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MetroWest Regional Transit Authority
37 Waverly St, Framingham, MA. 01702
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Advisory Board Meeting - November 30, 2009

Home » About MWRTA » Advisory Board Meeting - November 30, 2009
Date: 11/30/2009
Time: 4:30 p.m.

MetroWest Regional Transit Authority

Advisory Board

Meeting Minutes

Monday, November 30, 2009


          The MetroWest Regional Transit Authority Advisory Board met on Monday, November 30, 2009 at 4:30p.m., at the MetroWest Center for Independent Living, 280 Irving St. Framingham, MA, at the call of Mr. Carl Damigella, Vice Chairman, Holliston. Mr. Damigella asked for a roll call of communities. In attendance was; Edward Carr, Administrator, Charles Stevenson, Counsel, Christopher Peck, Sherborn, Charles Hughes, Natick, Brian Herr, Hopkinton, Kristin Kiesel, Sudbury and Joseph Nolan, Wayland. Also in attendance was Patrick Moynihan, Real Estate Consultant to the MWRTA. A quorum was not declared.   


Administrator’s Report:

·        Fixed Route Service:


           3 of 5 new buses arrived from the Mobility Assistance Program.

           Sherborn is starting subscription shuttle service on December 7th with the terminus at the Sherborn Inn.

           The Start of Marlborough Saturday service is still waiting for FTA funding to be transferred. The hope is that it will begin by the Holidays.



·        Demand Response:


Efforts continue in smoothing out operations, as successful progress is being made.


Comments on the Administrator’s Report:

There were no comments.


Old Business


·        37 Waverley St. Property:


           Pat Moynihan (Real Estate Consultant to the MWRTA) gave an overview of the proposed purchase and sales agreement:


           Mr. Moynihan and Ed Carr have been working with the landlord on the environmental issues that must be resolved before the building can be purchased.

Federal funding is in place for purchase and improvements as well as the 20% State match.

Authorization is being sought for the Administrator to enter into a signed purchase and sales agreement for 37 Waverley St.

Environmental cleanup is complete.

The MWRTA is responsible for the expense of installing an oil/water drainage system.

$805,000.00 is the purchase price.

$810,000.00 is the appraised price.

2.5% deposit is required, to be held by the seller’s attorney.

In order to ensure sufficient time for a title search, a March 1, 2010 timeframe will be sought. Seller is responsible for up to $25,000.00 in expenses related to title issues.

Seller has asked for some changes pertaining to the language of true and correct regarding environmental, in II of the document. The term “To the best of the seller’s knowledge” will be inserted. The same insertion will apply in III. Mr. Nolan stated that under Chapter 21E, the seller would still be responsible for any future environmental issues that relate to their timeframe of ownership.

Mr. Hughes suggested that if the property was destroyed in some way before the purchase took place, the insurance proceeds from the seller’s policy would go to the MWRTA, if the Authority decided to go forward with the purchase. The MWRTA would have the option not to go forward.

Mr. Damigella acknowledged the arrival of Mr. Jason Smith of Framingham, to the meeting, as well as declaring a quorum present. Mr. Smith was updated on what had previously been discussed.


Mr. Moynihan discussed the testing of soil and ground water. He stated that gasoline was detected in the soil and that environmental removal was performed at the expense of the landlord. He also stated that as part of the purchase and sales agreement   the seller must provide the MWRTA with documents from a licensed environmental contractor that 37 Waverley St. is in compliance with Chapter 21E. Mr. Damigella inquired about abutting property to the MWRTA. Mr. Moynihan stated that at this time, under the testing that was performed, there was no indication of infiltration from abutting properties. He stated that 9 wells were bored and tested, including inside the building.


Mr. Moynihan told the board that the seller must disclose to the MWRTA all leases that may pertain to 37 Waverley St. He also stated that the MWRTA has 6 months after purchase to discover any such leases.


 Mr. Hughes made a motion to authorize, with the recommended changes, the administrator to sign the purchase and sales agreement for 37 Waverley St., it was seconded by Mr. Smith and voted unanimously.


Mr. Hughes made a motion to waive the reading of the previous minutes, it was seconded by Mr. Peck and voted unanimously. Mr. Hughes made a motion to approve the previous minutes, it was seconded by Mr. Peck and voted unanimously.




·        New Business


Compensation Sub-committee report – Christopher Peck:


            The Sub-Committee met to review the goals/objectives for the Administrator.

Contract negotiations continue and the committee hopes to have a finalized document for a vote to be taken by the next meeting. The Committee recommends a raise for the existing contract to be effective January 2010, specific terms are still open to discussion.

The contract will need to be in compliance with the Public Quasi Compensation review report.

            The committee will distribute to the Board, before the next meeting, a draft of the proposed former contract of the Administrator, as well as a draft of the sub committee’s goals/objectives for the Administrator. The evaluation process, including compensation, is still in executive session and will be distributed to the board once the Administrator has a chance to respond to the evaluation and the Sub Committee concludes executive session.



·         Any other Business                                                                           


           Mr. Damigella stated that he hopes to report some progress in regards to arranging a sit down meeting with Milford officials. Represenitive Fernandes has suggested that this may be more plausible after the holidays.



·        Questions and comments from the audience:


           Tim Kelley of JFK Transportation had the following comments:

As a member of the Natick Disability Commission, Mr. Kelley would like to know the # of MWRIDE users from Natick.

           Mr. Kelley commented that there are no ridership #’s posted for the public to review.

           Mr. Kelley wanted to know what the justification was for expansion of service.

           Mr. Kelley commented that he observed a bus in a fire lane.

           Mr. Kelley commented about emails sent to the MWRTA.


           After discussion of the board, it was decided that total monthly ridership for the MWRTA will be posted on the website.

           After reviewing the overall monthly ridership totals, the board felt that it would show the justification for discussion of expansion.

           First Transit will investigate the fire lane allegation.

           Copies of emails sent to the MWRTA can be obtained by the sender.



The next meeting was scheduled for Monday, January 11, 2010 at 4:30pm.


Mr. Smith made a motion to adjourn: seconded by Mr. Peck and voted unanimously.



The meeting ended at 5:30pm   






The undersigned being the duly qualified clerk of the MetroWest Regional Transit Authority Advisory Board, acknowledges that the foregoing minutes accurately reflect the actions taken at a legally convened meeting of the Advisory Board held on November 30, 2009



                                                                                     Joseph F. Nolan, Clerk