MINUTES
BOARD OF SELECTMEN
OPEN SESSION
June 13, 2006
Present at the meeting that was held at the Town Building were Selectmen Stephen Dungan, Carole Makary, Jason Robart, and Thomas Ruggiero.
Janet Wheeler was absent.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Acting Chairman Dungan called the meeting to order at 7:02 p.m.
Public Comments – none.
O’Grady Chapter 61A Waiver Notice
The Board signed a pro forma non-exercise notice for the O’Grady property regarding the Town’s waiver of its right of first refusal to purchase the property in 2004. The form, supplemental to a letter sent by the Town in June 2004, was requested by the property owner’s attorney. Mr. Robart moved to sign the non-exercise notice for the O’Grady property, Ms. Makary seconded, and all voted in favor.
Meeting Minutes
May 23, 2006: Ms. Makary moved to accept the minutes, as amended; Mr. Robart seconded, and all voted in favor.
Town Administrator’s Report
Mr. Wrigley noted that contract negotiations with the Public Employee and Police unions would be discussed later in Executive Session.
Regarding a recent Tri-Town discussion to re-examine regional purchasing opportunities, Mr. Wrigley said he will provide Stow information to the Lancaster Town Administrator.
Mr. Wrigley also updated the Board on the two Chapter 61 litigation matters.
On the Cushing case, Town Counsel will prepare and file the Town’s legal argument within the next 40 days. The other parties then have 30 days to file their opposing argument and the Town has 14 days to respond. When the filing process is complete, the Court will add the case to its queue. It might be several months after being queued before the case is heard.
On the Kunelius case, the Town and co-defendants are preparing written arguments to file with the Court by June 30.
Ms. Makary made a brief liaison report for Tri-Town, noting that regional dispatch, Bolton Fire
Department staffing, and the NRSD athletic track had been discussed. She said she had given a final draft of the lease agreement to Mr. Wrigley for review and that the lease agreement is not part of the district agreement, so the NRSD School Committee and the three Boards of Selectmen could approve it without Town Meeting’s vote.
Annual Appointments
Mr. Robart moved that the Board approve the following annual appointments for the period June 1, 2006 to May 31, 2007; Ms. Makary seconded, and all voted in favor:
Wire Inspector Charles A. Saari
Deputy Wire Inspectors Kenneth A. Desmond and Robert W. Norton
Gas Inspector Paul J. Dickhaut
Deputy Gas Inspector Raymond A. Smith
Plumbing Inspector Eric S. Sahlberg
Deputy Plumbing Inspector Paul J. Dickhaut
Inspector of Buildings Richard A. Roggeveen
Local Inspectors Ray A. Renzoni and Douglas Hyde
Forest Fire Warden David B. Soar, Stow Fire Chief
Annual Dog Warrant
Mr. Ruggiero moved to issue the annual warrant for the animal control officer, Ms. Makary seconded, and all voted in favor.
Minuteman Regional Revolving Accounts
Mr. Ruggiero moved to support the Minuteman Regional High School’s proposed use of revolving accounts, as written in the school’s request to the Board, dated May 26, 2006, and read aloud by Mr. Ruggiero; Ms. Makary seconded; and all voted in favor.
Municipal Land Bank RFP/Land Banking
Mr. Dungan began the discussion by asking Mr. Robart and Mr. Ruggiero for their thoughts on the concept of municipal land banking for the Town, as they had joined the Board after the Board’s earlier discussions on the concept.
Mr. Ruggiero said it is a tool that could be useful but he was not comfortable with a blanket endorsement. Instead, decisions should be made on a case-by-case basis.
Mr. Robart said he understood the concept and agreed it would be nice to have land available as needed. He said he was a bit uncomfortable with it and cited two concerns:
· Whether the Town is in a financial position to do this and what is the impact on debt,
· Whether land so acquired for future use would make people feel obligated to use it, even if it didn’t meet the Town’s needs.
Mr. Dungan said that he had withheld publishing a letter he wrote for the local papers, endorsing the concept, until the Board could discuss it together. But the letter had already been printed, according to several members.
Referring to evaluating the proposals submitted in response to the Board’s Request for Proposals for land, Mr. Dungan said the first step was to develop a ranking system. He handed out a spreadsheet, which he offered for use.
Mr. Wrigley clarified the ranking process: regarding minimum criteria, there should be no weighting used; either the minimum criteria were met or not. A ranking system is important and required for the state’s procurement regulations. Numbers should be added.
ARRT (Rail Trail) Easement Option
The Board held up further discussion on land banking to meet with ARRT representative Don Rising to consider accepting an option on a possible future easement purchase for the Assabet River Rail Trail. This topic had been continued from the May 23 meeting, so that Board members could review the related legal document.
Mr. Rising reviewed the option from the Albrights where, for $1.00, the Town could secure an option to purchase an easement for a section of the Rail Trail. The option is valid for three years and the Town is under no obligation to use the option.
Mr. Robart moved that the Board enter into the agreement, as described in the Grant of Easement document, dated June 13, 2006; Ms. Makary seconded, and all voted in favor. Three Board members present executed the agreement, which was witnessed by Ms. McLaughlin.
Municipal Land Bank RFP/Land Banking, continued
The Board resumed discussion on the RFP, considering how to determine that the minimum criteria had been met, specifically Item 4 on permitting and Item 6 on encumbrances.
Mr. Wrigley suggested assigning a working group of two members, Town Counsel Witten, and himself to resolve these questions. He cautioned the Board about seeking further information from respondents after the fact because procurement regulations stipulate that all respondents must be treated equally.
It was agreed that the Board would wait and evaluate the proposals by all the criteria at one time, following the recommendations of the working group of Mr. Dungan, Mr. Robart, Mr. Witten, and Mr. Wrigley.
Stow Advocate publisher Jim Dunlap asked from the audience if the process had been tainted because all of the criteria had not been defined up front. The Board responded that Mr. Wrigley’s suggested process would provide the necessary due diligence.
LSN Property
The Board voted to allow LSN Construction to re-assume title to Parcel 31A on Map R-20, land it formerly owned but the Town took custody of through tax title. The settlement agreement is for LSN Construction to pay the Town $15,355.40 in back taxes and other fees.
Ms. Makary moved to assent to the defendant’s petition to vacate the decree of foreclosure, filed with Land Court May 5, 2006, and that the Town retain title to Parcel 31. Mr. Ruggiero seconded and all voted in favor.
Chairman of the Conservation Commission Kathy Sferra, speaking from the audience, confirmed her support for the decision.
Selectmen’s Liaison Assignments
The Board changed its appointment of Mr. Dungan to the Municipal Land Use Committee from the position of a member to a liaison, after learning that the Selectmen’s appointee is a liaison. Ms. Makary moved to rescind the Board’s May 23 vote to appoint Mr. Dungan as a member of the Municipal Land Use Committee; Mr. Robart seconded, and all voted in favor. Ms. Makary moved to appoint Mr. Dungan as a liaison to the committee, Mr. Robart seconded, and all voted in favor.
Mr. Dungan expressed his interest in serving as the Selectmen’s appointee to the Local Access Channel Advisory Committee (LALAC).
Mr. Ruggiero asked about the Board’s expectations on reporting back on learnings as a liaison attending meetings.
Mr. Robart said the Board should have goals, as a Board, before deciding where liaisons are needed. He requested that additional liaison assignments wait until goals had been agreed to, to which Mr. Dungan agreed.
Regarding Mr. Dungan’s appointment to the LACAC, Ms. Makary moved to make the appointment, Mr. Ruggiero seconded, and all voted in favor.
Correspondence
Mr. Dungan noted Mr. Hnatio’s request for a permanent solution to allow him to keep more than one unregistered, ungaraged vehicle on his property, (Letter from Daniel Hnatio re unregistered cars, rec’d 5/26/06). Mr. Wrigley said that the Board could grant him a special permit under Article 6, section 23(c) of the General Bylaws, subject to a public hearing.
Ms. Makary moved to schedule a public hearing, pursuant to General Bylaw Article 6, section 23(c) regarding a special permit for Daniel Hnatio, 268 Great Road. It was agreed that the hearing would be scheduled after Mr. Hnatio returns to Stow in July.
Mr. Dungan agreed to review Mr. Algeo’s accessory apartment application (Planning Board application for accessory apt, rec’d 6/1/06, 6/19 deadline).
The Board briefly discussed responses to the Smart Growth grant notification, noting that Greg Jones had tried in the past to develop an economic development plan for the town (EOEA notice of FY07 Smart Growth grants, rec’d 6/6, 6/29 deadline). It was agreed a Board member would contact Donna Jacobs, the Town’s MAPC and MAGIC representative, and Karen Kelleher, Planning Coordinator, to learn more about the Smart Growth grants.
Mr. Ruggiero agreed to review the Firefighting Academy’s environmental notification (Environmental Notification Form re Mass Firefighting Academy, rec’d 6/6, 6/27 deadline).
The Town’s perambulation report would come to the Board for approval, following its review, and then be presented to the town (Draft of perambulation report from Ross Perry, rec’d 6/6/06).
Executive Session
At 8:50 p.m., the Board entered Executive Session to discuss union labor contracts negotiation, per MGL C.39, s23b. Mr. Robart moved to enter Executive Session for this purpose and to immediately adjourn upon return to Open Session; Ms. Makary seconded; and all voted in favor by roll-call vote.
At 9:25 p.m., the Board returned to Open Session. Ms. Makary moved to adjourn, Mr. Ruggiero seconded, and all voted in favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, June 27 2006
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