MINUTES
BOARD OF SELECTMEN
October 26, 2004
Present at the meeting that was held at the Town Building beginning at 7:00 pm were Selectmen Kathleen Farrell, Carole Makary, Ross Perry and Janet Wheeler. Also present were Town Administrator William Wrigley and Administrative Assistant Susan Flint Hosier.
Selectmen Chairman John Clayton, a Stow Community Housing Corp. board member, recused himself from the meeting because of the Pilot Grove deed restrictions.
Also present were a number of residents.
The evening’s Chairman, Ross Perry, called the meeting to order at 7:03 p.m.
Bills and Minutes of 9/15, 9/28, and 10/12/04
There were no bills.
For the 9/15 minutes, Ms. Makary moved, Ms. Farrell seconded and all voted in favor of accepting the minutes, as amended.
For the 9/28 minutes, Ms. Makary moved, Ms. Farrell seconded and all voted in favor of accepting the minutes, as amended
Review of the 10/12 minutes was postponed to 11/9.
Town Administrator’s Report
In response to a question of whether the Town’s cable TV account could be used to fund the initial costs of the Town’s website, Mr. Wrigley reported that he had contacted ComCast and that ComCast affirmed that the contract allows such expenditures.
Mr. Wrigley reported a change to the arrangement by which the Massachusetts Department of Corrections provides labor for municipal work in Stow and other towns, through a voluntary work-release program for inmates. Through the program, for example, inmates painted the Town Hall and currently provide custodial services to the Police Department. In the past, there have been no charges for the service; however, this has changed. The Commonwealth will now have contracts with the towns and charge $7 per hour for the labor. Mr. Wrigley reviewed the contract and reported that the Town’s only obligations are to pay the labor charge and to continue to provide Worker’s Compensation for the inmates while at work (as provided now under state law).
Ms. Wheeler asked for clarification regarding the Town’s potential liability of paying a workman’s compensation claim under this arrangement. She noted some residents might take issue if a claim was filed and the Town was responsible for paying an inmate workmen’s compensation.
Ms. Makary indicated that there was some irony concerning the requirement to cover an inmate under WC when clearly this sub-set of employees were not upstanding citizens and could conceivably be prone to suspect WC claims. To continue the custodial services for the Police Department, Chief Joseph Rebello arranged for a $5,500 reserve fund transfer to cover this expense for FY 2005.
Visitors
Revenue Anticipation Note, Treasurer Carol Vogel
Treasurer/Collector Carol Vogel explained the $210,000 Revenue Anticipation Note, voted by Town Meeting, which the Board was being asked to approve. The anticipation note, for Chapter 90 reimbursement (Chapter 246 A and B of the Acts of 2002), was purchased by Eastern Bank, dated October 25, 2004 to mature on May 25, 2005 at a rate of 2.20%.
Ms. Farrell moved, Ms. Wheeler seconded and all voted to approve.
Priority Development Fund Application, Master Plan Chairman Donna Jacobs
Ms. Jacobs asked the Board for a vote of support for an application for Village Planning funds. She explained that the Priority Development Fund, within the Department of Housing and Community Development (DHCD), is intended to facilitate EO418 activities that are housing related.
Stow and Bedford are submitting a joint application because the two towns are at the same place in their “village” planning, which includes mixed-use housing. Stow has four villages for which plans are being developed: Lower Village, Gleasondale, Center Village and Bolton East (Great Road to Walcott Street). Stow’s Community Development Plan, on which the work is based, was submitted and approved by the state on June 30, 2004.
The grant request is for $50,000 from DHCD, with MAGIC (Minuteman Area Group on Interlocal Communications) contributing the remaining funds. With the funds, the towns will deliver bylaws, design guidelines and public education and outreach by June 30, 2005. Ms. Jacobs and Stow Planning Coordinator Karen Kelleher are Stow’s contacts for the project.
Ms. Wheeler noted that at this level, there is no cost to the Town.
Ms. Makary moved that the Board support the PDF application for a grant for housing development assistance, Ms. Farrell seconded, and all voted in favor.
Pilot Grove Deed Restrictions, Community Preservation Chairman Bob Wilber
Mr. Wilber asked the Board to vote to accept deed restrictions for 37 Pilot Grove apartments, purchased by the Town with Community Preservation funds, to keep the housing affordable in perpetuity.
He explained the Community Preservation Act and process by which the committee recommends expenditures to Town Meeting. He also reviewed the background of the Pilot Grove deed-restriction purchase and the Board of Selectmen’s role, as recommended by Town Counsel, as the agent to accept property interests for the Town.
Ms. Wheeler mentioned her continued concern relative to the financial condition of the management company. In response to the comments made by several Pilot Grove residents, Ms. Wheeler emphasized that her issue was whether or not the management company was on sound financial footing.
Ms. Farrell made the following motion:
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“I move that the Board of Selectmen vote to approve and accept an Affordable Housing Restriction, pursuant to G.L. c.184, .32 in favor of 37 rental dwelling units located at the property known as Pilot Grove, said restrictions the subject of an agreement among and between the Town of Stow, the Stow Community Preservation Committee, Pilot Grove Housing Corporation and the Stow Community Housing Corporation.~ Said Restriction to also be approved and accepted by the Commonwealth’s Secretary of the Department of Housing and Community Development and recorded with and running against, the deed to the subject property.”
In addition, I move that the Board of Selectmen vote to authorize the Town Administrator to execute the Grant Agreement and the Affordable Housing Agreement among and between the Town of Stow, the Stow Community Preservation Committee, the Stow Community Housing Corporation and the Pilot Grove Limited Partnership and any other related documents in this matter that require execution on behalf of the Town of Stow.”
Ms. Wheeler seconded and all voted in favor. Ms. Makary stated that she had been a No vote prior to hearing Mr. Wilber’s statement that the Lender had agreed to a secondary position to the Town. She further indicated the need to have Boards and Committees update the Board of Selectmen on an ongoing basis in order that the Board of Selectmen be fully informed prior to Board of Selectmen discussions and votes. Ms Makary further stated that she was concerned about the fact that the documents (referred to in the 2nd paragraph of the motion) had been signed by the Town Administrator and had been FedEx’d several hours prior to the Board of Selectmen meeting on Oct 12th, as the authority to do so was anticipated. Ms. Makary abstained.
Action/Discussion
One-Day Liquor License for Nancy’s Airfield Café
Nancy’s Café requested a one-day liquor license for its annual wine tasting event in November. Ms. Farrell moved, Ms. Makary seconded and all voted in favor of issuing the license.
Liquor License Fees for 2005
The Board discussed the annual process of setting fees, the Town’s current fees, and fees of neighboring towns.
Ms. Wheeler noted that the fees had not been increased for many years. To increase the fees a small amount would not place undue hardship on any of the businesses and in fact could provide a small amount of revenue that was much needed. Additionally, these fees are user fees and therefore not borne as increased real estate taxes to the residents.
Ms. Farrell moved to accept the present fees for the upcoming year, 2005, for the business listed below; Mr. Perry seconded. Ms. Farrell and Mr. Perry voted in favor; Ms. Wheeler and Ms. Makary voted against. Ms. Makary moved to increase the fees to half of what the State maximum is in the various categories as summarized on the handout, as follows: $2,500 from $2,200 for Beef N Ale, Wedgewood Pines and Stow Country Club (dba Stow Food Services); to $1,500 from $1,200 for Butternut Golf Course; to $2,500 from $2,000 for Ken’s Liquors and Colonial Spirits; and to $1,000 from $880 for Stowaway Golf Course and Russell’s Convenience; Ms. Makary seconded. Ms. Wheeler and Ms. Makary voted in favor; Ms. Farrell and Mr. Perry opposed. Mr. Perry stated that it is unfair to burden those businesses with increased
fees. It was then stated that the matter would be carried over to the next Board of Selectmen meeting agenda, when full attendance by the Board was anticipated.
Selectmen’s FY05 Goals
Discussion on the Board’s goals for fiscal year 2005 was deferred to the next meeting, at which Chairman Jack Clayton would be present.
Correspondence/Discussion
Tri-Town Agenda for November
Ms. Makary, the Board’s representative on the Tri-Town Committee, reported that Stow would host the November meeting and that she received comments on the draft agenda from Bolton and Lancaster Board of Selectmen reps. Ms. Farrell asked Ms. Makary for a report from the Lancaster School Evaluation Committee and for the salary survey being done by the district.
Marlboro Road Update
Ms. Makary reported on meeting on Marlboro Road traffic with the Police and Highway departments and distributed results of an informal traffic study conducted by Marlboro Road resident Jim Dunlap. There was an extended discussion of which boards and departments were responsible for traffic issues. In addition, Town Clerk Linda Hathaway noted that there are specific policies and procedures for changing the Town’s traffic rules, which needed to be observed for the changes to become effective.
The Board reached consensus to proceed with the process of making a plan for Marlboro Road and that Ms. Makary would lead the effort for the Board.
Additional Notes:
Mr. Perry asked the Board to review the Public Education and Government Committee’s handbook, with comments to the PEG committee by Nov. 4.
During the meeting on the Marlboro Road matter (which was discussed earlier in the meeting minutes), Ms. Makary said that the subject of stop signs and other intersections came up. She related that Mike Clayton, Highway, said that the stop signs were in hand and the intersection of Whitman, Boon and Sudbury had been marked for sign placement. When asked why the work at that intersection was not completed, Mike said that the Board of Selectmen Chair had told him to not to proceed as there was confusion at the Board regarding this intersection. Ms. Makary referred to the Board of Selectmen July 13th minutes and noted that a 4-1 vote did not indicate confusion.
Ms. Hathaway reported that the correct procedure had not been followed and that then the activity “fell through the cracks” with the recent change in administrative assistants. Mr. Perry asked Ms. Hosier to follow up on the procedural questions and said he would confer with Mr. Clayton.
The Board adjourned at 9:04 p.m., with Ms. Makary’s motion, Ms. Wheeler’s second, and all in favor.
Respectfully submitted,
Susan Flint Hosier
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