss matters
pertaining to real property. By roll call vote the Board voted to enter into executive session. Mr.
Ostroff, Mr. Mabardy, Mr. Hughes, Mr. Connolly and Mr. Jennett all voted in favor of the
motion. At 6:00 p.m. the Board entered into executive session after announcing that the meeting
would return to open session. The Chair further announced that discussion of real in open
session would have a detrimental effect on the Board of Selectmen’s negotiating position.
The open session was reconvened at 7:00 p.m.
Announcements
Town Clerk, Diane Packer administered the oath of office to the newly elected officials.
Discussion and Decision
1. Reorganization
Mr. Ostroff nominated Mr. Hughes as Chairman of the Board. Mr. Jennett seconded that
nomination. The Board unanimously voted to appoint Mr. Hughes as Chairman of the Board.
Mr. Hughes nominated Mr. Ostroff as Vice-Chairman of the Board. Mr. Ostroff seconded that
nomination.
Mr. Mabardy nominated Mr. Jennett as Vice-Chairman of the Board. Mr. Connolly seconded
that nomination.
By a 3-0 vote, Mr. Jennett was appointed Vice-Chairman of the Board. Mr., Hughes and Mr.
Ostroff abstained from voting.
Mr. Connolly nominated Mr. Mabardy as Clerk of the Board. Mr. Jennett seconded that
nomination. The Board unanimously voted to appoint Mr. Mabardy as Clerk.
Appointments with the Board of Selectmen
1. Deb Sayre for Kids Connect: Application for a One Day Entertainment License
April 1, 2015
Ms. Sayre requested the license for a fundraiser to be held on April 12, 2015 to benefit Kids
Connect, Inc. A comedy night is planned at the Natick VFW. On a motion by Mr. Jennett,
seconded by Mr. Mabardy, the Board unanimously voted to approve the one day entertainment
license.
On a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board unanimously voted to adjourn at
7:50 p.m.
______________________
Nicholas S. Mabardy, Clerk
A list of all documents used at this Board of Selectmen meeting are available at:
http://naticktown.novusagenda.com/AGENDAPUBLIC/MeetingView.aspx?MeetingID=154
&MinutesMeetingID=-1&doctype=Agenda
2
BOARD OF SELECTMEN
Natick Town Hall
April 13, 2015
6:30 p.m.
Executive Session
pertaining to real property, collective bargaining and litigation. By roll call vote the Board voted
to enter into executive session. Mr. Ostroff, Mr. Mabardy, Mr. Hughes, Mr. Connolly and Mr.
Jennett all voted in favor of the motion. At 6:00 p.m. the Board entered into executive session
after announcing that the meeting would return to open session. The Chair further announced
that discussion of real property, collective bargaining and litigation in open session would have a
detrimental effect on the Board of Selectmen’s negotiating position.
1.
2.
3.
4.
Announcements
Ms. White announced Earth Day will be taking place on April 25th on the Town Common.
Ms. White announced a student art walk is taking place and various businesses in the down town
area are displaying the art.
Mr. Hughes announced the start of Town Meeting on April 14th.
Mr. Ostroff announced MassDot will be opening bids for the Marian Street bridge project on
July 10th.
What’s New
DPW Director, Jeremy Marsette provided an update of the Boston Marathon road preparations.
Citizens’ Concerns
No one spoke during citizen’s concerns.
1. Discussion Regarding the WWII Museum Proposal
Jim Hanrahan of Bowditch & Dewey spoke of the proposed expansion of the World War II
museum on Mercer Road. Ken Rendell, Found and Director of the Museum provided a brief
history of the museum.
April 13, 2015
2. DPW Director: Supplement to Snow and Ice Removal
DPW Director Jeremy Marsette addressed the Board requesting a second overdraft snow and ice
removal expenses for FY2015. Mr. Marsette stated that the original appropriation for FY2015
was $150,000 and overdraft authorizations to date have been $850,000. Expenditures as of April
9, 2015 total $1,243,174.85 leaving a deficit of $243,174.85. Mr. Marsette provided a summary
of the snow and ice removal costs. Mr. Marsette requested an additional authorization of
$275,000. On a motion by Mr. Jennett, seconded by Mr. Mabardy, the Board unanimously voted
to approve an additional overdraft authorization of $275,000.
3. Interviews for Appointment to the Cultural Council
Applicants Maria Clark and Joe Idzal appeared before the Board. Mr. Idzal and Ms. Clark spoke
of their interest in the committee, their strengths and what they felt their contributions to the
committee would be. On a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board
unanimously voted to appoint Ms. Clark and Mr. Idzal to the Cultural Council with a term
ending June 30, 2017.
4. Interviews for Appointment to the Economic Development Committee
Applicants Meaghan Welford, William Alfano, and Peter Wellmen were present. Applicants Eric
Jones and Anna Tesmenitsky were not in attendance. Ms. Welford, Mr. Alfano and Mr.
Wellman stated why they were interested in serving on the committee and what they thought
they could contribute to the committee. By paper ballot, the Board unanimously voted to
appoint Meaghan Welford and William Alfono to the Economic Development Committee with a
term expiring June 30, 2017.
5. Procurement Officer Peter Roche
a. Town Beach Dock Contract – Mr. Roche and Jon Marshall, Director of Recreation and
Parks spoke of the bids. Mr. Roche recommended that the contract be awarded to the
only bidder, EZ Dock of Hudson, NH in the amount of $115,000. On a motion by Mr.
Ostroff, seconded by Mr. Jennett, the Board unanimously voted to award the contract to
EZ Dock in the amount of $115,000.
b. Mowing and Line Trimming Contract – Mr. Roche and Art Goodhine, Supervisor of
Land and Natural Resources spoke of the bids. Mr. Roche recommended awarding the
mowing and line trimming contract to the low bidder, Greenscape Land Design of
Taunton, MA in the amount of $156,000. Mr. Jennett inquired about the other three
bids as no information was provided to the Board. Mr. Hughes asked that going forward,
all bidders information be provided. Mr. Connolly inquired if contractors doing work at
the school are CORI checked. Mr. Ostroff referred to the contract which states that any
employees of the contractor will have had pre-employment criminal background checks.
On a motion by Mr. Jennett, seconded by Mr. Ostroff, the Board unanimously voted to
award the contract to Greenscape Land Design in the amount of $156,000.
2
April 13, 2015
6. James York/Games Underground: Application for a Junk Dealer and Automatic
Amusement License
James York was present to request approval of his application. Mr. York submitted a junk dealer
application, an automatic amusement application, a list of the arcade machines and sizes, articles
of organization and a layout of the store. Lt. Lauzon’s recommendation of approval was noted.
On a motion by Mr. Jennett, seconded by Mr. Mabardy, the Board unanimously voted to grant a
junk dealer and automatic amusement license to James York.
7. George’s Pizza: Transfer a Common Victualer’s License
George Vidianos Was present to request the current license be transferred to Tacos, Inc. Mr.
Vidianos stated he is an employee of the restaurant and is in the process of purchasing it. It was
noted that Building Inspector, Dave Gusmini inspected the site and found no building code or
zoning by-law issues. It was also noted that Board of Health Inspector, Jane Anderson had no
concerns as well. On a motion by Mr. Jennett, seconded by Mr. Connolly, the Board
unanimously voted to grant the license to George Vidianos/Taco, Inc.
8. O’Brien Construction Co.: Request Placement of Temporary Dumpster
Michael O’Brien of O’Brien Construction and General Contracting, Inc. was present to request
the approval of placing a dumpster adjacent to the building at 34 Main Street while renovations
are taking place. The dumpster will be placed from April 30 – June 30, 2015 (original request
stated April 15 – June 15, 2015). On a motion by Ostroff, seconded by Mr. Jennett, the Board
unanimously voted to approve the temporary dumpster with the conditions that it not occupy the
first two spaces and it be covered at the end of each work day.
1. Public Hearing: Square Dedication for the Francoise Family
Mr. Mabardy read the hearing notice into the record. Veteran’s Agent, Paul Carew was present.
Mr. Carew requested to dedicate the square at Elmwood and Cottage Streets in honor of the
Francoise Brothers. The dedication will take place on May 2, 2015. The Historical Commission
and the Community Development Department had no concerns with this location. On a motion
by Mr. Ostroff, seconded by Mr. Jennett, the Board unanimously voted to close the public
hearing. On a motion by Mr. Jennett, seconded by Mr. Ostroff, the Board unanimously voted to
approve the square dedication at Elmwood and Cottage Streets.
2. Public Hearing: Square Dedication for Sgt. DeFlumeri
Mr. Mabardy read the hearing notice into the record. Veteran’s Agent Paul Carew was present.
Mr. Carew requested to dedicate the square at Harrison Avenue and Cochituate in honor of the
Army Sergeant Alfred DeFlumeri. The dedication will take place on April 18, 2015. The
Historical Commission and the Community Development Department had no concerns with this
location. The OSS Society (Office of Strategic Services) submitted a letter of support. On a
3
April 13, 2015
motion by Mr. Ostroff, seconded by Mr. Jennett, the Board unanimously voted to close the
public hearing. On a motion by Mr. Jennett, seconded by Mr. Ostroff, the Board unanimously
voted to approve the square dedication at Harrison Avenue and Cochituate Street.
3. Farmers Market Application for Section 15F Wine License: Carr’s Ciderhouse
Farmer’s Market Coordinator, Deb Sayre was present on behalf of Carr’s Ciderhouse. Ms.
Sayres recommended approval stating that all the necessary application material was submitted
and Carr’s was a returning vendor. On a motion by Mr. Mabardy, seconded by Mr. Jennett, the
Board unanimously voted to approve the Section 15F Wine License for Carr’s Ciderhouse.
4. Taxi Rules & Regulations: Vote on Effective Date
Mr. Ostroff recommended having discussions with the Town of Framingham about harmonizing
the taxi regulations. Mr. Hughes suggested that Ms. White contact the Framingham Town
Manager. Tim Kelley of JFK Transportation was asked if an effective date of 6/1/15 was
acceptable. Mr. Kelley affirmed that it was a reasonable date. On a motion by Mr. Connolly,
seconded by Mr. Jennett, the Board unanimously voted the effective date of 6/1/2015 for the new
taxi rules and regulations.
5. Town Meeting Warrant Articles 6, 7
Chairman of the Parking Advisory Committee, Paul McKinley was present to speak on Article 6
(home rule petition to allow the lease of the former Middlesex Avenue parking garage site) and
Article 7 (home rule petition to allow the lease of South Avenue parking lot). Discussion took
place regarding forming a Parking RFP Committee subject to the approval of the two articles.
On a motion by Mr. Ostroff, seconded by Mr. Connolly, the Board voted 4-1 to establish a
Parking RFP Committee with the charge presented. Mr. Mabardy opposed.
Requested Action
On a motion by Mr. Jennett, seconded by Mr. Connolly, the Board unanimously voted to
approve the 4th of July Committee’s request for the use of the Common and parade permit.
On a motion by Mr. Jennett, seconded by Mr. Ostroff, the Board unanimously voted to approve
the minutes of March 2, 2015.
approve DMSE Sports, Inc.’s request for the use of the Common and parade permit for the
Jimmy Fund walk on September 27, 2015.
On a motion by Mr. Jennett, seconded by Mr. Mabardy, the Board unanimously voted to approve
Natick Cab Co.’s request to transfer license #4 to a 2015 Dodge Grand Caravan registration
#TA26260.
JFK Transportation’s request for an additional license.
4
April 13, 2015
approve Kennedy Middle School Destination Imagination Team’s request to use the Common on
April 20, 2015.
approve West VA Work Camp’s request to operate a food stand in front of the First
Congregational Church on April 20, 2015.
approve Gphomestay’s request to use the Common on April 20, 2015.
approve Stonyfield Yogurt’s request to use the Common on April 20, 2015.
On a motion by Mr. Connolly, seconded by Mr. Jennett, the Board unanimously voted to
approve Natick Together For Youth’s request to hang a banner from May 17 – May 23, 2015.
approve the Rotary Club’s request for their annual “Tour de Natick” bike ride on June 21, 2015
and to hang a banner from June 14 – June 21, 2015.
On a motion by Mr. Connolly, seconded by Mr. Ostroff, the Board unanimously voted to
approve Natick Little League’s request for a parade permit on May 2, 2015.
approve Heather Pini’s request for block party on Peterson Road on June 27, 2015 with a rain
date of June 28, 2015.
On a motion by Mr.. Connolly, seconded by Mr. Jennett, The Board unanimously voted to
approve the Tri-State Trek Bicycle Ride on June 26, 2015.
approve the Doug Flutie, Jr. Foundation for Autism’s 5k road race on October 4, 2015.
approve Natick Youth Football & Cheerleading’s request to hang a banner from April 26 – May
2, 2015.
Selectmen’s Concerns
Mr. Jennett inquired about the Community Choice Electric Supply program stating that there was
no information on the Town web site.
Mr. Jennett will contact Town Engineer, Mark Coviello regarding unaccepted public ways.
Mr. Jennett asked the Board to consider a consent agenda.
5
April 13, 2015
Mr. Mabardy requested that Eversource attend a meeting to address double poles.
Mr. Mabardy announced there are vacancies on the Affordable Housing Trust Fund Committee.
Mr. Ostroff stated there is a financial planning meeting scheduled for April 22, 2015.
On a motion by Mr. Jennett, seconded by Mr. JOstroff, the Board unanimously voted to adjourn
at 9:35 p.m.
______________________
6
BOARD OF SELECTMEN
Natick Town Hall
April 27, 2015
6:00 p.m.
Executive Session
pertaining to real property, collective bargaining, litigation, executive session minutes and a
complaint against a public official. By roll call vote the Board voted to enter into executive
session. Mr. Ostroff, Mr. Mabardy, Mr. Hughes, Mr. Connolly and Mr. Jennett all voted in favor
of the motion. At 6:00 p.m. the Board entered into executive session after announcing that the
meeting would return to open session. The Chair further announced that discussion of real
property, collective bargaining, litigation, executive session minutes and a complaint against a
public official in open session would have a detrimental effect on the Board of Selectmen’s
negotiating position.
Announcements
Mr. Ostroff commented on the Boston Marathon stating it was a wonderful experience for all
involved.
Mr. Hughes announced the grand opening of JJ Lane Park and encouraged people to visit the
park.
Mr. Hughes announced a square dedication taking place on Saturday, May 2nd in honor of the
Francoise brothers.
Mr. Hughes announced that the annual Little League parade is taking place on Saturday, May 2nd
at 9:00 a.m.
What’s New
The new Community and Economic Development Director, Jamie Errickson was introduced.
Citizens Concerns
No one spoke during Citizens Concerns.
April 27, 2015
1. Procurement Officer Peter Roche
a. Pine Street Contract
DPW Director, Jeremy Marsette spoke on the Pine Street contract. On Mr. Roche’s
recommendation, and on a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board
unanimously voted to award the Pine Street contract to the low bidder, I.W. Harding
Construction Co., Inc. of West Bridgewater, MA in the amount of $1,983,749.25.
b. Supervisory Control and Data Acquisition Contract (SCADA)
DPW Director, Jeremy Marsette spoke on the SCADA contract. On the recommendation of
Mr., Roche and on a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board
unanimously voted to award the three year SCADA contract to the one bidder,
SCADANetworks of Atkinson, NH in the amount of $130.00/hour.
c. Centralized Irrigation System Contract
Supervisor of Land Facilities and Natural Resources, Art Goodhine spoke on the
Centralized Irrigation System contract. On the recommendation of Mr., Roche and on a
motion by Mr. Ostroff, seconded by Mr. Jennett, the Board unanimously voted to award the
Centralized Irrigation System contract to the low bidder, Smart Water Management of
Hopkinton, MA in the amount of $29,660.
d. Personal Property Data Collection Services Contract
Assessor, Jan Dangelo spoke on the Personal Property Data Collection Services contract.
On the recommendation of Mr., Roche and on a motion by Mr. Ostroff, seconded by Mr.
Jennett, the Board unanimously voted to award the Personal Property Data Collection
Services contract to the one bidder, Patriot Properties, Inc. of Marblehead, MA in the
amount of $50,000.
2. SLJ Beverage Inc.: Application to Change Alcohol License d/b/a from D&L Liquors to
Dion’s Wine and Spirits
Owner, Joe Dion was present. Mr. Dion stated he purchased the store one or two years prior
and was cleaning up some paperwork and getting things in order. On motion by Mr. Jennett,
seconded by Mr. Connolly, the Board unanimously voted to approve the d/b/a name change to
Dion’s Wine and Spirits.
3. First Congregational Church: Request Waiver of $600 Building Permit Fee
Wayne Szretter and Amy Foley, Trustees of the First Congregational Church were present. Mr.
Szretter stated they are requesting a refund of the $600 building permit fee they paid to replace
the front door of the church. Discussion took place regarding the need for a more consistent
2
April 27, 2015
policy regarding fee waivers. Mr. Ostroff offered to work on a draft policy. On a motion by Mr.
Ostroff, seconded by Mr., Connolly, the Board unanimously voted to approve the fee waiver.
4. Edward Gaffney: Request to Occupy a Public Way
Mr. Gaffney was present to request permission to occupy the sidewalk of Washington Street
between Court Street and South Avenue on July 1, 2015 from approximately 8:00 p.m. to 11:00
p.m. The purpose is to film a scene of a movie. Lt. Lauzon’s request for a detail police officer
was noted. On a motion by Mr. Ostroff, seconded by Mr. Connolly, the Board unanimously
voted the request to occupy a public way with details to be worked out with the Police
Department.
5. Above and Beyond Catering: Request a One Day Liquor License
Marcus Kelly of Above and Beyond Catering was present to request a one day liquor license for
an in-store shopper’s mother’s day event being hosted by Burberry at the Natick Collection.
The event will take place on May 9, 2015 from 3:00 to 7:00 p.m. and approximately 100 guests
will attend. All bartenders are T.I.P.S. certified and the applicant holds a MA state caterer’s
liquor license. Lt. Lauzon’s request for one detail police officer was noted. On a motion by Mr.
Connolly, seconded by Mr. Ostroff, the Board unanimously voted to approve the one day liquor
license.
6. Arbor Day Proclamation
Tree Warden, Art Goodhine asked the Board to proclaim Wednesday, May 6, 2015 as Arbor
Day. Mr. Goodhine stated that this proclamation is required to maintain the Tree City USA
designation. Mr. Goodhine also stated that ta tree pruning demonstration will take place on the
Town Common that day. On a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board
unanimously voted to proclaim May 6, 2015 as Arbor Day.
1. Renewal of Licenses
the 17 junk dealer licenses presented.
JFK Transportation’s taxi license as presented.
2. Notice of Interim Trail Use Extension Request
Ms. White stated she is submitting a letter to the Surface Transportation Board requesting a one
year extension of the deadline for negotiations with CSX Transportation, Inc. (CSXT) for one
more year regarding the Notice of Interim Trail Use. The initial decision was granted on
October 25, 2006 and subsequent extensions have been through April 11, 2015. Ms. White also
3
April 27, 2015
stated that CSXT concurs with the one year extension request and will file a separate letter once
the Town filing has been received by the STB. Ms. White is also requesting a waiver of the
Board’s filing fees in accordance with 49 CFR 1002.2(e)(1). On a motion by Mr. Jennett,
seconded by Mr., Ostroff, the Board unanimously voted to support these requests.
3. Confirm Re-appointment of Steven Levinsky to the Personnel Board
On a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board unanimously voted to confirm
Ms. White’s re-appointment of Steven Levinsky to the Personnel Board with a term expiring
May 31, 2018.
4. Confirm Re-appointment of Robert Healey to the Golf Course Oversight Committee
On a motion by Mr. Ostroff, seconded by Mr. Jennett, the Board unanimously voted to confirm
Ms. White’s re-appointment of Robert Healey to the Golf Course Oversight Committee with a
term expiring May 31, 2018.
Requested Action
the following for Natick Center Associates:
a. The closure of Washington Street from South Avenue to Court Street on July 16, 2015 from
4:00 – 9:00 p.m.
b. Hosting live bands/musicians in the closed area of Washington Street and around Natick
Center.
c. Placing outdoor dining tables in the closed area of Washington Street.
d. Allowing local restaurants to vend prepared food from booths, tables and tents in the closed
area of Washington Street.
e. Drawing with chalk on the sidewalks and streets in the closed area of Washington Street.
f. Painting murals on 2 electrical boxes on the Town Common with the condition that the
design will be approved by the Public Art Committee and Board of Selectmen ahead of
time.
g. Hanging of a banner from May 31 – June 13, 2015.
On a motion by Mr. Jennett, seconded by Mr. Ostroff., the Board unanimously voted to approve
the minutes of September 29, 2013, March 26, 2014, May 5, 2014 and January 12, 2015.
On a motion by Mr. Ostroff, seconded by Mr. Mabardy, the Board unanimously voted to approve
Natick Neighbor Brigade’s request to hang a banner from May 10 – May 16, 2015.
Dale Henderson Masonry’s request to occupy a public way for scaffolding at the south end of
Clarks Block (West Central St. end) during the first week of June. Approval is conditioned upon
one detail police officer be present during the mantling and dismantling of the scaffolding.
4
April 27, 2015
a bicycle ride for Three Squares New England on September 2, 2015 conditioned upon one detail
police officer being present, as per Lt. Lauzon’s recommendation.
the municipal employee exemption from the provisions of Article 41, Section 4 of the Town of
Natick By-laws for Theresa Yee as a title I teacher and ASAP instructor.
Selectmen’s Concerns
Mr. Jennett inquired about the Community Choice Electric Supply program stating that there was
no information on the Town web site. Ms. White will follow up with Ms. Wilson-Martin to have
the information updated on the web site.
Mr. Mabardy stated that he continually hears concerns from residents regarding the budget and
the possibility of an override.
Mr. Ostroff requested updates on the service and savings survey, taxi rules and regulations, and
the sign by-law. Mr. Ostroff stated that hazardous waste day is May 2nd and the General Greene
Avenue dedication is July 10th.
Mr. Connolly asked that someone look into repairing the pot holes on South Street. Mr. Hughes
responded that South Street is not an accepted way.
Mr. Mabardy and Mr. Connolly requested a list of new positions, job descriptions and salaries
for the last five years. Mr. Hughes replied that it would be provided.
On a motion by Mr. Connolly, seconded by Mr. Jennett, the Board unanimously voted to adjourn
at 8:40 p.m.
______________________
5
BOARD OF SELECTMEN – TOWN OF NATICK
OPEN SESSION MEETING MINUTES
EDWARD H. DLOTT MEETING ROOM – NATICK TOWN HALL
August 8, 2016
5:00 PM
PRESENT: Chairman J. Richard P. Jennett, Jr., Vice Chair Nicholas S. Mabardy, Clerk Jonathan H.
Freedman, Susan G. Salamoff, and John J. Connolly
ALSO PRESENT: Town Administrator Martha L. White and Executive Assistant Trish O’Neil
Chairman Richard Jennett called the meeting to order at 5:00 p.m.
Mr. Connolly moved, seconded by Ms. Salamoff, to enter into Executive Session to discuss matters
pertaining to Executive Session Minutes, Real Property, Discussion Regarding Deployment of Security
Personnel or Devices, or Strategies with Respect Thereto, and To Comply With, or Act Under the Authority
of Exemption (c) of Public Records Law and the MA Right to Privacy Act MGL Chapter 214, Section 1B,
with the Chair announcing that discussion of Executive Session matters in Open Session would have a
detrimental effect on the Board of Selectmen’s negotiating position and the Town’s interests. By a roll call
vote, Mr. Jennett, Mr. Mabardy, Mr. Freedman, Ms. Salamoff, and Mr. Connolly all voted in favor of the
motion. The Board entered into Executive Session at 5:11 p.m. after announcing that the meeting would
return to Open Session at approximately 7:00 p.m.
Open Session reconvened at 7:00 p.m. The Pledge of Allegiance was recited and a moment of silence
was observed in honor of those fighting for our rights and freedoms.
ANNOUNCEMENTS:
Ms. White announced that the State Budget recently passed included three items to benefit Natick,
including $30,000 in funding for the Veterans’ Oral History Project at the Morse Institute, $150,000 in
funding to help mitigate student overcrowding in the public schools, and $50,000 in funding to help with
park improvements. Ms. White also announced that that Governor signed an act to modernize municipal
financing in government, a sweeping bill with wonderful news for municipalities – she promised to peruse it
and report back.
Ms. Salamoff acknowledged the recent loss of retired Lt. Al Grassey, a Vietnam vet, with condolences to
his wife and daughter.
Mr. Connolly, on behalf of the Board, expressed appreciation for all of our first responders who contribute to
the Town in ways people do not even know about.
Mr. Jennett congratulated Zeta Fencing, which operates in downtown Natick, on the participation of one of
their students from Sherborn in the 2016 Summer Olympic Games in Rio de Janeiro.
CITIZEN’S CONCERNS
None.
WHAT’S NEW – TOWN ADMINISTRATOR UPDATES
Ms. White provided an update on Camp Arrowhead, which suffered a fire about a week ago. Through swift
action by Jon Marshall, Director of Recreation and Parks, Bill Chenard, Deputy Town Administrator for
Operations, and many others, the camp was able to hold its final session. The Town is working with the
insurance company to ensure that the property is reconstructed.
Ms. White talked about the mandatory water ban. One of the four damaged filters is back in service but this
is not enough to make Springvale fully operational. Once the problem is rectified, the DEP ban may be
lifted and the Town may be able to return to its regular odd/even watering approach.
August 8, 2016
Regarding the Tiny House on the Natick Community Farm, Ms. White stated that per the Building Code, it
is technically a vehicle and it was towed to the site. Having it on the farm, however, is still problematic in
some ways, and the Town is working closely with the Farm to resolve the issue and, hopefully, allow the
young lady who lives there to continue to reside in the structure.
CONSENT AGENDA
On a motion by Mr. Connolly, seconded by Mr. Freedman, all Consent Agenda items were unanimously
approved except for the July 25, 2016 Selectmen Meeting Minutes,* which require a correction as noted by
Ms. Salamoff. The correction will be made and the minutes will be submitted for approval at the next
Selectmen’s Meeting. Mr. Freedman also had a question about whether Town Counsel agreed with
Verizon’s statement that there are no permit requirements for small cell installations.** Mr. Chenard
informed him that though Town Counsel had not reviewed this particular item, federal statutes have been
reviewed in the past and, with the exceptions noted, no permits are required (two of the installations do not
even require a vote by this Board since they are on State highways).
Approve Bagging of Parking Meters for September 8th Election Day
Approve Verizon Wireless Utility Pole Attachments to Attach Small Cell Installations**
Accept Resignation of and Send Thank You Letter to Garrett Lee from the Zoning Board of
Appeals
Approve Banner Requests
a. Visiting Nurses’ Association 9/26-10/2/16
b. Riverbend School 10/3-10/9 and 11/9-11/20/16
Approve Selectmen Meeting Minutes*
APPOINTMENTS WITH THE BOARD OF SELECTMEN
1. Nathaniel Sheidley - Interview for Appointment to Historical Commission: Interested in
historic preservation and desirous of contributing to the Town, Mr. Sheidley provided pertinent
background information to the Board. On a motion by Mr. Freedman, seconded by Ms. Salamoff,
the Board voted unanimously to appoint Mr. Sheidley as a full member to the Historical
Commission. He will be sent a confirmation letter that he can bring to the Town Clerk for his
swearing in.
2. Jonathan Vitale – Request for Waiver of Five-Year Street Opening Moratorium – 51 Summer
Street: Mr. Vitale presented before the Board once again after speaking with representatives of
Eversource, who assured him that the street opening job would be done according to any
specifications the Town recommends. Mr. Vitale pointed out that on August 17, 2015, the Board
approved a similar request on a newer road. Mr. Freedman stated that the street opening
moratorium exists to protect the Town’s interests and that homeowners should do their due
diligence to determine what the requirements are before investing in home improvements/updates
that involve Town property. Mr. Connolly stated that the onus is on Eversource to ensure that the
job is done according to the specifications of the Town. On a motion by Mr. Mabardy, seconded by
Mr. Connolly, the Board voted unanimously to grant the dig permit contingent upon Eversource
following the recommendations of the Town Engineer and the Department of Public Works.
3. Public Hearing – Application for Transfer of Alcohol and Common Victualler’s Licensing
from Ten-Ichi, Inc., d/b/a Ten-Ichi Dynamic Kitchen & Bar, to LCZ, Inc., d/b/a Trend Pure
Asian Cuisine: Mr. Freedman read the Public Hearing Notice aloud and then moved, seconded
by Mr. Connolly, to open the Public Hearing, which was unanimously approved by the Board.
Attorney Ka Wong, representing Trend Pure Asian Cuisine, stated that the operation of the
business will remain the same and that the new owners will be vigilant about the serving of alcohol,
checking licenses of all patrons, with a manager on duty at all times. At a later time, the restaurant
will be requesting a live entertainment license as well. Moved by Mr. Connolly and seconded by
Ms. Salamoff, the Board voted unanimously to close the Public Hearing. Moved by Mr. Connolly
and seconded by Ms. Salamoff on three separate motions, the Board voted unanimously to
approve the transfer of the all- alcohol license and the common victualler’s license from Ten-Ichi,
Inc. to LCZ, Inc. and to approve the change in manager. The new manager’s name is Lucas Li.
4. Stonegate Group:
2
August 8, 2016
a. Request to Designate American Legion Property as Economic Opportunity Area:
Dean Kalivas, chief operating officer of the Stonegate Group, the developer working on the
rehab of the American Legion property at 13 West Central Street, requested the Board’s
support in declaring the property an economic opportunity area in order to take part in a
State tax incentive program geared toward abandoned properties. Asked what is being
planned for the building, Mr. Kalivas briefly outlined their plan to preserve the historic
building front and add four retail spaces on the ground level, 11 apartments on the second
floor, and a garage for 16 vehicles, all of which have been approved by the Zoning Board.
Upon questioning by Mr. Jennett, Mr. Errickson, the Director of Community and Economic
Development, indicated that there would be no financial impact on the Town other than a
positive one with the creation of new jobs, new retail space, and new housing opportunities
for residents. Moved by Mr. Connolly and seconded by Ms. Salamoff, the Board voted
unanimously to declare the 13 West Central Street property an economic opportunity area.
b. Request for Updated Letter of Support for American Legion Property at 13 West
Central Street: Moved by Mr. Connolly, and seconded by Ms. Salamoff, the Board voted
unanimously to authorize the Chair to sign an updated letter to the Massachusetts
Historical Commission to support Stonegate’s application for a Massachusetts Historic
Rehabilitation Tax Credit.
5. Chief of Police – Downtown Parking Policy Change Request: Chief Hicks requested the
Board’s approval of the following parking changes recommended by the Parking Advisory
Committee. South Avenue on-street parking between Clarendon and Hayes Streets, currently
reserved for downtown business employee permits and currently underutilized, would be redefined
to include Town employee permit parking. West Central Street on-street parking between
Washington Avenue and the Pond Street/West Central Street Municipal parking lot, currently
reserved for downtown business employee permits and currently underutilized, would be redefined
to allow Town employee permit parking. Three parking spots on the west side of North Main
Street, just over the bridge, currently reserved for downtown business employee permit parking,
would change the three spots to metered parking to benefit the patrons of the businesses located
across the street. With ample parking available to downtown business employees, these changes
would benefit the need for additional Town employee parking and increase the number of spaces
available to patrons of downtown businesses. On a motion by Ms. Salamoff, seconded by Mr.
Connolly, the Board voted unanimously to approve all three changes.
6. Director of Community and Economic Development – Amend Comprehensive Master Plan
Consulting Contract: Mr. Errickson reminded the Board that the 2015 Fall Annual Town Meeting
approved $200,000 for this contract, though the total budget for the contract was understood to be
approximately $400,000. The 2016 Spring Annual Town Meeting approved the remaining
$200,000. This amendment would ensure that the entire scope of work and entire contract amount
are covered. Moved by Mr. Freedman and seconded by Ms. Salamoff, the Board voted
unanimously to approve the amendment to the contract between the Town of Natick and Crosby,
Schlessinger, and Smallridge of Boston.
7. Director of Recreation and Parks – William Chase Arena – Review of Rate Change Request:
Jon Marshall stated that at their August 2nd meeting, the Rink Oversight Committee voted to
support the ice rental rate increase from $245 to $250 per 50-minute hour as requested by Facility
Management Corporation (FMC), who cited $41,000 in increases in employee-related and repair
costs that are significantly affecting their operating budget as the basis for the increase. According
to a memo by Patrick Furze, Director of Sales & Marketing at FMC, the average fee in the
MetroWest area is $305. Larry Slotnick, President of the Natick Comets Hockey Club, was present
at the meeting to voice opposition to the increase, stating that Natick is the most expensive among
all of the FMC-managed rinks and that FMC was not entirely forthright in the information it
presented to the advisory committee. Mr. Slotnick provided the results of information he solicited
from various rinks in the area showing that the rates at other rinks are much lower than at the
Chase Arena. Mr. Mabardy inquired as to whether the Town actually owns the rink to which Mr.
Marshall replied that the Town does own the rink but it is managed and operated in partnership
with FMC, with which the Town has a lease agreement structured such that FMC invests in capital
improvement projects for the rink instead of paying rent for use of the building and running the rink.
After multiple questions from the Selectmen in an effort to have FMC justify the proposed increase,
the Selectmen decided to continue this item to the next Selectmen’s Meeting on August 22nd, in the
meantime compiling a list of questions to be given to Mr. Mabardy for review by the Rink Oversight
Committee. Mr. Marshall and FMC were invited to come to that meeting with answers to the
3
August 8, 2016
Selectmen’s questions, though Mr. Connolly and Mr. Freedman indicated they would be unable to
attend that meeting.
8. Director of Public Works – MS4 Permit Appeal Update (Storm Water Management): Ms.
White spoke on behalf of the DPW Director, Mr. Marsette. Ms. White reported that the Board
voted in Executive Session that the Town of Natick, in conjunction with 20-30 other communities,
will join with the Massachusetts Coalition for Water Resources Stewardship (MCWRS – a coalition
of municipal communities) in appealing the Department of Environmental Protection’s Final MS4
Storm Water Management Permit. This permit regulates the management of storm water
discharges, which can carry pollutants and drain into local water bodies, from sewer systems. The
basis of the appeal is that the EPA has overreached its authority under the Clean Water Act by
mandating dramatically more stringent standards, normally applied to industrial waste runoff, that
will cost municipalities millions to implement. The appeal process could cost up to $100,000 and
the Town’s contribution to help fund that appeal will be $2500.
9. Deputy Town Administrator/Operations – Award of Contracts: Mr. Chenard spoke for Bryan
LeBlanc, the Procurement Officer, who is on vacation.
a. Municipal Building Roofing Contract: Five buildings throughout the Town require
reroofing – the Brown Elementary School at 1 Jean Burke Drive, Fire Station #3 at 2
Rhode Island Avenue, the Cole Recreational Center at 81 Boden Lane, the East School at
90 Oak Street, and the DPW Maintenance Garage at 75 West Street. The
recommendation is to award the design contract to Russo-Barr Associates for a fee not to
exceed $135,500. Funding. Moved by Ms. Salamoff and seconded by Mr. Freedman, the
Board voted unanimously to award the contract as above.
b. East School Asbestos Abatement Contract: For asbestos abatement at 90 Oak Street,
nine bids were received. The recommendation is to award the contract to the low bidder,
Fiber Control, Inc., for $35,545. Due to the extraordinarily low cost in comparison with the
other bids received (the highest being $100,000), Fiber Control, Inc. was extensively
vetted and deemed to be the appropriate choice. Moved by Mr. Freedman and seconded
by Mr. Connolly, the Board voted unanimously to award the contract as above.
DISCUSSION AND DECISION
10. 2016 Fall Annual Town Meeting Warrant: Ms. White provided a list of standard and potential
Warrant Articles to the Board Members. On separate motions by Mr. Freedman, seconded by Ms.
Salamoff, the Board voted favorably to sponsor the following Articles.
a. Article 11 – Collective Bargaining
b. Article 14 – Committee Article
c. Article 15 – Street Acceptance – Heavey Way
d. Article 16 – Street Acceptance – Hunter’s Lane
e. Article 22 – Appropriate Mitigation Funds for Route 27 Design
11. Establishment of Opioid Task Force: While an Opioid Task Force has not been officially formed,
Ms. White identified a core group of members to include Katie Sugarman, Director of Natick
Together for Youth; Jemma Lambert, Community Services Director; Cheryl Lucenta, SOAR; Jim
White, Director of Public Health; Police Chief James Hicks; Town Administrator Martha White; and
Peter Sanchioni, Superintendent of Schools. Mr. Connolly and Ms. Salamoff expressed interest in
having various community members involved in the Task Force as well, such as an addict in
recovery, a family member of an addict, a VNA representative, a representative from SPARK
Kindness, a member with an understanding of addiction issues as they affect senior citizens and
veterans, etc. Per Ms. White, the federal grant that funds Katie Sugarman’s position creates
restrictions around her work that are too constraining in the battle against opioid use. The
consensus arrived at from previous discussions is to hire Ms. Sugarman as a Town employee in a
full-time, benefitted position under the auspices of the Community Services Department and
reporting to the Town Administrator or the Director of Community Services. The five-year federal
grant (which expires September 20, 2016), if funded again, will continue to maintain its focus on
alcohol and drug use by people up to age 18, with a strong presence in the schools, and with Ms.
Sugarman focused on the opioid issue and its effects on the community as a whole. The Natick
Together for Youth Program would continue with a new, part-time person working under Ms.
Sugarman’s direction. Mr. Freedman supported the idea of hiring Ms. Sugarman, citing his belief
that a full-time person on staff would afford the Town the resources to effectively deal with the
opioid addiction issue. Mr. Freedman stated that he would like to have regular reporting from the
4
August 8, 2016
new Task Force regarding their activities and accomplishments and asked that minutes be kept.
Ms. White explained that the Task Force would be subject to the Open Meeting Laws. Mr. Jennett
requested that this item be continued to the August 22nd agenda.
12. Discussion Regarding Town-Owned Parking Garage: Ms. White announced that $75,000 will be
included in the capital plan for the design of a Town-owned garage at the Middlesex Ave site. This was
the recommendation of the Parking Advisory Committee three years prior and plans for a Town-owned
garage date back to 2002. Ms. White stated that she was providing this information as an FYI to the
Board, and that Board Members will be able to weigh in at a later time.
TOWN ADMINISTRATOR NOTES
None.
SELECTMEN’S CONCERNS
Ms. Salamoff noted that a piece of correspondence sent in by a resident expressed an interest in senior
housing in Natick; she suggested inviting the Council on Aging to the next Board Meeting to discuss goals
and objectives. Ms. Salamoff would also like information regarding the progress of removal of double
poles.
Mr. Freedman stated that during his Selectmen’s Hours last week, a resident thanked the Board for
focusing on the opioid epidemic.
Mr. Mabardy asked if an interim appointment had been made for the position of Deputy Town Administrator
for Finance. Ms. White stated that she and Mr. Chenard have been meeting with department heads to
keep things moving forward and starting the budget process if a replacement is not found but that no
interim appointment has been made. Mr. Mabardy inquired about the progress of establishing action steps
to accomplish the decided upon goals and objectives for the Town Administrator and the Board of
Selectmen and Ms. White replied that Ms. Salamoff and Mr. Freedman are working to compile these.
ADJOURNMENT
On a motion by Mr. Connolly, seconded by Mr. Freedman, the Board unanimously voted on a roll call vote
to adjourn the Board of Selectmen’s Meeting at 10:47 p.m.
________________________________
Jonathan H. Freedman, Clerk
August 8, 2016 Board of Selectmen Meeting Minutes Approved by the Board of Selectmen on September
6, 2016
po’n
All documents used at this Board of Selectmen meeting are available at:
http://naticktown.novusagenda.com/agendapublic/MeetingView.aspx?MeetingID=284&MinutesMeeti
ngID=-1&doctype=Agenda
5
ITEM TITLE:
ITEM SUMMARY:
ATTACHMENTS:
Description
Packet
Teresa Pagliuca: Interview for Appointment to the Cultural Council
Due to illness, Ms. Pagliuca is unable to attend this evening and will
reschedule.
Upload Date
8/31/2016
Type
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
Natick Common Residences, LLC: Request to Occupy a Public Way
ATTACHMENTS:
Description
Request
Notice to Abutters
ZBA Decision
Walkway Plan
Police Recommendation
Upload Date
8/31/2016
9/6/2016
8/31/2016
8/31/2016
8/31/2016
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
Meatball Kitchen: Consider Automatic Amusement Device License
ATTACHMENTS:
Description
Application
Police Recommendation (Negative)
Photos
Upload Date
8/25/2016
8/31/2016
9/1/2016
Type
Cover Memo
Cover Memo
Cover Memo
Meatball Kitchen
4 messages
Tue, Aug 30, 2016 at 10:50 AM
Hi Brian. Any word on Meatball Kitchen and their amusement devices?
Trish O'Neil
Executive Assistant
Town of Natick
Natick, MA 01760
P: 5086476410
F: 5086476401
poneil@natickma.gov
www.natickma.gov
Wed, Aug 31, 2016 at 2:53 PM
Trish,
I made a site visit at this restaurant this afternoon. Upon arrival I spoke with Andres Gomez who identified himself as the onduty manager. The restaurant was
open for business and Mr. Gomez related they had been open now for three days. The Manager of Record was not on the premise. I immediately noticed the
electronic amusement machines to my right as I entered the front door. Upon inspection I found the machines operational. I notified Mr. Gomez that the
machines had yet to be permitted and should not be operational. Mr. Gomez related that they had recently been delivered and were then plugged in so they were
on. Mr. Gomez related he would unplug the machines and post them as not being able to be used.
In speaking with Mr. Gomez I let him know I was uncomfortable with the machines close proximity to the bar area. I estimated they were 1215 feet away. We
discussed the scenario of families eating dinner in the dining area and children walking out to play the video games. The children would then be out of sight from
their parents and be very close to to the bar. Mr. Gomez thought maybe they could put up a few stanchions with maybe a velvet rope as a pedestrian barricade to
separate the two areas. I am not convinced this would be enough to separate the two areas and may be more of a hindrance to people entering the front lobby
and accessing the hosting area.
At this time I cannot give a positive recommendation to this request.
Respectfully,
Lt. Brian G. Lauzon
Wed, Aug 31, 2016 at 3:11 PM
Okay, thx Brian.
To: Donna Donovan <ddonovan@natickma.org>
Wed, Aug 31, 2016 at 3:43 PM
ITEM TITLE:
ITEM SUMMARY:
Town Clerk - Appointment of Election Workers
ATTACHMENTS:
Description
Memo & List of Workers - D. Packer
Letter to Democratic TC RE Election Workers D. Packer
Letter to Republican TC RE Election Workers D. Packer
Upload Date
8/31/2016
Type
Cover Memo
8/25/2016
Cover Memo
8/25/2016
Cover Memo
ITEM TITLE:
ITEM SUMMARY:
Police Chief - Appointments
Appointment of Three Permanent, Full-Time Police Officers Effective
9/26/16
Aaron Carter, William Crisafulli, Derek Kane
Appointment of Parking Control Officers
Lindsey Arsenault, Gordon Van Tassel, Fadi Karim,
Brandon Levesque, Antoine D'Orra, Nicholas Alvarado, Jeffrey Corbett
ATTACHMENTS:
Description
Request to Appoint Permanent, Full-Time
Officers
Request to Appoint Parking Control Officers
Upload Date
Type
8/25/2016
Cover Memo
8/29/2016
Cover Memo
TOWN OF NATICK
NATICK, MASSACHUSETTS 01760
Natick, MA 01760
Phone: 508-647-9511
Fax: 508-647-9509
POLICE DEPARTMENT
James G. Hicks, Chief of Police
Memorandum
Date:
August 29, 2016
To:
Richard Jennett, Chairman Board of Selectmen
From:
Chief James G. Hicks
RE:
Appointment Parking Control Officers
At the 2014 Annual Town Meeting MGL Chapter 147, Section 10F, was accepted by Town
Meeting Members authorizing the Board of Selectmen to appoint parking control officers who
shall have only those powers and duties conferred or imposed on police officers by MGL
Chapter 90, Section 20A or 20A ½.
I therefore request the Board of Selectmen appoint the following as Parking Control Officers:
Parking Enforcement Officers
Lindsey Arsenault
Gordon Van Tassel
Auxiliary Officers
Fadi Karim
Brandon Levesque
Antoine D’Orra
Nicholas Alvarado
Jeffrey Corbett
Respectfully submitted,
James G. Hicks
Chief of Police
ITEM TITLE:
Council on Aging Director: Accept Donation from the Friends of the Natick
Senior Center
ITEM SUMMARY:
ATTACHMENTS:
Description
Memo - S. Ramsey
Upload Date
9/2/2016
Type
Cover Memo
Selectman’s Meeting 9/6/2016
Acceptance of a check from Friends of the Natick Senior Center in the amount of $9,064.75, (local
match), for the purchase of an electric car funded by the state’s Green Communities program grant
awarded to the Town of Natick June, 28, 2016. Volunteer drivers will transport seniors to medical
appointments locally and into Boston.
An average of 179 trips per month are scheduled by the COA using the Natick Connector, volunteer
drivers personal vehicles, cab coupons, & cab subsidy. The acquisition of the electric vehicle will allow us
to address the growing need for transportation to Metropolitan Boston medical appointments.
The COA on Aging thanks the Friends of the Natick Senior Center for their support and continued
interest to help seniors access transportation in order to meet basic needs.
Judy D’Antonio, President, Friends of the Natick Senior Center will attend the meeting with me.
The funds should be directed to Account #309817-483000.
Susan Ramsey, COA Director
ITEM TITLE:
ITEM SUMMARY:
2016 Fall Annual Town Meeting Warrant Articles* - Articles 5, 6, 7, 17, 23
ATTACHMENTS:
Description
2016 Fall Annual Town Meeting Warrant
Memo RE Articles 5, 6, 7, 17 - B. Chenard
Motion Article 23 - J. Ostroff
FinCom Q&A Article 23
Upload Date
8/30/2016
9/1/2016
9/1/2016
9/1/2016
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Memorandum
To:
Board of Selectmen
From: William Chenard, Deputy Town Administrator - Operations
Date: 8/30/2016
Re:
Warrant Articles for Discussion 9/6/2016
The following is a summary for discussion at your 9/6 meeting.
Article 5 – Inflow & Infiltration Stabilization Fund – We are requesting to add $101,423.20 to the
fund for available funds (Retained Earnings). The fund balance is $1,186,645.49 as of
6/30/2016. Questionnaire Attached.
Article 6 – One to One Stabilization Fund – We are requesting no action. The fund balance is
$104,763.23 as of 6/30/2016.
Article 7 – FAR Bonus Stabilization Fund - We are requesting no action. The fund balance is
$3,131,699.23 as of 6/30/2016.
Article 17 – Unpaid Bills - We are requesting no action. We know of no unpaid bills from prior
years.
I will be available for questions or clarification during your meeting.
Fall 2016 Town Meeting - Article 23
Move to amend the Town of Natick By-Laws to add Article 72C to regulate the placement of directional
and informational signs on public property and public ways as follows:
“Article 72C
DIRECTIONAL AND INFORMATIONAL SIGNS ON PUBLIC WAYS
Section 1
Purpose and criteria
The purpose of this by-law is to promote the public health, safety and welfare of the inhabitants of the
Town of Natick (the Town) through the regulation of placement, type, appearance and servicing of signs
on public ways so as to:
1. Provide for vehicular and pedestrian safety and convenience;
2. Provide for the reasonable provision of information regarding town events, institutions,
achievements, and organizations.
3. Encourage the visitation and patronage of, and safe and adequate access to various public and
private amenities and destinations located within the Town;
4. Regulate in a fair and equitable manner all signs on public ways, such that signs are licensed and
conform to standards and conditions established by the Town.
Section 2
Definitions
As used in this Article 72C, the following terms shall have the meanings indicated:
1. Directional Sign: Any Official Directional Sign, Private Directional Sign, or Public Safety
Directional Sign that is located on a Public Way.
2. Informational Sign: A sign located on a Public Way providing information regarding town
events, institutions, achievements, sponsorships and organizations.
3. Official Directional Sign: A Directional Sign providing directions to a publically-owned sites in the
Town, publically-owned points of historical, scenic, or cultural interest, or districts within the
Town.
4. Private Directional Sign: A Directional Sign providing directions to a privately-owned or
operated facilities, points of interest, or attractions, including those owned or operated by notfor-profit entities.
5. Public Safety Directional Sign: A Directional Sign providing directions to a public safety or health
facilities such as police stations, fire stations or hospitals; or a Directional Sign requested by a
Public Agency to be necessary for the public safety of the Town.
6. Public Way: Any public street, highway, sidewalk, parkway or alley, whether accepted or
unaccepted, located in the Town.
1
7. Public Agency: Any Town board, committee, commission or department; or any governmental
unit whose jurisdiction includes the Town.
Section 3
Regulated Signs
The provisions of this by-law shall apply as follows:
1. The provisions of this by-law are intended to apply to all Informational and Directional Signs on
Public Ways which provide information, directional or otherwise, to various sites, designations,
or points of interest within the Town.
2. The provisions of this by-law shall not apply to traffic control signs placed upon Public Ways.
3. The provisions of this by-law shall not apply to signs announcing or providing directions to an
event lasting fewer than seven (7) days or to signs which are intended to remain on public
property or Public Ways for fewer than thirty (30) days.
4. The Provisions of this by-law shall not apply to signs not located on public ways, nor signs
otherwise regulated under the Zoning By-Laws of the Town of Natick.
Section 4
Directional Sign specifications
The design of Informational and Directional Signs shall generally comply with the relevant and applicable
provisions of the Manual on Uniform Traffic Control Devices (MUTCD) regarding Community Wayfinding
Signs, as may be amended from time to time.
Section 5
General placement of Informational and Directional Signs
The placement of Informational and Directional Signs shall generally comply with the relevant provisions
of the MUTCD regarding Community Wayfinding Signs. Directional Signs may be installed by the Town
on public property and in Public Ways in locations approved by the Board of Selectmen, according to the
following guidelines.
1. Every effort shall be made to minimize the number of Informational and Directional Signs
needed to achieve the stated goals of this by-law.
2. Directional Signs shall be located at locations suitable for navigation and convenience.
3. To the extent possible, Informational and Directional Signs shall be mounted together on a
single assembly.
4. The placement of Informational and Directional Signs shall not interfere with other traffic signs
located on Public Ways.
5. The placement of Informational and Directional Signs shall not obscure the view or interfere
with pedestrians or vehicles at intersections or crosswalks, or in any location where the clear
space for passage of pedestrians would be reduced to less than five (5) feet in width.
6. Informational and Directional Signs shall not be affixed to buildings, trees, or utility poles.
2
Section 6
Procedures
The Board of Selectmen shall be responsible for the regulation of Informational and Directional Signs in
the Town of Natick. For purposes of this By-law, the Board of Selectmen may delegate the
administration of the activities under its authority.
1. Informational Signs
a. The Board of Selectmen shall be responsible for identifying and approving Informational
Signs that a Public Agency Town wishes to install on Public Ways, and shall be
responsible for the cost and effort of the design, production, installation, maintenance,
and replacement of all Informational Signs identified and approved by the Board of
Selectmen under this By-law.
b. Private entities desiring to locate Informational Signs on Public Ways may submit an
application to the Board of Selectmen. Such application shall include the design,
specifications, and proposed locations of the Informational Signs. Approved
Informational Signs proposed by a private entity shall be designed and produced at the
cost and effort of the applicant.
c. The Town shall be responsible for the installation of Informational Signs requested by a
private entity and may charge to the applicant an applicable fee for installation of such
signs, which fee may be waived by the Board of Selectmen.
2. Official Directional Signs and Public Safety Signs
a. The Board of Selectmen shall be responsible for identifying the destinations that shall
have Official Directional Signs and Public Safety Directional Signs, and shall consult with
Town agencies with jurisdiction.
b. The Board of Selectmen shall be responsible for the cost and effort of the design,
production, installation, maintenance, and replacement of all Official Directional Signs
and Public Safety Directional Signs approved under this by-law.
3. Private Directional Signs
a. Private entities desiring to locate Directional Signs may submit an application to the
Board of Selectmen. Such application shall include the design, specifications, and
proposed locations of the Directional Signs. The Board of Selectmen shall obtain a
recommendation from the Safety Committee and any other Town agencies with
jurisdiction regarding the proposed Directional Signs.
b. In making its recommendation, the Safety Committee shall consider the following:
i.
ii.
iii.
iv.
Comments from the public and Town officials.
Number of visitors to the destination.
Nature of visitors (i.e. frequent and repeat visitors or one-time visitors).
Difficulty in locating the destination.
3
v. Importance of the destination to Natick’s economy, culture, and/or recreation.
vi. Desire to have visitors utilize a particular route to the destination.
c. Within sixty (60) days of receipt of the application, the Board of Selectmen shall, in its
sole discretion, determine whether or not to approve the application, taking into
account any recommendations received.
d. The Board of Selectmen may place conditions upon any approval granted to the
applicant.
e. Approval of the application shall result in a license to install Directional Signs in the
Public Way for a period not to exceed one (1) year. Such license shall automatically
renew at the end of each one (1) year term, subject to the following:
i. The Directional Sign(s) shall remain legible, in good repair, and in compliance
with these by-laws.
ii. The applicant shall pay any applicable license fee. Such fee may be waived by
the Board of Selectmen.
iii. The Board of Selectmen has not voted to terminate the license.
4. A Public Agency may request that the Board of Selectmen classify as a Public Safety Directional
Sign a Directional Sign that would otherwise be classified as a Private Directional Sign.
a. In making such decision, the Board of Selectmen shall consider:
i. The volume of traffic to the destination.
ii. A demonstrated history of visitors having difficulty locating the destination.
iii. A demonstrated history of unsafe traffic conditions being caused by visitors’
searching for the destination.
iv. A desire to have visitors utilize a particular route to the destination.
b. If the Board of Selectmen determines that a Directional Sign, which would otherwise be
classified as a Private Directional Sign, is to be classified as a Public Safety Directional
Sign, the Town shall be responsible for the cost and effort of the design, production,
installation, maintenance, and replacement of such Directional Sign.
Section 7
Enforcement
This by-law shall be enforced by the Board of Selectmen, acting through the Town Administrator or his
designee, subject to the following:
1. Nonconforming Informational and Directional Signs. Within one hundred eighty (180) days after
the effective date of this by-law, and at any time thereafter, any Informational or Directional
Sign in violation or nonconformance with any provision of this by-law shall be subject to remedy
as provided by law and by this by-law, including but not limited to removal by the Town.
2. Abandonment. In the event that any Informational or Directional Sign installed pursuant to this
by-law is not covered by a license, the Sign shall be considered abandoned and the Town shall
4
thereafter remove such Sign. In the event that a Licensee desires to voluntarily abandon or
discontinue one (1) or more Informational or Directional Signs, said Signs shall be removed by
the Town at the Licensee’s expense.
3. Fines imposed in the enforcement of this by-law shall be as provided for under the Town of
Natick General By-laws and/or Massachusetts General Law.
Section 8
Prohibition
No license for any Informational or Directional Sign regulated under this section shall be issued other
than in conformity with the provisions of this by-law.
Section 9
Severability
If any subsection, paragraph, term or provision of this article of this by-law is determined to be illegal,
invalid or unconstitutional by final judgment or order of a court of competent jurisdiction, the remaining
provisions of this by-law shall continue in full force and effect, to the extent permitted by law.”
5
Natick Finance Committee
Standard Set of Questions
Warrant Articles
Article No.
Title:
23
Date:
August 29, 2016
Amend General By-Laws Regarding Directional Signage on Public Rights-of-Way
Sponsor(s): Joshua Ostroff, et. al.
1. What is the proposed purpose and objective of this Warrant Article ? Why is it
required for the Town of Natick AND for the sponsor(s)?
Why is it necessary at this time rather than deferred until a future Town Meeting?
Please be specific.
Response: This bylaw will permit the Town to locate directional, or way-finding signs on public
ways, for approved public, private and/or public safety purposes. The bylaw sets forth
standards and an approval process for such signage through the Board of Selectmen. The
bylaw also outlines the process by which such signs shall be fabricated and installed to
ensure a clear and transparent process. A past Town Meeting vote (2010) appropriated
funding for town way-finding signage to assist with navigation to key destinations; this
bylaws was proposed in Spring 2016, after consultation with the Safety Committee and
other town agencies, and referred to the Board of Selectmen and the Charter and Bylaw
Review Committee. It is brought forward as a Citizen’s Petition in the interest of
furthering a defined public purpose. It is noteworthy that the various directional and
informational signs on public ways are not regulated by town bylaw.
2. What have other communities done on this topic? Please be specific. Provide source
material or location where such material can be easily obtained online.
Response: It is standard for signage to be regulated at the local level.
3. If this Warrant Article is approved by Town Meeting:
What are the benefits to the Town and to the sponsor(s)? Please be specific.
a.
Benefits can include but are not limited to additional revenues, operational efficiencies,
public safety, etc.
Response: The Town will be able to install signage for attractions and public accommodations to
encourage navigation and economic development, with safety and economic benefits.
b.
Response:
c.
What specific financial interest(s), if any, do the sponsors have in getting this
article passed?
None
What are the consequences to the Town and to the sponsor(s) if this article is
passed? Please be specific on both financial and other consequences.
The information provided here is considered a public record.
Rev. 02/2016
Page 1 of 3
Warrant Articles
Consequences can include but are not limited to Town funding requirements, hiring
additional personnel, impact on other organizations and/or town departments, etc. If
funding is required, what is the source of funding and is the money available?
Response:
There are no significant adverse consequences of which the sponsor is aware. It will be
important to guard against sign overload, but this is an ongoing concern for the Safety
Committee and other town agencies. Now that the DPW has sign making capability,
there are no significant costs.
4. If this Warrant Article is not approved by Town Meeting what are the consequences
to the Town and to the sponsor(s)? Please be specific on both financial and other
consequences.
Response: We will not have a legal mechanism to locate or regulate directional signage.
5. a. How long have the sponsors been working on and preparing to sponsor this
article? Please indicate meeting dates and times for board, committee or group.
Please provide approximate time ranges and effort for administrative staff.
This has been a topic of discussion since Spring 2010 when Town Meeting first
appropriated funds to fabricate and install “wayfinding” signs. It was first considered as
a Town Meeting article in Spring 2016 when it was discovered that we had no suitable
bylaw to regulate signage that had previously been proposed. The Finance Committee and
Selectmen considered this article in Spring 2016. The former Senior Planner spent
considerable time in developing an earlier version of this bylaw, with the participation of
the Chief of Police and Town Counsel. This version has been reviewed by the Director of
Community and Economic Development. Specific date ranges and time invested has not
been tracked, as this requirement was not known to the sponsor until recently.
b. Has this been presented to any other relevant Natick Town Boards and/or
Committees? What actions, if any, have they taken?
Responses: The Safety Committee has considered this issue over the years with many requests for
wayfinding signs, and has approved the concept, noting concerns about proliferation of
signs. The Selectmen, Planning Board and Economic Development Advisory Committee
Rev. 02/2016
Page 2 of 3
Warrant Articles
may be considering this article.
6. Please provide a proposed motion for this Article. A specific written motion is
strongly recommended.
Response: See attached. This motion is also being sent to Town Counsel for review with the approval
of the Town Administrator.
7. Explain any differences between the original article and the motion.
Response: The article is a placeholder, and does not contain the proposed bylaw.
NOTES
1. For questions 1 and 2, if references are cited (relevant passages from the Natick Charter or
By-laws or other legislation, survey results, maps, news articles, etc.), or documentation about
what other communities have done (known or projected), include them in their entirety with
this questionnaire.
2. This questionnaire and associated documents must be emailed to the Finance Committee Chair
( fincomgriesmer@gmail.com) at least 3 days before the first hearing by the Finance
Committee or Subcommittee. If you are receiving this questionnaire within that time frame,
please provide as soon as possible .
3. Please note and follow the Finance Committee process requirements that are sent with this
questionnaire.
4. Please contact the Finance Committee Chair (email is preferred) or subcommittee chair if you
have any questions on this form.
Rev. 02/2016
Page 3 of 3
ITEM TITLE:
ITEM SUMMARY:
Grant of Special Municipal Employee Status: Personnel Board
ATTACHMENTS:
Description
Legal Opinion - J. Flynn
Upload Date
9/2/2016
Type
Cover Memo
Fwd: Special Municipal Employee Question
6 messages
Donna Donovan <ddonovan@natickma.org>
To: Patricia O'Neil <po'neil@natickma.org>
Fri, Sep 2, 2016 at 8:23 AM
Donna Donovan
Senior Executive Assistant
Town of Natick
5086476410
Forwarded message
From: John P. Flynn <jflynn@mhtl.com>
Date: Thu, Sep 1, 2016 at 5:01 PM
Subject: Special Municipal Employee Question
To: "sdlevinsky@me.com" <sdlevinsky@me.com>
Cc: "Rick Jennett (rjennett@rpjassociates.com)" <rjennett@rpjassociates.com>, Martha White
<mwhite@natickma.org>, "Bill Chenard," <chenard@natickma.org>
Steven:
You are listed as the first pe倀倀oner for Ar倀cles 31 and 32 in the warrant for the 2016 Na倀ck Fall Annual Town
Mee倀ng.
As I understand it, a ques倀on has been raised whether the members of the Personnel Board need to be classified as
special municipal employees in order for you to appear before the Na倀ck Finance Commi倀ee on behalf of the
pe倀倀oners to advocate for Ar倀cle 31 and/or Ar倀cle 32.
This issue is governed by the following language in Chapter 268A, Sec倀on 17 (c) of the Massachuse倀s General Laws:
“No municipal employee shall, otherwise than in the proper discharge of his official du倀es, act…as agent or a倀orney
for anyone in connec倀on with any par倀cular ma倀er in which the same city or town is a party or has a direct and
substan倀al interest”.
In my opinion, the Zoning By‐Law amendments proposed by Ar倀cle 31 and 32 are par倀cular ma倀ers in which the
Town of Na倀ck has a direct and substan倀al interest. You would not be appearing before the Na倀ck Finance
Commi倀ee as an a倀orney for anyone.
The ques倀on, then, is whether by speaking to the Na倀ck Finance Commi倀ee on behalf of the pe倀倀oners regarding
Ar倀cle 31 and/ or Ar倀cle 32, would you be ac倀ng as an agent for anyone other than the Town of Na倀ck?
The word ”agent” in this context is not defined in Chapter 268A of the Massachuse倀s General Laws, the Conflict of
Interest Law. An overview issued by the Massachuse倀s Conflict of Interest Law indicates that “The Commission has
concluded that the dis倀nguishing factor of ac倀ng as agent within the meaning of the conflict law is ‘ac倀ng on behalf
of some person or en倀ty, a factor present in ac倀ng as spokesperson, nego倀a倀ng, signing documents and submi倀ng
applica倀ons’ ”. This is a very broad interpreta倀on of the words “ac倀ng as agent” in this context. For example, it does
not require that you have a financial interest in the subject ma倀er you would be discussing.
We find no other interpreta倀on of the words “ac倀ng as agent” in the context of Chapter 268A, Sec倀on 17 (c).
Based upon this informa倀on, if you were to speak to the Na倀ck Finance Commi倀ee on behalf of the pe倀倀oners
regarding Ar倀cle 31 and/or Ar倀cle 32, you would be ac倀ng as an agent for the pe倀倀oners who submi倀ed the ar倀cle
in ques倀on, and you would be subject to the above quoted provisions of Chapter 268A, Sec倀on 17 (c) of the
Massachuse倀s General Laws. This is admi倀edly a harsh result, but it appears to be what the statute intended.
In my opinion, the same principles apply if you were to address Town Mee倀ng regarding Ar倀cle 31 and/or Ar倀cle 32.
The following op倀ons are available.
1. Do not speak before the Na倀ck Finance Commi倀ee or Na倀ck Town Mee倀ng on behalf of Ar倀cle 31 or Ar倀cle 32.
In that event, the above provisions of Chapter 268A, Sec倀on 17 (c) of the Massachuse倀s General Laws would not be
triggered.
2. If you speak to the Na倀ck Finance Commi倀ee or Na倀ck Town Mee倀ng regarding Ar倀cle 31 or Ar倀cle 32, specify
that you are speaking as an individual ci倀zen and not on behalf of the pe倀倀oners. We were advised by the State
Ethics Commission a倀orney of the day that this would not be a viola倀on of Chapter 268A, Sec倀on 17(c).
3. If you speak to the Na倀ck Finance Commi倀ee or Na倀ck Town Mee倀ng on behalf of the pe倀倀oners regarding
either Ar倀cle 31 or Ar倀cle 32, the Board of Selectmen would need to classify the members of the Na倀ck Personnel
Board as special municipal employees beforehand.
If you have any ques倀ons or need any further informa倀on, please contact me.
John P. Flynn, Esq.
Murphy, Hesse, Toomey and Lehane, LLP
300 Crown Colony Drive
Suite 410
Quincy, MA 02169
(617) 4795000 (phone)
(617) 4796469 (fax)
_________________
ITEM TITLE:
ITEM SUMMARY:
ATTACHMENTS:
Description
MCWRS Appeal of EPA's Final MA MS4 Permit
Utility Pole Update - J. Ostroff
Upload Date
8/25/2016
9/2/2016
9/2/2016
Type
Cover Memo
Cover Memo
Cover Memo
View this email in your browser
About the Coalition
The Massachusetts Coalition
for Water Resources
Stewardship (MCWRS) is a
nonprofit organization
committed to promoting
watershedbased policies
and regulations that
effectively manage and
conserve water resources.
MCWRS is unique in its focus
on protecting municipalities'
interests in an ever changing
regulatory environment. We
promote using scientifically
based and fiscally
responsible approaches to
realize environmental and
community goals.
Members include
municipalities; public
agencies that transport and
treat drinking water,
wastewater and stormwater;
quasigovernment agencies;
and private organizations
whose members are
committed to the principles
Dear Jeremy,
The Massachusetts Coalition for Water Resources Stewardship
(MCWRS) has jointly filed a Petition for Review of the
Final Massachusetts Small Municipal Separate Storm
Sewer General Permit (MS4) in the First Circuit of
the United States Court of Appeals in Boston with the
Town of Franklin!
The Final Permit was issued by the U.S. Environmental
Protection Agency (EPA), Region 1, and cosigned by the
Massachusetts Department of Environmental Protection, on
April 4, 2016, and takes effect on July 1, 2017. The MS4
permit regulates municipal stormwater discharges under the
federal Clean Water Act (CWA) through the National
Pollutant Discharge Elimination System (NPDES) program.
At issue in the appeal is the standard EPA seeks to apply to
discharges from municipal storm sewers, which collect
rainfall from streets, buildings, and developed areas.
MCWRS, Franklin, and numerous municipalities supporting
the appeal contend that certain permit conditions exceed
EPA’s authority under the CWA. They go far beyond what
Congress ever intended EPA might do to regulate municipal
stormwater discharges. The MS4 permit applies to over 260
Massachusetts communities. The costs for communities to
of stewardship and
sustainability in protecting
the environment and public
health. Invite your
colleagues to visit the
Coalition website for
membership information.
meet these new water quality standards vary widely, with
independent estimates ranging from $260,000 to $750,000
annually for some mediumsized municipalities.
Permits issued under the NPDES program are first released
as a draft subject to a public comment period. The
Massachusetts MS4 Draft General Permit generated over
1,300 individual comments by more than 150 entities, many
of them municipalities impacted by the MS4 permit. EPA
made some revisions in the final permit, but did not
adequately address key issues raised by many municipal
interests. The only process to address contentious matters
contained in a final NPDES permit is through the courts.
MCWRS and the Town of Franklin have thus filed the
Petition for Review of the MS4 permit with the First Circuit
Court with the expectation that the Court’s interpretation of
the municipal stormwater provisions of the CWA will be
consistent with that of Massachusetts’ municipalities. The
use of the courts to challenge EPA actions is a step
frequently employed by environmental advocacy groups in
Massachusetts and across the country. This action by
MCWRS and the Town of Franklin is very much in keeping
with that practice.
CONNECT WITH US:
For more information, please visit the Coalition’s website at
www.mcwrs.org or contact Kate Barrett at 6173575772 x12
or kbarrett@mcwrs.org.
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Jeremy Marsette, PE
Director of Public Works
Town of Natick
75 West Street
Natick, MA 01760
DPW Main #: 5086476550
Fax: 5086476560
ITEM TITLE:
ITEM SUMMARY:
* A list of Warrant Articles and text are available on the Town Website at
Natickma.gov, in the Town Clerk's Office, the Selectmen's Office, the Post
Office, the Bacon Free Library, and the Morse Institute Library, and at one
location in each precinct.

Agenda PDF

Transcription

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