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Natick Town Meeting - Fall 2002

Finance Committee Recommendations

FINANCE COMMITTEE

RECOMMENDATIONS

2002 FALL TOWN MEETING

ARTICLE 1   

(Town Administrator)

To determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operation of the government of the Town of Natick, including debt and interest, and to provide for a reserve fund for Fiscal Year 2003 (July 1, 2002 to June 30, 2003), and to see what budgets for Fiscal 2003 will be reduced to offset said additional appropriations, or take any action relative thereto.  

RECOMMENDATION:      By a vote of 11-3-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 1 and that the sum of $325,693 be raised to fund the following Fiscal Year 2003 supplemental appropriations:

The purpose of this article is to supplement and or amend the various Fiscal Year (hereafter “FY”) 2003 operating budgets. 

With regard to the Town Collector: Ambulance Billing/Collection Fees, this recommendation requests increasing the FY 2003 appropriation for fees related to the administration and processing of Ambulance billings.  These fees are based on a percentage of ambulance revenue collected (4.75%), including the processing of claims with related insurance carriers. 

To illustrate the Finance Committee and Town Administration calculations regarding this recommendation, we provide the following: 1) FY02 expenditures, 2) FY03 appropriation, and 3) the additional request. 

The Finance Committee recommends funding this request from the Tax Levy (via increased Local Receipts - Ambulance Fees).

With regard to the Legal Services/Judgments – Damage Claims request, the Finance Committee recommends the requested increase in this appropriation, which covers anticipated increases in costs related to insurance deductibles.  The specific areas where deducible allowances were increased are “School, Law Enforcement, and Public Officials” liability ($10,000.00) and Property Damage ($2,500). The current FY’s appropriation and the requested additional are as follows;

The Finance Committee recommends funding this request from Tax Levy.

With regard to the Debt Service/Bond Anticipation Notes request, the Finance committee concurs with the town administration’s request to increase this account in the amount of $175,000.00, which is to “pay down” a portion of the principal balance for the $500,000 borrowed as planning / architectural funds for the Natick High School.   In light of the fact that the Natick High School renovation has not received construction authorization the allowable duration for temporary borrowing is limited to two (2) years with a five (5) year payoff requirement.  The town administration recommends repayment for this debt over the next three fiscal years in the following manner:

The Finance Committee recommends funding this request from Free Cash.

With regard to the Employee Fringe Benefit Insurance and Self Insurance/Public Safety C41 S111F Medical request, the Finance Committee concurs with the town administration’s request to increase this account, which will increase the appropriation for insurance premium for reinsurance related to workplace injuries for Police and Fire Personnel. 

Upon Town Meeting’s acceptance of this request, the FY03 appropriation will be revised as follows:

The Finance Committee recommends funding this request from Tax Levy.

With regard to the Property and Liability Insurance/Motor Vehicle request, the Finance Committee concurs with the town administration’s request to increase the appropriation so that funding would be made available for increases in premium costs for Auto Insurance. 

Upon Town Meeting’s acceptance of this request, the FY03 appropriation will be revised as follows:

The Finance Committee recommends funding this request from the Tax Levy.

With regard to the Property and Liability Insurance/Boiler request, the Finance Committee concurs with the town administrator’s request to increase the appropriation so that funding would be made available for increases in premium costs for Boiler Insurance.  The current FY’s appropriation, the additional requested amount and the adjusted FY03 appropriation are as follows;

The Finance Committee recommends funding this request from the Tax Levy.

With regard to the Budgetary Reserves/Reserve for Appropriation request, the Finance Committee concurs with the town administration’s request, which will return funds that were transferred by the Finance Committee to allow for the timely purchase of a vehicle for the Fire Department.  The Fire Department vehicle was a “first line” response vehicle that was a total loss, due to an auto accident this fiscal year.  The request will replace the vehicle and equip it with the appropriate lights, sirens, emblems, decals, etc.   In addition, this request will replace damaged electronic equipment at a functional level to that which was present before the automobile accident.

The Finance Committee recommends the $42,500.00 appropriation funding from Free Cash.

With regard to the Non Contributory Pensions/Pensions request, the Finance Committee concurs with the town administration’s request, which represents an amount to fund “Veteran’s Benefits” for non-contributory retirement recipients.  There were additional benefits that have accrued over several years for a limited numbers of retirees, which represent a one-time payment of accrued benefits. 

The Finance Committee recommends the $24,593.00 appropriation funding from Free Cash.

MOTION:     

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 2

(Town Administrator)

To see if the Town will vote to appropriate a sum of money from available funds for the purpose of supplementing the stabilization fund under Article 22 of the warrant for Annual Town Meeting of 1961, as authorized by Chapter 40, Section 5B of the General Laws, as amended, or otherwise act  thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 2. 

Normally, the purpose of this article is to appropriate funds into the Stabilization Fund of the Town.  However this Fall the Finance Committee is not recommending appropriation under this article.  Taking into account the uncertainties we face in the coming fiscal years’ budgets, it is prudent at this time to forego any appropriations under this article.

ARTICLE 3

(Town Administrator)

To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money as may be required for capital equipment for the various departments of the Town of Natick, or otherwise act thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 3. 

The purpose of this article is to fund various capital equipment requests.  Normally, the Finance Committee has recommended funding under this article in the Fall of each year to fulfill those capital equipment needs of the Town’s departments.  However, this year we are not recommending any appropriations under this article.

The Finance Committee concurs with the Town Administrator’s position that with the uncertainties we face in the coming fiscal years’ budgets it is prudent at this time to forego funding any requests under this article. 

The Finance Committee heard testimony regarding a request to replace one of the four Neighborhood buses.  Even though this request has some merit, the Finance Committee believes that, since the Board of Selectmen had only recently received the Neighborhood Bus Advisory Committee Report, and that they  have not digested or acted upon such, no bus should be purchased until the Board of Selectmen has made decisions related to service continuation, enhancement and/or change.

ARTICLE 4

(Town Administrator)

To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money to implement a Capital Improvement Program, to protect the physical infrastructure of the Town of Natick, or otherwise act thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 4. 

Normally, the purpose of this article is to fund various Town capital improvement requests.  As mentioned above in Article 3, we concur with the Town Administrator’s position that we face fiscal uncertainties in the coming fiscal years’ budgets.  Therefore, it is prudent at this time to forego funding any requests under this article.

ARTICLE 5

(Town Administrator)

To see if the Town will vote to appropriate and raise, or otherwise provide, a sum or sums of money as may be required for the lease and/or repair of equipment for various departments of the Town of Natick, or otherwise act thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 5. 

The purpose of this article is to fund various Town leases and or repairs of equipment under the control and management of Town departments.  As mentioned above in Article 3 and Article 4, we concur with the Town Administrator’s position that we face fiscal uncertainties in the coming fiscal years’ budgets.  Therefore, it is prudent at this time to forego funding any requests under this article.

ARTICLE 6

(Morse Institute Library Trustees)

To see what sums of money the Town will vote to raise and appropriate, or otherwise provide, to hire additional personnel for the Morse Institute Library, or take any action relative thereto.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 6. 

The purpose of this article is to appropriate funding for Morse Institute Library personnel.  The Morse Institute Library Director and a member of the Board of Trustees presented staffing data and operational  needs.  After discussion and deliberation the request was withdrawn.  Members of the Finance Committee felt that given the current fiscal uncertainties, among other things, consideration of such funding should be delayed until further review can occur.  Therefore, such funding request will be reviewed during the next fiscal year budget review process, so that it can be considered in the context of the Town budget as a whole.

ARTICLE 7

(Town Administrator)

To see if the Town will vote to appropriate a sum of money to provide for the remediation of contamination on Town owned properties; determine whether this appropriation shall be raised by borrowing or otherwise; or take any other action relative thereto.

RECOMMENDATION:      By a vote of 12-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 7 and that the sum of $135,150.00 be raised from Free Cash. 

The purpose of this article is to fund the Town’s on-going efforts to remediate contamination on town-owned land.  Specifically, the amount being requested is a continuation of funding that Town Meeting appropriated last spring in Article 18.  At that time we reported that these expenditures would be ongoing.

The following table and paragraphs are a summary of our report from the Annual (Spring) Town Meeting Warrant:

Lilja School	$61,050
Bennett Hemingway School	$  9,600
Murphy Recreation Center	$36,500
Natick District Courthouse	$  7,500
Natick Department of Public Works	$15,500
Eliot School Oil Tank Replacement	$  5,000

The amounts listed above represent one half of the funds anticipated to be spent in Fiscal Year 2003 for this purpose.  The Town Administration anticipates requesting the other half of the necessary funding at Fall Town Meeting.  The Town has a five-year oil tank remediation funding schedule amounting to approximately $120,000 to $130,000 for the next five fiscal years.  In recognition of the level of need after Fiscal Year 2003, the Town Administration has requested and the Finance Committee recommends that the funding source be from Free Cash and not from borrowing.  The Finance Committee concurs that there is no money left in the Oil Tank Remediation Fund formerly appropriated by Town Meeting.

Each of these oil tank problems and concerns are long standing. Costs generally include quarterly or semi annual testing of each area and filing of appropriate environmental reports.  The Town’s environmental consultant has provided two options for continued testing and monitoring, and the Town Administration has chosen the more aggressive approach of groundwater treatment and active - NAPL Recovery

One major benefit of this plan is that the Town can monitor the testing and monitoring process without hiring a consultant, because of the newly establish Environmental Officer’s capability to monitor such.  Another major benefit is that with the use of Free Cash funding this project will avoid added costs such as interest on borrowing and bond issuance costs. 

Taking those benefits into account among others, continuation of this project is timely and fiscally prudent for Fiscal Year 2003. 

Specific questions about these projects should be addressed to the Environmental Officer and/or Town administrators.

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 8

(Town Administrator)

To see if the Town will vote to release the un-obligated balances of the following capital projects originally voted at the previous Town Meetings:

Special Town Meeting on April 13, 1999-Article 3:  Eliot Street, Union Street, Pleasant Street, Caswell Street, River Street, Lincoln Street, Water Street, Auburn Street and Broads Avenue Sewer System in the amount of $318,239.21; and

Annual Town Meeting on April 11, 2000-Article 24:  Sewer Extension:  Water Street, Lincoln Street, River Street, Cohns Street, Cape Street and Schaller Street in the amount of $420,701.80.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 8.

The purpose of this article is to release the funds in reserve from completed sewer system projects’ appropriations.  The Finance Committee heard testimony that the two projects delineated in the warrant article are complete to the satisfaction of the DPW, all bonds are released and funds remain in accounts.  These funds can be made available, after Town Meeting’s vote to release the un-obligated balances, and can be used for related purposes.  To that end, the release of these funds will allow Town Meeting to fund the sewer project that will be considered under the following article – Article 9. 

As background, the appropriation for the work on the sewer system authorized under Article 3 of the Special Town Meeting of April 13,1999 was for $750,000.00.  The amount to be returned is $318,239.21.  The appropriation for the Sewer extension work authorized under Article 24 of the Annual Town Meeting on April 11, 2000 was $835,000. The amount to be returned is $410,701.80.

The Finance Committee recommends approval of this article and the release of a total of $738,941.01.

MOTION:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 9

(Town Administrator)

To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide a sum of money as may be required for the replacement and/or rehabilitation of the gravity sewer main in East Central running from University Drive to Grant Street, continuing along Grant Street to Sherman Street; and to determine whether this appropriation shall be raised by borrowing or otherwise; or otherwise act thereon.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 9 and that $1,015,000.00 be raised from:

The purpose of this article is to fund the replacement and/or rehabilitation of a specific sewer main as delineated in Article 9 above.  Specifically, the scope of this replacement and/or rehabilitation of a gravity sewer main in East Central Street will encompass sewer mains running from University Drive to Grant Street, then continuing along Grant Street to Sherman Street. This work will replace and
enlarge the sewer main along East Central Street.  It will also redirect some of the flow in the existing sewer main through a new pipe that will connect with the Sherman Street sewer, which leads to the MWRA sewer mains.

The total funding is recommended to be raised from the released appropriations from Article 8
above $738,941.01, with the remaining necessary funds - $276,058.99 – being raised from the Sewer Entrance Fee Account.  Money in the Sewer Entrance Fee Account is accumulated from fees collected from those who connect to the Natick Sewer System. The current balance in this account is $526,655.25.

The Finance Committee recommends Town Meeting’s approval of an appropriation totaling $1,015,000.00.

Department heads should be available to provide additional specific project information and respond to Town Meeting Member questions.

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 10

(Town Administrator)

To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide a sum of money as may be required for the design and construction of renovations and expansion of the Department of Public Works facilities at 75 West Street for the water and sewer operations; and to determine whether this appropriation shall be raised by borrowing or otherwise; or otherwise act thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 10.

The purpose of this article was to seek funding for the design, construction, renovation and expansion of the Department of Public Works (DPW) facilities located at 75 West Street.  Specifically, the Town Administrator offered this article to fund such building alterations that would have renovated the second floor of the DPW building.  Included in these renovations was the alteration of the roof on the DPW office building’s northerly facing roof.  Building changes would have enhanced the work space and allowed for reasonable work areas related to the Water and Sewer Division and Engineering Division operations, which have been enhanced by the implementation of the new water meter replacement and upgrade program.  As Town Meeting members will probably recollect, the water meter replacement and upgrade expenditure was approved in past town meetings. 

The Finance Committee concurs with the Town Administrator’s and DPW Director’s request to withhold this request and that Town Meeting should take no action relative to this matter.  That is not to say that this request does not have merit or in any manner is unwarranted.  In fact, the Finance Committee concurs with the Town Administrator’s position to not make any capital improvement recommendation due to the unknown nature of the Town’s fiscal position for the coming fiscal years.  Therefore, for the time being we suggest that the DPW seek alternative steps to augment or alter the Water and Sewer Department’s immediate needs and contemplate bringing this matter back to Town Meeting, when there is greater clarity of the Town’s fiscal position. 

ARTICLE 11

(Town Administrator)

To see if the Town will vote to rescind the action of Town Meeting from April 7, 1987 in which $15,000 was appropriated in Article 27 for an agriculture restriction and to further see if the Town will vote to appropriate that same $15,000 to the Conservation Fund as provided for in Chapter 40, Section 8c of the General Laws of the Commonwealth; or otherwise act thereon.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 11. 

The purpose of this article is to rescind a former vote funding a particular Town Meeting appropriation and appropriate said amount - $15,000.00 - to the Conservation Fund.  At the April 7, 1987 Town Meeting the amount of $15,000.00 was appropriated to an account for an agricultural restricted fund, which has gone unspent.  It is fitting that this former appropriation be returned to the account from which it was initially appropriated from, so that it could be spent under the direction of the Conservation Commission, for the initial intended purpose.

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 12

(Town Administrator)

To see if the Town will vote to raise and appropriate, or otherwise provide such sums of money as may be required for the payment of  unpaid bills of previous years, incurred by the departments, boards and officers of the Town of Natick, or otherwise act thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 12. 

The purpose of this article is to fund un-paid bills that were encumbered and incurred during previous fiscal years.  The Town Comptroller and Town Administration reported that there are no such un-paid bills, at this time.  Therefore, the Finance Committee recommends no action with regard to the subject matter of this article.

ARTICLE 13

(Town Administrator)

To see if the Town will vote to authorize and direct the Board of Assessors to take a sum of money from Surplus Revenue - Free Cash to reduce the tax levy for the current fiscal year.

RECOMMENDATION:      By a vote of 12-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 13 and that the sum of $23,725.56 be appropriated from Free Cash. 

The purpose of this article is to fund certain balances from Surplus Revenues – Free Cash, which has the effect of reducing the tax levy.  The Finance Committee has recommended in past Town Meeting proceedings and is herein recommending that Town Meeting appropriate the sum of $23,725.56 for funding snow overdrafts for the previous fiscal year’s snow removal and related expenses.  This funding of previous snow expenses that are overdrafts is permitted by applicable municipal accounting principles and general law.

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 14

(Town Administrator)

To see if the Town will vote, pursuant to Chapter 40, Section 58 of the Massachusetts General Laws, and/or any other applicable legal authority, to authorize the town to impose a municipal charges lien on real property located within the Town of Natick for any trash fee which has not been paid by the due date; or otherwise act thereon.

RECOMMENDATION:      By a vote of 12-0-0 vote, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 14.

The purpose of this article is to provide the authority to the Town to impose municipal liens on real property in the same manner by which unpaid taxes and fees are levied.  It is apparent that without Town Meeting’s approval of this article the Town will be unable to recoup unpaid trash fees, in the manner in which it normally collects unpaid property taxes and/or sewer and water fees through lien(s) on real property.     

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 15

(Board of Selectmen)

To see if the Town will vote to authorize the Board of Selectmen to acquire two parcels of land owned now or formerly by the Commonwealth of Massachusetts containing approximately l.09 acres, located at the southwesterly corner of the intersection of Speen Street and Route 9; to see what sum of money the Town will vote to appropriate for the purposes of this article; to determine how said appropriation shall be raised, whether by transfer from available funds, borrowing or otherwise; to see if the Town will vote to authorize the Board of Selectmen to apply for and receive on behalf of the Town grants, gifts or donations for the purposes of this article from federal, state or private sources; to authorize the Board of Selectmen to execute all documents and to take any action necessary to accomplish the purposes of this article; or otherwise act thereon.

RECOMMENDATION:      The Finance Committee recommends NO ACTION with regard to the subject matter of Article 15. 

The purpose of this article is to authorize the Board of Selectmen to acquire two specific parcels of land owned now or formerly by the Commonwealth of Massachusetts, which are intended to be used for emergency access drive(s).  Currently, the town administration is working to ascertain which State agency – Division of Capital Asset Management (DCAM) or Massachusetts Highway Department (MHD) – manages and/or controls these properties.  Neither agency has determined which has such responsibility, which would include the disposal (town’s acquisition) of said property.  Until that matter is determined and purchase terms and conditions are made clear, the Finance Committee concurs with town administrators that Town Meeting should not act on this matter.  Therefore, there is a request for no action at this time.    

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 16

(Board of Selectmen)

To see if the Town will vote to authorize the Board of Selectmen to convey all or a portion of the Eliot School  property, which property is shown on the Natick Assessors’ Maps as Map 63, Lot 1; to determine the minimum consideration which shall be paid for such conveyance; to determine what conditions and restrictions shall apply to said conveyance; or otherwise act thereon.

RECOMMENDATION:      By a vote of 15-0-0, the Finance Committee recommends REFERAL TO THE BOARD OF SELECTMEN with regard to the subject matter of Article 16.

The purpose of this article is to authorize the Board of Selectmen to convey the Eliot School property.  Also, this article permits the Board of Selectmen to determine the minimum purchase value of the property, and set any terms and conditions, or restrictions or the conveyance of this property.  The town administration reported that the Selectmen are currently having discussion with property owners in the immediate area in relation to this property’s disposition.  It was reported that those conversations are on-going and may not be ready for presentation to Town Meeting, before the end of this fall’s session.  In addition, the Community Development Director is taking all necessary preliminary steps to provide for pre-purchase reviews and evaluations of the property, along with other abutting property.  The Finance Committee concurs with the town administration that more time is needed to properly prepare this matter for presentation to and consideration of Town Meeting.

Motion:

Move that the Town vote to refer the subject matter of Article 16 to the Board of Selectmen.

ARTICLE 17

(Milton E. Gilbert, et al.)

In view of the fact that the Board of Selectmen, acting for the Inhabitants of the Town of Natick, gave a Quitclaim Deed on April 2, 2001, granting to The Center For Arts in Natick, Inc. a certain parcel of land with the building thereon located at 14 Summer St., Natick (the “Property”), said Quitclaim Deed being recorded on April 4, 2001 at the South Middlesex District Registry of Deeds in Book 913, Page ____; said Quitclaim Deed providing that the use of the Property “shall be restricted to a visual and performing arts center”, which restriction may be removed only by a two-thirds vote of Natick Town Meeting; to see if the Town will vote by a two-thirds vote, to authorize the Board of Selectmen to take the following actions, or otherwise act thereon:

To recognize that The Center For Arts in Natick, Inc. may in the course of conducting its business enter into a mortgage with an institutional or other lender, and

(i)                  to insure that the Town has a right to reacquire the Property in the event that a mortgage holder causes a sale of such Property; and

(ii)                to insure that a lender will receive full payment of all principal and interest then outstanding in the event the Holder of a mortgage gives notice of instituting of a foreclosure proceeding, if the Town chooses to exercise its right to reacquire the Property; and

(iii)               to permit the removal of the restriction of use for a performing and visual arts center upon completion of foreclosure proceeding.

therefore the Board of Selectmen is hereby authorized to direct Town Counsel to file an affidavit in the Registry of Deeds reflecting the vote of Town Meeting as to the following provisions relevant to the Property:

A-                In the event that the Center for Arts in Natick, Inc. grants a mortgage to an institutional lender, then, in such event, the Town of Natick shall have a right to reacquire such Property should such property subsequently be sold by the Holder of such Mortgage.  The purchase price to be paid by the Town of Natick to reacquire the Property shall be equal to the unpaid principal, interest and outstanding foreclosure costs (which shall be paid to the Holder of such mortgage).

B-                In the event of a default under any mortgage given by the Center for Arts in Natick, Inc., the Mortgage Holder shall give the Natick Board of Selectmen one-hundred-eight (180) days written notice of its intention to institute foreclosure proceedings and shall set forth the amount of its unpaid principal, interest and costs.

C-                Upon completion of foreclosure proceedings by an institutional Holder of a mortgage, in a accordance with M.G.L. Ch 244, the Property shall be free of any right of reacquisition by the Town of Natick, and the restriction limiting the use of the premises as a center for the performing and visual arts shall no longer be in force and effect, and is terminated.

RECOMMENDATION:      By a vote of 8-2-0 (one member abstaining), The Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 17. 

Requires a two-thirds (2/3) vote of Town Meeting

This article seeks Town Meeting’s assent to modify the existing agreement between the Town and The Center for the Arts in Natick, Inc (TCAN).  In summary, the article seeks to modify our agreement’s terms and conditions regarding 1) the deed restriction on the property, 2) the conditions for the Town to reacquire the property and 3) the ability to mortgage the property. 

During preliminary review of the article’s changes to the existing agreement, town representatives – Town Administrator, Board of Selectmen chair, Finance Committee chair and Town Counsel -  met with a TCAN representative.  It was apparent that TCAN was seeking the agreement modification to acquire funding through mortgaging the 14 Summer Street property.  TCAN’s prospective lender had reasonable concerns about the agreement conditions mentioned above.  Likewise the town raised concerns regarding the lack of limitations on such mortgage(s), the town’s input or review of the lender, the elimination of conditions to reacquire the property and the total elimination of the deed restrictions.  TCAN exhibited a willingness to work with town representatives to incorporate the concerns of the Town and conditions in the motion for this article below.

The motion defines the mutually agreed to conditions, which the Finance Committee feels meet the concerns and desires of the Town and TCAN, so that TCAN may receive a mortgage and the Town’s interests are fairly preserved. 

Motion:

Move that the former Central Fire Station Property at 12 Summer Street in Natick, conveyed by the Inhabitants of the Town of Natick to the Center for Arts in Natick, Inc. by deed dated April 2, 2001 and recorded with the Middlesex South Registry of Deeds at Book 32627, Page 438 (hereinafter designated “the subject property”) shall be subject to the following restrictions:

a.)                A mortgage loan, which is secured by a mortgage on the subject property, may be obtained only from an institutional lender approved in advance by the Natick Board of Selectmen.

b.)                The limit of debt that is secured by a mortgage or mortgages on the subject property shall not exceed the aggregate principal amount of seven hundred fifty thousand dollars ($750,000.00) at any time.

c.)                In the event of a default under any mortgage loan which is secured by a mortgage on the subject property, the mortgage holder shall give to the Natick Board of Selectmen one hundred eighty (180) days’ prior written notice of its intention to institute foreclosure proceedings and shall set forth the amount of its unpaid principal, interest and taxes.

d.)                In the event that the holder of a mortgage regarding the subject property institutes foreclosure proceedings, the Town of Natick shall have the right of first refusal to reacquire such property.  In the event the purchase price to be paid by the Town of Natick shall be equal to the unpaid principal, interest accrued to date and outstanding foreclosure costs regarding such mortgage loan, and shall be paid to the holder of such mortgage.

e.)                Upon completion of foreclosure proceedings in accordance with applicable law by a holder of a mortgage on the subject property, if the Town of Natick does not exercise its right of first refusal:

1.)    the subject property shall be free from any right of reacquisition by the Town of Natick;

2.)    the restriction limiting the use of the subject property as a visual and performing arts center shall no longer be in force and effect, and shall be terminated; and

3.)    if the proceeds of such foreclosure proceeding exceed the unpaid principal, interest accrued to date and outstanding foreclosure costs, any such excess sum shall be paid by the holder of the mortgage to the Town of Natick, up to a limit of two hundred sixty seven thousand dollars ($267,000.00).

            A certificate of this vote by the Town Clerk of the Town of Natick that is recorded with the Middlesex South Registry of Deeds shall run with the land and shall be conclusive evidence of said vote.

ARTICLE 18

(Board of Selectmen)

To see if the Town will vote to authorize the Board of Selectmen to accept a grant of an easement from the Center for Arts in Natick, Inc. regarding the former Central Fire Station building at 12 Summer Street in Natick.  Said easement would provide that no alterations or improvements will be constructed, added or maintained on the east side of said building without the prior written approval of the Natick Board of Selectmen; or otherwise act thereon.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 18. 

This article seeks Town Meeting’s ascent to authorize the Board of Selectmen to accept a grant of an easement from the Center for Arts in Natick, Inc.  Provisions of the easement are stated within the text of the article.  

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 19

(Board of Selectmen)

To see if the Town will vote, pursuant to Chapter 40, Section 4A of the Massachusetts General Laws, or any other applicable law, to authorize the Board of Selectmen to enter into an agreement with the Town of Wellesley which would allow certain residential properties located in the Town of Wellesley in the area of River Street, Schaller Street and Washington Street to connect to the Natick sewer system; to determine the length of the term of such agreement and what other conditions shall apply, including without limitation financial safeguards for the parties and the maximum financial liability of the parties; or otherwise act thereon.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 19. 

This article seeks Town Meeting’s assent to authorize the Board to enter into an agreement with Wellesley that would allow for Wellesley residents residing on those streets listed in the text of the article to receive sewer connections and service from Natick.  This article also provides the Board of Selectmen with the authority to negotiate an agreement, which shall include, but not be limited to the criteria listed within the text of the article. The Finance Committee concurs with the Town Administration that this article would be beneficial to residents on the streets listed in the article and provide adequate authority and criteria to protect the parties affected by any agreement relative to the subject matter of this article.  We want to point out that Article 20 below is a companion article and should also warrant Town Meeting’s assent, should Article 19 be accepted by Town Meeting.

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 20

(Board of Selectmen)

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation which would provide that a) notwithstanding the provisions of Chapter 40, Section 4A of the Massachusetts General Laws or any other general law or special law to the contrary the Town of Natick is authorized to enter into an agreement with the Town of Wellesley for a term in excess of twenty-five years, which agreement would allow certain residential properties in the Town of Wellesley in the area of River Street, Schaller Street and Washington Street to connect to and use the Natick sewer system; and/or b) the Town of Natick is authorized to impose a lien upon property in the Town of Wellesley which connects to the Town of Natick sewer system pursuant to such an agreement, which lien shall be for unpaid fees and charges regarding connection to or use of the Town of Natick sewer system;

Provided, however, that the General Court may reasonably vary the form and substance of the requested legislation within the general public objectives of the petition; or otherwise act thereon.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 20. 

As mentioned above, Article 20 is a companion article to Article 19.   This article seeks Town Meeting’s assent to authorize the Board of Selectmen to petition the Massachusetts Legislature for special legislation to permit the agreement between the Towns of Natick and Wellesley.  Upon approval, it also will permit the Town of Natick to levy liens on property within the Town of Wellesley for unpaid sewer charges, which are the responsibility of Wellesley residents served by Natick sewer in certain streets listed within the text of this article.  Town Meeting’s assent to the terms and conditions of this article should be contingent upon the affirmative passage of Article 19 above.

Motion:

A Motion will be available before the commencement of 2002 Fall Town Meeting (10/15/02).

ARTICLE 21

(Police Chief)

To see if the Town will vote to amend the town by-laws by adding an article 53 to the police regulations to prohibit the use of certain types of conveyances on all public sidewalks, parking areas, and public buildings in a designated area of the downtown business district, or otherwise act thereon.

In order to preserve and protect the public and public properties, no person shall coast, ride upon, or otherwise operate any motorized or non-motorized conveyance including, but not limited to, scooters, skateboards, roller skates, and roller blades upon any public building, stairs or grounds of a public building, sidewalk, public parking area, and any pedestrian easement within the below delineated downtown business district.

Wheelchairs, walking aids, motorized or self-propelled vehicles intended to aid the disabled, strollers, carriages, or similar devices used to transport infants or young children are exempt from the provisions of this by-law.

For purposes of this By-Law the downtown business district will be that area encompassed by a line drawn from the intersection of Cochituate Street and North Main Street, southerly on North Main Street to North Avenue; Easterly on North Avenue to Franklin Street, also including northerly on Walnut to Allen Court and northerly on Washington Street for 250 feet. The area continues south on Washington Street to South Avenue; easterly on South Avenue to Mulligan Street; southerly on Mulligan Street to Wilson Street; southerly on Wilson Street to Sherman Street; westerly on Sherman Street to East Street; westerly on East Street to South Main Street; northerly on South Main Street to Pond Street; westerly on Pond Street to Palmer Avenue; northerly on Palmer Avenue to West Central Street; easterly on West Central Street to Spring Street; northerly on Spring Street to Cochituate Street, and easterly on Cochituate Street to North Main Street.

Any person violating the provisions of this by-law may be assessed a fine not to exceed fifty dollars and/or impoundment of the violating conveyance.

RECOMMENDATION:      The Finance Committee has no recommendation with regard to the subject matter of Article 21. 

The purpose of this article is to add the proposed by-law to the Natick By-laws.  Such addition will condition the use of scooters, skateboards, roller skates and roller blades in the downtown business district.  In addition, the proposed by-law sets a fine of not more than fifty dollars ($50.00) or loss of said conveyance. 

The Finance Committee was presented a modified version of the proposed article.  However, during debate there seemed to be a couple of primary concerns with such.  First, the proposed modification included town-owned buildings under the control and management of the School Committee.  To that end, there was concern whether the by-law would conflict with any rules or regulations that the School Committee may now have in place or may promulgate in the future for these types of recreational conveyances. 

Second, there was concern that the proposed modification would add another layer of laws to protect public property, where there are already sufficient laws protecting public property.

In any event, the Finance Committee was unable to garner a vote of eight (8) or more members in the affirmative.  Therefore, we cannot provide a recommendation to Town Meeting, based on the information gathered during the public hearing(s). 

For more on Article 21, see Finance Committee Supplemental Recommendations

ARTICLE 22

(Planning Board)

To see if the Town will vote to amend the Natick Zoning By-Laws as follows, or otherwise act thereon.

Insert a new Section III-5.F after last paragraph of Section III-4.F to read as follows:

      III-5. F   COMPREHENSIVE CLUSTER DEVELOPMENT OPTION 

1.         PURPOSE AND INTENT:

            The Comprehensive Cluster Development (CCD) option is designed to help the Town maximize available land for open space, increase the amount of affordable housing, encourage the creation of handicapped accessible housing and provide both age-qualified housing and conventional housing while preserving Natick’s New England character.

This development alternative permits a more economical and efficient use of residential land than may be accomplished through standard subdivision development by: protecting the existing character of the landscape; introducing diversity into residential developments; and preserving for the Town more open space for water supply, wetland, and other natural habitat, conservation, and recreation.  In addition, it reduces the typical costs of providing municipal services to residential developments. Such objectives may be obtained as an alternative or optional choice by a landowner in the RSB residential districts. 

Applicants can benefit from choosing this option because they are able to increase the density of their development over other available options in the RSB districts.

2.         APPLICABILITY 

The Planning Board may grant a Site Plan Approval in accordance with Section VI-DD and VI-EE of these by-laws for the construction and occupancy of a CCD located in the RS-B District, provided that the gross land area of the parcel is at least forty (40) acres.  The applicant must either own or submit authorization in writing to act for all the owners to the lots comprising the parcel.

3.   PERMITTED AND ALLOWED USES

The Planning Board, acting as a Special Permit Granting Authority as hereinafter provided, may grant a special permit pursuant to the provisions of the By-Law and M.G.L. Chapter 40A for the following uses:

a.   Town Houses provided that the total number of Town House units does not amount to more than thirty-five (35) percent of the total number of units in the entire CCD pursuant to Section III-2A.F.7and provided further that the number of Town Houses and zero-lot-line single family homes combined does not exceed fifty (50) percent of the total number of dwelling units allowable in the entire CCD.

b.  Zero-lot-line single family homes, provided that the total number of single family homes so attached plus the total number of Town House units does not amount to more than fifty (50) percent of the total number of dwelling units allowable in the entire CCD.

c.   Outdoor tennis courts, outdoor swimming pools and other non-commercial outdoor recreational facilities intended for use by residents of the CCD only, including accessory structures necessary for appropriate use and non-commercial operation of such outdoor recreational facilities.

d.   Commercial recreation facilities including eating facilities not exceeding 100 seat capacity for members and guests provided it is included within the overall development plan and the building housing the facilities does not exceed 20,000 square feet gross floor area and a maximum height of twenty-eight (28) feet and the Planning Board determines that its operations will not be detrimental or injurious to adjacent residential uses or the value of adjacent properties.  In addition, the entire commercial recreational facility including parking, tennis courts, swimming pools and associated required landscaped buffers shall cover no more than 4 acres of land.  This land shall be excluded from “net usable land area” for the purposes of calculating the permissible number of housing units.

e.  The CCD shall be comprised of between 25% and 55% age-qualified housing units.  The age-qualified housing units shall be located within well-defined area(s), separated from the conventional housing units and distinguishable as a community of dwelling units specifically intended for people 55 and older. 

4.      PROCEDURES:

The procedures to be followed in obtaining approval for the CCD are:

a.   Pre-Application Review:  To promote better communication and to avoid misunderstanding, the applicant is encouraged, prior to preparation of a formal application, to meet with the Planning Board and Planning Director for general discussion, using the soil survey, drainage, topographic and other data available from the Town. 

b.   Formal Application:  The applicant for a CCD shall submit to the Planning Board a formal application for a Site Plan Approval, which includes an Overall Development Plan, and is otherwise in compliance with Rules and Regulations especially established by the Planning Board relative thereto.  The application shall be filed in the name of the record owner (s) of the parcel (s) to be developed.  Date of application shall be the date when filing is made with the Planning Board.

c.   Further Procedures:  The hearing and further proceedings regarding the application shall be in accordance with M.G.L.  Chapter 40A.  The Planning Board may adopt Rules and Regulations for the proceedings under Section III. 3. F., so far as apt, in accordance with M.G.L. Chapter 41, Section 81Q; and may waive strict compliance therewith, so far as apt, in accordance with 41 M.G.L. 81R.

5.        CRITERIA:

Approval of the application for a Site Plan Approval to allow the construction of a CCD shall be granted only upon Planning Board determination that the plan is superior to a conventional subdivision plan.

a.   The following criteria shall be used to make the determination as to whether or not the plan is superior:

i.        The preservation and public accessibility of open space for conservation or recreation;

ii.      The protection of significant large contiguous areas of natural features of the land; which would avoid the extensive topographic change necessitating vegetation and tree removal or earth removal;

iii.     The protection of historical or other significant features;

iv.    More efficient provision of street, utilities and other public services; and

v.      The provision of a diversity of dwelling unit styles, sizes, and architectural elements.

b.   Specific means of achieving these objectives include:

i.        Avoidance of frequent driveway openings onto through streets, or near street intersections;

ii.      Avoidance of extensive topographic change necessitating vegetation, earth and/or tree removal;

iii.     Preservation of scenic views from public ways;

iv.    Preservation of natural landscapes in large contiguous areas and corridors, which are visible from roadways and residences, enhancing the likelihood of the continuation of existing ecosystems and providing an interconnection to adjoining open spaces for both wildlife and the public;

v.      Accessibility of the Preserved Open Space to substantially all of the dwelling units and the public;

vi.    Variations in lot sizes, building styles, building sizes and building arrangements; and

vii.   Use of Preserved Open Space - to protect significant natural environment such as but not limited to ground water recharge areas; wetlands that provide flood protection; stream valleys; outstanding vegetation; woodland; field and wetland habitat; or scenic spots; and - to avoid development on geologically unsuitable land.

6.     NUMBER OF DWELLING UNITS:

The maximum number of dwelling units allowed in a CCD shall equal the "Net Usable Land Area" within the parcel divided by 20,000 square feet, then rounded to the nearest whole number.  As used herein, "Net Usable Land Area: shall mean eighty percent (80%) of the resultant area obtained by subtracting one hundred percent (100%) of the land area lying below the one hundred (100) year flood elevation as delineated on the Townwide Drainage Study maps and fifty percent (50%) of the wetland resource area (as either shown on the Town’s latest wetland maps or as delineated by a qualified wetland scientist upon inspection) which is shown outside the limits of the one hundred (100) year flood elevation from the gross land area of parcel or portion thereof classified within a single zoning district.  Furthermore, if the overall development plan includes a commercial recreational facility, all the land area dedicated to that facility shall be deducted from the “net usable land area” for the purpose of calculating the maximum number of dwelling units.

7.     INTENSITY REGULATIONS

a.                Detached Single -family structures shall be on lots having the following requirements:

                                             i.Minimum lot area ----------------- 10,000 square feet

                                           ii.Continuous frontage ---------  ---- minimum of 80 feet

                                          iii.Minimum depth ------------------- 100 feet

                                         iv.Minimum setback, front --------- 25 feet with garage

                                           v.Minimum setback, front --------- 20 feet w/garage set back 25’

                                         vi.Minimum sideyard setback ---- 10 feet

                                        vii.Minimum rearyard setback ----- 20 feet

                                      viii.Maximum building coverage --- 25%

                                         ix.Maximum building height ------- 1-1/2 stories or 28 feet

b. “Zero-lot-line” single family homes shall mean the joining of two dwelling units together at a common property line by reducing the normal required side yard on each lot and there attaching the units by a party (common) wall located on the property line.  No more than two units may be joined at a single property line, and no more than three units may be so attached in a row.  Town Houses may be divided into zero-lot-line single family houses as defined herein provided that each lot resulting from the division has at least fifty (50) feet of frontage and meets the minimum lot area requirement in Section III-2A.F.7. for single family homes, and the unattached sides of such units meet the side yard setbacks otherwise required under this section.

c.   Town Houses shall be built on a lot meeting the minimum requirements of the RM District as set forth in Section IV-B of the By-Laws and footnotes (d) thereto.  However, no more than three (3) dwelling units shall be physically attached and no more than nine (9) on any one RM lot.  No Town House within the Overall Development Plan shall contain more than three (3) dwelling units.  Furthermore, the lot lines of each lot containing Townhouses in the Overall Development Plan shall be separated from the lot lines of any other lot maintaining Town Houses by at least fifty feet (50').

8.     Exceptions to the otherwise applicable Intensity Regulations

        a.    No building or parking shall be located within 100 feet of the boundaries of the Overall Development Plan unless the Planning Board determines that a lesser setback would be sufficient to visually screen or separate the development from adjacent property.  The minimum setback shall be at least fifty (50) feet.

         b.   No construction shall take place within the one hundred (100) year flood elevation except in               conformity with the requirements of Chapter 131, Section 40, and procedures established by the Town for such areas pursuant to the National Flood Insurance Program (42 USC 4001-4128) and the regulations of the Secretary of Housing and Urban Development issued thereunder.

          c.   Outdoor recreational facilities intended for use by residents of more than one dwelling unit shall be located on a separate lot containing no dwelling units. 

9.        AGE-QUALIFIED UNITS

The age-qualified units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document that shall be recorded at the Registry of Deeds or the Land Court.  The age restriction shall require at least one occupant in each age-qualified unit to be age 55; provide for reasonable, time-limited guest visitation rights; and authorize special exceptions as the Planning Board shall further define and specify in its special permit.  The age restriction shall run with the land in perpetuity and shall be enforceable by any or all of the owners of dwelling units in the senior residence development.

10.      AFFORDABILITY

It is mandatory that a percentage of dwelling units in a CCD be sold, rented, or leased at prices and rates that are affordable to low- and moderate-income individuals, as more specifically set forth in the following:

a.       Affordable Unit defined – The term affordable unit as used in this section shall refer to dwelling units, which are restricted to sale, lease or rental (1) to individuals within specific income and asset limitations, and (2) at specific price limits, both in accordance with provisions set forth in any State or Federal rental assistance programs, subsidy programs for reducing mortgage payments, or other programs that provide for affordable housing for low and moderate income individuals, and that are in effect at the time that the project application is made to the Planning Board.  Such housing units shall be provided for sale through the Natick Housing Corporation or any successor organization.

b.      Basic Affordability Component – At least 10% of the Age-Qualified Units in a CCD for Age Qualified and at least 10% of the conventional units in the CCD, rounded to the next integer, shall be affordable units.  A fractional unit of .5 or more shall be regarded as a whole unit.

c.       Affordability Standards – Subject to Planning Board approval, an applicant for a CCD special permit may utilize an available State or Federal assistance program or choose to meet the affordable unit requirements by utilizing income and asset standards, and by establishing rents, leases, sales prices, entry fees, condominium fees, and other costs for individuals that are generally consistent with available affordable housing assistance programs.

d.      Affordability Restrictions – affordable units shall be maintained as such for the life of the CCD development.  Each affordable unit shall be rented or sold to its initial and all subsequent buyers or tenants subject to deed riders, restrictive covenants, contractual agreements, or other mechanisms restricting the use and occupancy, rent levels, sales prices, resale prices, and other cost factors to assure their long term affordability.  These restrictions shall be in force for such maximum time as may be permitted under applicable state law governing such restrictions.  They shall be enforceable and renewable by the Town of Natick through standard procedures provided by applicable law.

i.         The Planning Board may require that the restrictions for affordable units contain a right of first refusal to the Town of Natick through the Board of Selectmen or its designee at the restricted resale value, and that the owner provides notice of such right of first refusal to the Town of Natick or its designee prior to selling or reselling the affordable unit with such reasonable time as the Planning Board may determine in its discretion for the town or its designee to exercise the right of first refusal.

ii.        Nothing in this Section shall be construed to cause eviction of an owner or tenant of an affordable unit due to loss of his/her income eligibility status during the time of ownership or tenancy.  Rather, the restrictions governing an affordable unit shall be enforced upon resale, re-rental, or re-lease of the affordable unit.  The mechanisms and remedies to enforce the restrictions governing an affordable unit upon resale, re-rental, or re-lease shall be set forth in its deed restrictions.

iii.      All contractual agreements with the Town of Natick and other documents necessary to insure the long term affordability of an affordable unit shall be executed prior to the issuance of any building permit for it.

e.       Locations and compatibility of affordable units shall be dispersed throughout the development to insure a true mix of market-rate and affordable units.  The exterior of the affordable units shall be compatible with, and as much as possible indistinguishable from, market-rate dwelling units in the CCD development.  Internal design features of the affordable units shall be substantially the same as those of market-rate dwelling units.

f.        Local Preference – Unless otherwise regulated by an applicable Federal or State agency under a financing or other subsidy program, at least fifty percent (50%) of the affordable units shall be initially offered to residents and employees of the Town of Natick.

                                                               i.      Residency and employment in Natick shall be established through Town Clerk certification based on the Town Census, voter registration, or other acceptable evidence.

                                                             ii.      Purchaser/tenant selection – Procedures for the selection of purchasers and/or tenants shall be subject to approval by the Town of Natick or its designee.

                                                            iii.      These restrictions shall be in force for 120 days from the date of the first offering of sale or rental of a particular affordable unit.  The developer of the CCD shall make a diligent effort to locate eligible purchasers or renters for the affordable unit who meet the local preference criteria and the applicable income requirements or enter into a cooperative agreement with the Town of Natick.

11.            BUILDING DESIGN CRITERIA

All buildings and structures shall be designed, located and constructed to afford the following:

a.   Compatibility of architectural styles, scales, building materials and colors within the development;

b.      Variations in façade, roof lines and interior layouts of dwelling units, including the design of units that are handicapped accessible;

c.       Harmonious relationship of buildings and structures to each other and their environs with adequate light, air, circulation, privacy and separation; and

d.      The capability for constant surveillance, orientation and recognition; to this end, and in lieu of providing conventional street lighting, individual building lot front yards and other areas along roadways not fronting building lots and approaches to common-use buildings and structures, shall be provided with architecturally compatible street-level-type lamp post lighting necessary to provide safety, security and visual indications, as determined by the Planning Board.

12.       PRESERVED OPEN SPACE

In Comprehensive Cluster Developments, it is desired to create an environment in which large tracts of contiguous land are preserved for publicly accessible open space. Preserved open space must include at least twenty percent (20 %) of the frontage on the roads servicing the CCD.  A portion of the preserved open space may be used as a common surrounded by a one-way road, in which event all of the road abutting such common will be counted as frontage for the purpose of fulfilling the foregoing requirement.  The preserved open space shall comprise not less than fifty (50 percent) percent of the total land area of the parcel for which there is an Overall Development Plan but will not include right of way for roads, detached single-family lots, zero lot line family lots, townhouse lots, RM lots, other land which is under an existing conservation restriction or agricultural protection restriction, or Country Club or other facilities allowed under the CCD, unless otherwise stated.  At least eighty percent (80%) of the dwelling units shall abut or be within five hundred (500') feet of the Preserved Open Space and all dwelling units shall have access via a public way or easement to such Preserved Open Space.  At least fifty percent (50%) of the Preserved Open Space shall not be primary zone wetlands or land within the 100-year flood elevation both as shown on the Townwide Drainage study maps or as delineated by a qualified wetland scientist unless a higher percentage is specifically approved by the Planning Board.  All the Preserved Open Space shall be accessible to the general public and all of it shall be conveyed to and accepted by the Town of Natick under a Conservation Restriction pursuant to Article 97 Protection and to MGL Chapter 184 Conservation Restrictions, as amended.  The Special Permit authorizing the CCD shall further provide that the Preserved Open Space shall be:

a.       Conveyed to and accepted by the Town of Natick under a conservation restriction pursuant to M.G.L. Chapter 184, as amended;

b.      Conveyed to a non-profit organization, the principal purpose of

       which is the conservation of open space; or

c.       Conveyed to the owners of all the lots within the Overall Development Plan as tenants in common, provided that title to such open space and to the lots is not separately alienable; or

d.      Conveyed to a corporation or trust owned or to be owned, by the owners of the lots or residential units within the Overall Development Plan for recreation or conservation purposes, with each lot subject to a proportionate charge for its share of the reasonable and appropriate maintenance expenses.

e.       If method (b), (c), or (d) is elected, in addition, the Town shall be granted an easement or restriction over such parcel sufficient to ensure such parcel’s perpetual reservation for conservation, recreation or park land; and in the event the Town is required to expend funds for the reasonable and appropriate maintenance expenses of the Preserved Open Space, then each lot in the Overall Development Plan shall be subject to a proportionate charge for its share of such expenses.  No more than one method shall be elected for the Preserved Open Space within any Overall Development Plan, unless the Planning Board shall otherwise approve.

RECOMMENDATION:      By a vote of 12-0-0, the Finance Committee recommends REFERRAL TO THE PLANNING BOARD with regard to the subject matter of Article 22. 

This article seeks to add to the Natick Zoning By-laws a new clustered development bylaw option providing to builders certain land use parameters for lots of forty acres or more.  This suggested by-law includes provisions regarding open space, age qualified villages, affordable housing, among other things.  The Finance Committee heard testimony from the public, and  members of boards and committees.  The Finance Committee understands that the Planning Board is still debating the specifics of a number of provisions and criteria in this proposed zoning by-law.  Given that the Planning Board remains unfinished in its debate, the Finance Committee concurs with the Planning Board’s suggestion to refer the subject matter of this article to the Planning Board for further review.

Motion:

Move that the subject matter of Article 22 be referred to the Natick Planning Board.

ARTICLE 23

(Town Moderator)

To hear and act upon the reports of any committees established by vote of Town Meeting and to take any action relative to such committees, including the appropriation of funds.

RECOMMENDATION:      By a vote of 12-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 23.

The purpose of this article is to hear and/or act upon reports of any committee that Town Meeting may have established.  The Finance Committee heard testimony requesting that Town Meeting dutifully acknowledge the efforts of its Age Qualified Village Zoning Advisory Committee, provide for response from the committee and thank them for their service before disbanding said committee.

Motion:          

Move to thank the members of the Age-Qualified Village Zoning Advisory Committee for their service and discharge the committee.

ARTICLE 24

Redistricting and Filing Papers Conform to Election Laws

(Charter and By-Law Review Committee)

To see if the Town will vote to approve an amendment to the Natick Home Rule Charter for submittal to the voters in order to update language in the Charter to conform to current practice that follows the election laws of the Commonwealth.

1. In Article 2, in Section 2-3:

1a. Replace the first paragraph with the following new paragraph:

            The board of selectmen shall divide the town into convenient voting precincts in accordance with Sections 6, 7, and 8 of Chapter 54 of the General Laws.

1b. Add, at the end of the second paragraph, the following sentence:

Any such revision shall be carried out in accordance with the timeline described in said Section 6 of Chapter 54 of the General Laws.

1c. Delete the third paragraph.

2. In Article 2, in Section 2-4 (b), change the words “twenty-eight days” to read “thirty-five days.”

3. In Article 3, in Section 3-1 (d) (4), change the words “twenty-first day” to read “thirty-fifth day.”

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 24.

                                                                        Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose

Update language in the Natick Home Rule Charter (hereafter “Charter”) to conform to current practice that follows the election laws of the Commonwealth.

Rationale

Natick has to follow the election laws on redistricting as established by the Commonwealth in the 1990s.  In addition, Natick has to follow Commonwealth requirements on filing dates before elections, as established in 1989 by the Commonwealth.

The preferred method of effecting this change was to reference the appropriate sections of the Massachusetts General Laws, rather than restating the changed procedures in the Charter using language of the General Laws.

To reduce confusion concerning dates for filing paperwork by candidates seeking election, the Charter and Bylaw Review Committee (the Review Committee, or CBRC) suggests – in Warrant Article 26 – that copies of a calendar indicating such dates should be made available to interested parties.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Natick Home Rule Charter (hereafter “Charter”).  Please refer to Appendix A, Page 5 for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

1) The “procedure set forth in the Charter is legal [and] the first amendment proposed by Article 24 is a matter for the legislative judgment of town meeting.”  2) the “provision of Article 2, Section 2-3 of the Charter is legal, [and] the second amendment proposed by Article 24 is a matter for the legislative judgment of town meeting.”  3) “The Charter provisions are legal, [and][i]n my opinion the third amendment proposed by Article 24, Section 2-3 of the warrant is a matter for the legislative judgment of the town meeting.” 4) “The Charter provisions are legal, [and][i]n my opinion the fourth amendment proposed by Article 24 is a matter for the legislative judgment of the town meeting.” And, 5) “The Charter provisions are legal, [and][i]n my opinion the fifth amendment proposed by Article 24 is a matter for the legislative judgment of the town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 10 through 14 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Motion:

Move to approve the amendment of Articles 2 and 3 of the Natick Home Rule Charter as stated in the warrant article, but with the following change:

In Item 1a, in the new paragraph, after the words "in accordance with", insert the phrase:

, but not limited to,

ARTICLE  25

Publication of Warrant for Town Election

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 1 of the Town of Natick By-Laws in order to update language in the By-Laws to conform with current practice for publication of warrants.

1. In Section 4, before the first sentence, add two sentences to read as follows:

The warrant for the town election or preliminary election shall be posted at least seven days before the date of the election. The warrant for any other Town Meeting shall be posted in accordance with Section 2-11 (d) of the Charter.

2. In Section 4, delete the last two sentences.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 25.

                                                                        Requires a majority vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose

Update language in the By-Laws to conform with current practice for publication of warrants.

Rationale

The requirement for publishing the warrant for the Town elections is being updated in the Bylaws to reflect the minimum notification period as mandated by the Massachusetts General Laws.

The requirement for the Board of Selectmen to notify the Town Clerk annually of what newspapers circulate in the Town should be removed, as the Board of Selectmen no longer carries out this action.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Natick By-laws.  Please refer to Appendix A, Page 7 for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

1) “In my opinion the first amendment proposed by Article 25 presents no legal impediments.  It is a matter for the legislative judgment of town meeting.” and 2) “[i]n my opinion the second amendment proposed by Article 25 of the warrant presents no legal impediments,  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 14 through 16 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Motion: 

Move to amend Article 1 of the Town of Natick By-Laws as stated in the warrant article, but with the following change:

In Item 1, in the first added sentence, change the word "seven" to the word "fourteen".

ARTICLE 26

Out-of-Town Officials; Announcing Appointments; Calendar Availability

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 11 of the Town of Natick By-Laws in order to (1) change the method of announcing appointments to fill Town Meeting vacancies; (2) address the issue of elective officers who move out of town; and (3) describe a political calendar that can be obtained at the office of the Town Clerk.

1. In Section 9, change the phrase "shall issue a news release to the media" to "shall post a notice on the Town bulletin board".

2. Renumber Sections 8, 9, and 10 as Sections 9, 10, and 11, respectively.

3. Add a new Section 8 to read as follows:

Section 8               Notice of Removal of Residence of Elected Town Officer

            An elected Town officer who removes from the Town and no longer maintains a residence in the Town or who becomes a registered voter elsewhere shall resign in accordance with Section 109 of Chapter 41 of the General Laws. If the Town Clerk receives a notice in writing that an elected Town officer, but not including a Town Meeting member, has removed from the Town or has registered elsewhere, the Town Clerk shall notify the elected Town officer in writing of the eligibility requirement for elective Town office as specified in Section 3-1 (b) of the Charter and of the resignation requirement as specified in said Section 109.

4. Add a new Section 12, to read as follows:

Section 12             Political Calendar

            The Town Clerk shall prepare a political calendar for the year showing all elections and Town Meeting dates, including all associated filing dates. The Town Clerk shall make the calendar available by December 1 of the preceding year and shall prepare a revised version whenever new dates are established or any information changes. Copies of the calendar shall be available at the office of the Town Clerk upon request.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 26.

                                                                        Requires a majority vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

(1)   Address the issue of elective officers who move out of town;

(2)   Change the method of announcing appointments to fill Town Meeting vacancies; and

(3)   Describe a political calendar that can be obtained at the office of the Town Clerk.

Rationale

Out-of-Town Officials

There has been a question of how Natick should handle occasions when an elected Town officer no longer maintains a residence in Natick, and/or becomes a registered voter elsewhere, but does not resign his or her office. This by-law change provides a simple process for Town Clerk to remind the elected officer of eligibility requirements, in hopes that the officer will comply with the requirements.

Note that this proposed change DOES NOT affect Town Meeting members, who are treated somewhat differently. An existing by-law regarding Town Meeting members authorizes the Town Clerk to verify the vacancy and to fill it.

Announcing Vacancy Appointments to Town Meeting

The current method of informing the public of appointments to fill Town Meeting (TM) vacancies by making a news release available to the media has not been effective, as the media, given a choice, advances items of controversy, rather than these sorts of announcements.  Placing a notice on the Town bulletin board meets the need for public announcement without relying on outside 3^rd parties.  Please note that the by-law is not concerned with announcing who are elected as Town Meeting members at the Town election, but ONLY with announcing who are appointed to fill vacancies as they occur from time to time throughout the year.

Calendar

The Town Clerk already prepares a political calendar. This by-law is primarily intended to inform voters that it is available and copies can be obtained. Candidates, especially, will be relieved of trying to decipher the various sections of the General Laws to understand the correct filing dates.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Natick By-laws.  Please refer to Appendix A, Page 9 for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion Article 26 of the warrant presents no legal impediments.  The proposed amendments are a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 16 through 17 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Motion:

Move to amend Article 11 of the Town of Natick By-Laws as stated in the warrant article.

ARTICLE 27

More Candidates Before Preliminary Election Is Triggered

(Charter and By-Law Review Committee)

To see if the Town will vote to modify its procedures for conducting preliminary elections so that (1) more candidates may run for an office without thereby requiring a preliminary election; (2) the expense of conducting low-turnout preliminary elections may be avoided; (3) the threshold to trigger a preliminary election for an office is raised to allow two more candidates than is currently the case; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

1. In Section 3-1 (d), reorder and renumber the subsections (5), (6), and (7) so that new subsection (5) is old subsection (7), new subsection (6) is old subsection (5), new subsection (7) is old subsection (6).

2. In the new subsection (5), replace the first sentence with the following:

After the certified nomination papers of the candidates have been filed with the town clerk, a threshold is calculated for each office to determine whether the preliminary election is necessary.

The threshold is the sum of two plus twice the number of persons to be elected. If the number of candidates for an office does not exceed the threshold, all candidates shall be nominated for the office and their names shall be printed on the ballot for that office at the succeeding regular or special election, as the case may be, and the town clerk shall not print their names on the ballot to be used at the preliminary election, and no other nomination to the office shall be made.

RECOMMENDATION:      By a vote of 11-4-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 27.

                                                                        Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Modify procedures for conducting preliminary elections so that (1) more candidates may run for an office without thereby requiring a preliminary election; (2) the expense of conducting low-turnout preliminary elections may be avoided; (3) the threshold to trigger a preliminary election for an office is raised to allow two more candidates than is currently the case.

Rationale

A new uniform threshold for conducting preliminary elections is being recommended.

In simple terms, when compared to the current threshold, two more candidates can file for an office without triggering a preliminary election. 

This new uniform threshold is based on input from various interested parties, and is a modification from the threshold calculations proposed in the fall of 2001.

The use of a preliminary election is retained as a safeguard in the rare situation when an unusually large number of candidates run for an office.

Based on the history of elections in Natick over the past twenty years, most preliminary elections would have been eliminated if the proposed threshold had been in place. With the new threshold, preliminary elections to whittle down just one or two candidates will not occur.

More research has been conducted about the practices in other Towns similar to Natick.  For example, Wellesley, Needham, Brookline, Dedham, and Concord do not have preliminary elections.  Framingham does and, indeed, held a preliminary election in 2002. Some towns hold caucuses (e.g., Concord, nonpartisan; Hopkinton, partisan) to encourage candidates to run for office, but not to cut down the number of candidates.

When preliminary elections are held now, voter turnout is often less than 10%.  Elimination of most preliminary elections in Natick would have limited impact on the current situation in which relatively few voters decide the outcome of elections because of this low voter turnout. However, the cost of preliminary elections is significant, and their elimination results in an obvious savings in tax dollars.

Also, this modification may remove a barrier to entry by interested candidates.  Recently, there has been a general feeling that people should rethink becoming candidates for office if their candidacy would trigger the holding of a preliminary election. If preliminary elections are eliminated, there will be less of an obstacle to potential candidates interested in providing civic duties by serving in local government.

Preliminary elections may also be discouraging experiences for candidates who spend considerable energy to engage voters, only to encounter low voter interest, and lackluster media interest. 

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Natick Home Rule Charter (hereafter “Charter”).  Please refer to Appendix A, Page 11 for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion Article 27 of the warrant presents no legal impediments.  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 18 through 19 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to approve the amendment of Article 3 of the Natick Home Rule Charter as stated in the warrant article.

ARTICLE 28

Recall After Election Not Prohibited

(Charter and By-Law Review Committee)

To see if the Town will vote to allow recall of elected officials within six months after an election; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

In Section 3-1 (h) (7), rewrite the sentence to read as follows:

In the case of an officer subjected to a recall election and not recalled thereby, no repeat of the recall petition may be filed until at least six months after the election at which the recall was submitted to the voters.

RECOMMENDATION:      By a vote of 10-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 28.

                                                                        Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Allow recall of elected officials within six months after an election.

Rationale

It is possible for a person to get elected to office and be relatively unknown. A person can be elected based on write-in votes, and only later do the voters discover more information about the new official, that would cause them to rethink their choice. For whatever reason, the voters should be able to recall an official when it is discovered that there are grounds for a recall. A requirement to wait until six months after the election seems to be misplaced in this section of the Charter that deals with recall.

There is good reason to continue the prohibition of a subsequent recall attempt until six months after a previous recall attempt. When the first recall is held, there is sufficient opportunity to focus on the character of the official subject to the recall. If the voters' support of the official is sustained, there ought to be some period of time before the minority who lost can try again.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Natick Home Rule Charter (hereafter “Charter”).  Please refer to Appendix A, Page 13 for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion the amendment proposed by Article 28 presents no legal impediments.  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, page 19 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Motion:

Move to approve the amendment of Article 3 of the Natick Home Rule Charter as stated in the warrant article.

ARTICLE 29

Fiscal Procedures

(Charter and By-Law Review Committee)

To see if the Town will vote to approve amendments to Articles 4 and 5 of the Natick Home Rule Charter for submittal to the voters in order to support the budget process currently in effect.

1. In Section 5-3, replace the second, third, and fourth sentences with the following sentences:

He shall, simultaneously, post a notice about the locations of (1) the complete proposed budget, with accompanying budget message and supporting documents, available for public examination and (2) copies of a general summary of the proposed budget available for public distribution. The general summary shall specifically indicate any major variations from the current budget and the reasons for such changes.

2. In Section 5-6, replace subsections (a) and (b) with a new subsection (a) that reads as follows:

(a)        Review - The finance committee shall forthwith, upon receipt of the proposed budget, schedule a series of public meetings to review the proposed budget. The finance committee shall consider the detailed expenditures proposed by each town agency and may confer with representatives of any town agency in connection with its review and consideration. The finance committee may require the town administrator, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review of the proposed budget.

3. In Section 5-6, replace subsection (c) with a new subsection redesignated as subsection (b) that reads as follows:

(b)        Presentation to the Representative Town Meeting - The finance committee shall file a report containing its recommendations for actions on the proposed budget within a time fixed by by-law. The proposed budget presented to town meeting for action shall be the budget recommended by the finance committee.

4. In Section 5-7, in the section title, in the first sentence, and in the second sentence, change the words “capital improvement program” to read “capital plan.”

5. In Section 5-7, in the first sentence,  change the words “at least thirty days prior to the date fixed by by-law for the submission of the proposed operating budget” to read “on dates fixed by by-law.”

6. In Section 4-2 (8), change the words “capital outlay program” to read “capital plan.”

RECOMMENDATION:      By a vote of 8-6-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 29.

                                                                        Requires a two-thirds (2/3) vote of Town Meeting.

Please Note: There is a Majority Report of the Finance Committee and a Minority Report of the Finance Committee provided herein, in accordance with the applicable laws of the Town. 

Majority Report of the Finance Committee

(Eight (8) members voting in the affirmative)

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Support the budget process currently in effect.

Rationale

The proposed changes seek to describe an approach consistent with current practice.

Providing the general summary of the proposed budget and other related information to those who want it should be the focus of efforts related to dissemination of budget materials. At the current time, publishing the general summary of the proposed budget in the newspaper is seldom adequately performed, probably because of expense.

Also, placing a notice in the newspaper about a major public hearing on the proposed budget seems to be overemphasized, whereas the reality is that the review of the budget, with appropriate input from the public, takes place over a series of multiple meetings.

The reason for suggesting terminology changes ("capital plan" in place of "capital improvement program") is simply to have an acceptable expression that includes both "capital expenditures" and "capital improvements", as those financial expressions are customarily used in the Town.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Charter.  Please refer to Appendix A, Page 15, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion the amendments proposed by Article 29 of the warrant present no legal impediments.  They are a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 19-22 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Minority Report of the Finance Committee

(Six (6) members voting in the negative, with a

seventh member executing the Minority Report)

A minority strongly disagrees with the recommendation of the Finance Committee.  The proposed article deletes a crucial power of the Finance Committee in the current Charter to amend the Town Administrator’s proposed budget.  The existing Charter in Article 5, Section 5-6 (c) provides “[w]hen the proposed budget (of the Town Administrator) is before Town Meeting for action it shall first be subject to amendment, if any, by the finance committee”.  The proposed Charter change eliminates the clear reference to this amendment power and  is not in the interest of either Town Meeting of the Town.

MOTION:

Move to approve the amendment of Articles 4 and 5 of the Natick Home Rule Charter as stated in the warrant article, but with the following change:

In Item 2, in the new subsection (a), in the first sentence, add at the end of the sentence the following words:

and shall provide for the publication in a local newspaper of a notice stating the dates, times, and places of the meetings.

For more on Article 29, see Finance Committee Supplemental Recommendations

ARTICLE 30

Dates of Submission of Fiscal Documents

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 20 of the Town of Natick By-Laws in order to set dates for submission of the capital plan consistent with current practice.

1. In Section 2, change the title to read as follows:

Section 2         Dates of Submission of Fiscal Documents

2. In Section 2, add a new second paragraph to read as follows:

            As required by Section 5-7 of the Charter, the Town Administrator shall submit updates of the capital plan on or before the first business day in March and September.

RECOMMENDATION:      By a vote of 11-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 30.

                                                                        Requires a majority vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Set dates for submission of the capital plan consistent with current practice.

Rationale

The Chairman of the Finance Committee suggested the dates for the availability of the updated capital plan. The capital plan needs to be updated twice a year before the Spring and Fall Annual Town Meetings.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of By-laws.  Please refer to Appendix A, Page 19, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion Article 30 presents no legal impediments.  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 22-23 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Motion: 

Move to amend Article 20 of the Town of Natick By-Laws as stated in the warrant article.

ARTICLE 31

Finance Committee Procedures

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 23 of the Town of Natick By-Laws in order to describe Finance Committee procedures consistent with current practice and to clarify eligibility for membership.

1. In Section 1, at the end of the first sentence, change the words:

other than Town Officers, appointed or elected.

so that the end of the first sentence now reads as follows:

other than Town officers, appointed or elected, or Town employees.

2. In Section 1, replace the third sentence that begins “Any member” with the following sentences:

Any member of said Committee who shall be appointed a Town officer or Town employee or who shall file for any elective Town office except that of Town Meeting Member shall forthwith cease to be a member of said Committee. Any member who shall remove from the Town shall forthwith cease to be a member of said Committee. However, a member of said Committee is allowed to serve on (1) any other Town committee for which the Finance Committee is designated as responsible for nominating or appointing one or more members or (2) any other Town committee established by vote of Town Meeting for the purpose of advising Town Meeting on future matters to come before Town Meeting.

3. In Section 1, after the first sentence, insert the following sentence:

However, persons designated as special municipal employees in accordance with Chapter 268A of the General Laws may be members of the Finance Committee.

4. In Section 4, at the end of the first sentence, add the following words:

and the motion to be made.

5. In Section 4, after the first sentence, insert the following sentences:

For all articles involving appropriations of operating budgets, supporting data, at the account level, comparing the recommended appropriations to appropriations or actual expenditures in previous fiscal years, shall be included in the report. If appropriations are modified later in the fiscal year, updated supporting data shall be provided in the report.

6. In Section 4, after the sentence that begins “The said recommendations,” insert the following sentence:

Notwithstanding the above provisions concerning the distribution of the report, the Committee may vote to change its recommendation and motion at any time after the report is published.

7. In Section 4, in the sentence that begins “The Committee Report,” change the words:

the approximate tax rate based on such recommendations.

so that the end of the sentence now reads as follows:

the approximate change in the amount to be raised from the tax levy as compared to the previous amount raised.

8. Change Section 6 in its entirety so that it reads as follows.

Section 6               Budget Requests, Supporting Data

            All Town boards, officers, and committees making requests for the appropriation of funds shall provide to the Finance Committee supporting data, at the account level, comparing the requested appropriations to appropriations or actual expenditures in previous fiscal years. They shall also provide estimates of all probable items of income which may be received in the upcoming fiscal year along with comparable data from previous fiscal years. They shall provide explanatory statements highlighting the reasons for changes from previous years.

RECOMMENDATION:      By a vote of 8-7-0, the Finance Committee recommends REFERRAL TO THE FINANCE COMMITTEE AND TOWN MODERATOR with regard to the subject matter of Article 31.

                                                                        Requires a majority vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Describe Finance Committee procedures consistent with current practice and to clarify eligibility for membership.

Rationale

An attempt has been made to clarify the description of who is eligible to be appointed to the Finance Committee and under what circumstances an existing appointee ceases to be a member of the committee.

The existing language of the by-law emphasizes that members of the Finance Committee are not to be officers serving on other committees at the same time. Several exceptions to this prohibition of service on multiple committees have come to the fore in recent years. New language is proposed to clarify who is not eligible.  This language indicates that both Officers of the Town and employees of the town are not eligible, with the following exception described in the paragraph below:

During the public input on the new proposed language, the question was asked whether or not a basketball referee hired by the Recreation Department or a substitute teacher hired by the School Department is eligible to serve on the Finance Committee. The suggested solution to this issue is a designation of special municipal employee by the Board of Selectmen. If a position is characterized as having such limited compensation or limited hours of employment that the designation of special municipal employee can be made and in fact the position is so designated by the Board of Selectmen, then a person in such a position would be eligible to serve on the Finance Committee.

In addition, several changes are recommended with regard to the content of the report of the Finance Committee. These additions or modifications either correspond to the current practice of the Finance Committee or reflect the desires expressed by many Town Meeting members.

Changes to Section 6 attempt to recognize the fact that the role of the Finance Committee, in its review of the budget, starts after the proposed budget has been assembled by the Town Administrator.  Information sources required by the Finance Committee in its evaluation of the proposed budget are listed.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-laws.  Please refer to Appendix A, Pages 21 and 23, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion Article 31 of the warrant presents no legal impediments.  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 24-28 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Some of the suggested by-law changes in this article exemplify and/or clarify the current text of the existing by-law, to bring in line the committee’s current practices regarding service on committees.  However, in an effort to clarify the issue of when a Finance Committee member is also an appointed member of another town committee, the use of the words “special employee” caused much debate and concern.  Special employees are appointed by the Board of Selectmen annually and hold certain status that permit them to participate and /or perform other paid or volunteer town responsibilities, without limitation of most responsibilities.   From time to time, Finance Committee members are appointed or volunteer to serve on town committees.  It was unclear that designating a member a special employee would resolve this issue, when taking into account the current by-law text.  To that end, the Finance Committee voted to refer the subject matter of this article for further review and consideration.

MOTION:

Move to refer the subject matter of Article 31 to the Finance Committee and Town Moderator.

ARTICLE 32

School Committee Budget

(Charter and By-Law Review Committee)

To see if the Town will vote to approve an amendment to Article 5 of the Natick Home Rule Charter for submittal to the voters in order to describe the actual school committee budget process that takes place over a period of several weeks and meetings.

1. In Section 5-2 (a), change the words “budget as adopted by the school committee” to read “budget as proposed by the superintendent of schools.”

2. Change Section 5-2 (b) in its entirety so that it reads as follows:

(b)        Public Hearing - In the notice of any meeting at which the school committee expects to receive testimony regarding its proposed budget for the next fiscal year, the school committee shall include in the notice information about the locations of (1) the complete proposed budget available for public examination and (2) copies of a general summary of the proposed budget available for public distribution. The general summary shall specifically indicate any major variations from the current budget and the reasons for such changes. At all such meetings, in accordance with the provisions of Section 7-9 (b), all interested persons shall be given an opportunity to be heard for or against the whole or any part of the proposed budget.

RECOMMENDATION:      By a vote of 11-4-0 the Finance Committee recommends REFERRAL TO THE BOARD FO SELECTMEN, SCHOOL COMMITTEE, TOWN ADMINISTRATOR AND TOWN MODERATOR with regard to the subject matter of Article 32.

Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Describe the actual school committee budget process that takes place over a period of several weeks and meetings.

Rationale

The proposed changes reflect the fact that the process of achieving a school budget takes place over many weeks.  During that time, citizens require updated information such as that found in the general summary so that they can provide relevant input to the School Committee. 

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Charter.  Please refer to Appendix A, Page 25, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion Article 32 of the warrant presents no legal impediments.  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, pages 28-29 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION: 

Move to refer the subject matter of Article 32 to the Board of Selectmen, School Committee, Town Administrator, and Town Moderator.

ARTICLE 33

Remove Charter Provisions Replaced by By-Laws Already Adopted

(Charter and By-Law Review Committee)

To see if the Town will vote to approve an amendment to the Natick Home Rule Charter for submittal to the voters in order to remove language in the Charter explicitly intended to be replaced by by-laws where these by-laws have already been adopted. These sections include the following areas: (1) provisions governing the screening committee for selection of a new town administrator and describing the qualifications of the new town administrator (ref., By-Laws, Art. 20, Sec. 3, 4); (2) appointments made by the town administrator (ref., By-Laws, Art. 20, Sec. 1); (3) conflict between Town agencies and assignment of counsel (ref., By-Laws, Art. 44).

1. In Article 4, in Section 4-1, delete paragraph (b) in its entirety; move the first two sentences from paragraph (c) to the end of paragraph (a); delete the remainder of paragraph (c); delete the last sentence of paragraph (e); redesignate paragraphs (d) and (e) as paragraphs (b) and (c), respectively.

2. In Article 4, in Section 4-1, paragraph (a), the second sentence, change the words "of the town" to read "in accordance with procedures and qualifications established by by-law."

3. In Section 4-1, change the section title and add subsection titles for the paragraphs as follows:

Section 4-1            Appointment, Review, Other Activities

(a)        Appointment, Term of Office -

(b)        Review of Performance -

(c)        Restriction on Other Activities  -

4. In Article 4, in Section 4-2 (3), delete the second sentence beginning "Until such time"; move the last sentence beginning "Copies of" and insert after the first sentence; consolidate all remaining sentences into one paragraph.

5. In Article 4, in Section 4-2 (3), in the first sentence, change the words "charter or by law" to read "charter or by-laws."

6. In Article 7, delete Section 7-12 in its entirety.

RECOMMENDATION:      By a vote of 15-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 33.

Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Remove language in the Charter explicitly intended to be replaced by by-laws where these by-laws have already been adopted. These sections include the following areas:

(1) provisions governing the screening committee for selection of a new town administrator and describing the qualifications of the new town administrator (ref., By-Laws, Art. 20, Sec. 3, 4);

(2) appointments made by the town administrator (ref., By-Laws, Art. 20, Sec. 1);

(3) conflict between Town agencies and assignment of counsel (ref., By-Laws, Art. 44).

Rationale

The motivation for removing superseded language in the Charter is to provide to the public documents that, to the extent possible, describe accurately how the process of government in the Town is carried out today.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Charter.  Please refer to Appendix A, Pages 27 and 29, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion the amendments proposed by Article 33 of the warrant present no legal impediments.  They are a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, Pages 29-31 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to approve the amendment of Articles 4 and 7 of the Natick Home Rule Charter as stated in the warrant article.

ARTICLE 34

Elected and Appointed Officers

(Charter and By-Law Review Committee)

To see if the Town will vote to approve an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters in order to (1) clarify the term of office of the Board of Selectmen by inserting the standard wording used in the Charter to replace the special language for the election of 1997; (2) remove the requirement for the constables to prosecute all violations of law respecting the observance of the Lord's Day; (3) specify resignation as an additional reason for the trustees of the Morse Institute to fill a vacancy; and (4) remove a confusing statement that oversimplifies the process of paying bills.

1. In Section 3-2 (a), delete the second, third, and fourth sentences. Change the first sentence so that the end of the sentence reads as follows:

for terms of three years each, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year.

2. In Section 3-6 (b), in the third sentence, delete the words "the observance of the Lord's day" and the comma.

3. In Section 3-9 (b), in the first sentence, change the word "death" to read "resignation or death."

4. In Section 6-4 (b), in the part pertaining to the Treasurer, in Item (1), delete the sentence that begins "No other person".

RECOMMENDATION:      By a vote of 11-2-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 34.  

Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

(1) Clarify the term of office of the Board of Selectmen by inserting the standard wording used in the Charter to replace the special language for the election of 1997;

(2) Remove the requirement for the constables to prosecute all violations of law respecting the observance of the Lord's Day;

(3) Specify resignation as an additional reason for the trustees of the Morse Institute to fill a vacancy; and

(4) Remove a confusing statement that oversimplifies the process of paying bills.

Rationale

Each of these minor changes more accurately describes the way things are in the Town.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Charter.  Please refer to Appendix A, Page 31, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion the amendments proposed by Article 34 of the warrant present no legal impediments.  They are a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, Pages 31-34 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

Motion: 

Move to approve the amendment of Articles 3 and 6 of the Natick Home Rule Charter as stated in the warrant article.

ARTICLE 35

Appointments by Acting Town Administrator

(Charter and By-Law Review Committee)

To see if the Town will vote to allow the Town to hire permanent employees, not just temporary employees, when an acting town administrator is in charge; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 4 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

In Section 4-3 (c), strike all words after the phrase "shall include authority to make" and add the following:

appointments or designations to town office or employment, except that, for positions reporting directly to the town administrator, only an acting appointment or designation may be made.

RECOMMENDATION:      By a vote of 14-1-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 35. 

Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Allow the Town to hire permanent employees, not just temporary employees, when an acting town administrator is in charge

Rationale

To ensure that Natick is not at a competitive disadvantage in hiring employees during the tenure of an Acting Town Administrator, the change seeks to permit an Acting Town Administrator to make permanent appointments in most common situations, while still being limited to temporary appointments for top positions that report directly to the position of Town Administrator. 

Customary checks and balances are maintained, as the Board of Selectmen continue to have the power to disapprove any appointments made by an Acting Town Administrator.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Charter.  Please refer to Appendix A, Page 33, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion Article 35 of the warrant presents no legal impediments. It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, Page 34 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to approve the amendment of Article 4 of the Natick Home Rule Charter as stated in the warrant article.

Article 36

Town Counsel

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 22 of the Town of Natick By-Laws in order (1) to correct out-of-date information in the list of those authorized to receive assistance of Town Counsel, (2) to handle a vacancy or expected vacancy in the position of Town Counsel, and (3) to employ consistent language with regard to the Town (Meeting) and the Board of Selectmen.

1. In Section 4, change the phrase:

In the event of a vacancy in the Office of Town Counsel, the Selectmen shall, from time to time, establish

so that it reads as follows:

Whenever the position of Town Counsel becomes vacant or when it is known that the position shall become vacant, the Selectmen shall establish

2. In Section 5:

2a. In Subsection (a), change the phrase "by the vote of the Town or majority of the Board of Selectmen" to read "by vote of the Town or vote of the Board of Selectmen."

2b. Rewrite Subsection (c) in its entirety to read as follows:

c.         The following shall have the right to request of Town Counsel advice concerning their duties:  members of the Board of Selectmen, Town Administrator, Town Clerk, Superintendent of Schools, Building Inspector, Director of Public Works, Recreation and Parks Commission, Director of Public Health, Town Moderator, Comptroller, Town Treasurer/Collector, Tree Warden, Superintendent of Recreation and Parks, Director of Human Services, Board of Assessors, Board of Appeals, Planning Board, School Committee, Finance Committee, Board of Health, Conservation Commission, Retirement Board, and Personnel Board.

2c. In Subsection (d), change the phrase "That all" to read "All."

2d. In Subsection (d), redesignate the second paragraph as new Subsection (e) and insert "e.".

2e. In new Subsection (e), change the phrase "under Section b and c of this Article" to read "under Subsections b and c of this section."

3. In Section 6, change the phrase "by vote of the Town Meeting, by the majority vote of the Selectmen" to read "by vote of the Town or vote of the Board of Selectmen."

4. In Section 7, change the phrase "By-Laws" to read "the Charter or By-Laws."

5. In Section 8, change the phrase "a vote of Town Meeting, or vote of the Selectmen" to read "vote of the Town, or vote of the Board of Selectmen."

RECOMMENDATION:      By a vote of 10-5-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 36. 

Requires a MAJORITY VOTE of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

(1)  Correct out-of-date information in the list of those authorized to receive assistance of Town Counsel;

(2)  Handle a vacancy or expected vacancy in the position of Town Counsel; and

(3)  Employ consistent language with regard to the Town (Meeting) and the Board of Selectmen.

Rationale

It seems reasonable to activate the screening committee when it is known that the position of Town Counsel will become vacant (for example, if the Board of Selectmen has voted not to renew the term of Town Counsel) instead of waiting until the vacancy occurs.

There is a long list of who may request services from Town Counsel, all of whom should funnel their requests through the Town Administrator (not for approval, but for coordination). Suggestions are welcomed on how to simplify this list.

The current language uses "vote of the Town" in one place and "vote of the Town Meeting" in another place; also, "vote of the Board of Selectmen" and "majority vote of the Board of Selectmen". The use of inconsistent language is corrected with these changes.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Pages 35 and 37, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant. For a complete read of Town Counsel’s review, please refer to Appendix B, pages 34 to 39 (handwritten page numbers).  

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to amend Article 22 of the Town of Natick By-Laws as stated in the warrant article, but with the following changes:

In Item 1, in the new text, insert the words "the Office of" before the words "Town Counsel".

In Item 2a, in the new text, insert the word "Meeting" after the word "Town".

In Item 3, in the new text, insert the word "Meeting" after the word "Town".

In Item 5, in the new text, insert the word "Meeting" after the word "Town".

ARTICLE 37

Personnel Board

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 24 of the Town of Natick By-Laws in order to clarify eligibility for membership.

1. In Section 1.1, delete all words after "June 1" and add the following words:

, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year.

2. In Section 1.3, delete all words after "elective position" and add the following words:

except that of Town Meeting member. However, a member of the Personnel Board is allowed to serve on (1) any other Town committee for which the Personnel Board is designated as responsible for nominating or appointing one or more members or (2) any other Town committee established as an advisory committee dealing with personnel-related matters.

3. In Section 1.4, delete all words after "forthwith" and add the following words:

to fill the unexpired term.

4. Delete Section 1.2 in its entirety; renumber Sections 1.3 and 1.4 as Sections 1.2 and 1.3, respectively.

RECOMMENDATION:      By a vote of 10-3-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 37. 

Requires a MAJORITY VOTE of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Clarify eligibility for membership.

Rationale

The standard language used in the Bylaws to describe the terms of members who are appointed in different years has been substituted for the language about "the odd year", "the even year", and "the odd year following". Also, the language allowing terms to continue if the appointing authority does not get around to making appointments has been removed, and so more clearly defining the terms of committee members.

The existing language of the by-law emphasizes that members of the Personnel Board are not to be Town employees or officers serving on other committees at the same time. Several exceptions to this prohibition of service on multiple committees have come to the fore in recent years. New language is proposed to describe two exceptions.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Page 39, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“If town meeting wishes to vote the amendments proposed by Article 37 of the warrant, I recommend that the present second sentence of Article 24, Section 1.1 be retained, which reads ‘[e]ach such member shall hold office until his/her successor is appointed un the manner provided above’.  This result could be accomplished by having the motion read in part: ‘In Section 1.1, in the first sentence, delete all words after June 1 and add the following words…’”

For a complete read of Town Counsel’s review, please refer to Appendix B, Pages 39 and 40 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to amend Article 24 of the Town of Natick By-Laws as stated in the warrant article.

ARTICLE 38

Personnel By-Law

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 24 of the Town of Natick By-Laws in order to conform the language of the personnel by-law with current practice and current state and federal law.

RECOMMENDATION:      By a vote of 14-1-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 38. 

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Conform the language of the personnel by-law with current practice and current state and federal law.

Rationale

The CBRC did identify a number of questions about some provisions in the personnel by-law, but was unable to obtain assistance to address issues, obviously because of unavailability of key personnel in the Town. At this time, the CBRC requests that these questions and issues be referred to the Town Administrator and a full-strength Personnel Board so that they may be examined in the future.

However, there does seem to be an immediate need to change the by-law to redefine the Personnel Director of the Town. Accordingly, the definition of "Town Administrator or his designee" is suggested.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Page 41, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“It will be necessary to see a positive motion for Article 38 in order to determine the specific amendment which is sought.”

The Finance Committee assumes that Town Counsel did not have the CBRC’s suggested motion. 

For a complete read of Town Counsel’s review, please refer to Appendix B, Page 40 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION A: 

Move to amend Article 24 of the Town of Natick By-Laws as follows:

In Section 2.2, change the words:

The Assistant Town Administrator shall serve as Personnel Director of the Town under the guidance of the Town Administrator

to read as follows:

The Town Administrator or his designee shall serve as Personnel Director of the Town

MOTION B: 

Move to direct the Charter and By-Law Review Committee to forward to the Town Administrator all suggestions and comments received relative to Article 24 and to request the Town Administrator and Personnel Board to conduct a review of Article 24.

ARTICLE 39

Recreation and Parks Commission

(Charter and By-Law Review Committee)

To see if the Town will vote to approve an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters in order to (1) use the new name Recreation and Parks Commission in place of the former name Recreation and Human Services Commission; (2) clarify the role of the Recreation and Parks Commission in the areas of recreational programs and facilities; and (3) change the composition of the commission back to the composition in effect prior to the adoption of Amendment 2 on March 25, 1991, or otherwise change the composition.

1. Rewrite Section 3-12 in its entirety so that it shall read as follows:

Section 3-12          Recreation and Parks Commission

(a)        Composition, Term of Office - There shall be a recreation and parks commission consisting of five members, elected for terms of three years each, so arranged that as nearly an equal number of terms as is possible shall expire each year.

(b)        Powers and Duties - The recreation and parks commission shall advise the town administrator and the responsible department heads on all matters relating to recreational programs conducted by the recreation and parks department and on the maintenance of recreational facilities where those programs are conducted. The commission shall assure that programs are devised and conducted to meet the leisure-time needs of all segments of the population. Whenever the position of superintendent of the recreation and parks department shall become vacant, the commission shall serve as a screening committee for the filling of such vacancy and shall submit two or more names to the town administrator from whom the appointment shall be made.

2. In Section 3-1 (a), in the first sentence, change the words "a recreation and human services commission" to read "and a recreation and parks commission".

RECOMMENDATION:      By a vote of 13-1-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 39.

Requires a two-thirds (2/3) vote of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

(1) Use the new name Recreation and Parks Commission in place of the former name Recreation and Human Services Commission;

(2) Clarify the role of the Recreation and Parks Commission in the areas of recreational programs and facilities; and

(3) Change the composition of the commission back to the composition in effect prior to the adoption of Amendment 2 on March 25, 1991, or otherwise change the composition.

Rationale

By vote under Article 31 of ATM 4/15/99, Town Meeting approved the reorganization plan of the Town Administrator to separate the Recreation and Human Services Department into a Recreation and Parks Department and a Human Services Department. At that time, no change was made in the Recreation and Human Services Commission.  Nevertheless, in practice, the commission dealt only with matters of the Recreation and Parks Department.  Other committees provided advice and assistance to the Human Services Department.

The proposed amendment to the Charter changes the name of the commission to the Recreation and Parks Commission, drops the four appointed members that had been added in 1991 by the voters under Amendment 2 to add expertise in human services, and provides that the commission advise the Town Administrator and department heads not only on recreational programs but also on recreational facilities.

The proposed reorganization marks a return to the previous organization of five elected members. Other suggestions have been made, for example, seven elected members or an all-appointed commission. The CBRC did not favor a continuation of a partly elected, partly appointed commission. As a matter of common practice, elected commission or boards can extend its expertise through the appointment of working committees to focus on particular programs or projects, as exist within the Recreation and Parks Department.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the Charter.  Please refer to Appendix A, Page 43, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion, the amendments proposed by Article 39 of the Warrant present no legal impediments.  They are a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, Pages 45 to 47 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to approve the amendment of Article 3 of the Natick Home Rule Charter as stated in the warrant article, but with the following change:

In the new text for Section 3-12 (a), replace all words from "five members" through the end of the sentence with the following words:

nine members: 5 members elected at large and 4 members appointed by the Board of Selectmen. Elected members shall serve a three-year term so arranged so that over a three-year period the terms of two members shall expire in the first year, the terms of two other members shall expire in the second year and the term of the fifth member shall expire in the third year. Appointed members shall serve a two-year term so arranged so that an equal number of terms shall expire each year.

ARTICLE 40

Planning Director

(Charter and By-Law Review Committee)

To see if the Town will vote to amend the Town of Natick By-Laws in order to reconcile use of the term Planning Director in the By-Laws with the position of Community Development Director in the Town administration, or otherwise act thereon.

RECOMMENDATION:      By a vote of 13-0-0, the Finance Committee recommends REFER TO THE TOWN ADMINISTRATOR with regard to the subject matter of Article 40. 

Requires a MAJORITY VOTE of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Reconcile use of the term Planning Director in the By-Laws with the position of Community Development Director in the Town administration

Rationale

The CBRC recommends that the subject matter of the Planning Director be referred to the Town Administrator. At the current time, there is no Planning Director, as that position is described in the By-Laws. Duties normally filled by a Planning Director are being carried out under the direction of the Community Development Director.

Comments received during the public hearing indicate that changing the words "Planning Director" everywhere they appear in the By-Laws to the words "Community Development Director" is not advised as these positions are not synonymous.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Page 45, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“The text of Article 40 of the warrant does not indicate the specific amendment desired which would reconcile the use of the term Planning Director in the By-Law with the position of Community Development Director in the Town Administration.”

The Finance Committee assumes that Town Counsel did not have the CBRC’s suggested motion.  The CBRC recommended referral to the Town Administrator of the subject of designating a Planning Director or replacing all references to the position of Planning Director in the By-Laws.

For a complete read of Town Counsel’s review, please refer to Appendix B, Page 47 (handwritten page number). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to refer to the Town Administrator the subject of designating a Planning Director or replacing all references to the position of Planning Director in the By-Laws.

ARTICLE 41

Financial Administration

(Charter and By-Law Review Committee)

To see if the Town will vote to move Article 12 in the Elected Officials section of the Town of Natick By-Laws to a new Article 45 in the more appropriate Administrative Regulations section of the By-Laws, remove sections pertaining to the Town Collector that repeat provisions stated in the Charter, update descriptions of procedures to conform with current practice, eliminate the requirement to publish the names of some delinquent taxpayers in the newspaper, add section titles, and make minor changes in wording.

1. Redesignate Article 12 as Article 45 with the new title "Financial Administration".

2. Delete Sections 1 and 2. Renumber Sections 3 and 4 as Sections 1 and 2, respectively.

3. Rewrite the new Section 1 to read as follows:

            At least once a month, every department of the Town shall deliver to the Town Comptroller a separate statement of each account due the Town arising through any transaction with such department. At least once a week, every department shall remit to the Town Treasurer all money received during the preceding week, or lesser period, on such accounts. At least once a week, every department shall deliver to the Town Collector a separate statement of such accounts that are yet to be collected. This section shall not apply to taxes and special assessments.

4. Rewrite the new Section 2 to read as follows:

            Any account which the Town Collector is unable to collect by ordinary efforts shall be referred by the Town Collector to the Town Counsel for collection, and the Town Comptroller shall be notified. So far as permitted by law, any account or portion thereof may be abated by the department in which such account originated. The Town Collector and the Town Comptroller shall be notified in writing of the abatement of any such account or portion thereof.

5. Place the first sentence of Section 5 into new Section 3. Place the second sentence into new Section 4.

6. Rewrite the new Section 3 to read as follows:

            At least once a week, the Town Collector shall remit to the Town Treasurer all money received during the preceding week, or lesser period, on every account, including any sums received as interest on moneys received on accounts and deposited in any bank.

7. Rewrite the new Section 4 to read as follows:

            The Town Treasurer/Collector and Assistant Treasurer/Collector shall each give bond to the Town for the faithful performance of their duties in a form approved by the Department of Revenue and in such sum, not less than the amount that may be established by said department, as shall be fixed by the Board of Selectmen and that the effective date thereof, after approval by the Attorney General, be determined by the Board of Selectmen.

8. Renumber Sections 6 and 7 as Sections 5 and 6, respectively.

9. In new Section 5, change the phrase "Chapter 59, Section 57" to "Section 57 of Chapter 59".

10. Rewrite new Section 6 in its entirety to read as follows:

            The Town Collector shall maintain an updated list of any person, corporation, or business enterprise that has neglected or refused to pay any local taxes, fees, assessments, betterments, or other municipal charges. The list shall be annotated with any information about a payment plan in effect and the response or lack of response to actions regarding payment.

11. Add section titles for the new sections as follows:

Section 1               Accounts Due the Town, Procedures

Section 2               Procedures for Uncollectable Accounts

Section 3               Transfer of Funds Collected

Section 4               Bond

Section 5               Payment of Bills, Interest

Section 6               List of Delinquent Accounts

RECOMMENDATION:      By a vote of 10-4-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 41. 

Requires a MAJORITY VOTE of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Move Article 12 in the Elected Officials section of the Town of Natick By-Laws to a new Article 45 in the more appropriate Administrative Regulations section of the By-Laws; remove sections pertaining to the Town Collector that repeat provisions stated in the Charter; update descriptions of procedures to conform with current practice; eliminate the requirement to publish the names of some delinquent taxpayers in the newspaper; add section titles; and make minor changes in wording.

Rationale

Most of the changes proposed stem from the fact that the position of Town Collector is now an appointed position. Based on inputs from several Town officials, this revision to existing descriptions in the by-law endeavors to reflect current practice.

The new language requires the Town Collector to maintain up-to-date information on overdue accounts and on any payment plans in effect, and removes language concerning with minimum dollar amounts, minimum time periods, and newspaper notices for overdue accounts.  The use of this information is the subject of Article 43 of the By-Laws.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Pages 47 and 49, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion the amendments proposed by Article 41 of the warrant present no legal impediments.  They are a matter for the legislative judgment of town meeting.”

.

The Finance Committee assumes that Town Counsel did not have the CBRC’s suggested motion. 

For a complete read of Town Counsel’s review, please refer to Appendix B, Pages 47 to 53 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to amend the Town of Natick By-Laws as stated in the warrant article, but with Item 9 rewritten as follows:

9. In new Section 5:

9a. In the second sentence, change the words "date of issue of such charge or bill" to read "due date".

9b. Change the phrase "Chapter 59, Section 57" to "Section 57 of Chapter 59".

ARTICLE 42

Delinquent Taxpayers

(Charter and By-Law Review Committee)

To see if the Town will vote to amend Article 43 of the Town of Natick By-Laws in order (1) to require that the list of delinquent taxpayers be provided to licensing authorities at least quarterly, instead of annually; (2) to allow licensing authorities to request an updated list when they need it, instead of just waiting for it; (3) to require that licensing authorities consult the list and refer delinquent taxpayers to the Town Collector to resolve non-payment issues; (4) to clarify issues associated with hearings; and (5) to clarify that references pertain to the General Laws.

1. In Section 1:

1a. Change the phrase "shall annually furnish" to "shall, at least quarterly, furnish".

1b. Delete all words in the section after the second occurrence of the phrase "other municipal charges" and then add the following words:

, as described in Section 6 of Article 45. The licensing authority may request an updated list from the tax collector at any time. If the list is annotated to show that such party has reached a payment agreement with the tax collector and is not in default on that agreement, then the licensing authority shall have no cause to take any action described in Section 2.

2. In Section 2:

2a. Change the phrase "given a hearing" to "given the opportunity to request a hearing before the Board of Selectmen".

2b. Change the phrase "fourteen day" to "fourteen days".

2c. Insert a new paragraph before the existing first paragraph to read as follows:

            Before considering the issuance of a license or permit to any party whose name appears on said list furnished to the licensing authority from the tax collector, the licensing authority shall advise the party to contact the tax collector to reach a payment agreement.

3. In Section 4, after the word "sixty-eight", insert the phrase "of the General Laws".

4. In Section 5, after the first occurrence of the word "permits", insert the phrase "referenced in the indicated sections and chapters of the General Laws".

RECOMMENDATION:      By a vote of 14-0-0, the Finance Committee recommends FAVORABLE ACTION with regard to the subject matter of Article 42. 

Requires a MAJORITY VOTE of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

(1) Require that the list of delinquent taxpayers be provided to licensing authorities at least quarterly, instead of annually;

(2) Allow licensing authorities to request an updated list when they need it, instead of just waiting for it;

(3) Require that licensing authorities consult the list and refer delinquent taxpayers to the Town Collector to resolve non-payment issues; and

(4) Clarify issues associated with hearings and references pertaining to the General Laws.

Rationale

These changes are being advised to improve the handling of delinquent tax accounts, and the issuance of licenses and permits to those taxpayers who are delinquent.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Pages 51 and 53, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion, the amendment proposed by Article 42 of the warrant would be invalid.  The authority to adopt the by-law provision contained in Article 43 of the by-laws is conferred by Chapter 40, Section 57 of the General Laws. …”

For a complete read of Town Counsel’s review, please refer to Appendix B, Pages 53 to 55 (handwritten page numbers). 

The Finance Committee also heard testimony from the public, which was also entered into the record of the Warrant Hearing.  In consideration of the complete record, the Finance Committee came to the above recommendation for this article.

MOTION:

Move to amend Article 43 of the Town of Natick By-Laws as stated in the warrant article, but with the following change:

Delete Item 1a.

ARTICLE 43

Reorganize Licensing and Regulation of Junk Dealers

(Charter and By-Law Review Committee)

To see if the Town will vote to amend the Town of Natick By-Laws in order to move Sections 1 and 2 of Article 74 pertaining to licenses to Article 42 and move Section 3 of Article 74 to the Police Regulations section of the By-Laws.

RECOMMENDATION:      By a vote of 11-3-0, the Finance Committee recommends REFFERAL TO THE BOARD OF SELECTMEN AND THE POLICE CHIEF with regard to the subject matter of Article 43. 

Requires a MAJORITY VOTE of Town Meeting.

An explanation of the purpose of this article and a rationale for the same are provided below.  Such was provided by the Charter and By-law Review Committee’s report on this article to the Finance Committee, which was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.

Purpose 

Move Sections 1 and 2 of Article 74 pertaining to licenses to Article 42 and move Section 3 of Article 74 to the Police Regulations section of the By-Laws.

Rationale

The proposed changes move the provisions of Article 74 into more appropriate locations in the By-Laws.

The CBRC provided the Finance Committee with a redlined document illustrating the changes from the existing text of the By-law.  Please refer to Appendix A, Pages 55 and 57, for the proposed text change related to this article.

The Finance Committee also received from Town Counsel a document summarizing the legal review of the CBRC’s documentation regarding this article and the warrant article itself.  Town Counsel’s review was entered into the Finance Committee hearing record and proceeding for the 2002 Fall Town Meeting Warrant.  In summary, the Town Counsel concluded the following:

“In my opinion, Article 43 of the warrant presents no legal impediment.  It is a matter for the legislative judgment of town meeting.”

For a complete read of Town Counsel’s review, please refer to Appendix B, page 55 (handwritten page number).