Town of Natick - Board of Selectmen Minutes

The meeting was called to order by the Chairman Charles M. Hughes at

PRESENT: Charles M. Hughes, Paul R. McKinley, Jeffrey A. Stern, John Ciccariello. Absent: Jay H. Ball

ALSO PRESENT: Frederick C. Conley, Town Administrator; Donna Challis, Secretary;

WARRANTS: Payroll warrants were signed by the Board of Selectmen on November 19, 2001 in the amount of $489,928.64. This figure was included in total warrants signed by the Board of Selectmen of $1,548,095.06.

Mr. Ciccariello, seconded by Mr. McKinley, moved to enter into executive session for the purpose of discussing matters pertaining to compensation for non-union personnel. 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. Mr. Stern had not as yet and did not vote on the motion to enter executive session.

On a motion by Mr. McKinley, seconded by Mr. Ciccariello, the Board unanimously voted to approve the minutes of the October 1, 2001 meeting.

Mr. McKinley, seconded by Mr. Hughes, moved approval of the minutes of the October 5, 2001 meeting. The vote was 2-0-2. Mr. McKinley and Mr. Hughes voted in favor. Mr. Stern and Mr. Ciccariello abstained as they had not attended the meeting.

INTERVIEWS FOR APPOINTMENT TO RECREATION & PARK COMMISSION: (2)

The Board announced that there were three vacancies on the Recreation & Parks Commission. Two were appointed by the Board of Selectmen and one was for an elected position that would be filled jointly by the Board of Selectmen and the Recreation Commission.

Jason Giannetti told the Board that his property abuts Pegan Cove. He has tried to keep that park clean and orderly and thought that he would like to help with the other open spaces in Natick.

Timothy Kelley told the Board that he was a graduate of Natick High School and has had a professional relationship with Dick Cugini, Superintendent of Parks & Recreation, for a number of years. Mr.

Kelley noted that his company services the transportation needs of the Recreation Department.

Mr. Kelley continued that he would like to be involved on a commission that makes great things happen and he has 17 years of experience working with special needs individuals.

Mr. Stern asked if Mr. Kelley had given any thought to possible conflict of interest and how he would handle it. Mr. Kelley responded that he was not sure how much of a conflict that would be and would like to have a conversation with Mr. Cugini.

Larry Rosen noted that he has been living in Natick for about three years and was interested in park and recreation opportunities for kids and adults and to become more involved in the Town. He came from Colorado where he was very involved in open space and parks and recreation and felt he could bring a different perspective to the parks and recreation here.

Mr. McKinley asked that Mr. Rosen be more specific about his experience in Colorado, and Mr. Rosen explained that he worked with a lot of recreation centers mostly helping keep open space open, managing

INTERVIEWS FOR APPOINTMENT TO RECREATION & PARK COMMISSION: (2) (contd)

trails, coaching kids. He was not on a recreation commission, but volunteered his time.

Mr. Ciccariello inquired as to Mr. Rosen’s background, and Mr. Rosen responded that he worked for Sapient Business and Technology Consulting managing a large scale business and technology implementation for financial service. He had 20 years experience in technology management and financial management.

The vote for candidates was taken by paper ballot with the following results. Each Selectman voted for two:

Larry Rosen received 4 votes

Timothy Kelley received 2 votes

Jason Giannetti received 2 votes

Larry Rosen was appointed to fill one of the Recreation vacancies.

The breakdown of the vote was as follows:

Mr. Hughes voted for Larry Rosen & Timothy Kelley

Mr. McKinley voted for Larry Rosen & Timothy Kelley

Mr. Stern voted for Larry Rosen & Jason Giannetti

Mr. Ciccariello voted for Larry Rosen & Jason Giannetti

The Board was scheduled to meet with the Recreation Commission on December 3rd to fill the elected position, and Mr. Hughes suggested that both Mr. Giannetti and Mr. Kelley return at that time and both their applications would be considered for that position.

Mr. Ciccariello requested a clarification of the conflict of interest, and Mr. Hughes asked that Mr. Kelley call the office with the information on the contracts and the office will check with Town Counsel.

TRANSFER OF COMMON VICTUALER’S LICENSE FROM AUGUSTA GRILLE TO CASAMIA CAFÉ AND BAKERY

Representing Casamia Café and Bakery was the owner Larry Tsai.

Mr. McKinley inquired as to Casamia’s operating hours and was told by Mr. Tsai that the hours were 9-5 Monday-Thursday, 9-7 Friday and Saturday, and 9-6 Sunday. Mr. Tsai acknowledged that he was aware of the hour limitation under the special permit.

A motion was made by Mr. Stern, seconded by Mr. Ciccariello, to approve the transfer of the common victualer’s license held by Augusta Grille to Casamia Café and Bakery for premises at 218 Speen Street. In accordance with the Planning Board special permit the operating hours to be limited to 6:00 a.m.-9:00 p.m. Unanimously voted.

DEPARTMENT PRESENTATION: MORSE INSTITUTE LIBRARY

Representing the Library were the Director, Paula Polk; Assistant Director Brenda Castino; and Outreach Director Joan Craig.

Ms. Polk stated that the Trustees, library staff, Friends of the Library and volunteers working in partnership with the library share one vision – making a difference in the lives and an important contribution to the community. The library was a place for everyone and includes cultural, educational and recreational activities. Ms. Polk highlighted some of the library’s programs which include the family literacy project, computer lab, children’s story hour.

Ms. Polk continued that the library checks out over 400,000 items to patrons and the new bookmobile will allow them to resume outreach efforts. In early December they will expand services to the middle school with programs and homework help. As the library use and circulation increase, but the dark fiscal climate continues, the Trustees and staff have undertaken a strategic planning process to find out what age groups use it most and what are the most popular programs and are there any unmet needs. There has been a 73% increase in library circulation and a 200% increase in circulation services.

Ms. Polk continued that the data and feedback being gathered from services and groups will help the library make important decisions on

programs and services for years to come. The library is a place of opportunity and never more important for the community as it is today.

Ms. Polk introduced Assistant Director Brenda Castino and Outreach Director Joan Craig.

Ms. Castino noted that she was responsible for two main areas – one was collection development, which involves selection and processing of all new materials being brought. The second was the management of the

DEPARTMENT PRESENTATION: MORSE INSTITUTE LIBRARY (contd)

technology – the library’s computer systems and interface with the Minuteman network, which was a consortium of 40 western libraries. Minuteman was one of the top networks.

Ms. Castino continued that for many users one of the most exciting aspects was available use from home. It was available with only using a library card number, and people can request materials from the library and view or manage their account. People can also request E-mail notification for reservations and other services. Ms. Castino recognized the generosity of Cognex, AT&T Road Runner, and a grant from the Mass Library Commission for the operation of the library’s computer system.

Joan Craig distributed folders of information on the library programs. She told the Board that she has been overseeing the customer service committee and the customer service grant from the Mass Library Commissioners. Numerous inservice training sessions were held for the staff, and the library was closed for two days for the staff to learn how to better handle the public and work with themselves. The customer service committee meets once a month.

In addition, Ms. Craig advised that a staff manual had been put together. When new individuals begin, they are given the information and taken on a tour.

Ms. Craig further noted that since the library has opened, there has been a comment and suggestion box, which has proven to be very helpful. Recently it was mentioned how difficult it was to see from the street if the library was open or closed. The suggestion was to put out a flag, and the library now has an open flag.

Ms. Craig identified other areas of success as being the workshops and training for the staff. Recently a $95,000 grant was awarded from the MetroWest Community Health Foundation for the establishment of a consumer health connection library. The veterans’ oral history project was now part of the National Archives and the hope was to continue with the program through some other funding.

PUBLIC HEARING: FISCAL 2002 TAX CLASSIFICATION HEARING

Director of Assessing William Chenard briefly outlined the options available to the Board. He explained that the Board must determine the tax levy to be paid by each class of property and to do that the Board must adopt a residential factor. The minimum residential factor is 82.5101%. A low residential factor lowers the proportional share of the tax levy paid by residential taxpayers. A residential factor of “1” will result in a single tax rate.

Mr. Chenard further explained that the Board may approve a residential exemption of not more than 20% of the average assessed value of all class one property. This exemption shifts the tax burden from owner occupied residential property to non-owner occupied property. It does not change the residential tax levy. Mr. Chenard pointed out for property at $125,000 a 20% residential exemption would be about $50,000 or about l/3 their tax. On the other hand that $50,000 exemption was only 2% of the high value homes.

The Chenard continued that the third option was a small business exemption, but that exemption doesn’t make sense unless the Board was going to classify taxes. Otherwise it would reduce the taxes for small businesses below the rate of the residential taxpayer. For a small business exemption a business must have less than 10 employees and property assessed at less than $1 million. If there were multiple tenants in the building, every tenant must qualify for the exemption. Approximately 200 taxpayers would qualify for this – mostly from home businesses.

Mr. Chenard advised that the Board could adopt a residential factor greater than one, but doing that would be more pro-commercial than it already is. On the other hand the Board can split up to 150% for commercial, but doing that would force the Town to reduce commercial values because of the increase in expenses. It would reduce their net

operating income and reduce the value. Mr. Chenard noted that there was a residential exemption, but that was designed for communities with large non-residential populations like the Cape.

Mr. Chenard continued that there was a slight shift from commercial to residential, part of which was based on growth. There were 72 new homes built. All those homes except for 5 sold for in excess of $750,000 and they were causing the values to shift upwards. The

PUBLIC HEARING: FISCAL 2002 TAX CLASSIFICATION HEARING (contd)

average assessment in Natick was $270,000 and the median sale price was now in excess of $325,000. The shift this year was only 3-l/2%.

Mr. Chenard noted that if the Board classifies, there will be a greater number of abatement applications and that would probably result in a greater number of abatements and reduce the overlay. The overlay account has given back to the Town’s free cash, but if the taxes were classified, the overlay would probably have to increase. Mr. Chenard clarified that that was not a reason not to classify.

Mr. Chenard further noted that state aid was still up in the air and knowing that, the Town maximized the levy so there was not really any excess levy capacity.

Mr. Chenard referred to the handout showing the impact of splitting the tax rate. He noted that for a $200M commercial property, the taxes would increase $1/2M if there were a 20% split. A $290,000 residential property would go down about $130 and a $20M commercial property would see an additional $50,000. If there was a 50% split, the $200M property would pay an additional $1.3M and the $20M would pay approximately $126,000. The condos in West Natick at 50% would save $288 and the median priced home would save $641 and new homes would save over $2,000.

Mr. Stern requested an explanation of the overlay and how it works, and Mr. Chenard responded that the overlay was a fund for customer abatements and exemptions from veterans, seniors, abatements for assessment errors. There were bound to be errors in assessments as it was not an exact science and under the tax rate setting process there has to be a way to cover that.

If the Board were to split the rate, Mr. Chenard felt that the overlay would stabilize in 3-4 years. Since 1994 over $1M has been given back from the overlay which has reduced the tax levy. The Town benefited from a single tax rate and benefited through new growth. The new growth has prevented numerous overrides. The commercial side doesn’t put students in the schools and having a pro-commercial tax policy has benefited the Town. Whether that continues in the future, he didn’t know.

Mr. Chenard advised that he has been aggressive on commercial values and has had numerous conversations with people who own the anchor stores at the Mall and they have appealed their values. That was one

argument for classification, but there were a lot of commercial properties that have been good for the Town; i.e. Cognex has been very good to the Town and the library.

Mr. Ciccariello asked if the personal property tax was included in excise tax. Mr. Chenard advised that it wasn’t. The personal property goes to the general revenue. It was business property such as furniture, fixtures, desks, refrigerators, telephones. Asked if somebody with a business out of their house pays personal property, Mr. Chenard advised that they did. Mr. Chenard added that he would be back before the Board shortly for a small business personal property exemption because he spends more to assess those properties than was actually collected.

Based on the options table, Mr. Stern inquired if Mr. Chenard had any assumptions or projections to what the revenue decrease would be and the increase in overlay based on the options table. In response Mr. Chenard referred to the commercial value table. At 10% the potential liability to the overlay was approximately $150,000. As to the current

overlay, Mr. Chenard advised that last year it was just under $1.2M. He added that the Town hasn’t lost a case since 1996. The policy was don’t fight it for long – reduce the value and move on.

Mr. Hughes referred back to the example of a $200M commercial property with a 50% split that would increase by $1.3M and noted that as he understood it that property value would go down and that $1.3M would go down by $200,000. What would be the actual percentage of the split.

Mr. Chenard advised that the tax burden would be shifted by 5%.

Mr. Hughes inquired as to when the Board had to make a decision, and Mr. Chenard replied that he was asking for the Board to vote tonight. He (Mr. Chenard) would be at the federal courthouse in December and he was trying to get the tax bills done.

President of the MetroWest Chamber of Commerce Ted Welte asked that the Board continue the single rate. He felt that it has been good for Natick and has helped generate new growth. In combination with good fiscal management, the Town has done very well. The single rate for

PUBLIC HEARING: FISCAL 2002 TAX CLASSIFICATION HEARING (contd)

Natick was lower than the residential rate in Framingham which has a split rate. Many towns have gone back to a single rate or reduced the split. He also noted that many of the companies that have provided this new growth have done so based on the expectation that the Town would continue on the single rate. Mr. Welte recognized that the decision was up to the Board and there was no agreement with any of these companies, but he felt the Board had to realize that the market in Natick and MetroWest was incredibly volatile.

Mr. McKinley noted that in the Tax Classification Report, the task force found what appears to be a correlation between towns that split and the necessity to offer TIF. He asked if Mr. Welte saw that, and Mr. Welte responded that Framingham has been in that position, but not in all cases. There has been some major development without a TIF agreement. It usually goes along with some major infrastructure that has to be made in addition to the normal. Examples were there, but he (Mr. Welte) was not sure there was a direct correlation. Steve Daly identified himself as a resident of Framingham who operated small businesses in Natick and Framingham and a larger tax paying commercial business in Natick and Framingham. He noted that he had sent a letter in which he tried to address some issues and he hoped that next year the task force could put together a workshop. The subject was so complex and there needed to be more two-way discussion. When the information goes out on the tax burden, it is quite deceptive and upsets residents. It alludes that they are paying more. Homes are worth more and people have more equity. Last year businesses paid 25% and this year only 23%, but the taxes didn’t go down. More homes were built.

Mr. Daly continued that Framingham was in a trap now because the split was so high. They have a 40% split and the businesses were paying 60% of the taxes. He felt the small business issue had to be remembered. Representative David Linsky was trying to put through some exemption. Mr. Daly also pointed out that when taxes were increased, one way or another the tenant pays.

Joan Craig spoke in behalf of the Natick Center Associates and told the Board that the Center Associates was not in favor of splitting the tax rate. Ms. Craig pointed out that Middlesex Savings was the largest donor to the library of $100,000. The Whipple Company also gave a large donation. Coan Oil gave a five-figure donation to the library and TJX gave $50,000. She asked that the Board keep in mind that these were businesses that have been very community oriented and she didn’t want to see them lose out and the Town lose out in the long run.

Town Meeting member Paul Power reminded the Board that 20 years ago he spoke in favor of tax classification, 15 years ago he spoke in favor of classification, 10 years ago ditto, 5 years ago and today he was speaking in favor of the same thing. He has stood squarely in the minority. He heard that the Chamber of Commerce was in favor of no classification and every business group and major employer was in favor of no classification. The fact of the matter was that Natick was the only community in eastern Mass with a major shopping mall that does not have a split tax rate. This either makes Natick incredibly brilliant

or something different. Figures and statistics can be made to say anything you want. Spin can be put on numbers forever.

Mr. Power noted that he could predict that the vote would go on this as it always goes, but he was not sure why. To him this was a complex emotional issue and he was not sure why the Town has to be pro-commercial. Natick Mall wasn’t going any place. The major retailers put a price on their merchandise according to the operation expense, and Natick was the only community in the state with a single rate where Macy’s was operating and he was yet to see an asterisk that says Natick residents will pay 10% less for this shirt. Residential homeowners cannot pass through costs and they pay the brunt.

In conclusion Mr. Power asked that the Board weigh all those things when voting.

Mr. McKinley noted that he has listened to Mr. Power for the past 5-6 years and has yet to hear a reason for Natick to split. Mr. Power says that the Town is in no danger of losing Natick Mall, but he (Mr.

McKinley) didn’t think this was about Natick Mall or was ever about the mall. It was about the small community business. It would be nice if the Town could give the residential taxpayer a bonus by reducing their tax burden and shift to the business, but he never heard an argument for why the small and middle sized businesses should be burdened by the tax burden. They (businesses) make the argument that they don’t burden the schools or have the things the residents do.

PUBLIC HEARING: FISCAL 2002 TAX CLASSIFICATION HEARING (contd)

Mr. Powers responded that he hears the argument from big business that they don’t use the trash service or schools, but it also had to be kept in mind that Natick’s population was $30,000 and at noon it will be 150,000-180,000 because of the businesses. The vast majority of Police, Fire and safety service will be directed toward the businesses. Classification was a tool the Commonwealth has given the Towns and since every other community has taken advantage of this, it was somewhat unfortunate for the residents of Natick not to be allowed to take a minor advantage.

Mr. Power added that he was not asking to be like Boston with a 70/30 split, but was looking for 60/40 or some concession to the homeowner who was now faced with an override. If the tax rate wasn’t split, maybe the Mall should give cards that say Natick residents deserve a break. He wished the State had one policy rather than leaving it up to each community.

Town Moderator Paul Connolly told the Board that he thought the decision could be done in two ways – on the basis of a philosophy or the realistic way of looking at things. He suggested turning the clock back two years and take a residential property A with no changes or additions and take a business property B with no variations. The realistic way to look at it was to ask what were the taxes of A in Fiscal 2000, roll it up to Fiscal 2001 and calculate what it will be for taxes paid in Fiscal 2002. Ask what the percentage increase was on that particular property. Make the same comparison on B and shouldn’t those increases be in step with one another. That was the realistic approach that brings us down to earth. Then you would know whether or not what was happening out there was how people perceive it. Last year it was incredulous to realize that the Mall’s taxes for Fiscal 2001 was almost $200,000 less than in Fiscal 2000.

Former member of the Board of Selectmen John Moran noted that for the six years he was on the Board, this issue came before them and the Board was unanimous on keeping the single rate. Another former Selectman Edward Dlott ran the Municipal bond Department at Bank Boston and he felt strongly about keeping one single tax rate in Natick. Mr. Moran noted that he was on the Board when Cognex and Boston Scientific were brought to Town and those conversations were intense and the issue of a split tax rate was significant. The same with Natick Mall.

Mr. Moran further noted that he has to constantly go to businesses and ask for support for the charities in Town and businesses underwrite a tremendous part of the programs in Town such as soccer, Little League, Natick Service Council. He strongly supported keeping the tax rate the way it was and not split the rate.

James Ellerman, Natick Mall manager, pointed out that the Mall takes care of their own trash, plows their own snow and they don’t have any students in the schools. He would love to see that tax rate stay the way it was.

Ben Greenberg identified himself as a property owner and businessman, and told the Board that this was about money. Somebody else doesn’t want to pay as much so they want to put it on the business owners. Natick has done a terrific job of investing and the investments have been geared toward the residents – Bennett-Hemenway school, Wilson, road improvement, Fire and Police station. While those things help both the residents and the businesses, the residents use those services more than the businesses.

Mr. Greenberg continued that when someone makes an investment, the property values go up and when they move out-of-town the $9,000 house sells for $300,000. The Town and the Board of Selectmen have an investment in the Town. There is empty space in many of the downtown businesses. Taxes (for businesses) were based on income, and taxes weren’t paid on empty space. If the Town wants more money, he encouraged investing in the downtown.

David Shamoian, general manager of the Crowne Plaza, spoke on behalf of the Peabody Hotel who owns two hotels in Town, and told the Board that his company supports the Chamber of Commerce’s position in keeping the single rate.

Lou Napoli from TJX also supported the Chamber in opposing the split tax rate.

A motion was made by Mr. Ciccariello, seconded by Mr. Stern, to close the public hearing. Unanimously voted.

PUBLIC HEARING: FISCAL 2002 TAX CLASSIFICATION HEARING (contd)

Mr. Chenard reviewed the role of the Board of Selectmen. He advised that the Selectmen have to set the residential factor. The Board does not set the rate. The rate was set by the Board of Assessors. A residential factor of 1 was supporting the single tax rate. The Board may, but doesn’t have to, take votes on a residential exemption or a small commercial exemption, but if the tax rate wasn’t split, voting a small commercial exemption would lower the rate for those businesses.

Mr. Hughes pointed out that splitting the tax rate doesn’t raise any more money. Mr. Chenard concurred, adding that it just shifts who pays.

A motion was made by Mr. McKinley, seconded by Mr. Stern, to set the residential factor at one. Unanimously voted.

The Board agreed not to take any position on the residential or small business exemptions.

LOOKOUT FARM: APR AMENDMENT

Following a brief off-the-record discussion between Mr. Hughes and Jeremy Ritzenberg, attorney for Lookout Farm, Mr. Hughes reported that the Farm was going to present some figures in terms of their compliance of the state law of selling 51% of their harvest. Tomorrow morning the

Farm was meeting with the Lookout Farm Advisory Committee and they would prefer to deal with this issue after going before the Advisory Committee. If there was no objection, Mr. Hughes preferred to table until December 3rd. The other members of the Board concurred.

HEARING: POWERS PACKAGE STORE: ALLEGED LICENSE VIOLATION

Representing Powers Package Store was Attorney Robert Capobianco.

Mr. Capobianco asked if Mr. Ball was expected at this hearing. This was a very serious charge and his client wanted to go forward with a full board.

Mr. McKinley advised that he wouldn’t be at the meeting of December 3rd and inquired as to the reasons for a full board. Mr. Capobianco responded that that would mean another vote that he can convince that his client was being unjustly accused. He recognized that he still needed 3 out of 5 votes, but right now he has lost 20% of the possibility of convincing somebody that his client should not be penalized. Mr. McKinley asked if Mr. Capobianco was saying that he was prepared to make an argument that no penalty should be incurred by his client. Mr. Capobianco’s response was, ‘absolutely and there was proof’. Mr. McKinley pointed out that that was only relevant if three members agreed with Mr. Capobianco.

Mr. Capobianco responded that he was doing this (requesting a continuance) reluctantly, and noted that had he been told there would be only four members, he would have asked for a continuance long ago.

Mr. McKinley opposed continuing.

Mr. Hughes stated that he would like to go forward, but the last time he (Mr. Hughes) did inform Mr. Capobianco that a full board wasn’t going to be here and gave him the option of going forward.

When Mr. McKinley pointed out that last time (previous license violation by Powers Package Store) the hearing was held with only four members, Mr. Capobianco agreed, but added that that time there was no doubt that Powers Package had committed the act that was alluded to. This time he wasn’t admitting to anything.

It was determined that the next meeting at which there would be a full board present was December 17, 2001.

Mr. Cohen noted that everybody (police officers) was brought out tonight at the Town’s expense and he didn’t know if they would be available on December 17th.

In the interest of fairness and the fact that he (Mr. Hughes) did not make a call to Mr. Capobianco, Mr. Hughes thought a full board should be present. No objection was raised by the other members of the Board. The hearing was continued to 7:30 p.m. on December 17, 2001.

POLICE CHIEF, FIRE CHIEF: EMERGENCY RESPONSE CERTIFICATION

Mr. Conley prefaced the discussion by noting that over the years various tries had been made to create a town-wide plan for dealing with catastrophes. Things have changed and the Town has to get serious in a different way and the biggest thing is to start with the system to deal

POLICE CHIEF, FIRE CHIEF: EMERGENCY RESPONSE CERTIFICATION (contd)

with that. This morning he met with Chief Fredette and Chief Mannix to talk about how to handle this issue. It did not just involve terrorists, but oil spills, blizzards – the whole range of disasters.

Mr. Conley further noted that he was putting together a task force to make this a number one priority. To a large extent police and fire will be involved, but every department has a stake in this. Chief Mannix has been attending a number of seminars.

Chief Mannix noted that the issue arose because of news reports on WBZ about preparedness of communities to deal with hazardous spills, etc. That came about with the 1986 Superfund Act which mandates the local community establish a local community planning committee to monitor use, transportation and storage of hazardous materials. The task has fallen generally on the Fire Chief who worked with a consultant and developed plans for dealing with those issues. This morning there was a discussion about trying to integrate a response to take care of all emergency planning and to create a position for someone not only to monitor the compliance with SARA Title III, but deal with all emergency plans.

Mr. Conley stressed that the Town has to get this going and hopefully there will be federal and state resources available, but those resources can only be used if we have plans in place. Funds are drying up fast. There will be a hard time balancing the budget for Fiscal 2002 so the only way to do this would be to avail ourselves of state and federal funds.

Mr. Conley told the Board that this would be a priority. He would be talking to the Board a lot in the next few months.

Chief Fredette assured the Board that the Fire Department has been and continues to be capable to respond to any emergency that arises. Recently they had a drill at the Labs in which they activated the team and had the National Guard and the emergency plan for the hospital. There is an emergency plan in place, but we have to look at where we

have been, where we are and where we have to be. Over a number of years, he had tried to comply with SARA with very limited success and most recently the chairman for the local planning committee resigned because of his commitment to work. As a result the emergency planning committee has been going in fits and starts. The Town has been complying and not complying, and on paper it puts up in a non-compliance position. The Town has to comply, and September 11th has changed everything. Natick has to be much more prepared. The Town was able to deal with the emergencies put forth because there was a regional response plan, but if there was a wide spread terrorist attack, the Town will be on its own.

Chief Fredette continued that it was beyond any department head’s capability from a time perspective to give this the full measure of attention it needs. He tried to get the emergency planning committee up over a number of years and something always comes up – it was the

municipal complex, insurance surveys and the second ambulance. This year 30% of his work went to training. The Police Chief and DPW

Director – none had the time. However, as part of the settlement with EPA, the Town has to bring on board a compliance officer and Chief Fredette felt that using that person was the best way to proceed. A compliance officer will have expertise in chemicals and knows the reporting requirements for EPA. This dovetails into the emergency planning committee. If done correctly, Natick will be in compliance and there will be a person who was responsible not only for the oversight of EPA compliance, but emergency management. It was a natural fit.

Chief Fredette continued that the individual should report to the Town Administrator and have a degree of autonomy. He felt that it was vital to get this underway as the communities who were not in compliance would not get the funds. This was serious business.

Mr. Conley noted that the Board of Selectmen has been discussing this for a number of years. During the discussion of goals, this came up as a priority and he was prepared to tell the Board that it was a priority for the staff and he would give the Board what it needed.

Chief Fredette echoed Mr. Conley’s sentiments that this had to be a number 1 priority. While he recognized that the Town will be in tough financial straits, it was something that Town can’t afford not to do.

Mr. Hughes inquired as to what it meant to not be in compliance – what hasn’t been done.

POLICE CHIEF, FIRE CHIEF: EMERGENCY RESPONSE CERTIFICATION (contd)

Chief Fredette responded that it was paperwork and getting the emergency planning committee up on line and complying with the requirements of SARA. In follow-up Mr. Hughes asked what had to be done to comply with the requirements, and Chief Fredette replied that the organization had to be in place before the Town could file a compliance notification with the Commonwealth. The Commonwealth will come in and make sure the committee was assembled properly, they were meeting, following the guidelines, and that people were trained and ready to respond to any emergency. Somebody was needed to make sure this thing was being pushed forward and taken seriously.

Mr. Hughes asked if the emergency management committee was generally the Fire Chief, Police Chief, DPW Director or did the state say who it should be. Chief Fredette advised that the committee should have a representative of some political arm, administration, all department heads, Police, Fire, DPW and most important people in the community who deal with hazardous materials – businesses like DuraElectric, Boston Scientific. The medical piece needed to be represented.

Asked if he thought the compliance officer would have the time to do this, Chief Fredette’s response was, “yes”. Half the work on the chemical aspect would be done under the auspices of his/her office, and there was no reason why the committee couldn’t be assembled immediately. This would dovetail into the compliance officer and there was nobody in the community who would have more expertise than the compliance officer. Natick was not as good as some communities and in some respects was better than most, but still not in compliance. Mr. Stern thought the compliance officer was to be half time, and Mr. Conley responded that half his/her time was to bring about compliance with the EPA and the other half can be assigned by the Town. There was some flexibility. Mr. Stern noted that as he recalled, the plan was to hire part-time for the first year. Mr. McKinley thought it was three years, but part-time. Mr. Cohen advised that in the Fall, Town Meeting provided funds for the person to be full-time, but half his/her salary will be from the funding for the EPA enforcement action.

Chief Fredette felt that advertising as a full-time position, the Town would get a better candidate on both ends as opposed to somebody working part-time on compliance. Half the work on the emergency planning committee will already be done through his/her office, and Chief Fredette thought it would make economic sense and efficiency to have that person responsible.

Mr. McKinley noted that Chief Fredette was saying that the compliance officer be the point person for putting together what was needed to gain this certification. Chief Fredette confirmed that as being correct.

A member of the audience Frank Salvoni agreed with Chief Fredette. He (Mr. Salvoni) was in the trucking business and hauled hazardous waste.

There were so many new laws that it was hard to keep up with all the new laws.

Robert Raisch noted that he worked part-time instructing at the Mass Maritime Academy and they have developed this kind of training and hazmat courses. At the Academy there is an assimilation of all seaport towns and that may be a source of information that could greatly expedite what the Town was trying to achieve.

Mr. Ciccariello stated that he was concerned with who was going to be the authority who interviews for this individual (compliance officer) to ensure that he/she has all the qualifications needed. Were we considering a committee made up of individuals with skills or knowledge in this area, the Board of Selectmen, or the Town Administrator.

Mr. Conley responded that it hadn’t gotten that far, but there would be a screening committee with experts on it. Right now he was working on a job description with Lauren Rikleen (the Town’s environmental counsel) and EPA helping with the job description and he should have something in a week or two.

Chief Mannix pointed out that there were two distinct issues involved. One was hazardous materials and documentation of storage and transportation and the other was the emergency management plan. Historically the emergency manager was the Town Administrator, and he (Chief Mannix) would prefer to see a person who would report to the Town Administrator and the emergency management team and assume the role of assuring that all activities of the Town were coordinated and

POLICE CHIEF, FIRE CHIEF: EMERGENCY RESPONSE CERTIFICATION (contd)

documented. These were two separate skills. He (Chief Mannix) thought the two could dovetail with the right person.

Mr. Hughes asked if the Board would have the job description by the next meeting, and Mr. Conley advised that the Board would have a draft within a week. Further discussion was scheduled for the meeting of December 3rd.

a. Cochituate Rail Trail

Richard Miller reminded the Board of his visit a month ago at which he mentioned three topics. The Bicycle Committee and Community Development Director Sarkis Sarkisian have supported, and thought the Board had as well, the Bicycle Committee being included when plans come before the reviewing boards. When he previously mentioned it to the Board, he didn’t detect any concern, but he hadn’t heard anything.

When asked if he was talking about reviewing plans before the Conservation, ZBA and Planning, Mr. Miller advised that he was and added that in Framingham the Bicycle Committee has been inserted into that cycle and it was very useful. Mr. Hughes suggested that Mr. Miller should go to the Conservation Commission, Planning and ZBA and make his request, but Mr. Miller thought it was the Board of Selectmen who decided who was included in the notification list. He noted that Mr. Sarkisian thought going through the Selectmen was the way it was done and that was the way it was done in Framingham. Mr. Ciccariello had formerly been a member of the Planning Board and he felt if Mr. Miller asked to be included in a mailing list, the Planning Board would be happy to do it. Again Mr. Miller noted that he had been told it had to come from the Selectmen.

The second issue was a letter of interest asking CSX to notify the Board when they intend to dispose of property. Mr. Hughes noted that that had been done.

Mr. Miller’s third issue involved a producer take-back bill. Towns were signing on for this because trash disposal problems build up without such a program. If enough towns sign on it, Mr. Miller thought the State would get on the ball. Mr. Miller explained that he was not asking for action, but he wanted the Board to know that the Clean Water Action group was attempting to have a pre-conference on November 21st.

Robert Raisch told the Board that about a year ago he was employed as a Neighborhood Bus driver and given the task of developing a commuter service. It started taking off rapidly because of a need in the community. He started the commuter service with only five passengers a

day and there was now over 60. In the beginning it was just passengers arriving on the train and going to work, and then it grew to people going to the train or local work. It grew on its own without any advertising.

Mr. Raisch continued that there was a parking problem and there were no satellite parking areas available and building a garage was not available to Natick. He felt this (bus service) was an alternative to a garage. If the Town revisits the existing bus service, he thought the number of parking spaces needed in downtown Natick could be reduced and it would relieve the burden of residents having to drop the husband off at the train. Mr. Raisch noted that he spoke with Mr. Conley,

spoke with his supervisor Agnes Young who was the Director of the Neighborhood Bus, and he has been told to wait. He, however, felt that this was the time to strike the iron and get this thing going. He felt that the response would be overwhelming.

Resident David DeHaven told the Board that he has been riding the bus since June. The problem was that the parking spaces (at the train station) were gone if you were not there by 6:30 a.m. The only other way to get to the train was to go with his wife and that means packing up the kids. The bus was a great service. He collected signatures in his neighborhood and just in the west Natick area, he had over 100 signatures in support of the bus. He has found that nobody knows about it. He urged the Board’s consideration.

If such a bus service were available that took you to the train, Mr. McKinley asked Mr. DeHaven how much he would be willing to pay for that service. Mr. DeHaven responded that right now he was paying $1.00 each way and that was certainly reasonable.

CITIZENS CONCERNS (contd)

Sarkis Sarkisian, Community Development Director, credited the efforts of Mr. Raisch and the team who runs the bus for the whole bus system taking off. They were running five buses on a three bus budget, and he was prepared to go back to the Finance Committee in January and ask for more funding. He would love to pick up everyone in Natick, but he can’t do that. That was a Board of Selectmen policy and requires a public hearing.

Mr. DeHaven stated that it was his understanding that the bus schedule has not changed since the late 1980’s. The way the schedule was now, he would be on the bus about one hour to get to the train. He encouraged the Board to look at revising the schedule.

If Mr. Sarkisian wanted to change the schedule, Mr. Hughes suggested that he bring something in front of the Board and include Ms. Young. If more funding was needed, the Board needs to know that too.

Mr. Cohen advised that there was a regional study taking place and those results could be coming out in the next few months and that will provide some concrete data from a professional firm that may provide some assistance.

Abandoned Worcester Road Gas Station

Vermont Avenue residents Tim and Jennifer Mellinger noted that the abandoned gas station at 206 Worcester Road abuts their property. As recently as July that property was zoned as residential. Activity this weekend included two things: l) It was painted three different colors; 2) It became a Christmas tree lot, which was seemingly illegal. The property was not zoned for that (Christmas tree sales).

Mr. Mellinger reported that he spoke with the owners of the abandoned station this week and the owners have said three things: l) They intend to turn it into a used car lot; 2) They were interested in making it a video store; 3) They claim to have won a zoning case overturning the residential ruling.

Mr. Mellinger noted that he and his wife were here requesting the Board’s support and ideas on what can be done to prevent this from turning into whatever was the whim of the owners.

Mr. Sarkisian advised that the Town can’t stop someone from building a building. The owners of that property went before the ZBA to seek a variance to sell used cars and that variance was denied. It was now in appeals court. It was not true that the property owners have won their case. It hasn’t gone to court as yet. As far as selling Christmas

trees, there were a lot of places such as churches selling Christmas trees during the holidays and it was not something the Town enforces.

Mr. Hughes pointed out that there was a difference between the church and a business on Route 9, but Mr. Sarkisian noted that they all had to be treated the same.

Both Mr. McKinley and Mr. Ciccariello questioned the need for a permit, and Mr. Sarkisian responded that he would have to find out if a permit was required.

POLICE DETAIL BILLING

Finance Director Robert Palmer told the Board that he was not sure why he was here tonight but to respond to something in the newspaper, and the article was riddled with inaccuracies. The old detail bills totaling $88,000 was not new or discovered by the press. Mr. Palmer explained that the process of transferring from the Police Department doing the billing to his office doing the billing. Under the old system (with the Police doing the billing) there were several lapses when bills were not generated for a number of months and when he (Mr. Palmer) reviewed the invoices for that time period, he felt that there was much that was uncollectible. The conclusion was that at this point there was $31,000 that remains outstanding and still collectible and only $6,000 was discharged. That represents a collection rate of 95.4% on an unsecured receivable.

In terms of the Board’s police detail policy, Mr. Palmer noted that that policy was established on a request by himself and used effectively as a collection tool, but he doesn’t use it to penalize the businesses. The police detail billing was not in arrears. It was up-to-date and very successful.

Mr. Hughes commented that there were two delinquencies that seemed to be troubling and asked about Lowe’s. Mr. Palmer advised that Lowe’s was in

POLICE DETAIL BILLING (contd)

bankruptcy protection and no further action can be taken. Mr. Hughes then asked about MacKenzie Cable and Mr. Palmer responded that he was tracking them down. He has been in contact with RCN to assist him.

Mr. Hughes recalled that there had been something raised about not billing for Natick details, and Mr. Palmer responded that for anything that was existing prior that were Town details, we would just be paying ourselves. The Town is remaining current and the DPW are paying their bills and being charged off to the right accounts.

Mr. Ciccariello felt that collecting 96% was doing pretty good. Since the issue arose over a year ago, he felt that a lot of work was going on and it was generally paying off and was great to see.

SENATE BILL 2126: MILITARY PAY

Mr. Cohen advised that the bill came out of committee in a different form. It was anticipated that it would be passed by Wednesday evening,

but there was no certainty. He noted that he was still not aware of anybody (Natick employee) being called into active military duty. He further noted that the law being proposed was rather restrictive and caps the pay at 60 days. The acceptance would be by Town Meeting vote and his (Mr. Cohen’s) advice would be to sit tight and if somebody was called up, under the provisions of the collective bargaining contracts, they can receive up to 17 days pay.

GOALS UPDATE: GRAVEL PIT

Mr. Conley expressed the opinion that a quality check needed to be done on the engineering report since the engineers had changed their mind twice.

Mr. Stern noted that the original report called for the gravel pit to be closed by the end of this year. Some assumptions changed or additional information was furnished to Weston & Sampson between the preliminary design report and the report for the final closure plan for Oak Street. This now calls for the gravel pit to stay open and mining to continue to the end of 2003. The report now calls for the mining portion to cease and for an additional 10-year period for operations at the site to continue salt stockpiling.

Mr. Stern noted that he spoke with Mr. Sisitsky, and part of what this plan calls for is a final design and grading plan to be done. Mr. Sisitsky was not sure whether enough funds were left to do that or if

another appropriation would be needed from Town Meeting. He (Mr. Sisitsky) was to find that out and try to contact Weston & Sampson to get some ballpark figures of what this would cost just to see what can be expected. We will also need to begin the process with DEP to get a beneficial use permit to allow the Town to take street sweeping sand and deposit it there for reuse as well as leafs for composting to help set the grades. Mr. Sisitsky was to determine whether there was any available funding, what the Town needs to do from here on, and how to bring this to closure.

In conclusion, Mr. Stern stated that the Town needs to hire a consultant

to provide a final plan. If the conclusions in this report were accepted, there were a couple of years to do that, but the Board needs to get past the fundamental question for mining to continue there for another two years.

Mr. Conley inquired as to what the Board thought of having another engineer take a look at the quality of the first report. The engineer changed recommendations a little too fast for him.

Mr. Ciccariello noted that he had read the report a couple of times, and he thought it would be appropriate for the consulting firm to come before the Board, make a presentation and explain what changed their opinion over the past year to suggest that we close it vs. extending

another 2-3 years. Mr. Ciccariello was concerned with the suggestion to create a compost facility and use that instead of loam. The ZBA decision was clear that none of the loam was to leave the site, and it was clear that most of the loam has disappeared. He would like an explanation of where the loam was and who was overseeing it (gravel pit).

Mr. Ciccariello further pointed out that a salt shed operation was not an approved use. The permit was for a mining operation.

Mr. McKinley agreed with bringing the consultant in to explain why he had changed his mind. That was a lot less expensive than hiring another consulting firm. The recommendation that it remain as an operation center for another 10 years was wishful at best. Why not deal with it now since finding another site (for salt shed) ten years

SENATE BILL 2126: MILITARY PAY (contd)

from now was less likely. That site has been an eyesore for years the neighbors were promised that it would be turned into something useful.

Mr. Hughes asked that John Wagoner from Weston & Sampson be invited to attend the Board’s first meeting in January.

KENNEDY SENIOR CENTER FEASIBILITY STUDY CONTRACT

Mr. Ciccariello reported that it appeared as though an agreement had been reached on all issues except for #1.612 concerning indemnification. Town Counsel recommended approving this contract and putting it to the architect that if he wants to sign the agreement, he

will have to accept #1.612. Everything else appears to have been worked out with some concessions on both parties.

Mr. McKinley asked if the contract would be completely covered by a grant, and Mr. Ciccariello gave assurances that it would, adding that the grant was for $60,000 and the contract was $47,000.