MINUTES
BOARD OF SELECTMEN
OPEN SESSION
March 28, 2006
Present at the meeting that was held at the Stow Town Building were Chairman Edward Perry and Selectmen Stephen Dungan, Carole Makary, and Janet Wheeler.
Selectman John Clayton did not attend.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Chairman Perry called the meeting to order at 7:02 p.m.
Town Administrator’s Report
Mr. Wrigley’s report to the Board, his recommended budget for FY 2007, was discussed later in the meeting.
Approval of Information Technology Assessment
Ms. McLaughlin asked to Board to approve contract for an IT system assessment for the Town offices, based on needs identified by the Information Technology Advisory Committee. ITAC had solicited and reviewed three proposals for the work and voted in favor of a proposal by resident Paul Yannoni. ITAC members are designated as Special Municipal Employees and Mr. Yannoni had contacted the state Ethics Commission as to the approval procedure, which included a vote by the Board acknowledging that Mr. Yannoni had disclosed his financial interest in the work and it would not compromise his service to the Town.
Mr. Dungan moved to have Mr. Yannoni conduct the IT system assessment and Ms. Wheeler seconded. Mr. Dungan, Mr. Perry and Ms. Wheeler voted in favor. Ms. Makary was opposed. The motion carried.
Approval of Mass Red Ribbon Ride permit
The AIDS Action Committee holds an annual bicycle ride through Stow and requested permission from the Board again this year. Safety Officer Sgt Lima recommended issuing the permit based on the group’s past performance. Mr. Dungan moved to permit the ride, contingent upon the Town receiving an insurance certificate from the committee, Ms. Makary seconded, and all voted in favor.
Minimum-aid Recommendation Letter
The Board agreed to send a letter to state legislators requested support of a minimum-aid bill for schools. Mr. Dungan drafted the letter, which Mr. Perry would then sign for the Board.
Eagle Scout Recognition
The Board signed certificates and letters of congratulations for four new Eagle Scouts:
Connor Hogan, Jonathan Peters, Scott Sacra, and Geoffrey Tyler. Members agreed to represent the Board at the upcoming ceremonies on April 1 and April 30.
FY 2006 CDBG Application for Housing Rehabilitation: Public Hearing and Vote
Chairman Perry opened the DBG public hearing at 7:15 p.m., announced the purpose, and read the legal notice of the public hearing. Bruce Hamblin, Planning Director of the Town of Lancaster Office of Community Development and Planning, attended the CDBG public hearing and vote. An attendance list was circulated to the audience.
Mr. Hamblin gave an overview of the three-town housing rehabilitation program to be implemented with the grant. He explained how income-qualified homeowners could receive no-interest loans for home improvements, such as building code compliance and energy efficiencies. Lead paint and asbestos abatement and required septic system upgrades were also eligible. He described the implementation process, staffing, and grant applicant responsibilities among the three towns. The advantages to both residents and the towns were presented.
Mr. Hamblin reported that he and a member of the Stow Housing Partnership did a 15-point “windshield” (curbside) evaluation of Stow properties and identified 27 potential participants.
Board members asked for clarification on various aspects of the program, and Mr. Hamblin complied.
Mr. Perry then asked for questions from the audience. Residents asked questions and Mr. Hamblin replied, as follows:
· As to how the property deed was affected by the homeowner’s loan, Mr. Hamblin said a lien was attached and recorded.
· As to how community outreach was done, Mr. Hamblin said that each town could use its preferred method, noting that confidentiality is essential.
· As to whether property value, as well as homeowner income, was qualifying criterion, Mr. Hamblin said property value was not considered. He noted that the lien keeps the housing units affordable for 15 years.
· As to whether rentals were eligible, Mr. Hamblin said yes and that the units would be essentially rent controlled for the term of the loan.
There being no further questions, Chairman Perry asked for a motion to close the public hearing. Ms Makary so moved, Ms. Wheeler seconded, and all voted in favor.
The Board then voted on whether to participate in the program. Ms Wheeler moved that the Town of Stow participate in the CDBG program with Lancaster and Bolton, contingent upon signing of all the required documents by the Chairman; Ms. Makary seconded, and all voted in favor.
Street Acceptance of Farm Road: Public Hearing and Vote
At 7:30 p.m. or thereabouts, Mr. Perry opened the public hearing for the laying out of Farm Road, by reading the legal notice and the Assessors’ list of abutters, per MGL C.82, s21. An attendance sheet was circulated for the record. One abutter, James Martell, was present.
Mr. Perry noted that the Planning Board and Superintendent of Streets recommended accepting Farm Road as a public way.
There being no comments from the Board or from the audience, Mr. Dungan moved to close the public hearing, Ms. Makary seconded, and all voted in favor.
Ms. Makary moved to lay out Farm Road, Mr. Dungan seconded, and all voted in favor.
Street Acceptance of Militia Circle: Public Hearing and Vote
At 7:45 p.m. or thereabouts, Mr. Perry opened the public hearing for the laying out of Militia Circle, by reading the legal notice for the public hearing. Ms. Dungan read the Assessors’ list of abutters. An attendance sheet was circulated for the record. No abutters were present.
Mr. Perry noted that the Planning Board and Superintendent of Streets recommended accepting Militia Circle as a public way.
There being no comments from the Board or from the audience, Ms. Makary moved to close the public hearing, Ms. Wheeler seconded, and all voted in favor.
Ms. Makary moved to lay out Militia Circle, Mr. Dungan seconded, and all voted in favor.
Approval of RFP for Municipal Land Acquisition
Mr. Dungan said that he and Ms. Makary drafted a RFP, which Town Counsel had reviewed, in consultation with the Inspector General’s Office. Feedback from the IG’s Office was to be more specific. Members agreed that open space and conservation land had been consciously omitted from the land uses listed.
Following discussion, Ms. Wheeler moved to start the process and issue the RFP, which Ms. Makary seconded. Mr. Dungan, Ms. Makary, and Ms. Wheeler voted in favor; Mr. Perry was opposed. The motion carried.
Street Acceptance of Trefry Lane: Public Hearing and Vote
At 8:00 p.m., Mr. Perry opened the public hearing for the laying out of Trefry Lane by reading the legal notice. Ms. Makary read the Assessors’ list of abutters. An attendance sheet was circulated for the record. No abutters were present.
Mr. Perry noted that the Planning Board, Superintendent of Streets, and Conservation Commission had several stipulations contingent upon their recommendations to accept Trefry Lane as a public way. There is remaining work to be done by the developer and Town departments recommended that the work be completed prior to Town Meeting vote.
Developer Ken Kaulbach spoke from the audience to request that Annual Town Meeting accept the road, even if every item had not been completed. He assured the Board he would complete the work. Mr. Perry said he preferred to follow the regular procedure and that the Board could possibly make a special recommendation to Town Meeting, should Mr. Kaulbach have only minor items to complete.
There being no further comments from the Board or from the audience, Ms. Wheeler moved to close the public hearing, Ms. Makary seconded, and all voted in favor.
Ms. Makary moved to lay out Trefry Lane, contingent up on completion of the punch list items required by the Planning Board, Mr. Dungan seconded, and all voted in favor.
At 8:15 p.m., Ms. McLaughlin left the meeting to present the FY 2007 ITAC budget to the Finance Committee. Town Clerk Linda Hathaway recorded the minutes until Ms. McLaughlin returned at 8:45 p.m.
Street Acceptance of Whispering Way: Public Hearing and Vote
At 8:15 p.m., Mr. Perry opened the public hearing for the laying out of Whispering Way by reading the legal notice. Ms. Wheeler read the Assessors’ list of abutters. An attendance sheet was circulated for the record. No abutters were present.
It was noted that the cul-de-sac section of the road is not part of the acceptance. The Town Meeting warrant article correctly specifies section to be laid out. The Planning Board and Superintendent of Streets recommended accepting Whispering Way as a public way.
There being no comments from the Board or from the audience, Ms. Wheeler moved to close the public hearing, Ms. Makary seconded, and all voted in favor.
Ms. Makary moved to lay out Whispering Way, Ms. Wheeler seconded, and all voted in favor.
Meeting Minutes
Minutes of February 27: Mr. Dungan moved to approve the minutes as amended, Ms. Wheeler seconded, and all voted in favor.
Town Administrator’s FY07 Budget Recommendation
Mr. Wrigley presented a seven-page report and recommended budget for FY 2007 to the Board, both of which were to be subsequently posted on the Town website.
In summary, Mr. Wrigley recommended expenditures of $19,924,561, providing a budget surplus of $73,167.
On the revenue side, he was estimating 6-percent increase in the Town’s total recurring revenues, which he would combine with Free Cash, for a total revenue increase of 6.37 percent. The $200,000 in Free Cash would be used to fund several proposed Capital projects.
On the expenditure side, total expenditures would increase by 6.07 percent, resulting from:
· Increases of 5.84 percent in the Municipal budget, 6.22 percent in NRSD, 25 percent in debt service, 11 percent in tax recap
· Decreases of 1.59 percent for Minuteman Regional, 11 percent for Special Articles, 12 percent for Capital articles.
The only significant discussion concerned the staffing needs of different departments and how they are being met. The question of if and when to provide paid clerical support to certain committees was raised. Mr. Wrigley noted that, historically, paid staff was added as required. At an earlier time, for example, the Council on Aging and Recreation Department had no paid staff.
One economy of note was the Fire Chief’s decision to re-allocate funds to have the department’s administrative assistant position staffed full-time by a call firefighter/EMT. This allows an additional firefighter/EMT to be on call for emergencies, while meeting clerical needs, as well.
Regarding an adjustment to the Building Commissioner’s salary to compensate him for additional work he does on facilities management, there was a brief discussion of Mr. Roggeveen’s former arrangement of working part-time for both Stow and Maynard. Mr. Wrigley said that Mr. Roggeveen no longer worked for the Town of Maynard. Ms. Makary said she wanted it recorded in the minutes that the Building Commissioner only works for the Town of Stow because he is being paid full-time by Stow.
Ms. Makary moved to accept the Town Administrator’s budget recommendations, dated March 24; Mr. Dungan seconded, and all voted in favor.
Appointment to Council on Aging
The candidate for the Council on Aging joined the council as an associate member, therefore, no appointment was made and the vacancy will continue to be posted until the position of voting member is filled.
Approval of Annual Town Meeting Warrant and Ballot Questions
The Board voted to accept the Annual Town Meeting warrant articles and ballot questions, dated March 28, 2006. Ms. Makary so moved, Ms. Wheeler seconded, and all voted in favor.
Confidential Documents and E-mail
Mr. Perry raised the issue that Ms. Makary had forwarded Town attorney/client privileged correspondence concerning current litigation to a resident. Ms. Makary replied that it was an error. Mr. Perry generally cautioned Board members on confidential documents and e-mail use.
Executive Session
At 9:05 p.m., Mr. Dungan moved to enter Executive Session for the purpose of discussing the Cushing property litigation strategy, per MGL C.39, s23b, and to return to Open Session at its conclusion. Ms. Wheeler seconded, and Mr. Dungan, Ms. Makary, Mr. Perry, and Ms. Wheeler voted in favor.
At 9:16 p.m., the Board returned to Open Session.
Meeting Minutes, continued.
Minutes of March 7: Mr. Dungan moved to approve the minutes as written, Ms. Makary seconded, then asked that two statements she said were “for the record” be added to the minutes: 1) her rationale for her opposing vote on the School Building Task Force facilitator and 2) her question about a telephone call from the Ethics Commission. Mr. Dungan then moved to approve the minutes, as amended, Ms. Makary seconded, and all voted in favor. Ms. Wheeler, who had been absent, abstained.
Minutes of February 28: Mr. Dungan moved to approve the minutes, as amended, Ms. Wheeler seconded, and all voted in favor. Ms. Makary abstained due to her absence from the meeting.
At 9:23 p.m., it was moved and seconded to adjourn, and all voted in favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant
Board of Selectmen
Approved as amended, April 25, 2006
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