Town of Natick - Board of Selectmen Minutes

Mr. Stern, seconded by Mr. Ciccariello, moved to enter into executive session for the purpose of discussing matters pertaining to litigation and real property. A roll call vote was unanimous and the Board so retired at 6:30 p.m. after announcing that the meeting would return to open session.

On a motion by Mr. McKinley, seconded by Mr. Ciccariello, the Board unanimously voted to approve John MacGillivray Director of Veterans’ Services’ request to hold the annual Veterans’ Day parade and ceremony on Sunday, November 11, 2001.

With regret the Board voted to accept the resignation of Peter Garland from the Recreation & Parks Advisory Commission and schedule a joint meeting with the Recreation Commission for December 3, 2001 to fill the vacancy. The vote was taken on a motion by Mr. Stern, seconded by Mr. Ciccariello.

Making the presentation on behalf of the Tax Classification Task Force was task force member Robert Eisenmenger. Mr. Eisenmenger began by noting that historically the Assessors in the state had a lot of freedom and used that freedom liberally. On the average almost all communities assessed businesses higher than homeowners. This became a big problem and the Court ruled that communities had to assess both at 100%. Throughout the Commonwealth the Board of Selectmen and Mayors had to face a dramatic increase in taxes and a law was passed that said communities could tax businesses higher than residential. Natick has never classified properties but almost half of the western suburbs did at some point.

Mr. Eisenmenger continued that the task force found that almost l/2 the communities in the western suburbs do classify and found that that was divided. Those communities east of Route 128 almost without exception have classified to the maximum which means the businesses pay 75% more than they would if there was a single tax rate. The suburbs near Route 495 for the most part do not classify. Natick is sort of in the middle of the western suburbs.

their charge. In reviewing the findings, Mr. Eisenmenger advised that the task force didn’t find towns with a minimum amount of businesses classifying – towns like Dover, Lincoln, etc. Throughout the state it was true that if there was less than 10% commercial and business, they do not classify. Communities with 30-40% business and commercial classify. Natick has 26% and with that (percentage) the communities who classify are 50/50.

Mr. Eisenmenger continued that a number of communities have classified and then changed their mind. When they do that, they tend to move away from classification. Concord classified and then backed off, but they don’t have much commercial. Hopkinton classified to a modest degree for many years and then backed off. Sudbury started classifying with a vengeance when they lost the Raytheon plant. They still assess 40% more for business, but have backed off from the maximum. Ashland was classifying but have backed off to a lower rate and one member of their Board of Selectmen thinks they will go with a single rate. Acton classified to a modest extent.

Mr. Eisenmenger continued that opponents of classification argue that it (classification) shouldn’t be done, particularly to the maximum, because it makes a town so unpopular that you have to give businesses a tax break. They found four communities that have had a number of tax breaks given to new businesses – towns such as Framingham. There were a couple of communities that don’t classify at all that have given tax breaks. Natick’s tax rate now as compared with the other 29 communities was slightly below the median, but roughly in the middle of the pack. Natick’s commercial and industrial tax rate was one of the lowest if you took out the Lincoln’s and Dover’s. Natick was the lowest except for Wellesley.

Mr. Eisenmenger further noted that there was a significant undercurrent of belief that expenditures were out of control and the Town had to have an override for Wilson because money was just spent like water. The committee found that the median spending per capita in the 1980’s was the median spending per capita last year. It hasn’t moved up or down. That also applies for schools. Natick offers more services than the typical community. Half of the communities don’t offer trash collection. Natick also has full day kindergarten and half the Towns don’t offer it.

Mr. Eisenmenger referred to the document which included a list of the Towns that have had operating overrides. Natick has had one and many other communities have had a lot more than one. Natick has had one debt exclusion and there were 14 communities with 7 or more. There was no evidence that the Town should be forced to consider classification or overrides because there has been irresponsible spending.

Mr. Eisenmenger pointed out that even when a town classified, it didn’t get any more money. It just means the business community bears the burden. He noted that the committee had a research associate work with the task force who was the daughter of the Planning Board chairman in Framingham and she interviewed a lot of business owners in Framingham.

With respect to the communities who have tried classification and backed off, Mr. Ball stated that he was hoping to find why they did so. Mr. Eisenmenger responded that Concord found that it was a very modest benefit to the residential people. During the 1990’s recession the business community complained and the Board of Selectmen said OK. Acton has flip flopped around. Sudbury went to classification when

and industrial dried up. Commercial and industrial properties were unlike residential. If a resident gets fired, they have to pay the full value of property tax, but for a business renting out property, the Assessors must capitalize that income. If a business doesn’t have the

Mr. Ball referred to the appendix of the report that gave an example of what the valuation shift does. Mr. Eisenmenger explained that there were three ways you can have a valuation shift. In Natick residential values have soared, but commercial values have not followed suit so there is a shift towards the residential taking a bigger hit.

the average residential bill would increase 9% and the average commercial would decrease by 14-l/2%. He asked if it were possible to choose a split tax rate so that the percentage of change up and down for residential and commercial taxpayers would be the same percentage.

Paul Greismer, a member of the Tax Classification Task Force, responded that the answer to Mr. Ball’s question would be ‘yes’ and ‘no’. As a class the answer was, ‘yes’, but there were shifts within each class. Mr. Ball then asked if it would be possible to choose a classification rate that would not penalize residents while giving the present status to commercial. He was struck by the inequity. It happened this past year. Natick Mall paid $100,000 less in taxes.

Mr. McKinley noted that he had read the same analysis and found it intriguing. In effect the proposal was that the tax rate be used as a rubber band between the two to minimize it up and down, but to make that work wouldn’t you have to take out the new growth in any given year. Mr. Greismer’s response was, ‘yes’, and Mr. McKinley followed-up by asking when it (new growth) gets put back in and how do you compensate for it. Mr. Greismer noted that you can get to any answer you want, and if several years were averaged, you might be able to approximate it (new growth).

Mr. Stern commented that the controversy and debate surrounding a split tax rate has been going on for some time. He thanked the members of the committee for a report that sheds objective light on the issue. It was crystal clear and thoroughly objective. He knew that a tremendous amount of work went into this and he again thanked the committee.

Mr. Hughes told the Board that he understood that the Director of Assessment William Chenard’s request was for the Board to vote on the tax classification the night of the hearing because he has to get the figures into the state. Mr. Ball advised that he would not be present at the hearing.

Mr. Hughes prefaced the vote by noting that the Board has been in the process of appointing a fire chief to succeed Fire Chief Richard Fredette who is retiring in January. The Board had been asked to make an appointment now so that the new chief can participate in the new budget go-around.

Ballots were distributed and prior to them being tallied, Mr. Hughes emphasized that he thought the Town would be well served by either candidate. By paper ballot the Board voted to appoint Deputy Chief James Brien as the Natick Fire Chief to replace retiring Chief Richard Fredette. The vote was as follows:

Mr. Hughes stated that based on the interview he found Deputy Brien’s management style and goals much more suitable for the department. Mr. Hughes also cited Deputy Brien’s goal to continue in the purchase of equipment as outlined by Chief Fredette.

Mr. McKinley stated that in his discussion with members of the department at all levels, he was particularly impressed with the perception of Deputy Brien in his management style, and in dealing with individual members of the department. The next few years will probably represent somewhat difficult times for Natick financially and a strong sense of teamwork throughout the entire Town will be important. He (Mr. McKinley) came away thinking that the respect afforded Deputy Brien in terms of management style and approach to the men would be very valuable. It wasn’t often that the Board of Selectmen gets to make a good decision no matter what it does, and no matter how it went, it would have been a good decision for the Town.

Mr. Ball noted that this was an extraordinarily difficult decision for him as these were two extraordinarily qualified candidates. He explained that his decision to vote for Deputy Brien was based on a perception of management style. Otherwise he thought the two were indistinguishable and that was the sole issue on which he based his vote. Both were extraordinarily well qualified and the Town would be well served regardless of how the vote came out.

Mr. Ciccariello concurred with the other members of the Board on the difficulty of the decision and he commended both candidates. In his opinion Deputy Brien’s management style was more conducive to the present work force in the department and his (Deputy Brien’s) low key approach working with men to solve problems was probably the reason that swung his vote. He liked Deputy Brien’s overall attitude and philosophy of where the department was headed.

Conservation Commission Chairman George Bain showed a diagram of what has been acquired and noted that about 75% or more was wet land. There was a large vernal pool and a small vernal pool. This was a unique piece of property that will add to the open space in the Town. Local people in the area have been concerned about what would happen to this property.

Mr. Hughes noted that the access on Front Street seems to have been grown over as someone’s lawn and asked what the Conservation Commission planned to do. Mr. Bain responded that he was not sure how the access would be set up, but he thought something would have to be negotiated

with the people (who were using the property as a lawn). He added that this property was not just for people of Front Street and Leach Lane. It was for everybody in Natick. The dream would be to connect it all the way from north Natick to South Natick.

Mr. Ciccariello inquired if it was the intent of the Conservation Commission to develop trail ways. Mr. Bain advised that the Commission would have to investigate that first. This was mostly wetlands and mostly for very passive types of use.

pay the difference between military pay and his/her salary for all Town employees. Mr. White noted that Veterans’ Day was approaching this weekend which was a way for the Town to show gratitude and appreciation for those who have served, and he thought this resolution would be a way to take care of those who may be serving in the future. There were six communities that have done this already and many more were getting on board. He would like Natick to do this and show how much they feel for their employees.

Mr. Hughes asked if Mr. White expected the bill filed in the Legislature to be reported favorably and signed by the Governor. Mr. White responded that six other communities have done this on their own and he would like Natick to do it. He didn’t want to see the Town wait around as there have been people already notified that they could be activated. No on has actually be activated, but they have been put on notice.

Mr. Conley noted that the Towns that have already done this have done it by resolution and he inquired as to what form. Mr. White said he thought it had been done by resolution and he didn’t think it had to be bargained. Mr. Conley then asked if there was a local acceptance statute so that the Town can only do it if the statute was accepted. Again Mr. White stated that he believed the Board could do it, but Mr. Conley stated that he would prefer to look at it.

Mr. Cohen pointed out that communities that have done it to date were cities and can do it through their city counsel. Natick has a Town Meeting form of government. The Personnel Board By-Law provides for 15 consecutive days of military pay and a Town Meeting article would be needed to make an amendment. His advice was to take it under advisement.

Mr. Cohen noted that his suggestion to David Baier of the MMA was to have the legislation be a local acceptance by the executive body. With 15 days available to people, he thought there was some time before having to do something. The Legislature would be in recess in just over two weeks and this bill will be in and out. He felt the bill would have an emergency preamble so it won’t be the 90 days.

Mr. McKinley stated that he was favorably disposed to this, but one question has to do with benefits. If the pay were the difference between the military and the Town pay, wouldn’t it be the same with benefits. Mr. White pointed out that if an employee is activated and his family was here, the health insurance carried by the Town could be better than the military. Asked if he was suggesting a continuation of health insurance cover, Mr. White advised that he was.

Mr. Hartwell spoke against tabling. For the four members of the Fire Department it was more than just an issue of not going to work – their spouses won’t have the ability to work. It was not just one income. They will now be down two incomes. These employees were a phone call away from being activated and it would be a good feeling for them to know where their next paycheck was going to be. The paperwork for this resolution was submitted three weeks ago and now the Board tabled it for two more weeks.

Mr. McKinley agreed with Mr. Hughes and he too felt the Board didn’t have the power to do it. He pointed out that even bargained contracts require Town Meeting’s approval, and this would probably require either Town Meeting approval or legislation that allows for executive approval. To him the two weeks would be well spent to dot the “I’s” and cross the “T’s”.

Chief Mannix advised that he had spoken with Finance Director Robert Palmer about the police detail billing. There were a number of businesses in arrears 90 days and many of the ones, on which he recommends holding services, were no longer requesting service. Those were old bills that may need to go for legal action. He (Chief Mannix) has a posting list of all accounts that were delinquent to the extent they should not be given a detail and they will be told immediately that no detail is authorized until the account is straightened out.

Mr. Stern noted that he did not agree with some of Mr. Palmer’s recommendations and thought more information was needed as to when delinquent notices were sent out to companies in arrears more than 90 days. He would also like to know how many days after receiving notice, it should be sent to collection. Once it was in process, he would like to know what the process was and know what the arrangements were for making a decision on whether to continue service.

Mr. Ciccariello noted that the list before the Board was done October 14th and some of the 60-day accounts will go into 90 days. He questioned how long they would be given before pursuing it. Some accounts will run up to $30-40,000 over a period of time.

Mr. McKinley felt that presumably Mr. Palmer understood who was overdue and he was instructing the chief to deny service. Perhaps the question should be directed to Mr. Palmer as to whether he was adhering to the Board’s policy and if so how was it being done. Was he moving forward or was he (Mr. Palmer) finding it impossible to collect these debts. Mr. Palmer did the first step and turned off service for some. Some others he didn’t turn off and he may have a good reason.

The committee discussed the timing of the change in the light cycles at Speen Street and Superior Drive. The matter was referred to Sgt. Davis for discussion with state officials responsible for the lights. Sergeant Davis reported that after reviewing the timing with Mass Highway, the cycle was timed property and should not be changed.

The committee discussed Howe Street safety concerns and recommended installing two signs; the first a SHARE THE ROAD sign placed on the south side of Howe Street at Longview Street; and the second a STOP sign, on Howe Street, at the intersection of Howe & Nolin.

The committee discussed pedestrian crossing on West Central St. and recommended the Police Department send a letter to Mass Highway to repaint crosswalk and install high-visibility pedestrian crossing signs. The letter was sent on or about October 20, 2001.

The committee discussed and recommended moving the Broadmoor Sanctuary sign on Eliot Street, which had been blocking the view of motorists exiting Everett Street intent on traveling east on Eliot Street. The sign has been repositioned so that it no longer obscures the view of eastbound traffic.

Kevin Crowley, Principal of the Johnson School, sent a memo to Chief Mannix addressing the concerns of Paula Kimball regarding the Johnson School and surrounding property. The police department will continue to monitor the use of the emergency vehicle access by privately owned vehicles.

10. The committee discussed the issue of traffic back up at Route 135/Speen Street and voted to refer the matter to the police department. The police department reports that the timing of the light cycles at Speen Street and West Central Street and Speen Street and Mill Street would need to be coordinated to improve the traffic flow in this area. Mass Highway regulates the lights and the police department will review the issue with Mass Highway’s signal division.

11. Parking conditions on Randall Court remain an issue under consideration by the committee. Chief Mannix will call for a neighborhood meeting to involve all the residents impacted by a change to the existing parking regulations on this street.

Mr. Fong explained that this was a petition to transfer the common victualer’s license to another corporation. What was happening was a change in concept from Chinese style to Japanese with sushi. To entice a specialty chef, the chef was purchasing an interest in the

It was Mr. McKinley’s understanding that the transfer of the common victualer’s license was of no interest unless the alcohol was transferred as well. Mr. Fong confirmed that as being correct, and Mr. McKinley suggested that the Board table the common victualer’s license and move on.

Mr. Fong again stated that the transfer of license was due to a change in corporate ownership and a change in concept. The alcohol license transfer goes part and parcel with the transfer request for the common victualer’s license. Mr. Fong also noted that some questions had been raised about the floor plan and a new floor plan had been submitted that he thought addressed those questions.

Mr. McKinley noted that the new floor plan may have addressed the concerns but there was a letter from Attorney David DeLuca of Town Counsel’s office and he (Mr. McKinley) wasn’t sure that Mr. DeLuca was saying it was OK or not.

Mr. Fong referred to the plan and explained that the solid black line at the lower edge of the oval was clear glass from floor to about seven feet. These were design elements. The rest of the oval was basically solid l/2 walls up to about seven feet, making the area sort of like a room.

Mr. McKinley noted that there would be no seating at the sushi bar. Mr. Fong confirmed that as being correct and added that the present plan was that the sushi bar would be more of a service bar. He stated that there was some difficulty in the way the regulations of the Town read with respect to counters and bars. Perhaps it had been written at a time when no one anticipated there would be such a thing as a sushi bar. He didn’t intend to make a big deal out of it now, but he may be back to the Board with a request for some clarification and ask for some changes.

Mr. Li responded that he would probably try to be at the new establishment as often as he could, but he has another restaurant to take care of. He has committed to being there 40-50 hours a week, but eventually his hours will be reduced to between 30-35 hours a week.

Mr. Ball questioned if 30 hours a week were enough, and Mr. Fong responded that there should be a distinction made between a manager of record as opposed to the fact that the Board has a named body to whom all inquires will be directed. He (Mr. Li) is responsible to the Board for the behavior of the licensee. When Mr. Li was not there, there is an assistant manager.

Mr. Ball disagreed with Mr. Fong, noting that it was his understanding that the individual named as manager for alcohol was a person who was there the majority of the time and oversees the service of alcohol. He would be much more comfortable with the manager for the alcohol license being someone there essentially full-time. He understood Mr. Li had responsibilities elsewhere and he (Mr. Ball) was uncomfortable with Mr. Li’s name on the license even though he is the responsible individual. Mr. Ball asked if there was someone else who was expected to be there on a more predictable full-time basis.

responsible to the Board. He didn’t know there was a minimum number of hours, he was merely addressing the obligation the manager has to the Board. Any time Mr. Li is not there, there will be an assistant manager, but Mr. Li intends to spend a lot of time there.

Mr. McKinley moved to approve the transfer of the common victualer’s license held by Ming House, Inc. to Minoga, Inc. d/b/a Oga’s Japanese Cuisine for premises at 915 Worcester Street. Seconded by Mr. Ciccariello and unanimously voted.

Mr. McKinley then moved to approve the transfer of the all alcoholic common victualer’s license held by Ming House, Inc. to Minoga, Inc. d/b/a Oga’s Japanese Cuisine for premises at 915 Worcester Street. Seconded by Mr. Stern and unanimously voted.

Mr. Shortsleeve explained that the Restructuring Act has a provision to allow communities to convert streetlights to ownership by the municipality. The municipality then only pays NSTAR the cost of the delivery of the electricity, and the community assumes responsibility to maintain the lights. The municipality buys the streetlights from NSTAR at the book value of the lights.

Right now Natick was paying 24-27 per KWH, and when you go to this distribution (Natick owning the lights), the whole thing drops to 6-7. The difference was what creates an initial gross savings. That number in this case was $193,000 or the difference between the amount paid to Boston Edison before buying the lights and what would be paid after you buy the lights. However, from that amount, there were other costs. There was the cost of debt service and operating costs.

Mr. Shortsleeve continued that he modeled those various costs and tried to be conservative. His company has done this type of feasibility for 25-26 communities including Brookline, Chelsea. Framingham and Winchester just completed the process of converting the streetlights. The process starts with a feasibility study and then goes through the steps of conversion. In Brookline the projected savings was $308,000 and the actual number was now $372,000. Chelsea was at $61,000 and was now at $88,000. This sort of improvement in projected vs real was seen across-the-board.

Mr. Shortsleeve continued that the Town has correspondence from the utility with a purchase price quoted with a depreciation date of December 1998 and that needs to be updated. Normal depreciation was about $50,000 a year. After subtracting out debt and the maintenance contract and miscellaneous costs such as police details and insurance, he projected that Natick would come up with a net savings of $52,000.

Mr. Hughes asked if the Town would contract with a maintenance company, and Mr. Shortsleeve responded that most municipalities procure a lump sum maintenance contract. The model choice is a lump sum where a vendor will say for ‘x’ I will maintain your streetlights. Sometimes a menu approach was used, but the lump sum was the easiest to deal with. Typically the contract would be 3 years.

Mr. Cohen noted that Reading was a big player. They were a municipal utility that focuses on streetlight maintenance. Wellesley serves Newton and a private company operates in Woburn. The trend was for NSTAR to get out of this business.

Mr. Hughes inquired as to what had to be done next if the Board wanted to go forward, and Mr. Cohen responded that the Board would have to authorize BayState to file a conversion notice with NSTAR and commence negotiations. The goal was to bring it to Town Meeting.

Mr. Ball asked where the $16,000 would come from, and Mr. Cohen advised that it would be from the streetlighting budget and at the end of the year an adjustment would be made. Whether or not the streetlighting budget would require an additional appropriation from the Finance Committee would depend on how the year finished. Mr. McKinley suggested giving the Finance Committee a heads up on what’s going on.

Mr. Kepner distributed maps showing the location and explained that MCI was proposing to start by placing fiber optic cable less than l/2” in diameter. The cable would start at Mall Road, run down to Speen Street, and come up to the Natick/Framingham town line. The lines were needed to service TJX Company in Framingham. Mr. Kepner stated that he had checked these poles and they were relatively clean with quite a bit of space.

Mr. Ball recalled that when the Wonder Bread facility was negotiated with the Town to put fiber through conduits, it appeared to him that the Town was in a position to have the legal authority to charge for the right-of-way. He was confused because in this situation the cable was up on poles in the same place as telephone lines and power lines. He questioned if it was appropriate for the Board to make a determination as to whether there should be fees and if so on what basis.

Mr. Cohen responded that this application had been reviewed by Attorney Peter Epstein. In Mr. Epstein’s opinion this was not a public utility and the Town has the right to charge a fee for the use of the right-of-way. This is an area where the law has not caught up with the technology.

Community Development Director Sarkis Sarkisian briefed the Board on what’s happening with fiber optic. He explained that there was a conduit on Speen Street but the link has not been completed. There was a missing section that has not been completed. The Board adopted a policy for overhead conduit, but a price per linear foot was not put on it. As to why there should be a charge, Mr. Sarkisian pointed out that in looking at the poles there was not just telephone and cable wires,

but some poles have 6 lines. The lines cause other problems with the trees. Mr. Sarkisian further pointed out that NSTAR was also before the Board proposing another route. That was almost 8 lines of cable running through town. Some utility poles have so much fiber and wire that extra guy wires were needed.

Mr. Sarkisian continued that in 1998 Town Meeting approved burying the wires underground for the East Central Street section of the downtown at a cost of about $240,000. The Town has to pay for it. This proposed fiber was rerouting around Town Hall and one option was to share in those costs. Mr. Sarkisian noted that MCI Worldcom was coming down Union Street and he would love to build a sidewalk on Union Street and that could be another option – getting sidewalks constructed. He further noted that the street tree budget has been level-funded and may

Mr. Ciccariello recalled that the Tech Commons agreement required them to take down the poles. Mr. Sarkisian explained that they were required to bury poles along Flutie Pass, but they were not required to bury the utility lines by Frugal Fanny’s. In follow-up Mr. Ciccariello questioned that since it was such a small cable, why couldn’t the Town require them to go underground. Mr. Sarkisian noted that burying the cable was very disruptive, and the Town would have to ask Worldcom if they wanted to pay for it. It would be a major inconvenience since some of the streets have been resurfaced.

Referring back to Mr. Sarkisian’s statement that some of the conduit from the Tech Commons agreement wasn’t done, Mr. Hughes inquired as to why it wasn’t completed. Mr. Sarkisian responded that in the tech industry everyone was retrenching and added that the agreement with Natick was that Tech Commons pay $25,000 per year once the conduit was in and utilized.

Mr. Ball moved to continue the public hearing and that chair designate a subcommittee of two to deal with the potential fee issue and have the committee report back to the Board on November 19th or December 3, 2001. Seconded by Mr. McKinley and unanimously voted. Mr. Hughes and Mr. Ball were designated as the subcommittee.

Asked if he was OK with this, Mr. Sarkisian advised that this was a DPW issue. The cutoff for street opening permits was usually around November 15th, but he would like to see any work on Route 135 done as soon as possible. He has been told by Mass Highway that they will advertise the Route 135 project February 23rd. Any street work that can be done before that he would recommend. Mr. Sarkisian also noted that

Mr. Hughes commented that this was another application with a fee negotiation. Mr. Cohen proposed allowing NSTAR to do the underground work and then address the larger issue of fees. Mr. McKinley, however, felt that presumably NSTAR wouldn’t agree to that since once it was in the ground, the Town could charge what it wanted. He suggested perhaps using a flat fee based on footage, and Mr. Cohen responded that BJ’s

Mr. Phillips also complained that when the oil tanks were taken out, the gas company ran new gas lines and the streets haven’t had any addition since that time. Whatever the Board does in making these decisions for these projects, he asked that someone be authorized to make sure that the conditions of the properties were both put back in order and maintained so it was not a detriment to the neighborhood.

Dr. Salamoff reported that with respect to the course conditions: l) delaying the opening until the Fall growing season has kept the golf course in good shape; 2) Until recently the grass was still growing and as a result the course not only repaired itself but continued to fill in areas of runoffs; 3) Tees and greens continue to be in excellent condition; 4) Holes 3&4 continue to need work due to the environmental restrictions governing turf management programs; 5) A meeting will be set soon with the Natick and Sherborn Conservation Commissions along with the Sassamon Trace Greens Superintendent and an expert from the University of Rhode Island to discuss new safe turf management techniques and integrated pest control programs.

Play at the Course: Dr. Salamoff advised that through Thursday, November 1, 2001 over 7,000 rounds had been played resulting in about $102,000 in revenues for greens fees and cart rentals. It was about 60-40 in residents to non-residents. The course would stay open until Thanksgiving.

Buildings: Dr. Salamoff reported that the maintenance building had gone out to bid. A preconstruction meeting was scheduled for November 9th. Sub-bids in HVAC, electrical and plumbing, and masonry were due November 20th and the general overall contract bid was due November 20, 2001.

With respect to the clubhouse, in an attempt to greatly lower the cost of the clubhouse building, the Town has entered into negotiations with Keefe Vocational Tech to do the actual construction of the building in accordance with the plans of Weaver Associates. The foundation and HVAC will be subcontracted. The trailer has served well as a temporary clubhouse, but was limited.

Membership: In lieu of seasonal memberships, the committee is examining coupon books in which people would get (6) rounds for the price of five (5) or one free round for every five purchased. Membership fees would have to be too high to make it worthwhile to the Town, but Dr. Salamoff stressed that this was by no means a done deal.

Miscellaneous: State handicaps will be available next season for those who wish to have a handicap to enable them to play in state tournaments and at tournaments at other golf courses. There is a nominal fee from the state for this service. Dr. Salamoff reported that the high school golf team finished its first season with three wins and thirteen losses. The high school players worked on the course after practices fixing divot marks and ball marks.

In summary Dr. Salamoff told the Board that the Golf Course Oversight Committee was quite pleased with the enthusiastic reception Sassamon Trace has received. Golfers were coming back and playing on a regular basis. The course was mainly geared to the novice and intermediate

Mr. Stern asked if any thought had been given to increasing the resident discount. Dr. Salamoff advised that there had been some thought given to it and the committee will continue to think about it in the winter. He noted that before coming up with the fees, they got the fees from all nine-hole courses. Natick was in the middle. He also noted that when someone buys 18 holes, the fee drastically drops. Plus there is a senior rate.

Mr. Stern then asked for a comparison of the projection that was made in revenues from opening day to closing vs what was taken in. Dr. Salamoff responded that the revenue was way above and way ahead of what was expected. When asked what was expected, Mr. Conley replied that he would get that figure for Mr. Stern.

Noting that the money was deposited into an enterprise fund, Mr. Stern inquired as to who makes those deposits and was told by Dr. Salamoff that it was on the computer. You can get an up to the second running detail at any time. Dr. Salamoff stressed that no one was ‘comped’

Mr. Hughes called attention to a letter from Thomas Steel, RCN Vice-President and Regulatory Counsel, indicating that he wouldn’t be here tonight. Mr. Hughes requested that a letter be sent to Mr. Steel indicating that if RCN was not going to complete the underground construction in accordance with the contract, RCN should get in here pretty quick for an extension.

Jeff Phillips inquired as to the Board’s policy on recognizing individuals to speak as he had tried to get recognized on the reserve call up. Mr. Phillips noted that Town Meeting is the appropriating body and if money were needed in excess of the budget, a Town Meeting vote would be required. The Board of Selectmen can make policy decisions, but he recommended that there be a conversation with people on the third floor (School Committee) as there was nothing the Board could do that would include the school personnel. The School Committee would have to make a similar policy decision.

Mr. Ciccariello reported that there had been some allegations back and forth with the Neighborhood Association. There was a meeting with the Advisory Committee and the issues were discussed. There were nine issues that were brought to the committee’s attention and a couple were resolved at the meeting. The Board has copies of the correspondence between the parties and responses from Town Counsel.

Also raised was the sewer line that was constructed across APR property. It was the Advisory Board’s understanding that it was a legal sewer line and the DPW and Board of Health have been meeting with the farm to discuss this issue. The State has been asked for a legal

To the complaint of offensive uses, Mr. Ciccariello noted that Director of Board of Health Roger Wade believes there are certain laws that apply. Mr. Wade has not received a lot of complaints, but if a neighbor has a complaint it needs to be directed to Mr. Wade and he can visit the site.

If Lookout Farm was asked to produce its records for the farmstand, Mr. Ball inquired as to whom Mr. Ciccariello foresaw reviewing those records to determine if an item was produced or not produced on the farm. Mr. Ciccariello responded that it was probably the responsibility of the Advisory Committee and maybe they would put a subcommittee together.

Mr. McKinley felt that a CPA should be brought in and added if an effort was being made to reduce or shut down an operation, there needed to be a professional review. Mr. Ciccariello responded that the first step would be that Lookout Farm have it done by a CPA. Mr. Hughes, however, thought that this was jumping ahead and the Board should first see if the farm has the records that show what they are selling and what is related to the farm and what is not. Lookout Farm was on the next agenda to request an APR amendment to convert a greenhouse to a bakery and maybe the Board could ask Attorney Ritzenberg if he could answer some of these questions.

Chairman of the Lookout Farm Advisory Committee Kenneth Soderholm advised that the Farm went before the Conservation Commission and the Conservation Commission advises the Board of Selectmen. The Conservation Commission didn’t have a problem with the change in use (from greenhouse to bakery) but wanted to see evidence that the 50% rule was being adhered to.

Mr. Hughes requested that Mr. Sisitsky and the DPW attend the next meeting in regard to the sewer line. If the farm doesn’t have a permit, why were they allowed to hook it up? Somebody should know why the farm was allowed to hook up a line for two houses.

Mr. Conley noted that in the past it had been the practice to have a report of the Town Administrator, but it had been stopped. Before the Board was a draft of a Town Administrator’s report that was an attempt to start it up again. This would be a place to put those items that arose at previous meetings and for which he was responsible.

Mr. Ball continued that the vehicles were not perks. They are a value to employees who have them. Mr. Conley suggested, and he (Mr. Ball) agreed, that in the next round of negotiations that they (cars) be put clearly on the table. It was worth $3,000-4,000 per year and the dollar value to the employee should be recognized. If those three happen in a timely fashion, he (Mr. Ball) was satisfied that the issue has been dealt with.

Mr. Ciccariello felt there was one missing link. He would like to know what the vehicles cost on an annual basis for fuel consumption, insurance, but this was headed in the right direction. He suggested that the procedure outlined in Mr. Conley’s memo be implemented, keep track of the expenses, and come back in about 4-6 months when there was something to look at – fuel, mileage, maintenance.

The second issue on the report was the status of Augusta Grille. There was an issue with litigation relative to a liquor license application that Augusta Grille had appealed to Superior Court. There was also the issue of the food establishment working under the name of Casamia and the question of whether the common victualer’s license should continue to be under the name of Augusta Grille. Mr. Hughes asked that a letter be sent to Augusta Grille advising that the license would have to be transferred to Casamia.

With regard to TCAN, Mr. Conley advised that he had been told this afternoon that with the exception of the variance issued by the Selectmen for parking, the other variance requests will be withdrawn. TCAN had previously filed an application with the ZBA for three variances – l for height, l for setback, and 1 for parking. The height related to the restoration of the old hose tower for architectural reasons. The setback was for the construction of the small storage building which also serves as a main stairwell into the building. TCAN has suggested that three parking spaces in front of the Summer Street entrance of Debsan’s would be converted into handicapped spaces and those three spaces would be eliminated.

Mr. Ball added that there was purported to be an entrance to the forest on Route 9 marked by the stone. He didn’t know where it was, but perhaps the stone should be picked up and carried over to Oak Street. This was an obligation that dates back over 70 years.

Mr. Ball asked about the consultant to look at the injection point of fluosolic acid in the water supply, and Mr. Conley advised that he couldn’t find anybody who was an expert. If he got suggestions he would be happy to talk to them.

A motion was made by Mr. McKinley, seconded by Mr. Ball, to approve the renewal of The Deli, Inc. d/b/a Joan & Ed’s Deli’s liquor license for 2002. Joan’s & Ed’s Deli’s license had not been approved at the time of liquor license renewals because of an overdue tax balance.

Community Development Director Sarkis Sarkisian reported that he had attended the Framingham Board of Selectmen’s meeting last week. The Framingham Selectmen voted to refer the article back to the various boards and committees as the feeling was that this land needs more of a

Mr. Sarkisian responded that that was why there was a need to get both boards together. There were other options out there. Mr. Sarkisian also noted that there was a big push in the neighborhood group to save that land. Framingham was applying for a grant to buy land in North Framingham for open space when in South Framingham there was very little. One option may be joint ownership between the two towns and there was some grant funding out there.

Mr. Ciccariello advised that the architect had not seen Mr. Flynn’s comments. The Building Committee has seen the original contract and voted to support it with any conditions put on by Town Counsel. He (Mr. Ciccariello) would like to get it back to the architect for their final review and see if the contract can get resolved and awarded.

Mr. McKinley inquired as to the estimate for the architect and construction, and was told by Mr. Ciccariello that the architect was $47,000 to be taken out of a grant for $60,000. There was no construction. Mr. Ciccariello added that the architect’s original fee proposal was for 2% of the construction cost which would be in the $90,000’s. The $13,000 of the grant has been set aside for field survey work and any soils engineering work on a preliminary basis.

Mr. Stern noted that there had been a series of reports on Channel 4 reporting that there were very few communities that were certified for emergency response to biological hazards/terror. It was his understanding that there was a state mandate to do that. Each town was supposed to have an emergency management committee and he inquired if Natick had such a committee and if so, was it active and if not, why not.