Town of Natick - Board of Selectmen Minutes

The meeting was called to order by the Chairman Paul R. McKinley at 7:00 p.m.

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

ALSO PRESENT: Donna Challis, Secretary;

WARRANTS: Payroll warrants were signed by the Board of Selectmen on August 19, 2002 in the amount of $437,490.85. This figure was included in total warrants signed by the Board of Selectmen of $973,077.68.

On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to approve the minutes of the May 30, 2002 meeting.

With correction as noted, Mr. Stern moved approval of the minutes of the June 3, 2002 meeting. Seconded by Mr. Ciccariello and unanimously voted.

JESSIE RULE: REQUEST TO CLOSE PLAIN STREET; BLOCK PARTY

On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to approve Jessie Rule’s request to close Plain Street on August 24, 2002 (August 25 rain date) for a block party.

SEPTEMBER 11 MEMORIAL: USE OF COMMON

The Board was in receipt of a memo from Human Services Director Gwen Kermode requesting permission to use the Common on September 11, 2002 from 6:30-8:30 p.m. for a memorial/vigil.

Mr. Ball was unclear who was sponsoring the memorial service, and Richard Cugini, Superintendent of Parks & Recreation advised that Ms. Kermode was in charge. He (Mr. Cugini) noted that he received a telephone call asking if the Common was available. He believed Ms. Kermode had discussed it with the Town Administrator.

Noting that there looked like all kinds of activities, Mr. Ciccariello asked about the need for Police details. Although he had no problem approving the request, he would condition it upon getting input from Chief Brien and Chief Mannix. Will there be overtime for any details and would any other employees be paid to be there. What was the arrangements for traffic control.

Mr. Hughes stated that he had some of the same questions as Mr. Ciccariello, but if there was going to a memorial service, Ms. Kermode needed to start planning knowing she had the approval.

Mr. Hughes moved to approve Ms. Kermode’s request to use the Common on September 11, 2002 from 6:30-8:30 p.m. for a memorial/vigil subject to Ms. Kermode reviewing the final plans with the Board at the meeting of September 9. Seconded by Mr. McKinley and unanimously voted.

Hope Worldwide Fund Raiser

Stephen Guild recalled that two weeks before he spoke to the Board regarding Hope Worldwide and the permits that were required for them to have a fundraiser at Sam’s Club. At that time he told the Board that the International Churches of Christ and Hope Worldwide was the same and it was a cult. Sam’s Club helped him get in touch with Wal-Mart and he explained the situation to them. Wal-Mart did some investigation and as a result they (Wal-Mart) cancelled the events and barred Hope Worldwide from having any events there and cut them off from the Wal-Mart Foundation. However, there were some other things left to do.

Mr. Guild continued that the International Churches of Christ rent Natick High School twice a year. It seemed to him that if Wal-Mart was so appalled by the nature of this group that the Town should be as

CITIZENS CONCERNS (contd)

well. Janice Hall in the School Department told him that when it comes up again, the Schools would have to talk to Town Counsel.

Mr. McKinley responded that the Board of Selectmen had no control over the Schools and suggested that Mr. Guild share his position with the School Committee. The Town was in a different position than Wal-Mart and Town Counsel had said that it would be a very risky decision to deny them a permit. The School Committee should discuss it with Town Counsel.

INTERVIEW FOR APPOINTMENT TO REPUBLICAN BOARD OF REGISTRAR:

Mr. McKinley advised that the Board had learned this evening that Karl Schlemmer was unable to be here. That presented a quandary in that the Board interviewed the candidates at the last meeting and each candidate received one vote. As Mr. Stern and Mr. Ball were absent, the Board decided to table until their return. Unfortunately Mr. Schlemmer was not here, but continues to express an interest in being appointed.

Mr. Ball asked about tabling it again, and Mr. McKinley agreed that there was no reason it couldn’t be other than its been an inconvenience to both Bea Eaton and Donna Lambert who were both here this evening. Mr. Stern stated that he would prefer to speak to all of the candidates.

A motion was made by Mr. Ball to table. Seconded by Mr. Stern and unanimously voted.

INTERVIEW FOR APPOINTMENT TO RECYCLING COMMITTEE

Christopher Banthin told the Board that professionally his focus was in environmental law and he had a good understanding of the environmental

laws that may impact recycling. He just moved to Town two years ago and was welcomed very warmly and thought he would like to give back.

Mr. McKinley asked if Mr. Banthin had spoken with any members of the Recycling Committee and was aware of the duties. Mr. Banthin advised that he had.

Mr. Stern moved to appoint Christopher Banthin to the Recycling Committee. Seconded by Mr. Hughes and unanimously voted.

APPLICATON FOR COMMON VICTUALER’S LICENSE: LAMPARA, INC. D/B/A SKIPJACK’S

Before the Board was an application for a Common Victualer’s, All Alcoholic Beverages, and entertainment license for premises at 1400 Worcester Street.

Representing Skipjack’s were Attorney David Krumsiek, Corporate President Jeffrey Senior, Corporate Treasurer Betsy Wise, and the proposed manager David Maniscalco.

Mr. Krumsiek told the Board that until recently 1400 Worcester Street housed a restaurant and had a history of a license. Skipjack’s was a modest greater Boston chain in Boston, Newton, Brookline. They first opened in 1986 and served primarily seafood, steak and sushi.

Regarding the floor plan, Skipjack’s was proposing a lounge area situated when you come into the restaurant which would be a waiting area for people with dinner reservations. There will be liquor present, and Mr. Krumsiek assured the Board that his client was aware of the restrictions and the lounge would have a full menu. Service will be by waiter or waitress. The service bar will be in the far back of the restaurant. There will also be a sushi bar with a sushi chef. The client was aware of those restrictions (sushi bar) and all patrons at the sushi bar will be served alcohol by waiter or waitress.

Mr. Hughes noted that the lease was signed by Restaurant Concepts, Inc. and inquired as to whom was Lampara. Mr. Krumsiek advised that Lampara was a subsidiary. Mr. Hughes then asked about SLLP IV, LLC and was told by Ms. Wise that SLLP was the lessee. Mr. Hughes responded that he was having trouble understanding who was the responsible party for the license. It didn’t appear to be the lessee of the property. Mr.

APPLICATON FOR COMMON VICTUALER’S LICENSE: LAMPARA, INC. D/B/A SKIPJACK’S (contd)

Krumsiek explained that it was essentially the same group of people and the same principals.

Mr. McKinley asked if SLLP was the lessee and the dba was Skipjack’s. Mr. Krumsiek confirmed that as being correct. Mr. Hughes, however, pointed out that the entertainment license was Lampara d/b/a Skipjack’s and he didn’t see SLLP d/b/a Skipjack’s.

Mr. Krumsiek suggested that he could submit a separate petition and asked if the dba should be in the name of the lessee. Mr. Hughes replied that he was trying to understand who Lampara was as the application seemed inconsistent with the lease. Mr. Krumsiek felt that there was a corporate structure issue and if there was a problem he could pull that aspect of the application back and make it consistent.

He reiterated that it was the same people and the same principals and all the principals were here.

Mr. Hughes clarified that he wasn’t sure there was a problem, he just wanted to know the relationship between Lampara, Restaurant Concepts, SLLP to Skipjack’s.

When asked by Mr. Ciccariello if Skipjack’s was planning any construction, Mr. Krumsiek advised that it was under construction now. Permits have been pulled and the Building Inspector has reviewed the site plan. He believed the construction started August 1st and hopefully there would be a certificate of occupancy on October 1st.

Going back to the issue raised by Mr. Hughes, Mr. Stern proposed that the best way to resolve it would be for Mr. Krumsiek to submit documentation to the Board demonstrating the corporate tree and how Lampara fits into this and the relationship between Lampara, SLLP, and

Restaurant Concepts. He suggested a narrative letter along with the Articles of Organization. Mr. Krumsiek agreed to have that submitted to the Board for the September 9th meeting.

A motion was made by Mr. Stern, seconded by Mr. Hughes, to grant a common victualer’s license to Lampara, Inc. d/b/a Skipjack’s for premises at 1400 Worcester Street subject to receipt and satisfactory review of the appropriate corporate documents proving a connection between Lampara, Restaurant Concepts, and SLLP. Unanimously voted.

APPLICATION ENTERTAINMENT LICENSE – PIPED IN MUSIC: LAMPARA, INC. D/B/A SKIPJACK’S

Mr. Krumsiek advised that Skipjack’s was seeking an entertainment license for piped in music and cable TV in the restaurant at 1400 Worcester Street.

Mr. Hughes asked about the jazz brunch. Mr. Senior responded that he hoped to have it, but knew he would have to come back to the Board for the license.

Mr. Hughes moved that the Board grant Lampara, Inc. d/b/a Skipjack’s an entertainment license for 1400 Worcester Street for piped in music and cable TV subject to receipt and satisfactory review of the appropriate corporate documents proving a connection between Lampara, Restaurant Concepts, and SLLP. Seconded by Mr. Stern and unanimously voted.

PUBLIC HEARING: APPLICATION FOR COMMON VICTUALER’S ALL ALCOHOLIC BEVERAGES LICENSE: LAMPARA, INC. D/B/A SKIPJACK’S

Mr. Krumsiek noted that the 1400 Worcester Street premises had been previously licensed for a restaurant with liquor. The proposed manager, David Maniscalco, was present tonight and he (Mr. Maniscalco) had considerable experience with Skipjack’s and other restaurants. Mr. Maniscalco has been the general manager in Brookline for 19 months and was a certified TIPS instructor and trained 100’s of employees. In conclusion Mr. Krumsiek stated that Skipjack’s had a good history, knew what they were doing, and hadn’t had any problems.

Mr. Ball asked if Skipjack’s was aware of the Town’s educational requirements for servers, and Mr. Krumsiek advised that they were. He had been sent the procedures and reviewed them. Everybody had to be trained in 30 days and Skipjack’s would comply.

PUBLIC HEARING: APPLICATION FOR COMMON VICTUALER’S ALL ALCOHOLIC BEVERAGES LICENSE: LAMPARA, INC. D/B/A SKIPJACK’S (contd)

Mr. Hughes asked about the area on the floor plan designated expo chef, and Mr. Krumsiek explained that that was the expediting area where they put the garnishes on. It was for the wait staff.

Mr. McKinley asked about the private dining rooms and if they would be available for the general public when not booked. Mr. Senior’s response was, ‘yes, most definitely.’

David Maniscalco introduced himself as the proposed general manager for Skipjack’s in Natick. He told the Board that he had spent four years at John Harvard’s and was certified to teach TIPS. He intended to set up a TIPS class within the first two weeks.

There was no one from the public wishing to speak.

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

Mr. Hughes moved to grant Lampara, Inc. d/b/a Skipjack’s a common victualer’s all alcoholic beverage license for premises at 1400 Worcester Street subject to receipt and satisfactory review of the appropriate corporate documents proving a connection between Lampara, Restaurant Concepts, and SLLP. Seconded by Mr. Stern and unanimously voted.

RECREATION & PARKS: DEPARTMENT PRESENTATION

Making the presentation on behalf of the Recreation & Parks Department were Superintendent Richard Cugini and Vice-Chairman of the Recreation Commission Steven Carty.

Mr. Cugini distributed a copy of the current Fall/Winter brochure going out to all homes in Natick that included a map of the recreation areas.

Mr. Carty told the Board that he was both a commissioner and a customer. As a commissioner he participates with the Department in developing a core value for their existence and one requirement was for the department to provide a range of recreation programs that offer value and cost. Ninety percent of the programs that his family has participated in have been for his sons and he needed to be convinced that the programs were safe, they were learning something, and there was some kind of structure to the program. Recently his sons completed the Woodtrail program through July and prior to their enrollment the news media was rife with abductions and that was a concern. Mr. Cugini and his staff devised a pickup policy for the campers through which only one car per time was allowed to proceed and each camper was accompanied by a staffer identified the driver.

Mr. Carty noted that the Woodtrail camp includes day trips to various locations and because of fears of abduction he and his wife spoke to the counselor and the counselor took the time to write what transpired

during the day. Reading that at home had a monumental effect. For half the investment of a private camp, he got more value.

Mr. Carty continued that from his experience the contributions of Recreation & Parks leaned more to the intangible benefits that were difficult to measure and worth more than you could put a dollar value on.

In the packet distributed to the Selectmen was a list of recreation facilities, and Mr. Ball noted that he didn’t see the skate park on the list. Mr. Cugini advised that the skateboard park was a Town facility on School land and should be listed under the School Department, but it had been missed. Also missed was the Johnson outdoor skating rink.

Mr. Ball then asked about progress on the skateboard park with respect to helmets. Everybody seemed to be helpless in policing the regulations. Mr. Cugini responded that he had found two middle school teachers to go up to the skateboard park at various times and he felt the number of kids wearing helmets had improved. However, there wasn’t the money to put people there from dawn to dusk. They had tried for a policing grant but didn’t get the money. He added that what he has been seeing more of at the park were the bikers. Since the DPW filled in a series of pits on Middlesex Avenue Extension, the kids can’t use them and have been coming into the skate park.

RECREATION & PARKS: DEPARTMENT PRESENTATION (contd)

Mr. Ball asked if Mr. Cugini thought it was possible to create a culture that says helmets are cool. Mr. Cugini acknowledged that it was an uphill battle and any time someone comes from the newspaper the helmet comes off. The parents had to take some responsibility and he

felt there were more parents coming to see if people were wearing helmets.

Mr. Cugini noted that Recreation was faced with things such as giving medication to kids in programs, or developing pick up and drop off procedures that they were not faced with in the 1980’s. Things like having a RN or LPN were necessary and the department has to look carefully at the programs. Water quality testing was mandatory. People want to know the bacteria count and the department was required to post it. The personnel undergo CPR training and training for blood borne pathogens. The Department of Public Health requires the development of manuals with regulations and procedures for the operation of summer camps. There was the issue of CORI and SORI reports and training for people to drive the van for special needs programs.

In the area of parks, there were regulations and requirements for playgrounds and the Department of Agriculture issues pesticide regulations.

Mr. Cugini told the Board that the department’s goal was to provide a range of professional programs and he couldn’t say enough about how good the staff was. Through their efforts he felt the department provided a well maintained recreation facility, provided quality outdoor recreational facilities and parks, and provided leadership coordination and partnership with Town agencies.

He broke the department down into four areas: Recreation programs, Special needs programs, the Farm, and parks area.

The recreation programs encompassed the beach, performing arts concerts on the Common, the youth basketball which he thought was one of the finest programs in Metrowest, play groups, Woodtrail, public skating. For special needs programs, Mr. Cugini said he thought Natick led the area and was probably one of the top in the state. Everybody knew Camp Arrowhead. The skyline program was year round and did a great job. The farm did a great job. Regarding the parks area, Mr. Cugini explained that the Recreation Department did not do the maintenance. The department was responsible for the regulations, establishing fees, permits, scheduling, and communicating the maintenance needs to the DPW. DPW does everything they can to help.

Mr. Cugini continued that this summer the number of registrations went up 17%. There was a new golf league, and the beach numbers were up. He recognized the volunteers who help with the programs, especially Camp Arrowhead and the basketball program. He also recognized the business sponsorship that contributed about $65,000 to the programs. Without the business help, some of the programs couldn’t be done.

Mr. Cugini then addressed the challenges of the Recreation Department. With the economy on the downturn, the focus had to be on getting the best possible staff. The department didn’t go up on its fees this past year. Where the future leads, he didn’t know but he knew it had to be looked at carefully. The youth groups were busting out at the seams and as they grow, they are looking for new facilities and it was important to get new facilities so the areas being overused can be renovated and fixed. With the numbers increasing and the overuse, it was hard to maintain the fields. In addition as the maintenance budget of the DPW goes down, it will affect the users direct and indirect.

Referring to an article on the warrant that would reduce the number of Recreation & Parks Commissioners from 9 to 5, Mr. Hughes asked if the

nine-member government form was working. Mr. Cugini replied that it worked, but it would be nice to get it to a lower number. He added that it was a fine group and each had a different idea but nine was cumbersome. The commission unanimously felt the number should drop and discussed with the By-Law Committee having 5-7.

Mr. Hughes pointed out that the article would have all the commission members elected, and Mr. Cugini responded that that was what they would like to do.

RECREATION & PARKS: DEPARTMENT PRESENTATION (contd)

Mr. McKinley asked if the current commission had taken an official vote, and Mr. Cugini answered that he believed that vote had been taken. Mr. McKinley then asked if it was understood that the four appointees had voted themselves off. Mr. Carty noted that they had done so with a qualifier that they would still have a job, but Mr. McKinley pointed out that if Town Meeting passed the article, Mr. Carty and three others would come off. He (Mr. McKinley) was surprised that that was being put forward. Mr. Cugini stated that he believed there was a feeling that with nine that other people would make the meeting and with five, people would make more of a commitment. Plus he thought

it was at a point where some of the commissioners had been around for quite a while and were probably looking to step aside.

If that were true that some members were looking to step aside, Mr. Hughes suggested that that be made clear to the Board as the appointing authority and maybe there were other members of the community who would like to serve.

If the by-law was going to be changed, Mr. McKinley questioned if made sense to make the five members appointed and once a year the Board can say do you want to be re-appointed. Mr. Cugini advised that the commission felt that if people wanted to be on the commission, they should look to step up and get elected.

Noting that there was 12 administrative staff, Mr. Ciccariello inquired as to the actual number of staff. Mr. Cugini advised that there were 400 part-time positions and pointed out that only seven of the twelve were full-time.

Given the extent of the volunteers and corporate donors, Mr. Stern inquired as to what mechanism was in place to recognize the volunteers and donors. Mr. Cugini responded that with the volunteers he tried at the end of each program to have something for them. For the Camp Arrowhead volunteers this year they took them to Six Flags and got them reduced tickets. For the youth basketball it was self-fulfilling because the parents like to coach their kids. For the sponsors he tries to get a picture of the team or the event and present it to the business to hang in their store.

Referring to Mr. Cugini’s mention of the complexity of the role of the counselor and the need to dispense medication, Mr. McKinley assumed he was talking about medication prescribed by a doctor and not first aid. Mr. Cugini confirmed that as correct. Mr. McKinley then inquired about the Town’s role and if the Town could be accountable for dispensing.

Mr. Cugini explained that for the camps there was a consulting doctor who OK’s the process and when he signs off he gives it to the nurse. If the process wasn’t followed, the Town would be liable, but he was certain that the process was always followed. The problem was that it was trying to creep into other programs, and it had to be very clear to the staff what was being taken and some of the side effects. Mr.

McKinley urged Mr. Cugini to remain conservative in that area and Mr. Cugini agreed.

SAFETY COMMITTEE RECOMMENDATIONS

Police Chief Dennis Mannix, Chairman of the Safety Committee, reviewed the recommendations from the Committee’s April 30, 2002 meeting.

Exponent/Strathmore Road Parking Problem

In response to a letter from the Director of Exponent on Strathmore Road, the Committee discussed the issue of BJ’s Wholesale Club employees parking on the east side of Strathmore Road blocking the entrance to Exponent. The recommendation was to make the east side of the road NO PARKING from 19 Strathmore Road, northerly, to 29 Strathmore.

When asked by Mr. Stern if BJ’s had been notified, Chief Mannix responded that Sergeant Davis spoke with them and they (BJ’s) understood there were problems.

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

SAFETY COMMITTEE RECOMMENDATIONS (contd)

Proctor Street/Stop Sign

The Committee discussed a letter from Carol Hughes expressing a four way stop on Proctor Street. Sergeant Davis had recommended against a four way stop at that location and suggested placing the speed trailer on Proctor Street to assess the excessive speed issue. The Committee voted against recommending a four way stop.

Reynolds Avenue/Parking

A neighborhood petition had been submitted to the Committee requesting a NO PARKING FROM HERE TO CORNER sign on the corner of Reynolds Ave/Pond Street. At Sergeant Davis’ suggestion the Committee voted to recommend restricting parking for the first fifty (50) feet from the corner of Reynolds Ave/Pond Street.

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

Travis Road/Request for Barrier

Travis Road resident Paula Rooney had requested that a barrier be placed at the end of Travis Road. The Committee voted to table the issue until Sergeant Davis was able to speak with John Cuniff, LFNR Supervisor, and assess the situation.

Governor’s Highway Safety Bureau Speed Watch Program/Hartford St.

Sergeant Davis discussed the GHSB Highway Speed Watch Program and Hartford Street study with the committee and informed the committee that a meeting was held May 7 at the Kohl Community Center to discuss the scope of the program, education process, followed by enforcement. He informed the committee that the Hartford Street study would be submitted to the Board of Selectmen for approval.

Boston Scientific/Overgrown bushes

Chief Mannix reported that Sergeant Davis would review and report back to the Committee.

ENVIRONMENTAL COMPLIANCE OFFICER: GRANT APPLICATIONS

Robert Bois, Environmental Compliance Officer, appeared before the Board seeking support of his application for two grants from the state.

He explained that the first was the Toxics Use Reduction Networking (TURN) Grant Program. The grant would be used to fund a project that

would raise awareness, understanding, and implementation of a program to reduce amounts of toxics found in household trash. Implementation of the so-called toxic free trash program would begin in one of the Town’s Sanitation Districts and if successful, would move into the remaining districts over time. The grant award amount was $10,000 and would be used to pay for outreach efforts and materials to establish a toxic free trash program in one of the Town’s five sanitation districts.

The second was for a school chemical manager plans and clean-out technical assistant grant program. The grant would provide for contractor support to appropriately remove stockpiled chemicals found in schools and to establish an effective chemical management plan to prevent chemical stockpiling from repeating. The so-called ‘less is better’ program was to establish a chemical management plan and provide up to $20,000 to cover chemical clean-out expenses. The Town’s two middle schools and the high school have been selected as the locations for this to occur.

Mr. Bois advised that he was working with the DPW on the TURN grant and with the Schools on the chemical clean-out grant.

Mr. Hughes inquired if the TURN grant was just to deal with chemicals or was it everything like cathode ray tubes, etc. Mr. Bois responded that it was primarily for toxics in consumer products. The goal was to give people options and move them away from toxic products by using greener products to manage pests and weeds, etc.

Mr. McKinley stated that he had no problem supporting the awareness piece as long as people were provided with an alternative of what to do with what they have.

Mr. Hughes moved that the sign the letters of support as drafted for both grants. Seconded by Mr. Ciccariello and unanimously voted.

BY-LAW & CHARTER REVIEW COMMITTEE: TOWN MEETING ARTICLES

As the Chairman of the By-Law & Charter Review Committee was unavailable this evening, Mr. Hughes moved to table discussion of the By-Law & Charter Review Committee Town Meeting articles to September 9. Seconded by Mr. McKinley and unanimously voted.

RCN: MODIFICATION OF LICENSE

Mr. McKinley reported that Thomas Steel, VP and Regulatory Counsel for RCN, was unable to attend tonight’s meeting. The Board has spent the better part of two months on this and he (Mr. McKinley) asked Attorney Peter Epstein to draft a modification agreement and begin the process with posting. If RCN wants to comment on it, they can do so within the public comment period.

Mr. Hughes moved to post the modification as drafted by Attorney Epstein and invite public comment. Seconded by Mr. Ciccariello and unanimously voted.

CONTINUE PUBLIC HEARING: APPLICATION FOR COMMON VICTUALER’S WINE & MALT ALCOHOLIC BEVERAGES LICENSE: A.T. PAN CORPORATION D/B/A SHANGHAI TOKYO CUISINE

Before the Board was A.T. Pan Corporation d/b/a Shanghai Tokyo Cuisine’s application for a wine & malt common victualer’s license for premises at 54 East Central Street.

Representing Shanghai Tokyo were Tony Pan the owner and Attorney David Dubinsky.

Mr. Dubinsky told the Board that Shanghai Tokyo was a small restaurant at 54 East Central Street doing business there since April and

currently seeking a wine & malt permit. The sole director and principal was Tony Pan, and Mr. Pan had significant experience in the restaurant industry. He (Mr. Pan) had owned Roses Chinese for three years. He has completed the TIPS course and was waiting for his certificate. The establishment has been inspected by the Building Inspector and certified as having 50 seats. There was a sushi counter but with no seating.

Mr. Dubinsky submitted the vote of the Board of Directors authorizing the application and appointing Mr. Pan as the manager.

Mr. Hughes asked if alcohol had been served at Roses, and Mr. Dubinsky advised that it had not been. He noted that Roses was principally takeout.

Mr. Hughes then noted that the application indicated there was no construction necessary but it looked like the location of the sushi bar was substantially changed. Mr. Dubinsky confirmed that there was no construction and explained that the only change was the addition of two tables which were portable. The sushi bar hasn’t moved. Mr. Pan has removed three small tables that were part of the waiting area for takeout.

Mr. Ball inquired as to the number of employees who will be serving alcohol, and Mr. Pan replied that there would be one during the summer. When asked if he was aware of the requirements for the training of those employees, Mr. Pan’s response was, ‘yes’. Asked if he realized that other employees must be trained within 30 days, again Mr. Pan’s response was, ‘yes’. Asked if realized that that pertained to future employees as well, once again Mr. Pan’s response was, ‘yes’.

Mr. Stern moved approval of granting A.T. Pan d/b/a Shanghai Tokyo a wine & malt common victualer’s license for premises at 54 East Central Street. Seconded by Mr. Hughes and unanimously voted.

Mr. Hughes reminded the applicant and his attorney that the license to serve was not valid until the ABCC approved.

DIRECTOR OF ASSESSMENT: TRASH FEE POLICY DIRECTIVES

Director of Assessment William Chenard reported that he had been able to successfully add the trash fee to the utility bills with a minimum cost. There was a small cost for a software change. He did, however, have some serious concerns about the time and effort his staff and the DPW was putting in. Because of a hiring freeze he was down two positions and getting behind. On some days his office has had in

DIRECTOR OF ASSESSMENT: TRASH FEE POLICY DIRECTIVES (contd)

excess of 250 telephone calls on trash and not too many people were calling to say thanks.

Mr. Chenard stated that he was before the Board tonight for some policy direction and how to deal with vacant property, people who have vacant apartments, leave homes for vacation or spend the summer/winter away. He noted that his request would be to keep it as simple as possible and if the Board instituted any abatement, to give specific guidelines – i.e. how long the payer must be absent. From a management standpoint

he would prefer no abatements. Nobody could foresee the time being spent on this and he thought the policy in place was working. His department was getting numerous new applicants that qualify for an

exemption and that was good. The people who need the help were getting it.

Mr. Ball noted that he had had several snowbirds call him and on the surface their point was legitimate. They were not here for six months so why should they be paying a trash fee for the whole year. However, the inequity of that situation was no different than the guy who puts out one bag vs seven. He couldn’t see the rationale for trying to deal with the snowbird inequity and not deal with the difference in the trash volume inequity, and the Board had agreed that it couldn’t deal with the difference in volume.

Mr. Ball stated that he also didn’t know the impact on the total revenue that would be raised if the Board started abating based on people not being here. Clearly there would be a shortfall and the shortfall would come from dealing with one inequity and not another. He thought the Board should take the position this was a $175 bill per household period and it was going away June 30th.

Mr. McKinley felt it important to remember that when the Board was going into this (trash fee), there was considerable discussion about ways to balance and make it more equitable and it was concluded that the very simplest method possible was the most appropriate. It (trash fee) was temporary and going away in one year. July 1st pay-as-you-throw comes on board and virtually all of these problems get solved. Instead of implementing a trash fee, had the Town decided to do a 2-l/2 override, it would have ended upon in the tax rate and people would have to pay anyway. Nobody was happy about it, but it would go away in a year.

Mr. Ciccariello pointed out that while there were some negatives, there was a positive in getting more elderly to recognize that an exemption exists and take advantage of it.

Mr. Hughes moved to leave the exemption as currently constituted and not create any other means of abatement. Seconded by Mr. Stern and unanimously voted.

NAMING PROCESS POLICY

Mr. Ball noted that the issue of naming public places comes before the Board from time-to-time. Almost always the request was an emotional one and the Board frequently reacts on the basis of that emotional appeal and occasionally gets itself into trouble. A classic example was the Anniballi Park and it wound up with a lot of unhappy people. He was looking for a protocol to avoid having that happen in the future when the Board receives a request to name a property and would propose the following process:

The Board of Selectmen solicits the opinion of the Natick Historical Commission regarding the historical impact, if any, of the proposed naming.

With the Historical Commission’s opinion in hand, a public hearing is held

After closing the public hearing, the Board votes on the request.

Mr. Ciccariello stated that he had no problem with the recommendations, but in addition he would like to see the Community Development office made aware of it.

Mr. Hughes concurred with Mr. Ball and Mr. Ciccariello, adding that he thought it was an excellent way to resolve the problem. He pointed out that in the Anniballi case the change was made by an individual who

NAMING PROCESS POLICY (contd)

went to the State without the Board knowing about it and he was not sure how to prevent that.

Had the policy been in place 5-6 years ago when the Board of Selectmen first voted the change (to Anniballi Park), Mr. McKinley didn’t know if the outcome would have been any different but at least this was an effort to solicit some input from other people. Stretching it out over 1-2 meeting may give an opportunity for more people to participate, and he was in support of the policy.

Mr. Ball moved to adopt the policy as presented with the addition of notification to the Community Development. Seconded by Mr. Hughes and unanimously voted.

PACKAGE SEWAGE PUMP STATION: AWARD CONTRACT

In a memo to the Board, DPW Director Charles Sisitsky recommended awarding the contract for a package sewage pump station to the low bidder USEMCO, Inc. in the amount of $37,290.00.

Mr. Ciccariello noted that the bids had been received on January 31, 2002 and it was his understanding that an award had to be made within 30 days. Prior to voting, he would like a clarification.

Mr. Ball stated that he would like to know what a package sewage pump station was and moved to table consideration until DPW Director Charles Sisitsky and Water/Sewer Supervisor Jack Perodeau were present. Seconded by Mr. Ciccariello and unanimously voted.

BUDGET PLANNING SUBCOMMITTEE UPDATE

Mr. Hughes informed the Board that the Budget Planning Subcommittee had met on August 14. School Department representatives were present and the consensus was that everybody was well aware of the budget constraints and before there was any talk of moving forward on additional revenue, Philip Lemnios (Town Administrator) recommended that all departments be running as lean and mean as possible. Further discussion was tabled until September 9th when Mr. Lemnios gets back. Mr. Lemnios seemed well aware of the problems with the Fiscal 2004 budget.

Mr. Hughes further advised that Finance Director Robert Palmer had informed the Subcommittee that the shortfall for Fiscal 2003 was only about $200,000 between projection and what will be received and it did not have to go forward to Town Meeting. The Town Administrator, Finance Director and Budget Planning Subcommittee will be looking closely at the budget in the fall as to whether or not there was a need

for an override. The thought was to see how long we could stave that off with doing business a little differently.

Mr. McKinley inquired as to how the $200,000 would be made up and Mr. Hughes responded that there were some savings, i.e. not replacing the Deputy Town Administrator which saved about $75,000. There were other things like that to close and balance the budget.

Finance Committee Chairman Frank Foss was in the audience and concurred with Mr. Hughes’ statements.

Mr. Hughes added that James Connolly, School Superintendent told the Subcommittee with regard to the school bus fee, that in excess of 2,000 people signed up and he may have to add an extra bus from last year. He expected more sign ups right up to the fall.

In response to Mr. Ciccariello’s comment about next year’s budget, Mr. Hughes thought it was too early to tell if the July 1, 2003 budget would be out of balance and if so by how much. There were two unknowns – what the state would do and the labor contracts. Everyone of the Town’s labor groups were presently in the last year of a three-year contract.

Mr. Hughes advised that another meeting was scheduled for the Wednesday after Town Meeting.

FALL TOWN MEETING ARTICLES

Of the 61 articles submitted for the Fall Town Meeting, Mr. McKinley highlighted Articles 10, 13, 14, 15, 16, 17 as articles the Board may wish to take a position on. Article 10 involved renovations and

FALL TOWN MEETING ARTICLES (contd)

expansion of the DPW facility; Article 13 free cash to reduce tax rate; Article 14 municipal charges lien for trash service; Article 15 authorization to purchase State land on Speen Street; Article 16 authorization to sell and/or dispose of Eliot School; Article 17 a deed addendum for the TCAN building on Summer Street.

With regard to Article 17, Mr. McKinley advised that he spoke with the Chairman of the Board of The Center for Arts in Natick (TCAN), and Mr. Hurwitz has agreed to come before the Board on September 9 to give a cohesive explanation of what TCAN was trying to accomplish and hopefully before then the Board can get an opinion from Town Counsel.

Mr. McKinley explained that the essence of the article was that TCAN has or was in the process of negotiating a mortgage on the building. Banks being banks, they (bank) want to be first in line if the mortgage defaults. His first reaction was that it was potentially a problem, and he suggested that Town Counsel review the actual wording of the article. He hoped that Town Meeting would look strongly to the Board for some guidance as it was the Selectmen who created the initiative for the purchase & sales agreement.

Mr. McKinley noted that Articles 24-61 were Charter & By-Law Review Committee articles, and the chairman of that committee Raphael Herz will be at the September 9 meeting to address those articles.

Mr. Hughes requested that Town Counsel provide the Board with a sentence of what each article would change or accomplish. He noted that one of the articles seeks to change the by-law that allows the Board to deny, refuse or revoke a license that was more than one year late. That was discussed with Town Counsel a year ago and he advised that a change would require special legislation.

Mr. Foss noted that if the Board didn’t request such a synopsis the Finance Committee certainly would.

Mr. McKinley stated that he had a different proposal. Having reviewed some of these articles, some have merit, but whether they pass the technical test of being legal he didn’t know. Others were so obtuse that he had no idea of what was trying to be accomplished and some appear to be clearly flawed. He was not sure that Town Meeting could digest 40 articles and he was not sure he wanted to spend a lot of time and money having Town Counsel go through the articles until the process was decided.

Mr. McKinley proposed that the Board ask the By-Law Review Committee to prioritize. Have them come in with 5-10 and have Town Counsel and the Finance Committee focus on those 5-10 and withdraw the rest. The other

possibility was to withdraw all the articles and have a special some time in the future.

Mr. Ball agreed that this may be a daunting number of articles, but he didn’t think it was within the Board’s purview to suggest to a committee doing their job that they were doing too much. He thought it was incumbent on the Board to do the best it could to provide Town Meeting with a recommendation.

Mr. Hughes felt it was presumptuous of the Board to think Town Meeting would not look at all of these. He didn’t think the articles could be withdrawn. He knew that Mr. Lemnios had had a discussion with Mr. Herz and suggested what Mr. McKinley was proposing, and the result was that Mr. Herz filed forty articles. Mr. Hughes felt the Finance Committee would look at every one of the articles and the Board might as well get Town Counsel’s blurb on each one. Included in his synopsis, Mr. Hughes said he would like to know from Town Counsel whether passing Article 56 requires the passage of Article 58. If one article gets passed and the other doesn’t, it would create a mess and he would like to know if there were articles like that.

Mr. Hughes commented that this should have been done before the articles got filed. The argument that the committee was trying to save Town Counsel time and money by doing this first didn’t make sense.

Mr. Ball wanted to have Town Counsel start with Article 24 and work on down the list, but Mr. McKinley disagreed. Mr. McKinley felt there were some basic articles for the continued operation of the Town and he

FALL TOWN MEETING ARTICLES (contd)

should start with the most important. Nothing would break if the Charter & By-Law Review articles didn’t happen, and he felt the concentration should be on the most important.

Mr. Hughes noted that the Finance Committee was starting their hearing on September 11 and Town Counsel would have to be done by then so Mr.

Foss could have a reasonable hearing. The mailing to Town Meeting has to go out October 5th so Mr. Flynn had to do it now.

TCAN: FAÇADE EASEMENT LICENSE

Mr. Stern recused himself and left the table.

Mr. Hughes recalled that the façade easement had been offered in return for reducing the building permit fees for the renovations at 12 Summer Street to $4,000. The easement can only be accepted by Town Meeting. The license allowed the easement to be in effect upon the Board of Selectmen’s acceptance. The license keeps the façade the way it was until Town Meeting acts.

A motion was made by Mr. Hughes to accept the license for a façade easement on the east side of the 12 Summer Street building. Seconded by Mr. Ciccariello. The motion passed on a 4-0-0 vote. Mr. McKinley, Mr. Ciccariello, Mr. Ball, Mr. Hughes voted in favor of the motion. Mr. Stern had recused himself and did not participate in the discussion or vote.

Town Counsel Review of Ongoing Litigation

Mr. McKinley told the Board that he would like to schedule a date to sit down with Town Counsel to review ongoing litigation. Rather than squeezing it in before a regular meeting he would like to schedule a separate session. The Board was unable to find a mutually agreeable date during the month of September and it was left that staff would look at some dates for October.

SELECTMEN’S CONCERNS

Mr. McKinley noted that he had some concerns with the Pegasus operation and had asked to have it listed on the agenda.

Mr. Ball stated that he too had concerns about Pegasus not being on the air when they (Pegasus) had hoped to be and promised to be. They (Pegasus) had difficulty with RCN installing fiber optic. The latest news he had from Peter Zadwaski was that Pegasus will begin broadcasting full-time tomorrow evening at 8:00 p.m. They have all the technical issues resolved and will be on the air at 8:00 p.m. tomorrow.

Mr. McKinley expressed disappointment with what had been seen so far, and would see what happens.

Golf Course Maintenance Facility