Fall Town Meeting and Special Town Meeting #1 were convened at 7:30 pm on Tuesday, October 18, 2005; Special TM was adjourned until Thursday, October 27, while Fall Town Meeting met on Thursday, October 20, Tuesday, October 25, Thursday, October 27 and Tuesday, November 1, 2005.

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 2006 (July 1, 2005 to June 30, 2006), and to see what budgets for Fiscal 2006 will be reduced to offset said additional appropriations, or take any action relative thereto.

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.

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.

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, determine whether this appropriation shall be raised by borrowing or otherwise, or take any other action relative thereto.

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, determine whether this appropriation shall be raised by borrowing or otherwise, or take any other action relative thereto.

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, determine whether this appropriation shall be raised by borrowing or otherwise, or take any other action relative thereto.

To see if the Town will vote to appropriate a sum of money for architectural plans and specifications for the constructing, equipping and furnishing an expansion to existing schools; to be determined whether this appropriation shall be raised by borrowing or otherwise; or take any other action thereon.

To see if the Town will vote to authorize the Board of Selectmen to enter into a multi-year contract not to exceed twenty (20) years for the disposal of the Town’s trash.

To see if the Town will vote to raise and appropriate, or otherwise provide, the funds necessary to implement the Terms of Agreement reached between the Town and the following collective bargaining units for Fiscal Year 2004 (July 1, 2003-June 30, 2004)

• SEIU Local 888 AFL-CIO (Dispatchers)

To see if the Town will vote to raise and appropriate, or otherwise provide, the funds necessary to implement the Terms of Agreement reached between the Town and the following collective bargaining units for Fiscal Years 2005, 2006, 2007.

• SEIU Local 888 AFL-CIO (Dispatchers)

To see what sums of money the Town will vote to raise and appropriate, or otherwise provide, to hire additional personnel for the operation of the Morse Institute Library, for the Fiscal Year July 1, 2005 to June 30, 2006.

To see if the Town will vote to raise and appropriate, or otherwise provide, $12,500 for the Transportation Assistance Program. This program has been funded for the past three (3) years by a grant from the MetroWest Health Care Foundation. The grant will expire on December 31, 2005. The requested amount will fund the program through the remainder of FY0’06.

To see what sums of money the Town will vote to raise and appropriate, or otherwise provide, for preserving the Town of Natick’s Annual Reports on microfilm and other formats, as needed. Funding to be provided in Fiscal Year July 1, 2005 to June 30, 2006.

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.

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.

To see if the Town will vote to designate a development district pursuant to G.L. c.40Q to be known as the “Natick Center/Natick Mall Area District Improvement Financing District” (the “District”); to determine whether the boundaries of such District shall be as shown in the draft application for approval of the establishment of the District and of the development program therefor pursuant to G.L. c.40Q on file in the offices of the Town Clerk and the Board of Selectmen (the “Draft Application”), or otherwise; to determine whether the Town shall adopt a development program for said District pursuant to G.L. c.40Q as stated in the Draft Application or otherwise (the “Development Program”); to determine whether the Town shall appropriate a sum of money pursuant to G.L. c.40Q and the Development Program to pay costs of designing and constructing a new parking garage at the site of the Middlesex Avenue parking deck, including the costs of demolishing the existing parking structure at that site and paying all other project costs incidental and related thereto as defined in G.L. c.40Q; to determine whether this appropriation shall be raised by borrowing under G.L. c.40Q, by project revenues (including tax increments), or otherwise, as provided in the Development Program; if all or any portion of such appropriation is to be raised by borrowing, to determine whether the bonds or notes issued therefore shall be general obligations or special obligations of the Town and whether such bonds or notes shall be secured by a pledge of tax increments or other project revenues, or otherwise, in accordance with the Development Program; to determine whether the Board of Selectmen or any other officer or officers shall be the officer or officers responsible for carrying out the Development Program; or to otherwise act thereon.

To see if the Town will vote to insert in Article 24 of the ByLaws a new Section 14 as follows:

1. Applicability

This bylaw shall apply to the selection of candidates to fill the position of Police Chief and Fire Chief when such positions are not subject to the provisions of Chapter 31 of the Massachusetts General Laws.

2. Procedure for Appointment of Police Chief and Fire Chief  

1. Within one year of the time when it is known that the position of Police Chief or Fire Chief shall become vacant, the Board of Selectmen may initiate the selection process. Within six months of the time the position of Police Chief or Fire Chief is to become vacated, the Board of Selectmen shall initiate the selection process if it has not already done so. In the event that less than six months notice is provided to the Selectmen that the position of Police Chief or Fire Chief shall become vacant, the selection process shall begin forthwith after receipt by the Board of Selectmen of such notice.
2. The Board of Selectmen shall initiate the selection process by giving notice of its intention to establish a screening committee to review applications for the position of Police Chief or Fire Chief and shall send a copy of such notice to each town agency or officer responsible for designating persons to serve on the committee. The Board of Selectmen shall appoint the screening committee not earlier than twenty-one days nor later than twenty-eight days after such notice is sent.
3. For the position of Police Chief, a screening committee shall consist of nine members. The School Committee, Finance Committee and Personnel Board may each designate one person to serve on the screening committee. Persons chosen by said agencies may, but need not, be members of the agency by which they are chosen. The Town Administrator and Fire Chief shall serve as members of the screening committee. The Board of Selectmen shall appoint one resident of Natick and one employee of a human service organization to the committee; neither of these appointees may be members of a public body referenced in this section. The Town Moderator shall appoint one member of Town Meeting; this appointee may not be a member of any other public body referenced in this section. The Town Administrator shall appoint to the screening committee one police chief from another community. The Personnel Director shall serve as an ex officio member of the committee. Appointees of the Board of Selectmen, School Committee, Finance Committee, Personnel Board and Town Moderator shall be residents of Natick. No member of the screening committee – other than the Town Administrator, Fire Chief and Personnel Director – may be an employee of the Town.
4. For the position of Fire Chief, the screening committee shall consist of nine members. The Finance Committee, Personnel Board and Council on Aging may each designate one person to serve on the screening committee. Persons chosen by said agencies may, but need not, be members of the agency by which they are chosen. The Town Administrator and Police Chief shall serve as members of the screening committee. The Board of Selectmen shall appoint one resident of Natick and one employee of a human service organization to the committee; neither of these appointees may be members of a public body referenced in this section. The Town Moderator shall appoint one member of Town Meeting; this appointee may not be a member of any other public body referenced in this section. The Town Administrator shall appoint to the screening committee one fire chief from another community. The Personnel Director shall serve as an ex officio member of the committee. Appointees of the Board of Selectmen, Finance Committee, Personnel Board, Council on Aging and Town Moderator shall be residents of Natick. No member of the screening committee – other than the Town Administrator, Police Chief and Personnel Director – may be an employee of the Town.
5. Not more than thirty days following the appointment of the screening committee by the Board of Selectmen, the persons chosen shall meet to organize and plan a process for solicitation by advertisement and by other means to receive applications for the position of Police Chief or Fire Chief. The screening committee shall conduct its work in an expeditious manner; employees of the Town shall provide all reasonable assistance to the committee in the conduct of its work.
6. The screening committee shall review all applications received and shall provide for interviews to be conducted with such number of candidates for the position as it may decide.
7. Candidates selected for interview shall be evaluated using an assessment center specifically designed to examine their skills and abilities. The assessment center shall be designed and conducted by a consultant specifically hired for this purpose by the Town. Said consultant shall be selected by the Town through competitive procurement in accordance with applicable procedures and shall have significant experience conducting assessment centers in the relevant public safety department.
8. The results of the assessment center conducted pursuant to paragraph (g) shall be made available to the screening committee prior to its interview of candidates for the position of Police Chief or Fire Chief.
9. Not more than one hundred eighty days following the date the screening committee meets to organize, the screening committee shall submit to the Board of Selectmen the names of not less than three but not more than five candidates whom it believes to be best suited to perform the duties of Police Chief or Fire Chief.
10. If the screening committee determines that there are not at least three candidates qualified to perform the duties of the Police Chief or Fire Chief, the screening committee shall report to the Board of Selectmen that it is unable to complete its assigned task. In that event, the Board of Selectmen shall direct the screening committee to reopen the search process and the foregoing procedure shall apply.
11. Within sixty days following the date that a list of nominees is submitted to it, the Board of Selectmen shall:

1. interview candidates referred to it by the screening committee, and
2. determine if it will select one of the candidates to serve as Police Chief or Fire Chief and
3. choose a nominee to be appointed as Police Chief or Fire Chief; or
4. if the Board of Selectmen decides not to appoint any of the nominees as Police Chief or Fire Chief, it shall direct the screening committee to reopen the search process, and the foregoing procedure shall apply.

12. Upon the appointment of the Police Chief or Fire Chief, the screening committee established pursuant to this Article shall be considered discharged.

3. Appointment, Review, Other Activities

1. Appointment, Term – The Board of Selectmen shall appoint the Police Chief or Fire Chief to serve for a term of up to three years, provided, however, that the first six months of any individual’s first appointment to the office shall be considered a probationary period. The Police Chief and Fire Chief shall be appointed solely on the basis of their executive and administrative qualifications and shall be especially fitted by education, training and previous experience to perform the duties of their position.
2. Review of Performance – The Town Administrator shall annually provide to the Board of Selectmen a review of the job performance of the Police Chief and Fire Chief which shall, at least in summary form, be a public record.
3. Restriction on Other Activities - The Police Chief and Fire Chief shall devote their full time to the duties of their offices and shall not hold any other public office, elective or appointive, nor shall they engage in other business, occupation or profession during their term, unless such action or appointment is approved, in advance, in writing, by the Board of Selectmen.

 Or otherwise act thereon.

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

or otherwise act thereon.

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition.

AN ACT EXEMPTING THE POSITION OF CHIEF OF THE FIRE DEPARTMENT OF THE TOWN OF NATICK FROM THE PROVISIONS OF CIVIL SERVICE LAW

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

or otherwise act thereon.

To see if the Town will instruct and authorize its Board of Selectmen to amend a certain Purchase and Sale Agreement whereby the Town, acting through its Board of Selectmen, sold the central firehouse located at 14 Summer St. to The Center for Arts in Natick, Inc., by amending Paragraph 22 of that Agreement, which continued in effect beyond the closing of the purchase, so that the % of the then applicable assessed value that is used as a multiplier is changed from 80% to 25% and the amended Paragraph 22 will then read as follows:

“22. PAYMENTS IN LIEU OF TAXES

Upon the completion of the exterior renovations to the building, as long as the BUYER is an organization exempt from real estate taxes, the BUYER shall make payments in lieu of taxes to the Town of Natick in annual amounts equal to the then applicable tax rate times twenty-five percent (25%) of the then applicable assessed value of the property. The assessed value will be that value determined by the Natick Board of Assessors in the course of normal and customary assessment practices or as modified by subsequent appeal or arbitration.”

Or otherwise act thereon.

To see if the Town will vote to accept the recommendation of the Community Preservation Act Study Committee regarding the suitability of the Community Preservation Act for the Town of Natick and take any action relative thereto.

To see if the Town will vote to amend the Town of Natick By-Laws by adding to Article 1, Town Meetings, a new Section 5 which reads:

“Section 5 Initiation of Articles

In accordance with Article 2, section 2-11 of the Charter the Board of Selectmen shall receive all petitions which are addressed to it and which request the submission of particular subject matter to the representative town meeting and which are filed by the Town Administrator.”

or otherwise act thereon.

To see what action the Town will take to amend “Article I, Section 3: Adjourned Town Meetings” to change the procedure for scheduling adjourned town meetings to provide that Town Meeting does not meet during school vacations or other holidays unless otherwise voted; and/or to change the default scheduling of adjourned Town Meetings to the next consecutive Tuesdays and Thursdays that do not fall on a non-summer school vacation or other holidays; and/or to ensure that Town Meeting is not adjourned to a date falling on non-summer school vacations or other holidays; and/or take any other action relative thereto so as to reduce potential obstacles to citizen participation posed by adjourning Town Meetings to dates falling during school vacations or other holidays, while retaining predictability in scheduling adjourned Town Meetings, and retaining Town Meeting’s ability to adjourn to any date and time.

To see if the Town will vote to amend Article 50, Section 22, Paragraph 22.4 of the Town of Natick By-Laws by inserting the words “, or within a cross hatch area which is adjacent to a parking space designated for se by disabled veterans or handicapped persons as authorized by Paragraphs 22.2 and 22.3,” so that said Paragraph 22.4 reads “The leaving of unauthorized vehicles within parking spaces designated for use by disabled veterans or handicapped persons as authorized by Paragraphs 22.2 and 22.3, or within a cross hatch area which is adjacent to a parking space designated for use by disabled veterans or handicapped persons as authorized by Paragraphs 22.2 and 22.3, or in such manger as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way shall be prohibited.”

or otherwise act thereon.

To see if the Town will vote to amend the Natick Home Rule Charter by deleting from the first sentence of Section 2-11(d), Publication, the words “Within five days following the date the warrant for any town meeting shall close” and inserting in their place the words “At least seven days before any annual town meeting and at least fourteen days before any special town meeting” so that Section 2-11(d) reads “Publication. At least seven days before any annual town meeting and at least fourteen days before any special town meeting the board of selectmen shall cause copies of the warrant articles for such meeting to be posted in each precinct of the town and copies of said warrant articles to be mailed to the town moderator, the chairman of the finance committee, and to such other persons as may designated by by-law. Additional copies of the warrant articles shall be made available for general distribution in the office of the town clerk.”

Or otherwise act thereon.

To see if the Town will vote to recommend changes to the Charter (Art.2, s.2-11, s2-12; Art. 5) or By-Laws (Art.1; Art. 11; Art. 23) pertaining to Town Meeting notices, notices of advance actions of other Town agencies relative to the business of Town Meeting, and publication and distribution of Town Meeting warrants; or take any other action relative thereto.

To see if the Town will amend it’s zoning bylaw in the following respects or otherwise act thereon:

Add the following new section to follow after Section 323.1.2:

323.1.2: Lots in a Highway Corridor (HC) District zoned for single-or two-family residential use, with frontage on Worcester Street may, in the alternative, and subject to the approval of the Special Permit Granting Authority, develop the site for the following uses which shall be housed in a structure having less than 2,000 sq. ft. of floor area, with all means of access or egress from the lot being from or to Worcester St.: business or professional office, bank or other financial office, business training center; administrative offices, clerical offices, statistical offices, research and development; professional service establishment and Health Care professional office.

To see if the Town will vote to accept the following streets and any appurtenant easements as laid out and filed with the Town Clerk, and as shown on the street acceptance plans on file with the Town Clerk:

• Cordial Way
• Grace Circle
• Neil Circle
• Joshua Path
• Farm Hill Road (the extension of)
• Davis Brook Drive
• Woodbury Lane
• Pheasant Hollow Road (the extension of)
• Marie Path
• Samuel Path
• Katie Path

To see if the Town will vote to accept Whitridge Road and appurtenant easements as laid out and filed with the Town Clerk, and as shown on the street acceptance plan on file with the Town Clerk.

To see if the Town will vote to accept Prescott Ave and appurtenant easements as laid out and filed with the Town Clerk, and as shown on the street acceptance plan on file with the Town Clerk.

To accept, reject, modify, or take any other action with respect to the draft Town Meeting Member Handbook, as revised by the Town Meeting Member Handbook Revision Committee pursuant to Article 26 of the Fall 2004 Annual Town Meeting; and to take any other action or actions related to the foregoing, including (1) extending the term of the Town Meeting Member Handbook Revision Committee and (2) if necessary, re-appropriating funds for the production of the Handbook.

To receive the reports of Town agencies to whom subjects were referred at previous Town Meetings and to see if the Town will vote to take additional actions to refer these subjects.