MINUTES
BOARD OF SELECTMEN
November 8, 2005
Present at the meeting that was held at the Stow Town Building were Chairman Edward Perry and Selectmen John Clayton, Stephen Dungan, Carole Makary, and Janet Wheeler.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan Flint Hosier.
Chairman Perry called the meeting to order at 7:00 p.m.
Town Administrator’s Report
Mr. Wrigley reported that the Department of Revenue certified the Town’s FY 2006 Free Cash at $573,586, representing a $95,586 increase from FY 2005. The Town’s Stabilization Fund balance was $223,000, for total stored assets of $796,586. In general, stored assets should be 5 to 15 percent of operating revenues, while Stow’s is 4.4 percent for FY 2006. He said the plan is to continue to grow the Stabilization Fund, as started with the $50,000 transfer from Free Cash at the 2005 Annual Town Meeting.
Mr. Wrigley advised the Board to vote to open and close the warrant this evening, if a December 12 Town Meeting and December 22 election is planned, in order to meet warrant and ballot deadlines, in particular the 35-day pre-election deadline for debt exclusion questions.
On October 26, Town Counsel Jon Witten filed written notice with the Registry of Deeds of the Town’s decision to purchase the Cushing property, per MGL C61B, and informed the property owner, Ms. Cushing. A matter regarding the original Purchase and Sale agreement with Landwest Developers is being handled by Town Counsel and Mr. Wrigley.
Appointment of Temporary Assistant Wire Inspector
At the request of the Building Inspector, the Board appointed Robert Norton, Delaney Street resident and Assistant Wiring Inspector for Lincoln, as the Assistant Wiring Inspector for Stow. The appointment is temporary while Assistant Inspector Desmond is incapacitated with a leg injury. Mr. Dungan moved to appoint Mr. Norton, Mr. Clayton seconded, and all voted in favor.
Appointment to Cultural Council
Member Lynne Juster’s term on the Cultural Council having expired, and with her agreement to be reappointed, Mr. Dungan moved to appoint Ms. Juster of Middlemost Way to a three-year term, Ms. Wheeler seconded, and all voted in favor.
Appointment of Special Police Officers
At the request of Police Chief Mark Trefry, the Board appointed two of the department’s members, Tracy Thibaudeax and Jonathan Butler, to the rank of Special Police Officers, on a motion from Mr. Dungan, seconded by Mr. Clayton, and will all voting in favor.
Liquor License for The Air Field Cafe
Having approved a Wine and Malt with Cordials license for the café and received state approval from the Alcoholic Beverages Control Commission, the Board signed and issued the liquor license to owner and manager Nancy McPherson and pro-rated fee the 2005 fee of $880.
Appointment to Council on Aging
At the request of the Council on Aging, the Board appointed Newton Wesley of Meeting House Lane to an indefinite term on the Council on Aging, as moved by Mr. Dungan, seconded by Ms. Makary, and with all in favor.
7:15 p.m. Public Hearing – Annual Tax Classification
The Board held the annual public hearing and vote, per MGL C.40 s.56, on the Town’s FY 2006 tax classifications; as to whether or not residential, commercial, industrial, open space, and personal property should be taxed at one rate or different rates.
Mr. Perry read the public hearing notice and procedures, after which Board of Assessors Chairman John Bolton and Assistant Assessor Dottie Wilbur presented the Assessors’ recommendation to the Board. The Assessors recommended a single rate, for the following reasons:
· If split, the reduction for residential payers is only 4.5 percent, while the increase for the few commercial payers would be, typically, 50 percent.
· An increased rate would have a strong impact on farms and golf courses.
· Commercial/industrial land comprises only 10 percent of the Town’s tax revenue and the trend toward a lesser percentage continues.
After the Assessors’ presentation and questions from the public, Mr. Dungan moved to close the public hearing portion of the procedure, Ms. Wheeler seconded, and all voted in favor. Ms. Makary asked for information on tax classifications for surrounding towns for next year’s hearing.
Voting to keep a single rate for the FY 2006 tax year, Mr. Dungan so moved, Ms. Makary seconded, and all voted in favor.
Appointment to Conservation Commission
At the request of the Conservation Commission, the Board appointed David Cobb of Red Acre Road to a three-year term on the Commission, expiring June 30, 2008. Ms. Makary so moved, Mr. Dungan seconded, and all voted in favor.
Appointment to Randall Library Trustees
At the request of the Randall Library Trustees, the Board and Trustees jointly appointed Alison Campbell of Wildwood Road to fill an unexpired term until the May 2006 Annual Town Meeting.
On a motion from Ms. Makary, seconded by Mr. Dungan, the Board and the Trustees present (Chairman Peter Masters, Leonard Golder, Gary Norris, and Timothy Reed) voted unanimously to appoint Ms. Campbell.
Eagle Scout Recognition Request
The Board received a letter from the parents of new Eagle Scout Cameron Kerr, requesting a letter of recognition from the Board. Ms. Makary volunteered to present it.
Hale Students’ History Class Letters
The Board received letter from two Hale School students, Arjun Mathur of Maple Street and Jeremy McManus of Red Acre Road, as part of a class assignment. Each student recommended that the Town install a traffic signal at the intersection of their road with Great Road.
The Board discussed the two intersections and which Town employees and committees are involved in these decisions. Mr. Perry volunteered to respond to the students with information on the procedure and costs.
Elementary School Building Recommendations – School Building Committee
School Building Committee Chairman Chris Way presented the Board with a report from the committee, dated November 8, 2005, on its work, findings, and recommendations for Stow elementary school buildings.
Ms. Way said that on November 1, the committee voted to: 1) recommend construction of a new PreK-5 school on a new site, and 2) recommend that the Town purchase the Minute Man Chapter 61 property for a mixed use development, including the new school. She asked the Board to vote on the committee’s proposal before Town Meeting.
She also requested that the Board approve spending approximately $8,000 from the committee’s account for soil testing on the Minute Man site, the funds having previously been earmarked for well studies on another site. Ms. Makary moved that sufficient funds be designated from Town Meeting Article 34 for land evaluation and soil testing at Minute Man, Ms. Wheeler seconded, and all voted in favor.
There was an extended discussion among Board members on whether to exercise the Town’s option to purchase the Minute Man property. Concerns included taking taxable land off the tax roles and whether any of the roughly 2,000 acres of Town-owned land could be used for a school site instead.
Also, when to vote was debated: this evening or following a Joint Boards meeting on the topic.
The motion to purchase the Minute Man property is as follows:
I move that the Selectmen vote to exercise the Town’s right of first refusal to purchase the Minute Man Realty Corporation property on Boxboro Road, pursuant to MGL C.61A, identified in the written notification of intent to sell dated August 31, 2005 with the specific conditions that: (1) said purchase be subject to the approval and appropriation of $4,000,000.00, plus incidental acquisition costs, by the voters at town meeting and by the ballot question in December 2005; and (2) that the Notice of the Selectmen’s vote to exercise this purchase option not be recorded at the Registry of Deeds until a date after the aforementioned town meeting and ballot questions election.
Ms. Makary moved to exercise the Board’s right of first refusal for the Minute Man property, as worded above, Mr. Dungan seconded, and all voted in favor.
It was agreed that a Joint Boards meeting would be scheduled for November 30.
Letter to Legislators on Senior Tax Relief
Mr. Dungan, citing an October 26 article on the Legislature’s work on tax breaks for seniors, proposed that the Board send a letter of support for this pending legislation. The Board agreed to send Mr. Dungan’s letter to Sen. Resor and Rep. Walrath from Chairman Perry on behalf of the Board.
December Special Town Meeting Warrant
Mr. Wrigley recommended that the Board vote to open and close the Special Town Meeting warrant; Town Clerk Linda Hathaway recommended December 12 for the town meeting and December 22 for the special election, in order to provide voters with a consistent deadline to register for both events, as well as more time to see the results of Town Meeting before the election. The Board discussed the Town Clerk’s recommendation in light of the School Building Committee’s request to have as much preparation time as possible.
Ms. Makary moved to hold Town Meeting on December 15 and the election on December 20, Ms. Wheeler seconded. Ms. Makary and Ms. Wheeler voted in favor; Mr. Clayton, Mr. Dungan, and Mr. Perry opposed. The motion did not carry. Town Meeting and the election will be held on December 12 and December 22, respectively.
Mr. Clayton moved to open the warrant this evening, November 8 and close it at 5:00 p.m. on Monday, November 14. Ms. Makary seconded and all voted in favor.
Mr. Wrigley listed the four debt-exclusion questions for the election ballot as Minute Man property purchase, design cost of new school, modular classroom purchase, and 13 Crescent Street purchase.
Beginning the Board’s discussion with the Minute Man/Chapter 61 property, Mr. Dungan said that he and Mr. Wrigley decided to respond in writing to a letter from Minute Man property owner Don McPherson regarding investigative site work by the Town. The Board supported Mr. Dungan sending the letter.
As to town meeting content and scheduling, Mr. Perry asked the Board to agree that there will not be another Special Town Meeting this year after December and to reaffirm that no zoning articles will be in the Annual Town Meeting warrant, based on the Town Charter’s stipulations for annual and special town meetings. It was agreed that Mr. Perry and the administrative assistant would write a memo on this to the other Town boards.
Mr. Perry reviewed the Building and Highway departments’ plan for municipal parking at the 13 Crescent Street parcel (showing 15 to 18 additional spaces) and Edward Newman’s study of the parking shortage for municipal use at the town center, including the town offices, Town Hall, the library and the fire station. Mr. Perry said the $199,000 asking price was negotiable with the seller. The Board did not agree on whether to support this expenditure.
Following the discussion, Mr. Dungan moved to put the Crescent Street debt-exclusion question on the ballot, Mr. Clayton seconded. Mr. Clayton, Mr. Dungan, and Mr. Perry voted in favor; Ms. Makary and Ms. Wheeler were opposed. The motion carried.
Mr. Dungan moved to place the four debt-exclusion questions, as written, on the December 22 Special Election ballot, per MGL C.59, s.21c, Mr. Clayton seconded. Mr. Clayton, Mr. Dungan, Ms. Makary, and Mr. Perry voted in favor; Ms. Wheeler opposed. Ms. Hosier will submit the Board’s vote in writing to the Town Clerk by the November 17 deadline.
Approve Meeting Minutes
September 27: Mr. Dungan moved to approve the minutes as amended, Ms. Makary seconded, and all voted in favor. Mr. Clayton abstained, as he did not attend.
October 13: Mr. Dungan moved to approve the minutes as amended, Mr. Clayton seconded, and all voted in favor; Ms. Makary abstained, as she did not attend.
October 19 Open Session: Mr. Dungan moved to approve the open session minutes as written, Ms. Wheeler seconded, and all voted in favor; Mr. Perry abstained, as he did not attend.
October 19 Executive Session: Ms. Wheeler moved, Ms. Makary seconded, and all voted to approve the minutes as written; Mr. Perry again abstained. An Executive Session, scheduled to be held later in the meeting, if needed to approve the minutes, per MGL C. 39, s. 23B(3), was not needed and not held. The Board decided not to release these minutes to the public record at present.
October 24: Mr. Dungan moved to accept the minutes as amended, Mr. Clayton seconded, and all voted in favor.
At 9:45 p.m., Mr. Clayton moved to adjourn, Mr. Dungan seconded, and all voted in favor.
Respectfully submitted,
Susan Flint Hosier
Administrative Assistant
Board of Selectmen
Approved as amended, November 22, 2005.
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