BOARD OF SELECTMEN
Natick Town Hall
November 3, 2008
6:00 p.m.
The meeting was called to order by the Chairman John Ciccariello at 6:05p.m.
PRESENT: John Ciccariello, Joshua Ostroff, Kristine Van Amsterdam, Carol A. Gloff, John Connolly
ALSO PRESENT: Martha White, Town Administrator; Donna Challis, Secretary
WARRANTS: Payroll warrants were signed by the Board of Selectmen on November 3, 2008 in the amount of $564,382.86. This figure was included in total warrants signed by the Board of Selectmen of $1,406,255.46.
EXECUTIVE SESSION
Ms. Gloff, seconded by Ms. Van Amsterdam, moved to enter into executive session to discuss matters pertaining to litigation. By roll call vote the motion passed on a 5-0-0 vote. At 6:01 p.m. the Board entered into executive session after announcing that the meeting would return to open session.
RISE N’SHINE: APPLICATION FOR COMMON VICTUALER’S LICENSE
Before the Board was an application from O’Hare & Daigle d/b/a Rise N’ Shine for a common victualer’s license for premises at 45 Main Street. The owner of Rise N’Shine, Dennis O’Hare, told the Board he was trying to open a breakfast and lunch restaurant in downtown Natick with catering.
Mr. O’Hare confirmed that he was not seeking a liquor license.
Mr. Connolly disclosed that Mr. O’Hare was a customer of his and a personal friend.
Mr. Ostroff inquired as to when the restaurant would open, and Mr. O’Hare responded that he hoped it would be within the next three weeks.
Ms. Gloff inquired as to the hours and was told by Mr. O’Hare that he was looking to open from 5:30 a.m.-3:00 p.m. Catering would also be available and at times he would do specialty dinners during which he would close down the restaurant.
Mr. Ciccariello asked about building permits and if everything was OK with the Building Department. Mr. O’Hare advised that permits had been pulled and he was all set with the Building Department.
A motion was made by Mr. Ostroff, seconded by Ms. Van Amsterdam, to grant O’Hare & Daigle d/b/a Rise N’ Shine a common victualer’s license for premises at 45 Main Street. Unanimously voted.
NATICK SERVICE COUNCIL: WAIVER OF BUILDING PERMIT FEE
Representing the Natick Service Council in their request for a waiver of the building permit fee associated with their move to the old Coolidge Junior High School was the Executive Director Wissa Wissa.
It was Mr. Ostroff’s understanding that the Natick Service Council had been invited to apply for a building permit and subject to a decision of the Board the check would be cashed or returned. He inquired as to where that stood.
Mr. Wissa advised there was a board meeting this week at which they would commence the lease and apply for the permit.
Mr. Ostroff then inquired as to when the Service Council planned to move and was told by Mr. Wissa that hopefully it would be in May.
To Mr. Ostroff’s query as to disruption in the food pantry in the transition, Mr. Wissa gave assurance there were plans made by the Council and he thought everything would go smoothly.
Since the Natick Service Council hadn’t filed for a building permit, Mr. Ciccariello inquired as to the amount the Board was being asked to waive. Mr. Wissa understood it would be about $4,500 which was based on input from the Building Department. Mr. Ciccariello questioned if the plumbing and electrical fees were included in the waiver and Mr. Wissa’s reply was, “yes”.
NATICK SERVICE COUNCIL: WAIVER OF BUILDING PERMIT FEE (contd)
The inclusion of the certificate of occupancy fees was raised, but Ms. White believed that would be a separate issue. Definitely the other fees like the Fire Department, Health inspection were outside the building permit fees.
Ms. Gloff inquired as to the history of the Board waiving these types of things. Ms. Challis advised that in the past the Board had waived building permit fees for the Congregational Church and The Center for Arts in Natick (TCAN) as well as the Housing Authority and for some School projects. In the case of the Congregational Church, the church agreed to do some sidewalk and landscape work that had originally been proposed for the Route 135 project but then eliminated if the building fees were waived. There was a partial waiver of the fees for TCAN and both the electrical and plumbing inspectors agreed to waive their fees.
Mr. Connolly commented that some citizens approached him and suggested there were some services being duplicated by the Natick Service Council and the Council on Aging. Did Mr. Wissa work with the Senior Center?
Mr. Wissa responded that the Natick Service Council received referrals from the Senior Center and gave referrals to them as well.
Mr. Connolly noted that some of the Service Council’s board members indicated that if the Service Council did not have to pay the $4,500 the money could be utilized to help families in need. Mr. Wissa’s response was absolutely. If it were made a condition of waiving the fee that the money would be solely used for fuel assistance, Mr. Connolly asked if Mr. Wissa would provide proof the $4,500 was used for that. Mr. Wissa responded that he would provide anything the Board wanted in terms of emergency financial assistance which includes rent, fuel, medical assistance, food.
A motion was made by Mr. Ostroff, seconded by Mr. Connolly, to waive the building permit fees up to $4,500 for the planned renovation at Coolidge gym and six months after the project commenced the Board to receive a document of the assistance provided to Natick residents. After a lengthy discussion the motion failed on a 2-3-0 vote. Mr. Ostroff and Mr. Connolly voted in favor of the motion. Mr. Ciccariello, Ms. Van Amsterdam, and Ms. Gloff were opposed.
In discussion of the motion, Ms. Van Amsterdam acknowledged the countless persons assisted by the Natick Service Council. The evidence presented of the work done for members of the community was unquestionable. As she viewed her role sitting on the Board of Selectmen the Town exists to aid all the citizens of which those persons for whom the Natick Service Council serves were a subset. The Board did not have criteria by which to make a decision regarding public charities and the decision becomes arbitrary and capricious.
Ms. Van Amsterdam continued that the Board could utilize the data the Service Council provided as the foundation for a future policy. Without criteria there was nothing to distinguish among or between various appellants. As a citizen she could hand a check to the Service Council and her family did, but in the role of a Selectman she was concerned as the Board had not set any criteria. TCAN was vetted by the entire community. Town Meeting spent many hours discussing the building and any tax relief. In the case of the Congregational Church the inkind services were such that any and all citizens could walk on that sidewalk. She applauded the efforts of the Service Council but could not vote in favor of the waiver of the fee.
Mr. Ostroff thanked people that volunteered to the Service Council and donated their work there on behalf of thousands of residents. The Council was something that helps people with subsistence. He thought what the Council did was noble and praiseworthy and felt it was apparent the services people receive from the Council would fall to the Town or some other private charity (if the Council were not there). In 50 years the Natick Service Council has proven itself worthy of this request. Over the past few weeks the Board requested financial information from the Service Council and there wasn’t any indication that any information requested had not been received. This was an example of coming together to provide needed assistance for a worthy cause.
Mr. Wissa offered his thanks to all the volunteers that helped the Service Council. There were over 125 volunteers and without them the Council would not be able to provide the service it did.
NATICK SERVICE COUNCIL: WAIVER OF BUILDING PERMIT FEE (contd)
Mr. Connolly thought it was no secret the $4,500 could be used by Natick, but it was his understanding it would go to people in need and what better inkind services could you come up with. If $4,500 could help 10 families that was a huge inkind service. He hoped the Board would support the waiver.
Ms. Gloff stated that she had mixed feelings. A number of people had contacted her about this request. People from all walks of life some of whom were very involved in the Service Council over the years. Not one person had contacted her that said she should vote for this waiver. Every person said she should not vote for the waiver. There were different reasons, but nobody was advocating on behalf of the Service Council. One thing was expressed to her by a number of people and that was that the Town was facing some difficult financial times. There was also concern of services overlapping with Town services.
Ms. Gloff questioned what would happen the next time a non-profit came to the Board. How would the line be drawn as to who was given the waiver and who wasn’t. She stressed that she was struggling with this. She donated to the Service Council and would continue to do so but it was difficult to rationalize the waiver.
Mr. Ciccariello thought the Service Council did some great things for the community as well as individuals outside the community, but there were other non-profits that do wonderful things and they all rely on fund raising. Mr. Ciccariello noted that he had a lot of discussions with the Council on Aging and the human services the Town provides for those in need in Natick. There has been an increased demand at the Council on Aging for transportation money and a request for other services. There was a major increase for Veterans services. The Finance Committee transferred $70,000 from the Reserve Fund for Veterans. $4,500 probably didn’t sound like a lot of money but the Council on Aging sought $2,000 a month ago because it ran out of funds for transportation.
Mr. Ciccariello believed they were all great causes but he was here to represent the Town of Natick. As a Selectman his first duty was to the various departments of the town and if he had a choice for who should get the $4,500 his vote would be the Council on Aging. There was a great need and there will be more needs for many residents due to the economy. He believed the Council on Aging has done a lot of great things and will continue to do a lot of great things and they will need the dollars and the Board should look at their interests before looking at outside non profits.
Mr. Ostroff questioned if a request from the Human Services Department was being considered in comparison to this request. Mr. Ciccariello advised there was not. He was just stating his opinion. The only decision tonight is a waiver.
Mr. Connolly questioned if the $4,500 would go to the Building Department. Mr. Ciccariello explained the money went into the general fund. The budgets were developed and vetted before the Finance Committee and Town Meeting votes for where the money should go.
Mr. Connolly hated the thought of picking and choosing as he thought they all did wonderful work. He had heard there was a duplication of services, but Mr. Wissa explained there was meshing. To him the $4,500 spread across the Town was one thing vs $4,500 to 10 families to fill the oil tank was a good venture. If the Council on Aging asked for $4,500 he would give it to them right now. It sounds like the Board was in a position to do something good for this organization which in turn does something good for other people.
In his discussions with the Council on Aging, Mr. Ciccariello got an indication there wasn’t always a great relationship between the two. They (COA and Natick Service Council) do duplicate services and don’t always talk to each other.
Ms. Van Amsterdam stated that her comments were more general in nature and her concern was about any public charity that could come before the Board. They were all worthy and do great things for the Town and she was supportive as an individual for the organization, but for taxpayer dollars she had concerns about a municipal government choosing where taxpayer dollars go. She wouldn’t know how to respond to all who may come forward.
Mr. Ostroff noted the Board was doing a lot of analysis of fees. It was not so much expending taxpayer dollars. It was within the Board’s jurisdiction
NATICK SERVICE COUNCIL: WAIVER OF BUILDING PERMIT FEE (contd)
to decide who paid this particular fee and the Board was well served to consider the ability of people to pay when it was a non-profit to provide benefit to people in need. One of the Board’s goals was to look after the well being of the people in Natick.
495/METROWEST CORRIDOR PARTNERSHIP: ARC OF INNOVATION UPDATE
Representing 495/MetroWest Corridor Partnership, Inc. was Adam Ploetz, Manager of Sustainable Development Programs.
The Board was given a power point presentation that described the services and accomplishments of the Partnership. It began with the economic importance of the 495/MetroWest Region. The region had a $16.4 billion payroll with 285,000 employees and an incredibly skilled work force. Some of the State’s top companies were in the 495/MetroWest region.
Despite economic success, the following challenges were identified for the region: Talent retention especially young skilled workers, housing supply and pricing, outdated transportation infrastructure and services, limited water supply, wastewater treatment, and stormwater runoff, retention, expansion, and attraction of employers, state policies and infrastructure investments, competing on national and international stages.
The partnership was founded and governed by both the public and private sectors including municipalities, regional employers, Chambers of Commerce, planning agencies, higher education institutions, environmentalists, and legislators. Ms. Gloff was a Board member of the Partnership.
Through a unique public-private collaborative leadership businesses, the Partnership was the regional leader for creating an environment that prepares for and cultivates sustainable growth. This was accomplished by coordinating, educating and advocating for solutions to regional constraints and limited natural resources.
The presentation continued with a description of the region’s transportation infrastructure and Top 10 transportation nightmares. Reconstruction was proposed for I-495/I-290 interchange which was a $31 million improvement project; widening of I-495/Mass Turnpike ramps, and I-495 interchange study.
For the Region’s natural resources, Mr. Ploetz noted the Partnership has been working closely for the past several years with MAPC. Several products came out of that: Massachusetts low impact development toolkit, guide to water reuse in Massachusetts, Summer smart water use – a guide to peak season water demand management, and water smart indicators
Under employer retention, expansion & attraction the Partnership issued Brownfields Resource guide, mapped office parks, did outreach of MAED’s Prospect inquiry Bulletin, held BioReady Communities forum, provided regional input to Sec. O’Connell, and defined economic indicators for the 495/MetroWest Rregion.
The Partnership provids a voice for the region through Gubernatorial candidates forums, Meet the Patrick-Murray cabinet forums, State House Day, and issues briefs, enewsletters and testimony.
As to how municipalities benefit from the partnership, the presentation listed the following: Providing a stronger voice for regional advocacy, developing collaborative responses to regional issues, building stronger relationships with other constituencies, cultivating sustainable development, receiving Issue Briefs & enewsletter, offering municipal models and resources, and participating in forums with policymakers.
The presentation continued with What’s Ahead for the Partnership? Listed were committee activities; specifically, Economic Development with an October briefing by MassDevelopment on new infrastructure program; Water Resources with an October briefing by DEP on new statewide stormwater program; and Transportation with an October briefing by MAPC on Route 9 study. Also listed was the development of resources for municipalities and private facilities on green practices and innovations and State House Day to present regional concerns.
Also listed for what’s ahead were density through design recommendations on suburban residential development; green infrastructure toolkit’s resources on integrating open space and infrastructure; calling for funding of I-495/I-290 interchange; pushing for a I-495 corridor study for infrastructure
495/METROWEST CORRIDOR PARTNERSHIP: ARC OF INNOVATION UPDATE (contd)
investments by the Commonwealth; and speaking out on transportation financing and equity.
As to what’s ahead for the 495/MetroWest Region, Mr. Ploetz listed: acceleration of region’s economic importance to Commonwealth; recent projections that the region will be among fastest-growing in population and employment; and increasing competition from other regions, both nationally and internationally.
Mr. Ostroff asked Mr. Ploetz to discuss the relationship between the 495/MetroWest Corridor Partnership, the MetroWest Growth Management Committee, and the Chamber of Commerce. Were they overlapping? Mr. Ploetz’s response was, “yes and no”. The MetroWest Growth Management and the Chamber were involved in projects. The Chamber of Commerce was exclusively a business organization and the MetroWest Growth Management Committee was exclusively municipal, but his organization tried to bridge that gap and find mutual common ground.
When the Congressional re-districting occurs, Mr. Ostroff suggested the Partnership might consider providing testimony for more cohesive representation. Mr. Ploetz agreed the region was represented by 8 Congressional districts, 2 MPO’s, and 2 RTA’s.
Ms. Van Amsterdam cited a study done by an economist at the Federal Reserve and the work of the Boston Chamber of Commerce on labor retention and suggested Mr. Ploetz may want to get in touch with the Greater Boston Chamber of Commerce. Mr. Ploetz advised that the Partnership had worked a little with them but agreed they should look to work more with them as their research capability was superb.
BUDGET UPDATE/HIRING FREEZE UPDATE
Ms. White informed the Board that she didn’t have much to specifically report back but wanted this to be a recurring item on the agenda to report back any information.
With respect to the hiring freeze, Ms. White said she would like the Board consent to advertise for a Council on Aging Volunteer Coordinator. She hoped to gain the Board’s support in filling this position. Twice before they tried to fill it and failed to attract a strong candidate pool, but given the economic climate hopefully this time would be different. The Volunteer Coordinator position was a part-time non-benefitted position currently performed by somebody with a full-time job being paid at a higher rate of pay and impacting that person’s work.
Ms. White told the Board that she intended to seek the Board’s consent before filling any vacancies during this period of time.
Ms. Gloff noted that she had become a volunteer for the Council on Aging in driving citizens to appointments. One difficulty she found was that the COA had one person trying to do this as an additional duty. There was a volunteer who sometimes calls people and other people who do this as well and they were kind of tripping over each other and inefficient. She thought it was again time to try to fill this position.
Given the lack of individuals looking for the part-time Volunteer Coordinator position, Mr. Ciccariello asked about contacting seniors that might qualify for a tax rebate. Ms. White advised that wouldn’t achieve the goal. The idea was to have someone on a permanent basis. They were doing that (piecemeal) now and it wasn’t working well. Ms. Gloff confirmed that it wasn’t working well.
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to advertise for a part-time Volunteer Coordinator for the Council on Aging.
Mr. Connolly noted the Personnel Director was leaving and his thought was to fill it (Personnel Director) on a part-time basis and give the responsibility to the Deputy Town Administrator.
Ms. White explained that the Deputy Town Administrator was out straight with budgetary matters and she (Mr. White) would be picking up the gap of filling the personnel needs.
Mr. Connolly questioned if the hiring freeze wouldn’t apply to the Personnel Director, and Ms. White responded that a couple of different alternatives
BUDGET UPDATE/HIRING FREEZE UPDATE (contd)
were being explored that she was not anxious to discuss tonight because they were works in progress. It was not her intent to move forward without some sort of filling that gap. On an interim basis she would like to fill it on a part-time basis. She was reaching out to someone now and would like the Board’s consent to fill it on a temporary part-time basis.
Ms. Van Amsterdam noted that the Expense Control Task Force looked at the Human Resources position and met with the four persons covering personnel. There were two Human Resources Directors (one for the Town and one for the Schools), a support person, and a person on benefits and they did a tremendous amount of work. The Task Force found that the individuals were doing such a great job that it was not their (Task Force) recommendation that even if areas were consolidated that any persons be removed from that area. Both Ms. Dennis for the Town and Ms. Davis for the Schools were doing a tremendous amount of work with limited resources. The Task Force found them to be efficient and productive.
Mr. Connolly thought Ms. Dennis was a lovely person but he only saw her role up her sleeves to fight Civil Service. He believed it would be fiscally responsible to cut that position. When the position was first adopted he supported it reluctantly but didn’t think it ever did what it was supposed to do.
Ms. White countered that the work done by the Personnel Director was invaluable and a tremendous asset to the community. The workload accomplished through that position was enormous and could not be accomplished by other staff. The loss would be felt throughout the organization.
Mr. Connolly responded that in the public forum that was what he saw that person do (fight Civil Service). He heard all the things the position was supposed to do and he didn’t think it lived up to the billing.
For the next meeting Mr. Ciccariello requested Ms. White to provide the Board with the role of the Personnel Director and the duties performed.
Mr. Ciccariello then asked if the part-time Personnel Director position would be advertised. For the temporary part-time individual, Ms. White said she did not intend to advertise. It was her hope that it would be short lived. Asked who would interview the temporary person, Ms. White responded that the person in mind was known to herself and Ms. Dennis.
Other positions mentioned in Ms. White’s memo were the Library Director and Payroll Clerk and Mr. Ostroff stated that he supported filling both. He also expressed his concern about the Comptroller and the ticking clock. If the Board was going to constitute a committee to screen candidates, he hoped that would be done at the next meeting.
Mr. Ostroff also stated that he found the individual serving as the Personnel Director to be valuable in giving guidance and he was sorry to see her go.
Ms. Gloff thought the Personnel Director was an important position and thought that the current Director did many things behind the scene. She noted that it would help her (Ms. Gloff) if she had a bit more information on the qualifications of the temporary part-time personnel.
Mr. Ciccariello indicated that he too would like to see that person’s qualifications and Ms. White suggested postponing this discussion to the next meeting. Ms. Gloff added that she thought Ms. White should talk to the person she had in mind to see if there was an interest level, if the person was available, what kind of money would they be looking for, and what would Ms. White have them do.
Regarding other positions mentioned in her memo, Ms. White advised that the Library agreed to leave one position vacant – the position of Young Adult Librarian. The Library Director was solely the Library Trustees’ appointment. The other position being filled at the Library was a reference librarian and that was on the way of being filled.
Continuing, Ms. White noted filling the Board of Health Director’s position was well under way. The Board of Health was scheduled to be interviewing tonight. The Payroll Clerk was a position somewhat in flux. A couple of different reconfigurations were being looked at. The Comptroller’s position was being advertised now with resumes due later this month.
BUDGET UPDATE/HIRING FREEZE UPDATE (contd)
To Mr. Ostroff’s inquiry as to whether it was the Chair’s intent to put the Comptroller screening committee on the next agenda, Mr. Ciccariello responded that he and the Town Administrator had talked about the process and she would be making a recommendation.
NATICK DISTRICT COURT: AMEND LEASE
Ms. White noted that the need to repair the heating system at the Court had been brought to the Board’s attention. Through negotiations with the State agency they suggested that if they could extend the term to September 30, 2010 they would agree to pay at least half the cost of the boiler repair and through the proposed two year term they will be paying all the cost.
The documents were in front of the Board. One was the fifth amendment of the lease to cover the period of October 1, 2008 through September 30, 2009. The only change in the terms of the lease for this period was the lease payment. Under the fifth amendment the court will be paying $217,246.44 or $22,896.44 more than the $194,350.00 they were paying now. The second document was a short term tenancy agreement covering the period of October 1, 2009 through September 30, 2010. The amount of this agreement was $271,246.44.
In her memo to the Board, Ms. White advised that the Town had expended $45,793 for repairs to the boiler, but Mr. Ciccariello didn’t see that being picked up in the lease. Ms. White noted the Court would be paying the base lease plus another $45,000. Normally the lease terms went up 3%. She didn’t get the 3%, but the increase still amounts to $45,000.
Mr. Ciccariello interpreted that to say there was no percentage increase where normally there was a 2-3%. Ms. White advised that was correct but pointed out the Town was getting another year’s rent and getting the boiler paid.
Ms. Gloff further explained that for this year the court was to pay $194,350 but that was being superseded and the court was paying over 10%. There was already a 2-3% increase from last year and next year rather than a 2-3% increase they were paying way more than that because they continue to pay the increase they were paying this year.
Mr. Connolly asked if the court was paying for the boiler. Ms. White advised they were and added that the court had no obligation to do so.
Mr. Ostroff inquired if there had been any discussion with the State administration on the future of the court. Ms. White responded that they had talked about September 30, 2010 as a date that was safe in the hope for a new senior center.
A motion was made by Ms. Gloff to approve the 5th amendment to the lease between the Department of Capital Asset Management and the Town for the Natick District Court for the period of October 1, 2008 through September 30, 2009 in the amount of $217,246.44. Seconded by Ms. Van Amsterdam and unanimously voted.
A motion was made by Ms. Gloff to approve the short-term tenancy agreement between the Department of Capital Asset Management and the Town for the Natick District Court for the period of October 1, 2009 through September 30, 2010 in the amount of $217,246.44. Seconded by Ms. Van Amsterdam and unanimously voted.
TOWN ADMINISTRATOR NOTES
- Financial Planning Committee
Ms. White advised that a Financial Planning Committee meeting was scheduled for 7:00 a.m. November 12, 2008. There was a posting as a meeting of the Board of Selectmen in case a quorum was present.
Ms. White informed the Board that the Town Hall reception scheduled for November 13 had been moved to November 20 because Town Meeting was scheduled for November 13. The event was being held in conjunction with Arts Bridge.
In an effort to save the Town money, Ms. Gloff suggested that Board members bring cider or cookies.
Mr. Ciccariello told the other Board members that he had talked to the Town Administrator about the possibility of diminishing overtime and she was going to send a memo out to the various departments to address overtime. He had a
TOWN ADMINISTRATOR NOTES (contd)
few calls about overtime and thought it might be one place where some money could be saved.
Ms. White noted that some Board members and department heads had approached her about a rumor of her accepting a position in Uxbridge. She emphasized that was not true – that she was very happy here.
N.H. HOTEL ASSOCIATES, INC. & OWEN O’LEARY’S BREW PUB: TRANSFER OF ALL ALCOHOL INNHOLDER’S LICENSE TO N.H. HOTEL ASSOCIATES, INC.
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to open the public hearing.
Representing N.H. Hotel Associates, Inc. was Attorney Joseph Ayoub of Greenberg Traurig, LLP. Mr. Ayoub stated that he was there tonight for a transfer of ownership from the two entities jointly holding the alcohol license to one entity. The owners of the hotel have been in place since 1994 and the management company of the hotel has been in place since 1994 and they won’t change. For over 10 years there was a restaurant called Owen O’Leary’s at this location. There were disputes between the hotel and the restaurant that resulted in litigation. The restaurant moved in July and the hotel was looking for someone to take its place. It was important to the hotel to have a restaurant for the guests and from a revenue standpoint. The hotel had hoped to have a new entity or person in
place as of the beginning of September but the economic situation changed so dramatically that it was put on hold. This was an incredibly difficult time for a restaurant to open a new venture.
Mr. Ayoub reiterated that the petition before the Board was seeking a transfer from Owen O’Leary’s for the license to be solely held by N.H. Hotel Associates. The sole shareholder of N.H. Hotel Associates was David Shamoian and instead of the entity being owned by that individual it was owned by the management company. It didn’t change the beneficial interest that flows to the hotel. The only real change was that Owen O’Leary’s will have no interest going forward.
As the license had to be operational and there wasn’t currently a restaurant there, Mr. Ostroff inquired as to the latitude of the Board.
Attorney David DeLuca of Murphy, Hesse, Toomey & Lehane responded that this was an issue somewhat peculiar to Natick in some ways and on the other hand from a licensing standpoint it was not unusual to have these kinds of gaps in occupancy. In this instance there was an innholder’s license issued and a request for transfer. It was N.H. Hotel’s hope that within a reasonable period of time they will secure an interest that will co-hold a license with the hotel similar to Owen O’Leary’s.
As to how the ABCC would handle this, Mr. DeLuca advised there was case law to indicate a reasonable period of time should be granted to allow for the transfer of a license and usually they were looking at 3 to 6 months. There was no intention by the ABCC to allow an open ended retention of a license while there was endless negotiation. By the same token when there was a loss of a tenant, the license may hang a bit. His recommendation was that should the Board decide to agree with the request (for transfer), that the Board set a certain perimeter and have the licenseholder report back in a certain period of time on the progress and if there was a delay the Board take action.
If the Board approved the transfer, Mr. Ostroff inquired if it was safe to assume the same logic would apply to a renewal. Mr. DeLuca advised that it would be recorded at the ABCC that the license was being renewed contingent upon securing a tenant to co-hold a license.
Mr. Connolly asked if Kevin Gill (owner of Owen O’Leary’s) had to weigh in. Mr. DeLuca believed there was an agreement between Owen O’Leary’s and N.H. Hotel Associates that the co-holder of the license (Owen O’Leary’s) agreed to waive their interest. Mr. Ayoub noted that Owen O’Leary’s agreement was part of the documentation filed. Mr. Gill signed the document for transfer as part of the settlement agreement.
In follow-up Mr. Connolly wanted to be sure this transfer would put the Town in the mix with the litigation. Mr. Ayoub explained that the litigation was over and the transfer was the next step they needed to take as part of the settlement.
N.H. HOTEL ASSOCIATES, INC. & OWEN O’LEARY’S BREW PUB: TRANSFER OF ALL ALCOHOL INNHOLDER’S LICENSE TO N.H. HOTEL ASSOCIATES, INC. (contd)
If the transfer were granted, Mr. Ciccariello questioned if there was any way N.H. Hotel Associates could sell the license without the Board’s approval. Mr. DeLuca noted that what was sought was a transfer from a joint holding to one entity. It was very common in licensing that an agreement would require the transfer of an alcohol license and it was the authority of the local licensing authority to determine whether a proposed applicant was appropriate for that license. Irrespective of the parties coming to terms, it was still before the Board to determine the appropriateness of the transfer.
Mr. Ciccariello then asked if the license were transferred if N.H. Hotel Associates could start to serve liquor to occupants of the facility. Mr. DeLuca’s reply was, “no”, not before they came before the Board with a plan and an application for the Board to approve the service. N.H. Hotel Associates may find they don’t have an opportunity to secure a partner and may want to come forward with their own restaurant and they should come back before the Board with their plan.
On a motion by Mr. Ostroff, seconded by Ms. Van Amsterdam, the Board unanimously voted to close the public hearing.
With respect to reporting back, Mr. Ayoub assured the Board the hotel was working hard to get someone in there and suggested if they were not back to the board to request a co-holder within 90 days, they should
report back to the Board. The environment out there was tough.
A motion was made by Mr. Connolly to approve the transfer of the Innholder’s all alcohol license held jointly by N.H. Hotel Associates and Owen O’Leary’s Brew Pub for premises at 319 Speen Street to N.H. Hotel Associates with the stipulation that N.H. Hotel Associates report back to the Board in 90 days with a progress report on finding another co-holder. Seconded by Ms. Van Amsterdam and unanimously voted.
ATTORNEY DAVID DELUCA: TAX TITLE PROGRESS REPORT
Special Counsel for tax title David DeLuca of Murphy, Hesse, Toomey & Lehane updated the Board on the progress since his appointment in August 2008. He noted that considerable ground work had been done since his appointment, much in the retrieval of case files. The newest cases were being pursued first and then work back.
Mr. DeLuca advised there were 71 cases actively open in the land court and work had begun on 38 of those. Out of the 38 cases, he was able to confirm that at least 11 would be withdrawn. A couple of those had been marked for hearing as soon as November 20.
Mr. DeLuca advised that as of October 6 there were 205 tax title properties in total listed on the prior tax title attorney’s report. Of the 205 properties, there were 29 that have Redemptions on record. There were 10 that have been confirmed as having an Open Land Court case. These properties vary in type, some were a straight residential property and some were eligible for Land of Low Value procedure and have been in tax title for years. Each of those was actively being pursued.
Mr. DeLuca further advised there were 142 total Instruments of Taking to be recorded. The Instruments were recently completed by the Collector’s Office that concerned FY08 and only FY08. For a Town this size that number was not unusual. It was a good starting point from the standpoint of recovery of tax title funds and those would be picked up immediately and pursued to conclusion. He hoped for a number of redemptions within the next 90 days.
Mr. DeLuca continued that since September $58,742 had been recovered and he credited the Collector’s Office for their efforts being made to run down a lot of longstanding delinquencies as well as the more recent. There has been complete cooperation from Treasurer/Collector Robert Palmer, Beth Kelley of the Collector’s Office, and Brian Conway, Assistant Treasurer/Collector and they have done a terrific job getting this progress. He noted that he had managed to keep the attorney’s fees under the estimated $5,000 and expected that would more than cover the expenses going forward. He was still just hitting the ground making progress and expected to make even greater gains in the next coming months.
Ms. Gloff inquired as to how the process worked and Mr. DeLuca explained that for delinquent Fiscal 2008 taxes the Collector’s Office completes an Instrument of Taking that indicates the assessed owner, location, and outstanding amount. The Instrument of Taking was filed with the Registry of
ATTORNEY DAVID DELUCA: TAX TITLE PROGRESS REPORT (coantd)
Deeds and published. After six months from the Instrument of Taking the Town can file a petition in Land Court to foreclose the owner’s right of redemption. The Town’s foreclosure differed from a bank’s. The bank paid the amount owed and then the excess from a sale went to the owner. The Town’s foreclosure all of the money went to the Town. It was intended to be a very strong incentive to pay their taxes and pay them on time. The interest rates were very high.
Asked about the timeframe for publishing in the paper, Mr. DeLuca advised that it was within 90 days of the issuance of the Instrument. In response to several other questions, Mr. DeLuca advised that the Instrument of Taking was recorded at a cost of $75 and it went on the assessed owner. The Town could choose not to put a property in Land Court.
Ms. Van Amsterdam inquired as to how the determination was made to put it into Land Court vs keeping it as tax title and was told by Mr. DeLuca that it was the Collector’s decision. He (Mr. DeLuca) relied on the Collector to know the business of the Town. The distinction may be where there was no response to every effort of collection. If there has been a response to efforts and some attempts to work it out, that was a case that may be inappropriate for Land Court action.
In reviewing the 205 tax title cases, Ms. Van Amsterdam inquired if Mr. DeLuca had the latitude to say who needs to go to Land Court. Mr. DeLuca responded that he would make a recommendation.
To Mr. Ostroff it looked like good work had been done and he offered his thanks. He then asked if typically a taxpayer of limited means would be referred to the Assessors to see if they were eligible for tax deferral they didn’t know about. Mr. Ostroff wanted to be sure that was being coordinated.
Mr. DeLuca responded that there was a myriad of programs available and the Collector’s Office was well aware of them and he would recommend they continue to pursue ways of getting payments. That was the first option to utilize.
Mr. Ostroff noted there were a number of parcels with low value and he was guessing it wouldn’t be worth the time to acquire some sliver. Was there a way to work with the Recreation Department for a possible park or an adjacent landowner may want to acquire it.
Mr. DeLuca concurred that there was a large number of parcels of low value and most typically it would be the adjacent landowner that may want to acquire it, but it still had to go through the auction process or 30B. He would recommend creating a task force with the help of the Collector’s Office to come up with a disposal plan once there was an accurate inventory.
Mr. Ostroff noted that he had been approached by residents wanting to buy a particular piece. Mr. DeLuca acknowledged that was very common, but it still had to go through the process. If it was in tax title, there was still an owner and the Town was much more interested in collecting taxes than owning a property. If the parcel came to the Town by tax title, it could only be disposed of by public auction or 30B. The Collector had the authority to sell, but it must be by bid process.
Mr. Connolly inquired if there were any homeowners in the process of having their home taken. Mr. DeLuca responded that he took a call today from someone with a situation of two notifications and no ability to pay. He referred her to any alternative plans. By and large most Collector’s Offices would work with anybody who would work with them.
Looking through the list Mr. Connolly noticed a fair number of names where the individual was either elderly or deceased. Mr. DeLuca advised that was the biggest challenge when the assessed owners pass away and the obligation was to get notice to any heir. That was why it was critically important to get on the delinquencies the year they occurred.
Mr. Ciccariello requested Mr. DeLuca to give the Board another progress report in 90 days.
COCHITUATE RAIL TRAIL: PHASE I ENVIRONMENTAL
Mr. Ostroff reported that the Cochituate Rail Trail Advisory Committee received advice to be as prepared as possible to deal with environmental issues along the trail. They got this advice from other communities developing these properties and residents of Natick concerned about
COCHITUATE RAIL TRAIL: PHASE I ENVIRONMENTAL (contd)
environmental issues along the way. Environmental Compliance officer Bob Bois was invited to a Committee meeting a month ago that resulted in a great exchange of information and the Committee voted to ask him to provide a proposal for a preliminary assessment. This could be done relatively quickly and they (CRT Committee) were looking for $4,200 to be expended from the mitigation funds from the Mall. In the Board’s packets was an e-mail from Mr. Bois and CDW Consultants that provides these types of services.
Mr. Ostroff also advised that within the next few weeks he expected to get an appraisal for the property and if there was an initial environmental report at the time of the appraisal, he thought everyone would be better informed when it got into the difficult process of negotiating with the railroad.
Mr. Bois believed the proposal was straight forward. There would be a desk top research project.
Mr. Connolly noted that people had told him that by today’s environmental standards the railroad was in violation with all kinds of pollutants. Ms. Bois agreed that historically railroads weren’t the cleanest but were experienced and well versed in transferring abandoning rail lines into passive recreation. There was an extensive environmental testing CDW won’t have done as part of that transfer.
Asked if the Town would have to pay for this testing, Mr. Bois said the town would pay for this.
Having heard stories about the Natick Paperboard site, Mr. Connolly inquired if that was an area of concern. Mr. Bois’ response was, “absolutely”, adding that it had been identified under the State program and undergoing a cleanup program.
A motion was made by Ms. Van Amsterdam to award a contract to CDW Consultants for Phase I environmental site assessment of the CSX right away in an amount not to exceed $4,200. Seconded by Ms. Gloff and unanimously voted.
Mr. Ostroff pointed out that this proposal was originally developed just for the right-of-way but the Board of Selectmen was advised to include a couple of spurs the CRT Committee was interested in acquiring.
ENVIRONMENTAL ISSUES
Mr. Ciccariello referred to a copy of a letter from Wellesley College to the Wellesley Conservation Commission withdrawing their application for a permit to site and construct a confined disposal facility within the Massachusetts approved Zone II for the Elm Bank drinking water supply.
Mr. Bois confirmed that last Thursday was supposed to have been the public hearing on the disposal facility that Wellesley College was going to locate 700 feet from Natick’s wells, but that application was withdrawn. They will use the winter to explore and Natick will be part of that discussion.
Mr. Connolly’s applauded everyone’s efforts on Wellesley College.
- Eliot Montessori School Property
Mr. Ciccariello referenced a number of e-mails regarding the property across from the Eliot Montessori School (and owned by the School) being stripped in excess of the order of conditions.
Mr. Bois advised that a cease and desist order had been issued and the developer was asked to file for a permit. They did, but it only covered the grade of the site. The developer was asked to maintain a 15 foot tree buffer and the Tree Warden was asked to go out and identify the cut trees. The only thing that could be cut within that buffer were diseased and dead trees. They were all dead now. The applicant and the School (Eliot Montessori) were asked to come before the Conservation Commission this Thursday to explain what happened and for the Conservation Commission to deliberate what they felt was the next step.
Mr. Ostroff asked if Mr. Bois could speak on the artifacts found. He heard this was something on which the Historic Commission would receive a report. He heard second hand what was in that report. Many people were concerned with how the land had been completely stripped.
Mr. Bois thought the report would be available to the Historic Commission on November 6.
RENEWAL OF LIQUOR LICENSES FOR 2009
Ms. Challis informed the Board that a letter had been received from Vinny T’s Restaurant Corp. d/b/a Vinny T’s of Boston stating they planned to surrender their liquor license for premises at 801 Worcester Road.
Package Stores
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to renew the following package store licenses for 2009 subject to submission of the following:
Renewal form signed by the manager or officer/director of the corporation
Worker’s Compensation Affidavit
Verification of Server Training
Payment of License Fee
The Wine Network, Inc.
d/b/a Nine East Wine Emporium 6 Worcester Road Austin Moran, Mgr.
Powers Package Store, Inc. 4 South Avenue Mary Ann Powers, Mgr.
Town Line Liquors, Inc. 160 East Central St. Anthony R. Franci
Petur Enterprises, Inc. 7 Watson Street Peter TurloMgr.
D/b/a Natick Wine & Spirits
Middlesex Liquors 17 Washington St. Ercole Ubaldino
D/b/a Kentucky Spirits
Fannon’s Liquor Store 212 North Main St. Robert C. Allen
Vin’s Liquors, Inc. d/b/a Vin’s Liquors 257-259 Worcester Kevin P. Moran
Restaurant All Alcohol
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to renew the following restaurant all alcohol licenses for 2009 subject to submission of the following:
Renewal form signed by the manager or officer/director of the corporation
Worker’s Compensation Affidavit
Verification of Server Training
Payment of License Fee
CPA Statement
Certificate of Inspection signed by the Building Inspector and Fire Chief
Minoga, Inc. d/b/a Oga’s Japanese Cuisine 915 Worcester Rd. Benny Li
G.E.N. 8888, Inc. d/b/a Asia Bistro 195 West Central St. Michelle Kong,
M.B.R. Group Foods, Inc. d/b/a Minerva Indian Cuisine 1318 Worcester Road Prakash Reddy
The Deli, Inc. d/b/a Joan & Ed’s Deli 1298F. Worcester Rd. Joan Sanderson
Namee Enterprises d/b/a Minado Restaurant 1282 Worcester St. David Shin
The motion excluded the renewal of Dah Mee as the Police Department compliance check indicated the manager of record was different than the manager of record on the license.
Restaurant All Alcohol with Lounge/Bar Seating
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to renew the following restaurant all alcohol licenses with lounge/bar stools for 2009 subject to submission of the following:
Renewal form signed by the manager or officer/director of the corporation
Worker’s Compensation Affidavit
Verification of Server Training
Payment of License Fee
CPA Statement
Certificate of Inspection signed by the Building Inspector and Fire Chief
Dimas, Inc. d/b/a Dolphin Seafood 12 Washington St. Peter Giannocopoulos, Mgr
Lampara, Inc. d/b/a Skipjack’s 1400 Worcester Rd. Donald Maines, II,
Angelo & Garif, Inc. 23 Washington St. Eftihia Souliopoulis
d//b/a Agostino’s Restaurant
California Pizza Kitchen 1245 Worcester Rd. Jon Lombardo
Nicholas’s 85 East Central St. Sharon Stournaras
24 Associates d/b/a 148 On Central 148 East Central St. Mitchell Maxwell
The Metropolitan Club dba Metropolitan 1245 Worcester St. Kathy Trustman, Mgr
Bar & Grill Suite 3009
The Cheesecake Factory Restaurants, Inc. d/b/a1245 Worcester St. Michael Botehlo
The Cheesecake Factory Suite 1098
P.F. Chang’s China Bistro, Inc.dba PF Chang’s 1245 Worcester St. Michael Focken
China Bistro Suite 3008
The motion tabled consideration of the renewal of restaurant all alcoholic with lounge/bar seating licenses held by Nordstrom Café Bistro and New France Natick, LLC d/b/a Sel De La Terre until the meeting of November 17. As Vinny T’s of Boston was no longer operational the license was not renewed.
RENEWAL OF LIQUOR LICENSES FOR 2009 (contd)
The motion further conditioned the renewal of Nicholas’s upon payment of overdue taxes, fees in accordance with the by-law.
Restaurant Beer & Wine
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to renew the following restaurant beer & wine licenses for 2009 subject to submission of the following:
Renewal form signed by the manager or officer/director of the corporation
Worker’s Compensation Affidavit
Verification of Server Training
Payment of License Fee
CPA Statement
Certificate of Inspection signed by the Building Inspector and Fire Chief
A.T. Pan Corp. d/b/a Shanghai Tokyo 54 East Central St. Kai Lan Dan
Natick Gourmet Decisions, Inc. d/b/a
Gourmet Decisions 12A Washington St. Stephanie Spinosa
The motion tabled consideration of the renewal of restaurant beer & wine licenses for Barber Brothers and Fresh City until the meeting of November 17.
Beer & Wine with Cordials & Liqueurs
On a motion by Ms. Gloff, seconded by Ms. Van Amsterdam, the Board unanimously voted to table consideration of the renewal of the Beer & Wine with Cordials license held by Room for Dessert, LLC d/b/a Finale until the meeting of November 17.
Club
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to renew the following restaurant beer & wine licenses with for 2009 subject to submission of the following:
Renewal form signed by the manager or officer/director of the corporation
Worker’s Compensation Affidavit
Verification of Server Training
Payment of License Fee
Certificate of Inspection signed by the Building Inspector and Fire Chief
The renewal of the license held by E.P. Clark Post #107 American Legion was conditioned upon back taxes being paid in compliance with the Town by-law or a payment plan being reached.
Natick Lodge #1425 of the Benevolent & 95 Speen St. Arthur Hurst, Mgr.
Protetective Order of Elks
The Francesco DeSanctis Lodge #1411 37 Washington Ave. Marguerite Sacchetti
Veterans of Foreign Wars, Natick Post 1274 113 West Central St. Harry Seaholm
E.P.Clark Post #107, American Legion 13 West Central St. Walter Flynn
Amvets Post 79 Off Superior Drive Walter Connery
Innholder
On a motion by Ms. Gloff, seconded by Mr. Ostroff, the Board unanimously voted to renew the following innholder’s licenses with for 2009 subject to submission of the following:
Renewal form signed by the manager or officer/director of the corporation
Worker’s Compensation Affidavit
Verification of Server Training
Payment of License Fee
Certificate of Inspection signed by the Building Inspector and Fire Chief
It was noted that Owen O’Leary’s was being renewed for purposes of transfer only.
Natick Hotel Associates d/b/a Holiday 1360 Worcester Rd. David V. Shomoian,
Inn Crowne Plaza
N.H.Hotel Associates, Inc. & Owen 319 Speen St. Kevin Gill
O’Leary’s, Inc. d/b/a Owen O’Leary’s
Restaurant and Brew Pub
GSH CY Natick, LLC d/b/a Courtyard by 342 Speen St. Frank E. Dorsey III
Marriott-Natick
Mr. Ostroff reported that the home rule petition for additional licenses in Natick Center was stalled. There was an ongoing dispute between the Westwood Station and Canton. He hoped it would be resolved but if not the home rule petition would have to be refilled in January.
BOARD OF SELECTMEN LICENSE FEES FOR 2009
Based on consultant Donald Jacob’s analysis, Ms. White submitted a proposal of recommended increases for the Board’s 2009 license fees. The increases ranged from $10 to $50.
BOARD OF SELECTMEN LICENSE FEES FOR 2009 (contd)
Looking at the list Mr. Ostroff wasn’t sure the nominal increase for a fortune teller license was worth a debate at Town Meeting, but he could support the others.
The Board agreed to schedule a public hearing on the license fees for November 17.
TOWN ADMINISTRATOR REVIEW PROCESS
Mr. Ciccariello suggested that each member get together with Ms. White independently to do a review.
Mr. Ostroff offered to provide a review instrument which he would then consolidate and put together a public document. He would get the information out to the Board within the next week.
Mr. Ciccariello reminded the members that the review had to be done in December.
CONFIRMATION OF FINANCE COMMITTEE APPOINTMENT TO COCHITUATE RAIL TRAIL
On a motion by Mr. Connolly, seconded by Ms. Van Amsterdam, the Board unanimously voted to confirm Cheryl Byrne’s appointment as the Finance Committee representative to the Cochituate Rail Trail Advisory Committee.
MINUTES
On a motion by Ms. Van Amsterdam, seconded by Mr. Connolly, the Board unanimously voted to approve the minutes of the April 14, 2008 meeting.
On a motion by Mr. Connolly, seconded by Ms. Van Amsterdam, the Board unanimously voted to approve the minutes of the May 1, 2008 meeting.
CHARLES RIVER ROTARY: REQUEST FOR BANNER
Mr. Connolly disclosed that he had a personal and business relationship with some of the members of the Charles River Rotary.
On a motion by Ms. Van Amsterdam, seconded by Ms. Gloff, the Board unanimously voted to approve the Charles River Rotary’s request to hang a banner across Main Street for the period November 28-December 7, 2008 for the Toys for Joy Collection.
SELECTMEN’S CONCERNS
Mr. Connolly noted that some repair work was done a couple of years ago on Route 27 and asked if it could be done again.
Mr. Connolly requested a maintenance log on when the problems with the boiler started.
Mr. Ciccariello advised that he had asked the Town Administrator a couple of days ago to have Facilities Director Cory Lovett put together a history and to have another meeting to discuss it. It was agreed that corrective action wouldn’t proceed until the back records were reviewed and had a conversation with the designer and persons responsible for overseeing the construction.
Mr. Connolly asked for a review of the mowing contract based on the overtime being expended to see the total cost.
Mr. Connolly commented on the number of double poles and the danger some presented.
Mr. Connolly noted there were 48 crosswalk violations issues and he wondered if the Chief or Lieutenant Lauzon should come in. There was a visually impaired person who was waiting to cross at the Route 27/135 intersection and a car took the right on red when he shouldn’t.
He (Mr. Connolly) would like Natick to have the reputation for writing up people violating the crosswalk.
Mr. Ostroff reminded everyone of tomorrow’s election and encouraged people to vote. He recognized DPW Highway Supervisor Tom Hladick and his crew for putting out the VOTE signs.
SELECTMEN’S CONCERNS (contd)
Mr. Ostroff noted the upcoming Veterans’ Day parade and Veteran’s Appreciation Dinner for any family of men and women in the service or servicemen and women recently returning. For the appreciation dinner people should get in touch with the Veterans Agent.
Mr. Ostroff reported that Verizon had recently started removing the wire coils wrapped around trees and poles. He noted that other contracts had put into their contracts a ban on that being done.
- Annual Meeting with the Legislators
Mr. Ostroff inquired as to when the Legislators would be coming in and Ms. Challis advised that it was tentatively scheduled for January 5, but an invitation would not be extended until after the election.
Mr. Ostroff referred to a letter from the MetroWest Medical Center asking people to participate in the Patient Advisory Council to solicit feedback and ideas.
ADJOURNMENT
The meeting was adjourned at 10:00 p.m.
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Kristine Van Amsterdam, Clerk
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