Town of Natick - Board of Selectmen Minutes

The meeting was called to order by the Chairman Paul R. McKinley at 6:00 p.m.

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

ALSO PRESENT: Philip Lemnios, Temporary Town Administrator; Donna Challis, Secretary;

WARRANTS: Payroll warrants were signed by the Board of Selectmen on July 22, 2002 in the amount of $456,880.18. This figure was included in total warrants signed by the Board of Selectmen of $776,255.64.

Mr. Hughes, seconded by Mr. Stern, moved to enter into executive session for the purpose of discussing matters pertaining to litigation. A roll call vote was unanimous and the Board so retired at 6:00 p.m. after announcing that the meeting would return to open session.

The open session was called to order at 7:15 p.m.

With corrections as noted, Mr. Hughes moved approval of the minutes of the April 22, 2002 meeting. Seconded by Mr. Ciccariello and unanimously voted.

Mr. Hughes, seconded by Mr. Ciccariello, moved approval of the minutes of the May 6, 2002 meeting. Unanimously voted.

STEPHEN GUILD: PERMISSION TO OCCUPY THE SIDEWALK

Before the Board was a request from Stephen Guild to occupy the sidewalk during the installation of concrete access ramp for Clark Block Associates at 2 Summer Street.

In a memo to the Board, DPW Engineer William DeRosa, advised that a street opening permit would be required and there must be a 5-foot minimum clearance between the curb and ramp for sidewalk plowing operations. He also noted that the parking meters would have to be relocated to maintain the 5-foot clearance and the existing water service boxes would have to be relocated. It was also recommended that the sidewalk be replaced with concrete instead of asphalt.

Mr. Guild told the Board that he had seen the memo and had talked to Mr. DeRosa this afternoon and they were in agreement on everything.

Mr. Ciccariello assumed that the construction was for a handicapped ramp, but Mr. Guild advised that it was a package access ramp although it would be wide enough for wheelchairs.

STEPHEN GUILD: PERMISSION TO OCCUPY THE SIDEWALK (contd)

Mr. Ball asked if the ramp would meet the architectural requirements for slope, and Mr. Guild’s response was, ‘yes’. When asked about width, Mr. Guild stated that it would not meet the requirements by about l-l/2” because of the property line.

Mr. Lemnios inquired if there was any way the ramp could be made consistent with ADA requirements, and Mr. Guild respond that he was instructed by the owner that he (owner) won’t pursue anything beyond what could fit on the property.

Since the property line was only on one side, Mr. Stern questioned why not expand the ramp on the other side. Mr. Guild explained that the Town was on one side and the building was on the other.

Mr. McKinley stated that the ramp was not being constructed with the intent that it would be handicapped accessible. Mr. Guild confirmed that that was not the intent. It would be usable by wheelchairs, but it would not be ADA compliant.

Mr. Ciccariello felt that if the owner had five feet, he should be able to make it (ADA compliant).

Mr. Ball inquired as to what would have to happen to make the ramp handicapped accessible. Mr. Guild replied that he believed he would need to get land from the Town. Although he was not conversant in the ADA requirements, he understood that because of the age of the building the owner was not required to comply.

Since it was so close, Mr. Ball felt that if at all possible, it would be a shame not to meet ADA requirements and wondered if there was any action the Town could take. Mr. McKinley concurred.

Mr. Ciccariello raised the issue of what the ramp would look like, and Mr. Guild advised that he had architectural drawings that he could show the Board.

Mr. McKinley suggested tabling to give Mr. Ciccariello a chance to review the drawings and give Mr. Guild a chance to go back to Mr. Wolf about the 1”. Mr. Hughes requested Mr. Lemnios to check with Town Counsel on how difficult it would be to give an easement. Mr. Stern asked about review of the plans by the Historical Commission. It was pointed out that this was not in the Historic District, but it was agreed that there would be no harm in asking.

A motion was made by Mr. Hughes, seconded by Mr. Ball, and unanimously voted to table the request to August 5th to give Mr. Guild an opportunity to review it with his client, to check with Town Counsel on the possibility of an easement, for Mr. Ciccariello to review the plans, and for any comment from Steve Evers of the Historical Commission.

With the trash fee, Robert White asked if the Town was going to continue to pick up the leaves. Mr. McKinley advised that there was no

CITIZENS CONCERNS (contd)

appropriation for yard waste pickup, but the compost facility was open and residents can bring the leaves down there.

PAY-AS-YOU-THROW TASK FORCE

Terry Miller, Chairman of the Pay-As-Throw Task Force (PAYT) noted that at the previous meeting, the task force had made a comprehensive report, and she was back tonight requesting the Board to ratify the implementation of the program. A vote was needed in order to proceed with applying for a DEP grant.

Mr. Ball moved that the Board establish a pay-as-you-throw program to offset the variable costs associated with solid waste disposal. The program to be effective July 1, 2003 and run for a minimum of two years with an initial cost to residents of $1.75 for a 30 gallon trash bag and the other terms to be worked out by the committee and reported to the Board in October. Seconded by Mr. McKinley. After further discussion the motion was amended by the maker and seconded to eliminate the ‘variable costs phrase and the $1.75 per 30 gallon bag’. Unanimously voted.

In discussion of the motion, Mr. McKinley explained that if the Board were to vote this motion, it meant that the Board was formally voting to put in place a PAYT program. He reminded everyone that the Board had voted for the trash fee to expire on June 30, 2003.

Mr. Hughes stated that he supported the motion, but questioned if there was any reason to keep ‘variable costs’ in there. He noted that the Board was voting to put in a PAYT program to cover some of the costs of trash pickup and nobody would know what that (variable costs) meant.

Mr. McKinley concurred and suggested that even the $1.75 per bag reference should be eliminated, as the cost could be a little less. The important thing was that PAYT was starting on July 1, 2003 on a per bag basis and that there was a two year commitment for state grant funding.

Mr. Ball stated that he was comfortable with removing the $1.75 and removing the reference to variable costs. He had put that in the motion because he thought the Board might be uncomfortable if it was not part of the motion.

HISTORICAL COMMISSION:

Appointment of Regular Member

Interview for Alternate: David Achenbach

On a motion by Mr. Hughes, seconded by Mr. Stern, the Board unanimously voted to appoint Maureen Sullivan as a regular member of the Historical Commission to fill a vacancy left by the term expiration of Aaron Socrat.

On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to appoint David Achenbach as an alternate member of the Historical Commission to fill a vacancy left by the appointment of Maureen Sullivan as a regular member.

TOWN FOREST COMMITTEE INTERVIEWS

Mr. McKinley noted that there were two people interested in serving on the Town Forest Committee. Traditionally this has been a three-person committee, but no record can be found establishing the number of members.

Mr. Ciccariello inquired as to the purpose of the Town Forest Committee and why it was not part of the Open Space Committee.

Town Forest Committee Chairman Paul Spurling explained that the purpose of the committee for the past 24 years that he has been on it was to keep the forest open for public use. For 16 years the forest did without any Town maintenance. Everything was done voluntarily. The Boy Scouts do a lot of cleanup, but the forest has pretty much maintained itself and there hasn’t been much of a change except for the grant putting the field in. A sign was just put up identifying the forest.

As to the limit of committee members, Mr. Spurling noted that the last time he came before the Selectmen there were suggestions on how large to make the committee. Right now there wasn’t a policy and there was no record of how many can be on it. For the past 15 years there have been three members, but he would welcome anybody who would like to be a member.

At Mr. McKinley’s suggestion, Mr. Hughes moved to establish the Town Forest Committee as a committee of five members. Seconded by Mr. McKinley and unanimously voted.

Mr. Hughes moved the re-appointment of Ann Marie Regan to the Town Forest Committee. Seconded by Mr. Ball and unanimously voted.

Mr. Hughes moved the appointment of Peter Frykman to the Town Forest Committee. Seconded by Mr. Ball and unanimously voted.

NATICK HOUSING AUTHORITY: REQUEST TRASH FEE EXEMPTION

Representing the Natick Housing Authority was the Executive Director Edward Santos.

Mr. McKinley recalled that at the last meeting there was a discussion of how to handle the trash fee given the fact that a fair amount was not curbside pickup. Having had an opportunity to review Finance Director Robert Palmer’s conclusions, Mr. McKinley asked if Mr. Santos would agree with those conclusions.

Mr. Santos told the Board that he thought it (Mr. Palmer’s numbers) was a fair assessment of the costs and added that no matter what the fee was set at it would be a burden on the Housing Authority.

Noting that the Housing Authority’s budget was on an annual basis, Mr. Hughes asked if the trash fee could be billed January 1, 2003 so that it falls in next year’s budget cycle as opposed to the one that was now almost eight months through.

Mr. Palmer advised that that could be done, but the money would need to be in by June 30th. Mr. Hughes clarified that his suggestion was to bill the whole thing between January 1st and June 30th.

NATICK HOUSING AUTHORITY: REQUEST TRASH FEE EXEMPTION (contd)

Mr. Santos felt that that would be helpful as it would give them an opportunity to do a little planning.

Mr. McKinley stated that the proposal was that the Board set the trash fee for the Natick Housing Authority at $35,000, which was approximately l/2 of what it would have been, and that it not be billed until January 1, 2003. Mr. Hughes so moved. Seconded by Mr. Stern and unanimously voted.

To Mr. Santos’ comments that any trash fee would be a burden, Mr. Stern suggested that the Housing Authority review the subsidy structure of all their properties and see if this was an opportune time to take advantage of some things out there. Mr. Santos welcomed the suggestion and assured the Board that the Housing Authority was constantly looking at those things.

Mr. McKinley noted that some thought needed to be given to pay-as-you-throw. Mr. Santos proposed that as it moved into that phase, he would come back and talk to the Board.

Mr. Ciccariello asked if the Natick Housing Authority Board had met, discussed this matter, and voted on it and whether or not the Housing Authority Board favored the Town reducing the trash fee. Mr. Santos responded that it had been discussed at the last meeting and his board felt the fee should be waived in its entirety, but they understood the problems of the Town.

PUBLIC HEARING: DEDICATION OF SASSAMON TRACE BENCH

The Board had received a request to name the bench at the 7th tee of the Sassamon Trace Golf Course in memory of Michael ‘Mickey’ Dank. Mr. Dank’s service to the Town had been extensive – having been a long-time Town Meeting member and Finance Committee member. At the time of his death Mr. Dank was serving as Chairman of the Personnel Board, Chairman of the Town Administrator Screening Committee, and a member of the Golf Course Oversight Committee.

Dr. Edward Salamoff, Chairman of the Golf Oversight Committee, noted that Mr. Dank had worked awfully hard to make the golf course a reality. The bench at the 7th tee was his favorite spot and the committee felt this was an appropriate way to honor his service by putting a plaque on a bench that was already in place.

Mr. Hughes moved to close the public hearing. Seconded by Mr. Ball and unanimously voted.

Mr. Ball moved to dedicate the bench at the 7th tee to Mr. Dank and affix a suitable plaque. Seconded by Mr. Hughes and unanimously voted.

Mr. Ball noted that on several prior occasions he had suggested that the naming of public places involve two steps: l) Hold a public hearing and 2) Request an opinion from the Historical Commission. He would like to have the Board vote to adopt that process as a policy.

Mr. McKinley preferred to discuss the policy as a regular agenda item when there could be some debate.

GOLF COURSE OVERSIGHT COMMITTEE: SASSAMON TRACE UPDATES

Chairman of the Golf Oversight Committee, Dr. Edward Salamoff, updated the Board on the operation of the Sassamon Trace Golf Course.

The first area of discussion was the course condition. Dr. Salamoff noted the considering the excessive heat, the golf course continued to hold up well to play. A regular rotation of the tee boxes has kept the tees in very good condition. The fairways have held up well to play. Bare areas from last year were filling in well thanks to good turf management by the Greens’ superintendent Mike Murphy and his crew. The greens were a continual battle since the course was under biological constraints of the conservation commissions of both Natick and Sherborn. All golf course pathologies were not curable by biological means alone and because of chemical constraints, treatments were reactive instead of proactive or preventative. Despite areas of discoloration, the greens roll the ball well and as accurately as the golfers direct. Some thought was going to be necessary to come up with a more thorough integrated Turf Management Program to allow the Town to be more preventative.

Mr. Hughes inquired if in his reference to a more thorough integrated turf management program, Dr. Salamoff was talking about going back in front of the Conservation Commission. Dr. Salamoff advised that the greens superintendent would discuss it with both the Sherborn and the Natick Commission. There were chemicals that would not migrate out of the area. This year the course had snow mold that has blended out. Sherborn had suggested letting the grass grow to 4”, but to a golfer that was ridiculous.

In regard to the maintenance building, Dr. Salamoff reported that after the death of Fred Conley and the departure of Paul Cohen, the maintenance facility was getting back on track. Mr. Ciccariello and the Buildings Committee have re-planned the building and its position relative to the necessary utilities. The new position will save considerable dollars by minimizing the site preparation work. By downsizing the building and redesigning the interior the committee was comfortable that bids for the construction would be within the budget. It was expected that this coming Thursday John Ciccariello, the architect Andrew Weaver and Frank Pepi would get the plans rolling again so that a request for bids will follow soon. Equipment was still being stored in large storage containers with service being done outdoors.

As to play, promotions and publicity, Dr. Salamoff noted that as the spring golfing season got under way, play did not take off the way it was hoped. A host of factors were at the heart of this concern. While rainy weather cost many weekend days, there were other more important reasons, namely recognition of the course’s existence. Several committee meetings with Sterling Management’s staff and Finance Director Robert Palmer have led to a series of advertisements in the Boston Globe, Boston Herald, and the newspapers of surrounding communities. Sterling Management has piggybacked Sassamon Trace onto their ads and their web site. An agreement has been entered into with Super Coupons which has resulted in discount coupons being sent to 35,000 residences in the communities contiguous to and including Natick. The first 35,000 were sent out in June and another set will go out in August. Also the Golf Pro Peter Meagher puts coupons weekly on

GOLF COURSE OVERSIGHT COMMITTEE: SASSAMON TRACE UPDATES (contd)

the Sassamon Trace web site. Those coupons were geared toward getting golfers on the course during the slow days. Mr. Meagher has been tracking the coupon return on a weekly basis and was pleased with the returns. In the Fall off-season rates will again be introduced. Play was continuing to show weekly increases. Feedback has shown that those who have played the course enjoy it.

For course amenities, Dr. Salamoff advised that a new watering station had been put over by the fourth tee, and there were plans to add another one between the sixth green and seventh tee. The new hole signs have received many compliments as to their design and locations. An assortment of snack foods and non-alcoholic beverages were available at the clubhouse. A covered area by the clubhouse has three tables and allows golfers a place to relax after a round of golf.

Regarding projections, Dr. Salamoff informed the Board that prior to his death, Fred Conley confided that the projections made by Mr. LaPointe were overly optimistic. As the new fiscal year began, play was steadily increasing and it was felt that play would continue to grow as people play and enjoy the course. There was no question that there was a need for nine-hole golf courses.

Mr. Ball noted that it was his understanding, and he thought Town Meeting’s understanding, that the golf course would become self-sufficient within five years. He questioned if that was still the case.

Mr. Palmer responded that at this point it was three weeks into the fiscal year and he was trying to project the entire fiscal year, so the projections were not cast in any hard form. He used the experience of last fall and this spring to try to make revenue projections. He thought his projections were conservative, but felt he needed to be conservative. Looking at the course revenue estimates by Mr. LaPointe in year one, they were based on rounds of play and greens fees of $725,000, but the appropriation was $50,000 lower than the original projections because the Town did not have a lot of experience with a golf course.

Based on a review of the actual revenues and expenses or Fiscal 2002 the golf course generated sufficient revenue to meet the expenses and generated a surplus of $40,551. The revenue surplus was generated as a result of an appropriation from the Stabilization Fund of $20,000 and the reduced expenses from the short season. The $200,000 Stabilization Fund appropriation was considered a loan to the Golf Enterprise Fund with repayment to be scheduled as revenues exceed expenses from golf operations.

Mr. Palmer continued that based on the early projections, and Mr. Palmer emphasized that it was only weeks into the fiscal year, there could be a revenue deficit of $250,000. He stressed the need to look at increasing the rounds of play whether by advertising or restructuring of greens fees to make sure the course builds u a good clientele over the next couple of years.

To Mr. Ball’s question, Mr. Palmer acknowledged that it was the intent for the course to be fully solvent in five years and paying back any

GOLF COURSE OVERSIGHT COMMITTEE: SASSAMON TRACE UPDATES (contd)

accrued debts and turning back a reasonable amount of profit. With promoting the course, reviewing the greens fees and not making any discretionary expenditures, the $250,000 gap could be closed to $100,000 very rapidly. It was not the best of news this early in the season, but work needed to be done on promotion and next year they will be on top of it in the spring.

Mr. McKinley inquired as to whom was responsible for Sassamon Trace meeting its budgetary commitments. Mr. Palmer responded that if it (Sassamon Trace) did not meet its budgetary requirements, it would be the Town who was responsible. As a follow-up Mr. McKinley inquired as to whom sets the budget and whom should the Board be directing to meet their budget targets. Mr. Palmer explained that the structure of the golf course was an advisory group, the Town Administrator, and the Board of Selectmen. The Town Administrator, the Finance Director and the advisory group all would have a piece.

Mr. Hughes questioned why Mr. Palmer was not proposing to use last year’s available retained surplus to reduce the stabilization fund this year. Mr. Palmer responded that he wouldn’t look to do anything until the books were closed out for this year. He wouldn’t deal with that now because if there were $41,000 in excess funds available, they could be used as part of the offset.

Mr. Palmer’s handout showed a $300,000 difference between projection and the revenue, and Mr. Hughes asked if the difference was because of the rounds of play or that people weren’t using the carts. Dr. Salamoff responded that both Mr. Conley and Mr. Cohen agreed that the number of rounds was not a realistic figure for a new golf course. Mr. Hughes pointed out that the $672,000 appropriation to run the golf course was only $50,000 less than the $725,000 projection so you were still talking about 22,000 rounds and the course wasn’t getting the play. He questioned if it was possible to get that many rounds. Dr. Salamoff advised that it was possible but the golf course wasn’t even open a full season.

Based on the number rounds being sold, Mr. McKinley asked if the course was on the curve or below the curve. Mr. Palmer’s answer was that the rounds were increasing. It was difficult to say if they were on the curve because he didn’t have July and August experience to throw on. It (rounds) was lower than anticipated but there has been a pretty good increase. Some of the increase was because of increased advertising, but it was unrealistic that the course would be able to produce the number of rounds that were projected.

Mr. McKinley requested that a golf course update be scheduled for the Board’s first meeting in September at which time the numbers for July and August could be reviewed.

PUBLIC HEARING: ABOVEGROUND STORAGE OF FLAMMABLE MATERIALS; VALVOLINE

Before the Board was an application from Henley Enterprise, Inc. for the above-ground storage of the following flammables at 891 Worcester Street:

1,000 (2-500 gallons) waste oil

2,000 (4-500 gallons) motor oil

500 (1-500 gallons) automatic transmission oil

PUBLIC HEARING: ABOVEGROUND STORAGE OF FLAMMABLE MATERIALS; VALVOLINE (contd)

32 (2-16 gallons) grease dispenser

250 (1-250 gallons) window wash

In addition miscellaneous storage of 1-250 gallon new antifreeze

container and one 1-250 gallon used antifreeze container.

Representing the applicant were Attorney Richard Glaser and the President of Henley Enterprises, Donald Smith.

Mr. Glaser highlighted the site’s history noting that Computune had permits but was unable to construct. Mr. Smith then obtained the site and his plans were approved by the Planning Board and the Zoning Board of Appeals. It was a primary site and somewhat of a showpiece for Valvoline. There will be a substantial amount of landscaping that will include a strip along Route 9 and a 20 foot strip on the Route 27 side.

Donald Smith told the Board that the bulk storage was contained in a fully contained tank room capable of holding 110% of all the volume of the tanks if all the tanks leaked. The room would serve as a containment structure and has a dry chemical suppression system in accordance with Mass Fire Regulations. It was accessed by a draw off and the all the oil was pumped out of that room to consoles in automotive bays.

Mr. Stern asked Mr. Smith to describe the construction of the containment room – would there be a membrane or just concrete. Mr. Smith responded that it would just be concrete, although he had put a membrane in a facility in New Hampshire and they were looking to actually implement that into their base plans everywhere. Normally a concrete sealant was put on the floor, but there were much better epoxy resin systems and he was looking at using one of them.

Mr. Stern commented that he was not comfortable unless there was a membrane. Mr. Stern also expressed concern with the vapor recovery system, and Mr. Smith responded that there was an exchange system in the entire basement that required five changes per hour. Mr. Stern pointed out that it vented to the outside and asked in the event of a leak if there was any mechanism to prevent it from venting outside and capture the vapors. Mr. Smith advised that there wasn’t, but noted that motor oil was not as volatile as gas and didn’t have a lot of vapors.

Mr. Stern proposed having the Environmental Compliance Officer Robert Bois look at the plan. Mr. Ciccariello concurred.

Mr. Ciccariello then noted that in the letter to Maurice Paulette, the Fire consultant, Valvoline changed the use group to B and asked what the application to the Building Inspector had the use group as. Mr. Smith advised that the building permit was not issued until the plans were approved by Mr. Paulette.

Mr. Ball stated that he was very concerned with the issue of leakage. He was not sure where the aquifer recharge area was, but a couple of yards from the property was the dry cleaner that allegedly injected pollutants into the aquifer recharge area that the Town was still trying to get rid of. A crack in the concrete could end up with a

PUBLIC HEARING: ABOVEGROUND STORAGE OF FLAMMABLE MATERIALS; VALVOLINE (contd)

substantial leak into the ground and potential remediation problems that end up being an extensive cost to the Town. He inquired as to who, in terms of the design of this space, provided the expertise in terms of ‘it ain’t going to leak’ and if it does, it won’t get out of the building.

Mr. Smith advised that he was a petroleum geologist with an environmental studies degree and he owned and operated 30 of these facilities. He was very proactive in looking at sites to be protected and a lot of his sites were former gas stations that already had contamination. This site had residual contamination that Valvoline was going to clean up and he avoided underground tanks because they were fraught with danger. He believed he should be putting in a membrane and was making a commitment to put it in.

Mr. Smith continued that he never had a spill and believed in being a good neighbor and a good citizen in the community. Technology has moved ahead in the last 15 years, and he would be heating the building with used motor oil.

Mr. Ciccariello noted that the plan mentioned that there would be a depressed slab and if there was a rupture, the total capacity would be held 2-3 feet down from the main slab. Mr. Smith responded that it was in the basement under the main building. Mr. Ciccariello then asked a series of questions to which Mr. Smith replied that the walls would be poured and cast concrete, and the tanks would be filled from the outside along the wall. The fills would be in the front of the building toward the parking lot side facing toward Route 9. The tanks would be steel. He could use double walled tanks, but did not normally. When asked about an early monitoring system, Mr. Smith responded that the tanks were all exposed so there was no need to use one. There was a log on the tanks for waste oil that you have to write when the accumulation started, and when it was pumped out which was usually 7-10 days. Plus people access the room regularly.

Mr. Ciccariello noted that the tanks were so tight that he didn’t see how anybody could inspect the side or the rear of them. Mr. Smith responded that the tanks weren’t tight up against each other. They were several inches apart.

Regarding the membrane, Mr. McKinley asked if Mr. Smith was making a commitment to use a membrane at the Worcester Street location. Mr. Smith responded that he would make the commitment to use the membrane.

There was no one from the public wishing to comment.

Mr. Hughes moved to continue the hearing pending receipt of Mr. Bois’ comments. Seconded by Mr. Stern and unanimously voted.

Mr. Stern requested that Mr. Bois look at the issue of using used motor oil for heating fuel and make sure it was in compliance.

JORDAN’S FURNITURE, INC.: APPLICATION FOR ENTERTAINMENT LICENSE, COMMON VICTUALER’S LICENSE

Before the Board was an application from Jordan’s Furniture, Inc., One Underprice Way for an entertainment license for their Imax theatre and a common victualer’s license to sell refreshments at the theatre.

Representing Jordan’s Furniture was attorney Paul Galvani.

Mr. Galvani told the Board that the Imax theatre should be completed by August 9 with private showings starting August 12 and opening to the public August 24, 2002. To get to the Imax theatre, people will enter through the main entrance to Jordan’s. An application has been made to the Board of Health.

A motion was made by Mr. Ball, seconded by Mr. Hughes, to grant Jordan’s Furniture a common victualer’s license for the concession stand at the Imax theatre. Unanimously voted.

A motion was made by Mr. Hughes, seconded by Mr. Stern, to grant Jordan’s Furniture an entertainment license to operate the Imax Theatre at 1 Underprice Way. Unanimously voted.

JOHN INGEMI: APPLICATION FOR CLASS II WHOLESALE LICENSE

The Board was in receipt of an application for a Class II wholesale license from John Ingemi of 26 Bacon Street.

Mr. Ingemi told the Board that he was aware that with this license he would not be permitted to sell at his residence.

When the car was bought at the auction, Mr. Hughes inquired as to where it would be stored. Mr. Ingemi responded that he would have it pre-sold. It would be sold before it was bought. Mr. Hughes stated that Mr. Ingemi wouldn’t store any cars at his residence, and Mr. Ingemi’s response, ‘absolutely not’.

Mr. Hughes moved to grant John Ingemi a Class II wholesale license. Seconded by Mr. Ball. Mr. Ciccariello proposed an amendment to condition the license on there being no storage of vehicles on the premises. Mr. Hughes as the maker and Mr. Ball as the seconder of the motion agreed to the amendment. Unanimously voted.

WESTBOROUGH BEVERAGE CORPORATION: APPLICATION FOR CHANGE IN MANAGER, CHANGE IN CORPORATE OFFICERS & DIRECTORS

There being no one present representing Westborough Beverage Corporation, Mr. Hughes moved to table to the next meeting. Seconded by Mr. Ball and unanimously voted.

B&B LAND CORP: CONSERVATION RESTRICTION, WINTER WOODS

Representing B&B Land Corp were Peter Burke and Attorney John Burke.

John Burke explained that they were before the Board to gain approval of a conservation restriction which was the product of many years. The purpose of the conservation restriction was to maintain in its natural state a portion of the Winter Oaks Subdivision. There was a vernal pool system within the subdivision and the way to protect that had been negotiated in the formal conservation restriction. The restriction has

B&B LAND CORP: CONSERVATION RESTRICTION, WINTER WOODS (contd)

been approved by DEP, Town Counsel, Conservation Commission and the developer.

When asked if the land had been transferred to the Town, Mr. Burke advised that it had not been as of yet. Mr. Burke noted that not of the all land will become property of the Town. Several lots will be conveyed to the Town. The subdivision road was subject to the conservation restriction so at some point it would be owned by the Town.

Peter Burke showed the Board plans of where the restriction would be, and noted that it would protect the migrating corridors so wildlife can move from vernal pool to vernal pool.

Chairman of the Conservation Commission George Bain advised that the Conservation Commission had voted unanimously to approve the restriction.

Mr. Hughes moved approval. Seconded by Mr. Ball and unanimously voted.

MARK RAHMAN: WHITTIER RD., TEMPORARY GRANT OF LOCATION

Mark Rahman requested that the Board grant NSTAR a temporary grant of location in order that he could have electricity in his new home on Whittier Road.

It was explained to the Board that NSTAR had submitted a petition that was approved by the DPW and the public hearing was scheduled for August 5, 2002.

Mr. Ciccariello noted that this happened to be in his neighborhood and NSTAR had already installed a pole without permission. There was a second pole lying on the ground and he wondered if NSTAR was installing a second. Mr. Rahman responded that he had been told that NSTAR was upgrading the neighborhood.

Mr. Ciccariello reiterated that the pole had been installed and the abutter questioned whether it was on his property and whether the guy wire stakes were on his property as well.

Mr. Ball called attention to a letter in correspondence from Dane Moss about the same kind of unresponsiveness from NSTAR.

Mr. McKinley pointed out that Mr. Rahman needed electricity and moved to grant the temporary location with a follow-up public hearing on August 5th. Seconded by Mr. Ball and unanimously voted.

EARLY RETIREMENT BILL

In response to a request from a couple of Town employees to look at the Early Retirement Bill, Mr. McKinley noted that he had asked Mr. Lemnios, Mr. Palmer, and the Comptroller Ruthann Cashman to put something together.

Ms. Cashman gave the Board an overview of the early retirement incentive. She advised that the bill gave the Board of Selectmen the option of accepting the full five years or less and the Board could limit eligibility by group. She had identified 157 employees who would

EARLY RETIREMENT BILL (contd)

meet the age and service requirements as of December 31, 2002 – employees with a minimum of 10 years of service and 55 years of age. It was not anticipated that anyone would request the early retirement with 10 years and/or age 55 and that dropped the eligibility to 62 employees. The estimate of the employees who will elect to retire if the early retirement was offered depended on many factors. In group 1 there were 36 employees under general government, DPW, Schools. In group 4 there were 26 for Police and Fire. Counting the number of employees who approached the retirement system for assistance dropped the eligibility from 62 to 35.

The floor was turned over to Mitch Barlas, the Board’s appointee to the Retirement Board. Mr. Barlas told the Board that he was an actuary and a consultant with a number of cities and towns, but his firm did not serve as the actuary for Natick. He referred to the spreadsheet presented to the Board and advised that those numbers had been prepared Segal Associates. He explained that what Segal Associates did was to try to give a range of possible costs to the Town if the Town adopted the ERI (early retirement incentive).

Mr. Barlas continued that there were a number of options. First the Board would need to decide on the eligibility rules and then the specific incentives. The five years allowed by the bill can be combined between age and service, but the Board can give 1,2,3,4 years instead of voting for all five. The actuarial made an educated guess of who would accept and looked at what the incentives would provide each person eligible. The spreadsheet represents the cost of the ERI if there were 62 employees. In addition the actuary points out two sources of liability: l) liability to the retirement system which was a liability to the Town; 2) liability for health insurance depending on whether people were replaced or not replaced.

Mr. Barlas noted that included in the 1993 legislation was an anti backfill that said anybody who accepted the offer could not be replaced. That was not included in this year’s bill.

Mr. Barlas pointed out that the sheet had the figures for no replacement and full replacement. No replacement assumed that no one would be replaced and the full replacement assumed that all 62 would be replaced. He noted that the important numbers were the $5,447,500 for no replacement vs $6,059,400 for full replacement which represents the additional liability to the system if all 62 accepted the offer and assumed it would be for five years. If no one were replaced, there would be salary savings and a net savings to the Town with a present value of $9 million. On the flip side if all 62 were replaced, there was an additional cost for health insurance – paying for both active and retirees. That had a total additional present day cost to the Town of $7.7 million. Overall it ranged from a $9 million savings to a $7.7 million additional liability.

Mr. Barlas further noted that someone retired sooner than expected there wasn’t as much time to fund the benefits as thought so there was an additional loss experience. Plus there was the liability associated with the enhanced benefits and depending on how rapidly the Town funded the additional liability the Fiscal 2004 appropriation could increase

EARLY RETIREMENT BILL (contd)

by $141,900 if there was no replacement up to $326,900 if there was full replacement.

Mr. Hughes noted that in terms of no replacement that meant no replacement ever during which the people were in the retirement system. Mr. Barlas confirmed that as correct and added that the funding was 15-20 years.

Mr. McKinley asked for a clarification of Mr. Barlas’ statement that the net impact on the Town was $9 million for full replacement and for no replacement a first year salary savings of $3 million. After clarifying that this was Segal Associates’ spreadsheet, Mr. Barlas advised that the first year salary savings represented the salary of 62 people who were assumed to accept the offer. Since there was no replacement, there was no salary. Mr. Lemnios added that $141,000 would come out of the $3.2 million for the additional retirement cost. Mr. McKinley asked about the $9 million, and Mr. Barlas advised that that represented the present value of approximately 21 years.

Mr. McKinley inquired if there was some science for estimating that 62 out of 157 eligible employees would accept the offer. Ms. Cashman explained that it would give the maximum of 65 years and 80%. She tried to get people who were as close to the maximum as possible.

Mr. Barlas added that the actuary made a grid and looked at the compensation people would expect to retire. Anyone between 55-64 for whom the ERI would produce a benefit of 65-69% would be more likely to accept the offer.

When asked if the probability of the 62 accepting the retirement was high, Ms. Cashman responded that 35 people walked into the Retirement office.

Mr. Lemnios asked if there was any way to get the numbers to a break-even point, and Mr. Barlas responded that if the assumption was full replacement, there was because the Board had the discretion to limit the number eligible. The Board could limit the overall number and limit the number of people in each group. There was a mathematical way to figure out the break-even. The cost of full replacement could be reduced by limiting the number of people.

Daniel Hartwell, President of the Firefighters Union, noted that a lot of time had been put into this, but no one had been polled in any departments to see who was interested. He didn’t see how these figures were arrived at without asking who would be interested. He believed the numbers were far different than what the actuary was coming up with – far lower.

Fire Lieutenant VanTassel told the Board that he did some informal polls with the firefighters and found that possibility two would take it. He was upset with the figures that came out because it was a high ball and like Firefighter Hartwell, he felt there should be some communication with the people involved. It was being said that 26 people would leave from the Fire Department, but he thought that was very high.

EARLY RETIREMENT BILL (contd)

Mr. McKinley responded that he had been approached by a couple of public safety employees and agreed to have the Board look into the ERI. Ms. Cashman and Mr. Barlas were asked to round up some numbers. Maybe they were wrong, but who knows. This was the first night anyone had seen the numbers and it would take a while to review.

Police Sergeant Brian Grassey advised that he heard there may be 3 in the Police Department who take the ERI.

Alva VanTassel from the School Secretaries union, stated that there were 26 members in her union and she thought maybe 5-6 would take it. She pointed out that the retiring members were at the top level, and the replacement would be at the low end. Plus the replacements would not have the same amount of vacations and would not have longevity for five years. Out of the 26 members, only one had health insurance so the Town wouldn’t have to pay that. To her the numbers being put forth seemed awfully high and she would like to see it polled.

Mr. Lemnios noted that although the reaction to Ms. Cashman’s and Mr. Barlas’ numbers seemed to be negative, it was necessary to have an actuarial overview so we can begin to do the analysis for a break-even. Things to be looked at were what number, if any, of the employees should be replaced, the number of years, should the number for each class be limited, etc. Polling wasn’t necessarily inclusive of whom may take advantage. Some employees may want to preserve their privacy. There were 32 walk-ins inquiring about it so there was some level, or perhaps all, who would take advantage. The candidate pool has been pared from 157 eligible down to 62, and he would like to find a breakeven point. The Board has until November to accept.

Mr. Barlas stated that he supported and emphasized what Mr. Lemnios said. As an actuary this was looked at with a number of criteria. The way it was done was done was very common. It was laid out to allow the Town to do some additional analysis and using math a breakeven point can be found. The numbers presented tonight can be refined and in doing that it would be useful to have the input of bodies involved.

Firefighter Hartwell questioned if the study had taken into consideration the less vacation time, the lower pay scale, and the lower percentage being paid into the retirement system. While he understood that it was a first step, he felt the numbers put before the Board tonight was so off the walk, they couldn’t be considered. He felt the study should take place with all the information that needs to be there first.

Mr. McKinley inquired if the firefighters union was in favor of the early retirement, and firefighter Hartwell responded that he thought every bargaining unit was in favor even if it was only one guy.

A member of the School Maintenance union told the Board that there were only two men in his department and in the DPW he would say about five definite. He thought there were 20-25 people, not 62. He too encouraged some kind of a poll of the people would could retire. Mr. McKinley noted that tonight was a starting point and from here, they would go out to the people.

EARLY RETIREMENT BILL (contd)

School secretary Elaine White questioned why the employees weren’t notified that discussion of this bill was coming up. There was no notification and she only heard about it from word of mouth.

Mr. McKinley explained that he had been asked by some Town employees to look into it and the finance people were asked to learn some more about it and what it would mean to Natick so the Board can begin to understand and go back to the Town employees with some information. The intent was not to exclude the employees, but to better inform ourselves (Board). He felt this was a good first step and the next thing would be to ask Mr. Lemnios to tighten the scenarios and see what the bargaining units think were realistic.

In terms of the numbers of employees taking advantage, Mr. Ciccariello felt that the reality was that people would decide based on what the Board dangled out there in terms of number of years, service or age, etc. When they found out what the carrot may be, there may be more people interested. He felt it was good to start out cautious.

Mr. Lemnios stated that he was hearing the unions saying that the potential participants were lower than 62 and the Board could limit the number of participants. He could run some scenarios and after those scenarios were seen, the number of years could be massaged.

Mr. Hughes commented that the bottom line was not to replace those people. Nobody thought the Town was going to live without three police officers and three firefighters. The breakeven needed to be known.

POWERS PACKAGE STORE: LICENSE SUSPENSION DATES

Representing Powers Package Store was Attorney Theresa Capobianco and owner/manager Mary Ann Powers.

Mr. Hughes noted that there was a hearing September 13 and the Board could either hold until after that time or set the dates far enough in advance. He preferred to set the dates now.

Mr. Hughes moved to suspend the Powers Package Store license the first week in December – December 2,3,4,5,6. Seconded by Mr. Ciccariello. After some discussion the motion failed on a 2-3-0 vote. Mr. Stern and Mr. Hughes voted in favor of the motion. Mr. McKinley, Mr. Ciccariello, Mr. Ball were opposed.

In speaking to the motion Ms. Capobianco noted that the store was Ms. Powers’ livelihood and sole source of income. The matter was currently under appeal in Middlesex Superior Court and she believed imposing sanctions tonight may be premature and would suggest putting it off until the appeal process was exhausted. The hearing was currently set for September 13 and for that to occur the ABCC needed to produce its transcript in time for briefs to be submitted to the court. The superior court has experienced a number of layoffs and that has resulted in extreme delays in decision writing. She suggested that the Board consider putting off a decision until a later date as it would make more sense. If a date was set and there was no decision, it would involve Powers going in and extending the date of the sanction even further.

POWERS PACKAGE STORE: LICENSE SUSPENSION DATES (contd)

Ms. Capobianco continued that if the Board were inclined to impose the sanction, she would request that it be done without severely impinging Powers’ income. November and December were extremely busy and closing a package store for any period of time during those months would be severely detrimental to the store. If the Board were inclined to set dates tonight, she would propose pushing those dates one extra month to the first week of January. Powers would still serve the punishment imposed, the financial hardship would be severe, but would not be as detrimental as if they were imposed during the holiday season. She proposed January 6-10,2003.

Mr. Hughes noted that he was not suggesting imposing the penalty before the judge’s decision and if the judge didn’t decide, he would have no objection to moving the dates. He pointed out that this was not a de novo trial but an administrative review.

Mr. McKinley commented that the more this goes on, the more the Board was limited – between what were good available dates and getting this over with. Ms. Capobianco responded that she understood and appreciated the Board’s position and desire to have it resolved, but she implored the Board to not put Powers in an even worse financial position than she would be in. The extra 30 days was not a significant time and would put closure on this before the one-year anniversary of this decision.

If a different five-day period were selected, Mr. McKinley inquired if it would be accepted by Powers and the whole thing dropped. Ms. Capobianco replied that Powers would not drop its right to appeal.

Mr. Ciccariello asked for an estimate of the financial burden in terms of dollars for the dates being proposed vs the ones Ms. Capobianco suggested. Ms. Capobianco wasn’t sure of the amount but felt there was probably a $10,000 difference between the week in December and the week in January. If that were a contributing factor, she offered to get that information to the Board.

Mr. Ciccariello stated that he didn’t want to put somebody out of business who had been in the community for some time. Although he considered this offense to be serious and wanted people to understand that the Board was serious about it, he didn’t want to put a business owner in a position where they can’t survive. He was not prepared to suggest different dates without having the information on the difference between December and January.

Mr. McKinley stated that he was not inclined to go to January and if Ms. Capobianco wanted to change the dates being discussed, he would prefer to go sooner rather than later. Mr. Hughes pointed out that the judge had to be given time to issue a decision.

Ms. Capobianco responded that if the Board were looking for sooner, she would request something right after September 13 and would suggest September 30-October 4, 2002 which would satisfy the Board’s need to get it over and if the judge hadn’t made a decision by that date, she would be back. Mr. Hughes, however, didn’t think there was any likelihood that the judge would make a decision in two weeks. Ms.

POWERS PACKAGE STORE: LICENSE SUSPENSION DATES (contd)

Capobianco reiterated that if the Board were not inclined to go to January, she would request the soonest date.

Mr. McKinley moved to set the dates of the suspension for the first week in November – November 4-8, 2002. Seconded by Mr. Ciccariello. A subsequent motion was made and passed so no vote was taken.

Ms. Capobianco recognized that the Board was trying to be fair, but requested that the dates be set for the last week in October rather than November. November 1st started the extremely busy season for this industry.

Mr. McKinley then moved to set the dates of the suspension for the period October 28-November 1, 2002. Seconded by Mr. Ciccariello. The motion passed on a 4-1-0 vote. Mr. McKinley, Mr. Stern, Mr. Ciccariello, Mr. Hughes voted in favor of the motion. Mr. Ball was opposed.

LETTER OF SUPPORT: OPEN SPACE MASTER PLAN

On a motion by Mr. Hughes, seconded by Mr. Ciccariello, the Board unanimously voted to send the letter of support for the open space master plan as drafted.