MINUTES
BOARD OF SELECTMEN
August 9, 2005
Present at the meeting that was held at the Stow Town Building were Chairman Edward R. Perry Jr. and Selectmen John Clayton, Stephen Dungan, Carole Makary, and Janet Wheeler.
Also present was Administrative Assistant Susan Flint Hosier. Town Administrator William Wrigley was absent.
Chairman Perry called the meeting to order at 7:00 p.m., noting that the meeting was being video recorded for possible broadcast on Stow TV (Channel 9).
Mr. Perry said it was with great sadness that he recognized the recent death of resident and town official Ed Merrick. Mr. Merrick served as one of the Town’s assessors for 10 years, then on the Finance Committee for five years and Capital Planning for six. Over the years, he could be counted on to help prepare for Town Meetings and was a member of the town’s emergency response team, as a ham radio operator. His death was a great loss to Stow, Mr. Perry said.
Annual Appointment of Election Workers
The Board voted to appoint election workers for a one-year term, which begins on Sep. 1. Town Clerk Linda Hathaway provided the list of requested appointees, dated June 29, 2005. After Mr. Dungan read the names aloud, Mr. Clayton moved, Ms. Makary seconded, and all voted in favor of the appointments, as read, for the period Sep. 1, 2005 to Aug. 31, 2006.
Union Position for Administrative Assistant
To follow through on a topic from the July 26 meeting, the Board voted to support union membership for the Board’s administrative assistant, Susan Flint Hosier. In a letter dated Aug. 3, 2005, Mass Laborers Local Union 1156 agreed to accept Ms. Hosier as an individual, as opposed to making the position itself a union position. Therefore, a concern that making it a permanent union position might deter future employees was addressed.
Mr. Perry answered two additional questions: 1) union dues are paid by the employees, not the Town, so Ms. Hosier will pay her own dues, and 2) others in the union, in addition to Ms. Hosier, have access to confidential information so she is not unique in this.
Mr. Clayton moved that the Board approve Ms. Hosier’s request for union membership, Mr. Dungan seconded. Mr. Clayton, Mr. Dungan, and Mr. Perry voted in favor, Ms. Makary and Ms. Wheeler voted against. The motion carried.
Special Town Meeting Warrant Dates
The Board agreed to open the warrant for a Special Town Meeting on Nov. 7 but tabled a vote on the closing date, pending clarification on the timing of a possible purchase of the Cushing property, under Ch 61B, and Town Meeting appropriation of funds.
The discussion centered on the Town’s legal responsibility when exercising its right of first refusal in the situation where Town Meeting did not subsequently vote to support the land purchase.
Mr. Clayton moved to open the warrant tonight (Aug. 9), Ms. Wheeler seconded and all voted in favor.
The vote the close the warrant will be done at the next meeting on Aug. 23.
Public Hearing for Liquor License Application – Nancy’s Air Field Café
At 7:30 p.m., a public hearing was held for a “beer and wine with cordials permit” application by Nancy McPherson, owner and manager of Nancy’s Air Field Café at the Minute Man Airport on Boxboro Road
Ms. McPherson said she was entering her 10th year of business with the café and had previously held a wine and beer license, which she voluntarily surrendered. Recently, she has been offering wine dinners on special occasions, using special one-day liquor licenses. The dinners have been well received and now she plans to offer dinners two nights a week until 10 p.m. She will also offer special-occasion Sunday morning brunches from 9 a.m. on.
Ms. McPherson supplied all the necessary forms and supporting documents, per the state’s ABCC regulations, including proof of abutter notification.
Two residents attended the hearing: one who wondered if she was an abutter (which she was not, according to the list from the Assessor’s Office) and one abutter, who spoke in favor of granting the license.
Mr. Clayton then moved to close the public hearing and issue the liquor license, Mr. Dungan seconded, and all voted in favor.
PEG Governance Agreement
The Board voted to accept a recommended agreement for governance of the Town’s public access component of cable television, specifically the Cable Advisory and Public Education & Government committees.
An agreement was prepared by Mr. Wrigley and outside counsel Bill August and reviewed by the PEG members. Entitled “Order of the Board of Selectmen as Cable Television License Issuing Authority re Cable License Access Channels and Facilities,” and dated Aug 9, 2005, the Board voted to accept and execute the agreement on a motion by Mr. Dungan, seconded by Mr. Clayton, and with all in favor.
August 3 Joint Boards Meeting on Cushing Ch 61B
Ms. Wheeler, who chaired the Aug. 3 joint boards meeting on the Cushing property, reported that almost every town board was represented. Bob Wilber, Community Preservation chair, and Kathy Sferra, Conservation Commission chair, presented an overview of the Chapter 61B statute to attendees.
Discussions at the joint boards meeting covered 61B process, site evaluation, the importance of a clear Town Meeting presentation, and next steps. At the meeting, it was agreed that Mr. Dungan would convene a working group for site evaluation.
Mr. Dungan reported on the working group’s progress and distributed a write-up of this to the Board. Six of the seven interested committees (all but Master Plan) participated. The working group agreed that School Building Committee would use Design Partnership (DPC) for its site evaluation; a second evaluation would be done for other uses, such as recreation and open space.
The issue of perc tests for the site was discussed and how prior tests had failed. It was noted that the developer had requested Town’s health agent to witness the tests. However, Ms. Cushing, from the audience, said that her attorney has advised the developer to stop all work on the site for the present, including percs.
Rail Trail Easement Purchase
In response to a question on future involvement by the Board in the Albright easement purchase, Mr. Perry said he was checking with Dick Perkins and Don Rising and would report back.
Action Items
Two action items were added to the tracking list: Ms. Makary will meet with Hudson DPW on Marlboro Road and she will include the Concerned Citizens on the Tri-Town agenda for Sep. 9.
Future Agenda Items
Three items were noted: 1) a discussion of employee and appointee performance reviews, 2) a Joint Boards meeting for discussion of goals, and 3) invitations to Town boards and committees to attend selectmen’s meetings.
Public Hearing for Dog Control – Lombardo, 110 Maple Street
At 8:00 p.m., a public hearing was held at the request of the Animal Control Officer, Susan Latham and in accordance of Town of Stow Bylaw Article 6, s. 7, and MGL C. 140, s 157, on a public nuisance/dangerous dog complaint about Brandy, a female Bull Mastiff owned by Mr. And Mrs. William Lombardo of 110 Maple Street.
Chairman Perry opened the hearing with a procedural description of the purpose and process, according to the Selectmen’s Public Hearing Procedure Guidelines and Rules. He swore in witnesses Susan Latham (animal control officer), William Lombardo (dog owner), Patricia and Bradd Wheeler (complainants), and Paul Yannoni (Lombardo abutter).
Ms. Latham introduced the following evidence:
· Written request to the Board of Selectmen from Susan Latham, dated July 5, 2005 requesting a dog hearing on behalf of Mr. and Mrs. Bradd Wheeler (Exhibit 1)
· Copy of MGL C. 140 s. 157, entitled Vicious Barking Dogs (Exhibit 2)
· Stow Police Department Incident Report no. 05-160-OF, dated July 4, 2005, of Wheeler dog complaint (Exhibit 3)
· Stow Police Department Narrative for Incident no. 05-83-OF, and Nurses’ report from local business, both dated April 11, 2005, regarding dog bite to jogger (Exhibit 4)
Ms. Latham also provided the Board with her animal control log, showing Feb. 21, 2004 as the first of numerous incidents involving Brandy and three citations issued to and signed and paid by Mr. Lombardo involving Brandy.
During discussion before the vote, Mr. Lombardo said he agreed it was an ongoing problem and apologized to both the Wheelers and Stow Town officials for the trouble caused by his dog. He agreed to restrain Brandy and said, if it happened again, he would get rid of the dog.
After hearing evidence from the five witnesses and with advice from Terri Cole from the Board of Health, the Board closed the public hearing on a motion from Ms. Makary, seconded by Mr. Dungan, and with all in favor.
The Board then issued the following decision, on a motion from Ms. Makary, seconded by Ms. Wheeler, and with all in favor:
The dog, Brandy, must be physically restrained, under the control of the owner, 24 hours a day.
Mr. Perry then advised Mr. Lombardo of his right to appeal the Board’s decision and Mr. Lombardo replied that he understood. Ms. Hosier was to inform the appropriate parties of the Board’s decision.
Approve Past Minutes
June 28 open session: Mr. Dungan moved to accept the minutes, as written; Ms. Wheeler seconded. Following discussion, all voted to accept the minutes, as amended.
July 12 open session: Mr. Dungan moved to accept the minutes, as written, Mr. Clayton seconded, and all voted in favor. Ms. Makary abstained, due to her absence.
July 26 open session: Mr. Dungan moved to accept the minutes, as amended, Mr. Clayton seconded. Following discussion, Mr. Dungan, Mr. Perry, and Ms. Wheeler voted to accept the minutes, as amended; Ms. Makary was opposed; and Mr. Clayton abstained, due to his absence.
Mr. Clayton moved to release five sets of executive session minutes to the public record, since the employee contract negotiations were complete. Ms. Makary seconded and all voted in favor.
Nov. 23, 2004 executive session: All voted to accept the minutes, as amended. Mr. Dungan, not yet a selectmen at the time, abstained.
Jan 11, 2005 executive session: Ms. Makary moved to accept the minutes as written, Mr. Clayton seconded, and all voted in favor; with Mr. Dungan abstaining.
March 22 executive session: Mr. Clayton moved to accept the minutes as written, Ms. Makary seconded, and all voted in favor; with Mr. Dungan abstaining.
April 12 executive session: Ms. Makary moved to accept the minutes as written, Mr. Clayton seconded, and all voted in favor; with Mr. Dungan abstaining.
April 26 executive session: Mr. Clayton moved to accept the minutes as written, Ms. Makary seconded, and all voted in favor; with Mr. Dungan abstaining.
April 26 open session: Mr. Clayton moved to accept the minutes as written, Ms. Makary seconded, and all voted in favor; with Mr. Dungan abstaining
The meeting was adjourned at 8:55 p.m., on a motion from Ms. Makary, seconded by Mr. Clayton, and all voting in favor.
Respectfully submitted,
Susan Flint Hosier
Administrative Assistant
Board of Selectmen
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