MINUTES
BOARD OF SELECTMEN
December 14, 2004
Present at the meeting that was held at the Town Building were Selectmen John Clayton, Kathleen Farrell, Carole Makary, Ross Perry and Janet Wheeler. Also present were Town Administrator William Wrigley and Administrative Assistant Susan Flint Hosier.
Chairman Clayton called the meeting to order at 7:00 p.m.
Bills and Minutes
The Board approved the Town’s annual contribution to the Metropolitan Area Planning Council (MAPC) and its subregion, Minuteman Advisory Group on Interlocal Coordination (MAGIC). Selectmen Farrell, the Board’s liaison, described MAGIC’s work and the benefits of membership to Stow, after which the Board approved the requested contribution of $1,413.
The Board approved the minutes of past meetings, as follows. Ms. Farrell moved, Ms. Wheeler seconded and all voted to approve the Nov. 9 executive session minutes, as amended. Mr. Perry moved, Ms. Makary seconded and all voted to approve the Nov. 23 minutes, as amended. Ms. Farrell, not present at the Nov. 23 meeting, abstained from the latter vote.
Town Administrator’s Activity Report
Mr. Wrigley reported that the project to install smoke detectors in Center School was progressing well. The process involves numerous parties, which include the architect, engineers, general contractor, Fire Department, and the Nashoba District facilities manager, in addition to Mr. Wrigley and the School Building Committee. Mr. Wrigley volunteered to manage the project at an earlier Board meeting on school fire safety.
A civil suit concerning the Collings’ airfield, in which the Town was named as co-defendant, was dismissed by Middlesex Superior Count on Nov. 20, concluding the litigation.
A civil suit filed by the Town last spring concerning the Whispering Woods subdivision and Kettle Plain Road is still unresolved. The Town seeks to collect the contractor’s performance bond in order to complete site work specified in the Planning Board’s subdivision approval. At Mr. Wrigley’s request, Town Counsel Jon Witten is filing a motion to expedite the hearing schedule.
Appointments
Bylaw Review Committee
Mr. Clayton discussed the process of the review of the Town’s Bylaw, a requirement of the Town Charter, that it be updated every 5 years. The Board members interviewed each of the candidates.
The Board interviewed and voted to appoint three members to the Bylaw Review Committee: George Cormier of Gleasondale Road, Kathleen Pavelchek of Old Bolton Road, and Linda Hathaway, Town Clerk. A fourth applicant was unable to attend the Dec. 14 meeting.
Chairman Clayton will chair the committee, which will serve until it delivers a review and recommendations to the Town.
Cultural Council
In response to questions from Board members, each of the candidates discussed what they might contribute to the Cultural Council. Three new members were appointed to the Cultural Council, as well. The Board appointed Bob Glorioso of Birch Hill Road, Donnalisa Johnson of Taylor Road, and Dorothy Sonnichsen of Packard Road to three-year terms, bringing the Council to its full nine members.
Public Education & Government Committee (PEG)
Andrew Dunn came before the Board to discuss his qualifications to serve on the Public Education & Government Committee. He has considerable technical experience. Andrew Dunn was appointed to the Public Education & Government Committee to fill the open position following Shirley Burchfield’s resignation.
Action/Discussion
Police Chief Recruitment
Police Chief Joseph Rebello joined the Board to discuss police chief recruitment, following his Dec. 3 resignation letter to the Board. Chief Rebello recommended Lieutenant Mark Trefry as his successor, noting that the lieutenant’s position was created specifically to prepare Lieutenant Trefry for the Chief’s position. The majority of the selectmen and the Town Administrator stated their strong support for Lieutenant Trefry as Chief, noting his career-long service to the Town. Ms. Wheeler and Ms. Makary also mentioned there were questions about process. Mr. Clayton read the job description that would be posted in compliance with the Town’s Charter.
Ms. Makary raised process questions, the timing of negotiations, and the composition of the negotiation of the chief’s contract. Ms. Makary noted the process discussion has nothing to do with her support for Mark.
Ms. Wheeler made a motion, seconded by Ms. Makary to appoint Lieutenant Trefry as acting chief from January 3rd; from Chief Rebello’s departure on Jan. 2nd until a new chief is appointed. As required by the Town Charter, the position will be posted for 10 days, four days after which an appointment can be made. Mr. Clayton will notify Lieutenant Trefry that the job will be posted. In response to a question from Chief Rebello, it was noted Lieutenant Trefry should also submit his resume.
Affordable Housing and Housing Partnerships
Bob Barrell, Stow’s Housing Authority administrator, and Ellen Cataldo, Stow Community Housing Corp. member, visited the Board to discuss the recommendation that Stow form a housing partnership, as stated in the Stow Community Development Plan. Ms. Cataldo, who served on the Stow Housing Task Force, explained the value of a housing partnership in coordinating the Town’s effort to create and maintain affordable housing. For example, the housing partnership could coordinate various committee efforts and bring recommendations to Town Meeting.
She and Greg Jones requested that the selectmen form such a partnership and she provided the Mass Housing Partnership’s description of its responsibilities.
Mr. Barrell explained that the Housing Authority manages property and works with builders, while a housing partnership takes the lead on planning. A partnership will typically have a member from the Housing Authority. By having a housing partnership, working with the Planning Board and Zoning Board, Stow could shape the comprehensive permit applications (40Bs) that it receives.
The Board will review the Mass Housing Partnership’s description and continue discussion on this issue.
Marlboro Road Traffic
As the Board’s liaison to Marlboro Road residents, Ms. Makary reported that the Hudson
Highway Department started to install a traffic island, which had an unfavorable impact on the residents. Chief Rebello noted that a resident’s informal traffic study indicated that there is insufficient commercial traffic to merit a weight restriction for the road. Two other improvements
being considered are a three-way stop at High Street and Marlboro to reduce speed and a reconfiguration of the intersection at Marlboro and Gleasondale roads for traffic calming. Chief Rebello said the police have increased speed limit enforcement, as well.
Superintendent of Streets Mike Clayton has diagramed the intersection; Ms. Makary will follow up.
Liquor License Fees
Continuing a discussion on the annual fees that liquor license holders should be charged, Ms. Wheeler reiterated her and Ms. Makary’s proposal from prior meetings to increase the fees for 2005. Ms. Wheeler noted the fees had not been raised for many years per Mr. Wrigley. Ms. Wheeler read the proposed fee increases by establishment. The range of recommended increases was $120 to $500/establishment. These increases would bring each
establishment to 50 percent \ the state maximum level per type of license.
She noted these are user fees and can be passed on to the customer rather than taxation. The amount raised would only be a couple of thousand dollars but could be used for such items as the website. Ms. Makary concurred matching revenues with costs and the website is a new line item. Mr. Clayton explained that prior boards chose not to increase the fees because it was a hardship on the smaller businesses. Mr. Perry said that fees are often set based on the processing cost to the Town, which, in this case, is less than the existing fees. He added that an increase makes Stow more unfriendly to business, a point with which Ms. Farrell concurred and added it would place undue burden on the businesses compared to the small amount of revenue.
Mr. Perry moved to establish liquor license fees for 2005 at the same level as 2004; Ms. Farrell seconded. Selectmen Clayton, Farrell and Perry voted in favor. Selectmen Makary and Wheeler opposed.
Town Website
Ms. Wheeler, liaison to the town website project, updated the Board on a memorandum written by Donna Jacobs, ITAC Chairman, and sent from Ms. Jacobs and Ms. Wheeler to Town employees on Dec. 1. The report described decisions reached by Ms. Jacobs, Wheeler, Hathaway, and Hosier on project issues including data migration,
software license allocation for departments, and next steps, as well as a draft policy on use of the Stow town website.
Traffic Rule for Great Road Town Hall/Building Crosswalk and Parking
As the next step in the process of improving the safety of Town Hall parking on Great Road, Chairman Clayton read a draft of the proposed traffic rule change to limit parking adjacent to the crosswalk between the town buildings. Ms. Makary moved, Ms. Wheeler seconded and all voted in favor of the amendment to Traffic Rule Article V. After the amended rule is published in the local paper for two weeks, the change can be implemented.
Tri-Town Meeting
The Tri-Town meeting, rescheduled to Jan. 5, was to include discussion of the Nashoba District school budget and the town budgets. Mr. Perry requested that Ms. Makary, liaison to Tri-Town, include a discussion on insurance coverage for call firefighters at an upcoming meeting in February.
Next Meeting in January
The Board decided to cancel its meeting on Dec. 28 and resume meeting on its regular schedule, beginning on January 11, 2005.
Charter Review Committee
Mr. Clayton said he and Rob Kaufman, Associate Member of the Charter Review Committee, spent some time during the week reviewing material they already have accumulated. Mr. Clayton had suggested groups review the Charter and the committee has already met with some boards and committees. Mr. Clayton would like to schedule members of the Charter Review Committee to speak to the Selectmen.
Chapter 61 Parcels
In response to a question from Ms. Wheeler on procedure for when the Board is to be notified when a Chapter 61 property is under agreement, Mr. Wrigley said there is no prescription as the two parties involved in the purchase-and-sale trigger the initial process. Several boards are notified at the same time and the Selectmen go through a process to determine if the action is an actual bona fide offer. They cannot close, by law, until the Board has had the full 120 days. Mr. Perry said the Board goes through a process to determine if a P&S is a bona fide offer. If the P&S does not clearly delineate what is being purchased and what the purchase terms are then the Board has gone back and said
it is not a bona fide offer. Mr. Wrigley says the Board typically relies on Town Counsel if there is initial interest in the property. Mr. Perry asked if anyone heard about an extension to 180 days in the state legislation. Status was unknown. Mr. Clayton said there is a list of Chapter 61 land. Ms. Wheeler said Open Space Committee will review their process again and discuss with other boards. Ms. Wheeler added Master Plan Committee is working on coordinating the process of parcel review.
Annual Report to Comcast
Mr. Perry, liaison to the PEG Committee, asked the Board to approve an annual report to Comcast on spending, drafted by PEG assistant Anne Van Tine. Ms. Makary moved, Mr. Perry seconded and all approved issuing Ms. Van Tine’s report.
Eagle Scout Visits
Ms. Makary suggested the Board invite three Eagle Scouts to a January meeting. Mr. Perry said the proclamations are presented at the Court of Honor and typically the Eagle Scouts are invited to a Board meeting to present their project and to be part of the record. On behalf of the Board, Ms. Wheeler will present a proclamation to Christopher Trinkaus-Randall on December 23, 2004 and to Shane Makary and Andrew Cutting on January 2, 2005.
Joint Boards Meeting
Ms. Farrell suggested that a Joint Boards meeting be held in the upcoming quarter and agreed to plan it.
The Board voted to adjourn at 9:26 p.m.
Respectfully submitted,
Susan Flint Hosier
Administrative Assistant
Board of Selectmen
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