MA - Natick: Board of Selectmen Agenda

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Board of Selectmen Agenda

NATICK BOARD OF SELECTMEN AGENDA

Edward H. Dlott Meeting Room Monday, August 19, 2019

6:00 PM

Agenda Posted Thursday, 8/15/19 at 5:20 p.m.

(Times listed are approximate. Agenda items will be addressed in an order determined by the Chair.)

1. 6:00 OPEN SESSION: Call to Order and Roll Call Vote to Enter Executive Session

2. EXECUTIVE SESSION This portion of the meeting is not open to the public.

A. Purpose 3: To discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the

public body: E.L. Harvey
Tagged Passions:legal and strategic

B. Approve Executive Session Meeting Minutes - 8/5/19 and 8/12/19

3. 6:20 RECONVENE OPEN SESSION

4. ANNOUNCEMENTS

A. Downtown Fire Updates B. Natick Army Labs Command Team C. Natick Days D. CRT Announcement-Closed During Construction E. Camp Arrowhead: Adaptive

Kayaking Event F. Natick Mall: Hidden in Plain Sight Initiative G. Hunnewell Field Access H. Middlesex Path Dog Park: Groundbreaking
Tagged Passions:construction, pets, downtown, events, parks, boating, commercial, and military

5. 6:35 CITIZENS' CONCERNS Any individual may raise an issue that is not included on the agenda and it will be taken under advisement by the Board.

There will be no opportunity for debate during this portion of the meeting. Any individual addressing the Board during this section of the agenda shall be limited to five minutes.

6. 6:45 REQUESTED ACTION

A. Supervisor of Land and Natural Resources: Appeal Objection to the Removal of Public Shade Trees along Strafford Rd and Drury Lane

Tagged Passions:trees

B. Public Hearing: Eversource Grant of Location C. Public Hearing: Residence Inn Application for an Alteration of Premises for an S12 All

Tagged Passions:grant, hotel, and hearing

Alcohol On-Premises License D. Residence Inn: Applications for an Innholders Common Victualer's License and

Tagged Passions:alcohol, hotel, and license

Entertainment License E. Cheesecake Factory: Change in Manager for an S12 All Alcohol On-Premises License

Tagged Passions:alcohol, manager, and license

7. 7:30 APPOINTMENTS

Tagged Passions:appointments

A. Michael Projman: Interview for Appointment to the Historical Commission B. Grace Keeney: Interview for Appointment to the Cultural Council C.

Appoint Lead Records Access Officer ( Super RAO )
Tagged Passions:council, boards and commissions, appointments, and historical

8. 7:45 BOARD OF SELECTMEN UPDATES

A. Deputy Town Administrator/Operations and Recreation and Parks Director: Playground Condition Report

Tagged Passions:parks, administrator, and recreation

B. MassDOT: State's Rail Vision Planning C. West Natick Fire Station: Asbestos/Construction Update D. Adult Use Marijuana Regulations: Update

Tagged Passions:drugs, planning, regulation, construction, strategic, fire departments and districts, transportation, and marijuana

9. 8:15 DISCUSSION AND DECISION

A. Sign the 2019 Fall Annual Town Meeting Warrant B. 22 Pleasant Street: Collaboration Among Town of Natick's Boards C. Refer 2019 Fall Annual Town

Meeting Zoning By-law Amendment Articles to the Planning
Tagged Passions:planning, public safety, and zoning

Board

10.8:25 SELECTMEN SUBCOMMITTEE/LIAISON UPDATES

11. CONSENT AGENDA

A. Confirm Town Administrator's Appointments to the Commission on Disability a. Aaron Spelker b. Amanda Hsiao

Tagged Passions:boards and commissions, appointments, disability, and administrator

B. Accept Resignations from the Cultural Council a. Raffaella Torchia b. Beverly Klau

Tagged Passions:council

C. Approve Application for One-Day Alcohol License: Cystic Fibrosis Foundation/The Joey Fund - 10/27/19

Tagged Passions:alcohol and license

D. Approve Common Victualer's Application for Tous les Jours Contingent Upon BOH/Bldg Dept Approvals and Required Permits

E. Approve Circular Ave Block Party on 9/14/19 F. Approve Millbrook Road Block Party on 9/21/19 G. Approve Morningside Ave Block Party on 9/14/19

(RD: 9/21/19) H. Approve Use of Town Common: Natick Center Cultural District - We Burn Brighter Sign
Tagged Passions:streets

Board I. Approve Use of Town Common: Common Street Spiritual Center - Multi-Faith Music

Tagged Passions:streets

Festival on 10/5/19 J. Approve Request for Exemption from Town By-Laws Chaper 41, Section 4: John

Tagged Passions:festival

DeVroude - ASAP Program Staff / Recreation Leader/Counselor K. Approve Sustainablity Committee's Request to Accept Donation from Natick Center

Tagged Passions:donation, Donation, program, and recreation

Associates L. Approve Meeting Minutes - 7/10/19 and 8/12/19

12. TOWN ADMINISTRATOR NOTES

Tagged Passions:administrator

13. SELECTMEN'S CONCERNS

14. CORRESPONDENCE

A. Correspondence 8/19/19

15. ADJOURNMENT

NEXT MEETING DATES: Tue., 9/3; Mon., 9/16; Tue., 10/1 Agenda posted in accordance with Provisions of M.G.L. Chapter 30, Sections 18-25

Meeting recorded by Natick Pegasus

BOARD OF SELECTMEN TOWN OF NATICK

EXECUTIVE SESSION MINUTES

EDWARD H. DLOTT MEETING ROOM NATICK TOWN HALL

August 12, 2019

6:00 PM

PRESENT: Chair Michael J. Hickey, Jr., Vice Chair Susan G. Salamoff, Clerk Jonathan H. Freedman, Karen

Adelman-Foster, and Richard P. Jennett, Jr.

ALSO PRESENT: Town Administrator Melissa A. Malone, Deputy Town Administrator/Director of Finance

Tagged Passions:finance and administrator

John Townsend, Deputy Town Administrator/Operations, Town Counsel Karis North, Special Counsel

Tagged Passions:administrator

Thomas Mackie (for the discussion of Hunnewell Field only), and Executive Assistant Trish O Neil

Executive Session convened at 6:05 p.m.

1. Purpose 3: strategy with respect to collective bargaining if an open meeting may have a detrimental

Tagged Passions:strategic and union

effect on the bargaining position of the public body and the chair so declares:

Collective Bargaining Agreements:

Tagged Passions:union

Supervisors' and Administrators' Association (DPW Supervisors)

Tagged Passions:administrator

Public Employees Local Union 1116 (DPW Laborers)

Tagged Passions:union

Public Employees Local Union 1116 (Clerical)

Tagged Passions:union

Public Employees Local Union 1116 (Library)

Tagged Passions:union and library

and

LIUNA: Laborers' Internal Union of North America

Tagged Passions:union

Supervisors' and Administrators' Association (DPW Supervisors)

Tagged Passions:administrator

Public Employees Local Union 1116 (DPW Laborers)

Tagged Passions:union

Public Employees Local Union 1116 (Clerical)

Tagged Passions:union

Maintenance and Custodians Local 1116 (Facilities Maintenance)

Ms. Malone stated that all modifications to the Library Contract were made. Both she and Mr.

Tagged Passions:contract and library

Townsend stated that the contract was voted on last time so no action is necessary tonight. That

Tagged Passions:contract

being the case, Attorney North noted that the contract does not have to be brought back into

Tagged Passions:legal and contract

Executive Session - the Selectmen can just sign.

Ms. Malone explained that the LIUNA pension documents say that the pension funding is subject to

Tagged Passions:funding, retirement, and union

collective bargaining. The Town currently funds LIUNA in addition to COLAs; however, in 2000, the

Tagged Passions:funding and union

Town agreed to join the LIUNA pension fund and provide this benefit to employees in lieu of COLAs.

Tagged Passions:retirement and union

When the fund entered critical status, the amount paid by the Town escalated substantially and now,

at the end of the cited 10-year period, representatives of the fund in Washington have stated that the

Town will continue to pay the higher amount. Ms. Malone stated that the last vote the Board took

was to preserve the pension funding for existing participants but that it would not be available to new

Tagged Passions:funding and retirement

hires going forward. Employees currently participating in the plan will keep what they have but there

will be no future contributions once the Town opts out of the plan. Ms. Malone, noting that employees

do not stay at the same job for 30 years anymore as a regular practice, stated that while it makes

financial sense for the Town to withdraw from the fund, to do so will come at a cost of between 2-

Tagged Passions:finance

6 million.

Ms. Malone asked the Board to approve a one year extension (through June 30, 2019, i.e., FY 2019),

with Attorney North to provide the operative language, of the following collective bargaining

Tagged Passions:legal and union

agreements:

Supervisors' and Administrators' Association (DPW Supervisors)

Tagged Passions:administrator

Public Employees Local Union 1116 (DPW Laborers)

Tagged Passions:union

Public Employees Local Union 1116 (Clerical)

Tagged Passions:union

August 12, 2019 Board of Selectmen Executive Session

2

Mr. Jennett inquired about the reason for the one-year contract extensions, wondering if the shorter-

Tagged Passions:contract

than-normal duration was due to the anticipated withdrawal from the LIUNA pension fund. Ms.

Tagged Passions:retirement and union

Malone responded that the Administration does not want to penalize employees for the LIUNA

Tagged Passions:union

arrangement and a one-year contract would allow the union and the Town the opportunity to better

Tagged Passions:contract and union

negotiate a compensation package that would be for longer than one year. Attorney North stated

Tagged Passions:compensation and legal

that the Town does not have all of the information it needs to negotiate for the future.

On a motion by Michael Hickey, seconded by Karen Adelman-Foster, the board voted 5-0-0 to

approve a one-year extension, through June 30, 2019, of collective bargaining agreements for:

Tagged Passions:union

Supervisors' and Administrators' Association (DPW Supervisors); Public Employees Local Union

Tagged Passions:union and administrator

1116 (DPW Laborers); and Public Employees Local Union 1116 (Clerical).

Tagged Passions:union

2. Purpose 3: strategy with respect to litigation if an open meeting may have a detrimental effect on the

Tagged Passions:legal and strategic

litigating position of the public body: E.L. Harvey

Due to time constraints, this item will be continued to the August 19th meeting, at which time the

supplemental contract with Casella can be executed. Both Ms. Malone and Attorney North will be

Tagged Passions:legal and contract

unavailable for that meeting.

3. Purpose 6: the purchase, exchange, lease, or value of real property where discussion in an open

Tagged Passions:leasing, purchasing, and property

meeting may have a detrimental effect on the Town's negotiating position Hunnewell Field Access.

Access to Hunnewell Field will be discontinued in December of 2019 or when the 22 Pleasant Street

Tagged Passions:streets

property sells, whichever comes first, as noticed by the property owner, James Knott. Attorney North

Tagged Passions:legal and property

noted that she, Attorney Mackie, and Ms. Malone had arrived at a general consensus with four

Tagged Passions:legal

reasonable options that could be employed in order to maintain access:

1. Purchasing the property at 22 Pleasant Street.

Tagged Passions:streets, purchasing, and property

2. Considering a combination of easements (taking/giving) over the 22 Pleasant Street

Tagged Passions:streets and easement

driveway and/or other adjacent parcels.

Tagged Passions:property

3. Purchasing air rights and, by default, surface rights to the property.

Tagged Passions:purchasing and property

4. Purchasing a conservation restriction on the property.

Tagged Passions:Conservation, purchasing, and property

The ask for tonight is whether the Board wants to consider sponsoring a Warrant Article for the 2019

Tagged Passions:public safety

Fall Annual Town Meeting that would be general enough to encapsulate all of the above options. Mr.

Hickey noted that Paul Griesmer is meeting with the Recreation and Parks Commission tonight

Tagged Passions:boards and commissions, parks, and recreation

regarding a Warrant Article he is proposing and stated his preference for a more consolidated team

Tagged Passions:public safety

approach rather than having multiple articles for the same purpose on Town Meeting floor.

Ms. Malone noted that there are two parties interested in purchasing the 22 Pleasant Street property

Tagged Passions:streets, purchasing, and property

- a moving company and a landscaping company - both of which have said they want to ensure that

the Town has continued access to Hunnewell Field and one of which is going before the Planning

Tagged Passions:planning

Board next week. Ms. Malone suggested incentivizing one of the two entities to purchase the property

Tagged Passions:purchasing and property

in exchange for a permanent easement by providing Tax Increment Financing (TIF) that would lower

Tagged Passions:TIF, taxes, Taxes, and easement

the entity's property tax by 100,000, or with a donation from the Town. Attorney North stated that

Tagged Passions:legal, taxes, Taxes, donation, Donation, property, and property tax

the Town cannot write checks to private parties under the state's Anti-Aid Amendment. Mr. Chenard

stated that paying for the easement would be an incentive. Mr. Jennett complained that no one has

Tagged Passions:incentive and easement

spoken to the property owner about any of this. Mr. Hickey explained that attempts to do so have

Tagged Passions:property

been unsuccessful. Mr. Jennett discouraged rushing to have an Article ready for FATM and

recommended having a Special Town Meeting to allow for more time to craft an appropriate article.

Attorney North suggested going back to the property owner and trying to arrange for another year-

Tagged Passions:legal and property

long access agreement. Attorney Mackie left the meeting at the conclusion of the discussion. Ms.

Tagged Passions:legal

Adelman-Foster told Mr. Hickey she needed additional background material on the 22 Pleasant

Street matter.

Tagged Passions:streets

On a motion by Michael Hickey, seconded by Jonathan Freedman, the board voted 5-0-0 to sponsor

a warrant article or articles that would allow the town to pursue rights of access through easement,

Tagged Passions:public safety and easement

August 12, 2019 Board of Selectmen Executive Session

3

purchase, taking, eminent domain, or gift in whatever form may ultimately be determined reasonable

Tagged Passions:purchasing, commercial, and eminent domain

and necessary to preserve long-term rights of access to Hunnewell Field. That would include

consideration of any conveyance or transfer of town land, acquiring an interest in land at 22 Pleasant

Street and other adjacent parcels as necessary, and the ability to have discussions with the owner

Tagged Passions:streets and property

of 22 Pleasant Street and any other third party, providing flexibility to allow ongoing discussions with

Tagged Passions:streets

other stakeholders, with the Town Administrator and Town Counsel given latitude to make changes

Tagged Passions:administrator

to the Article language. The resulting motion would require the identification of the property or

Tagged Passions:property

properties being considered, including 22 Pleasant Street, Merrill Road, and any other potential

Tagged Passions:streets

properties.

4. Review and approval of Executive Session meeting minutes

Due to time constraints, the Board will review these minutes at its next meeting on August 19th.

ADJOURNMENT:

On a motion by Mr. Jennett, seconded by Ms. Salamoff, the Board voted 5-0-0 to adjourn Executive Session

at 7:38 p.m., as confirmed by a roll call vote as follows: Mr. Hickey Yes; Mr. Freedman Yes; Ms. Adelman-

Foster Yes; Mr. Jennett Yes.

________________________________

Jonathan H. Freedman, Clerk

Submitted by Trish O Neil, Executive Assistant

August 12, 2019 Executive Session Minutes Approved by the Board of Selectmen on _____ and forwarded

for review to Town Counsel on _____.

ITEM TITLE: Downtown Fire Updates ITEM SUMMARY:

Tagged Passions:downtown

ITEM TITLE: Natick Army Labs Command Team ITEM SUMMARY:

Tagged Passions:military

ITEM TITLE: Natick Days ITEM SUMMARY:

ITEM TITLE: CRT Announcement-Closed During Construction ITEM SUMMARY:

Tagged Passions:construction

ATTACHMENTS: Description Upload Date Type Announcement 8/9/2019 Cover Memo

Patricia O'Neil

Re: CRT announcement (web site and meeting) 1 message

Jonathan Freedman Thu, Aug 8, 2019 at 10:39 PM To: Josh Ostroff , Patricia O'Neil

Cc: Kathy Lentini , Michael Hickey , Melissa Malone

Thanks Josh.

Trish, please add to the Announcements for the next few BOS meetings.

Kathy, can you add this to the web site?

Thanks,

Jon

Jonathan Freedman Clerk, Board of Selectmen Chair, Financial Planning Committee Chair, Audit Advisory Committee Vice Chair, KMS Building Committee

Tagged Passions:planning, finance, and audit

On Thu, Aug 8, 2019, 6:01 PM Josh Ostroff wrote: Thanks Any questions, please let me know.

CRT ANNOUNCEMENT

For safety reasons, the Cochituate Rail Trail will be closed to the public for the duration of construction. Please do not enter upon the CRT until

the project is complete, or until an announcement has been made from MassDOT or the Town of Natick that the trail is open.
Tagged Passions:construction, transportation, and trails

This decision is a change from the previous plan to open sections of the trail between August and October. This decision was made by the project

contractor and MassDOT because of frequent use by the public of sections that are closed, and the concern that opening and closing the trail is leading to public confusion. In addition, the project team has determined that recent clearing of vegetation has left the trail surface in an unsafe condition.
Tagged Passions:trails

The Town will continue to share construction updates at natickma.gov/crt. Thank you for your cooperation.

Tagged Passions:construction

Josh Ostroff Partnerships Director, Transportation for Massachusetts 508 654-3330 jostroff@t4ma.org

Tagged Passions:transportation

ITEM TITLE: Camp Arrowhead: Adaptive Kayaking Event ITEM SUMMARY:

Tagged Passions:events and boating

ATTACHMENTS: Description Upload Date Type Flyer 8/14/2019 Cover Memo

Veterans Adaptive Kayaking Event

Tagged Passions:veterans, events, and boating

Camp Arrowhead 1055 Worcester St. in Natick

DCR s Universal Access Program, in partnership with All Out Adventures, is hosting an adaptive kayaking event at Camp Arrowhead

Tagged Passions:events, program, and boating

for veterans. We invite vets of all abilities to join us for an afternoon paddle and picnic outdoors. Adaptive equipment and staff are on-site to

assist
Tagged Passions:equipment and veterans

people of all abilities enjoy a relaxing paddle on Lake Cochituate. Equipment, instruction, support, and life jackets are provided.

Tagged Passions:equipment and instruction

Pre-registration is required. Please call to reserve your kayaking session

Tagged Passions:boating

For more information on accessible recreation opportunities in Massachusetts state parks, visit www.mass.gov/dcr/universal-access or call (413)

545-5760
Tagged Passions:parks and recreation

Wednesday, August 28th from 11 a.m. 3 p.m. Call All Out Adventures at (413) 584-2052 to register

ITEM TITLE: Natick Mall: Hidden in Plain Sight Initiative ITEM SUMMARY:

Tagged Passions:commercial

ITEM TITLE: Hunnewell Field Access ITEM SUMMARY:

ITEM TITLE: Middlesex Path Dog Park: Groundbreaking ITEM SUMMARY:

Tagged Passions:pets and parks

ITEM TITLE: Supervisor of Land and Natural Resources: Appeal Objection to the Removal of Public Shade Trees along Strafford Rd and Drury Lane

Tagged Passions:trees

ITEM SUMMARY:

ITEM TITLE: Public Hearing: Eversource Grant of Location ITEM SUMMARY:

Tagged Passions:grant and hearing

ITEM TITLE: Public Hearing: Residence Inn Application for an Alteration of Premises for an S12 All Alcohol On-Premises License

Tagged Passions:alcohol, hotel, hearing, and license

ITEM SUMMARY:

ATTACHMENTS: Description Upload Date Type Application 8/15/2019 Cover Memo Police Recommendation 8/15/2019 Cover Memo

Tagged Passions:public safety

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ITEM TITLE: Residence Inn: Applications for an Innholders Common Victualer's License and Entertainment License

Tagged Passions:hotel and license

ITEM SUMMARY:

ATTACHMENTS: Description Upload Date Type CV Application 8/15/2019 Cover Memo Entertainment License Application 8/15/2019 Cover Memo

Tagged Passions:license

ITEM TITLE: Cheesecake Factory: Change in Manager for an S12 All Alcohol On-Premises License

Tagged Passions:alcohol, manager, and license

ITEM SUMMARY:

ATTACHMENTS: Description Upload Date Type Application 8/15/2019 Cover Memo Police Recommendation 8/15/2019 Cover Memo

Tagged Passions:public safety

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