MINUTES
BOARD OF SELECTMEN
May 23, 2006
Present at the meeting that was held at the Town Building were Chairman Janet Wheeler and Selectmen Stephen Dungan, Carole Makary, Jason Robart, and Thomas Ruggiero.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Chairman Wheeler called the meeting to order at 7:02 p.m.
Public Comments – none.
Assabet River Rail Trail (ARRT)
Dick Perkins attended the meeting for ARRT representative Don Rising to present a proposal to the Board regarding purchase on an easement on a section of Track Road. The owners are offering the Town a $1.00, no-obligation option for a future purchase of the 2,800-foot section.
The option to purchase would expire on July 1, 2009.
Mr. Perkins explained that an eventual purchase, which would need approval by Town Meeting, could be funded by federal funds, Community Preservation funds, or Town funds.
The option document had been drafted by Town Counsel Jon Witten and reviewed and signed by the landowners and their counsel.
Mr. Dungan asked and it was agreed that the Board defer their vote until the next meeting to allow members to review the proposal.
Bond Anticipation Note (BAN) for Modular Classrooms
Treasurer/Collector Pam Landry requested the Board’s approval of a $260,000 BAN for modular classrooms, for a term of one year and a rate of 3.87 percent.
Mr. Robart moved to sign the $260,000 BAN, Mr. Ruggiero seconded, and all voted in favor. The Town Clerk attested to the Board members’ signatures.
Annual Visit by Senator Pam Resor
Senator Resor paid her annual visit to the Town to share activities in the legislature and hear questions and concerns from the Board.
She said that both the House and senate voted to lift the cap on lottery funds to the municipalities, which means an increase in local funding from $422,000 to $508,000. Regarding Chapter 70 aid, the Senate has changed the distribution formula so that, within five years, every community will receive 15 percent in aid. At present, from 100 to 200 communities are not yet to this level; many of her communities are at 10 to 15 percent. To start the implementation, this year, the communities with the lowest percentages will be brought up to 15 percent.
No funding mechanism has yet been identified, so there is risk with a financial downturn. The plan is to earmark the increased income-tax revenues for local aid.
The Senate is also working to restore 100 percent coverage for regional transportation from the cuts made in 2000. The funding is at 80 percent in the current budget.
Mr. Dungan asked about the Department of Environmental Protection’s sudden enforcement of 20-year-old regulations on pre-schools and water sources, which is creating problems for the schools. A resident noted that a local preschool will not get its license if certain water requirements, such as set-backs, are not met. Senator Resor agreed to research this.
Another resident asked about an upcoming vote to place illegal aliens in public housing before US citizens. Senator Resor said she would look into it but would not support such a proposal as described.
Town Administrator’s Report
Most of Mr. Wrigley’s report concerned preparation and procedures for the upcoming dog hearing, which he had already shared with the Board.
Mr. Wrigley updated the Board on the Kunelius v Town of Stow, et al litigation in which the defendants’ motion to dismiss had been denied on all but one count. The suit will now move to the discovery phase, unless settled.
On the recent regional conference on pandemics, Mr. Wrigley said the Board of Health regularly attends these meetings and others; in addition the Fire/Rescue and Police departments attended the May conference.
The Town’s ambulance is in for repairs (oil in the coolant). Mutual aid and other vehicles are filling in.
Mr. Wrigley noted that there will be an upcoming agenda item for the Board on a land foreclosure, whereby the former owners would like to pay their back taxes and regain their property.
Meeting Minutes
April 25, 2006: Ms. Makary moved to accept as amended, Ms. Wheeler seconded, and Ms. Makary and Ms. Wheeler voted in favor. Mr. Dungan, Mr. Robart, and Mr. Ruggiero abstained, not having attended.
May 1, 2006: Mr. Dungan moved to accept as amended, Ms. Makary seconded; Mr. Dungan, Ms. Makary, and Ms. Wheeler voted in favor. Mr. Robart, and Mr. Ruggiero abstained, not having attended.
May 10, 2006: May 1, 2006: Mr. Dungan moved to accept as amended, Ms. Makary seconded; and all voted in favor.
Municipal Land Bank Request for Proposals
On May 15, 2006, Mr. Dungan held the bid opening for responses to the April 12 Request for Proposals for land banking. The Town received the following two responses:
· William Snow for a 13-acre parcel located on Old Bolton Road for $1,500,000.
· Steve Glover for a 24-acre parcel located between Walcott and Maple streets for $2,900,000.
The Town also received a letter from the trustee of the Colonial Realty and Sweeney Charitable Remainder trusts stating that they will be selling the Stow land held by the trusts but did not have an appraisal available in time for the RFP’s May 12 deadline.
Regarding the next step of evaluating the responses, Mr. Wrigley advised the Board that the RFP contained the only selection criteria that could be used in grading the proposals. To follow the state’s procurement regulations, he recommended the following steps:
· As a Board, develop a ranking system,
· As individuals, evaluate and rank the responses,
· As a Board, add the individual rakings to achieve a total Board ranking.
It was agreed that the Board would rank the properties according to the RFP criteria at its next meeting and later assess the viability of the properties relative to appraisals.
Dog Complaint Public Hearing
Chairman Wheeler opened the public hearing at 8:05 p.m. and read the pro forma script for public hearings. Mr. Joseph Rossley, an employee of the Hudson Department of Light and Power filed a complaint against Mr. Robert Collings of 137 Barton Road for a dog bite he received from Mr. Collings Briard dog while Mr. Rossley was reading the electric meter on Mr. Collings’ property.
Mrs. Wheeler swore in Mr. Rossley to testify. Mr. Rossley testified. Ms. Wheeler then asked Mr. Collings to respond, saying there was no need for him to be under oath. Mr. Collings said that Mr. Rossley’s testimony was accurate and he described his dog, the property, and how the dog is managed. Stow Animal Control Officer provided the Board with her input.
Ms. Makary moved a finding that there had been a violation of MGL C140 s157; Mr. Dungan seconded, and all voted in favor. It was noted that, as a result, the Board had two options: to order the dog restrained or destroyed.
The complete record of the public hearing is videotaped and is available from the Selectmen’s Office on request.
Following all testimony and comments, Ms. Makary moved to close the public hearing, Mr. Dungan seconded. Four selectmen voted in favor; Mr. Ruggiero was opposed.
Mr. Dungan moved to continue discussion at the next meeting; Mr. Ruggiero seconded. Mr. Dungan and Mr. Ruggiero voted in favor; Ms. Makary, Mr. Robart, and Ms. Wheeler were opposed. The motion failed.
Ms. Makary moved to have Mr. Collings make a plan for a dog pen, to be approved by Ms. Latham, and that the dog be kept in the pen or muzzled when outside the home. No second.
Mr. Robart moved that Mr. Collings’ dog be kept in the house, on a leash, muzzled, or in a pen. Mr. Dungan seconded, and all voted in favor.
Mr. Wrigley reminded Mr. Collings that he can appeal the Board’s decision and gave Mr. Collings a copy of MGL C140 s157.
At 9:20 p.m. The Board took at five-minute recess.
NRSD Audit Advisory Committee Appointment
The joint meeting with the Finance Committee was canceled due to the lack of a Finance Committee quorum caused by the time overrun of the dog hearing. Given that the position is a joint appointment of Finance and Selectmen, the Board decided to vote now on appointing the sole applicant, James Medeiros, with a later vote by the Finance Committee.
Mr. Dungan moved to appoint James Medeiros for a one-year term as Stow’s representative to the NRSD Audit Advisory Committee, Ms. Makary seconded, and all voted in favor.
School Building Task Force Update
Ellen Sturgis, NRSD School Committee representative for Stow and chair of the School Building Task Force, updated the Board on the task force’s activities since its recent establishment.
She said the task force was currently making a matrix of “must haves” and “nice to haves” and drafting an RFP for a design consultant. The task force would present its matrix and other new information at a joint boards meeting, scheduled for June 20, requesting feedback from other Town officials.
The task force now has two facilitators, with Rick Lent joining Rob Kaufman.
The Board and Ms. Sturgis reviewed the eight items listed in the selectmen’s charge to the task force. Points of note were that the task force decided to use the same (NESDEC) enrollment projections used by the School Building Committee, and that they appealed the MSBA’s classification of Center School and had it reclassified at a more needy level (from 2 to 3).
Questions from the audience were whether the state regulations for school building were a “must have,” which Ms. Sturgis confirmed, and a request to televise the task force meetings.
Mr. Wrigley said the task force will need to name a procurement officer.
The full text of Ms. Sturgis’ report is available on the School Building Task Force page of the Town of Stow website, www.stow-ma.gov.
FY 2007 Liaison Assignments
The Board discussed and voted the following committee and liaison appointments for FY 2007:
Committee appointments:
Bylaw Review Committee Jack Clayton
Capital Planning Committee Carole Makary
Master Plan Committee Janet Wheeler
Municipal Land Use Committee Steve Dungan
Public Safety Study Committee Tom Ruggiero
Liaison assignments:
Assabet River Rail Trail Ross Perry
Finance Committee Jason Robart
MAGIC/MAPC Janet Wheeler
NRSD Carole Makary
Police/Fire/Highway Tom Ruggiero
Roadway issues Tom Ruggiero
School Building Task Force Carole Makary
Tri-Town Carole Makary
Website Janet Wheeler
The following positions are yet to be assigned: Liaisons to Conservation Commission, Housing Partnership/Authority, Lake Boon Commission, and; Planning Board; membership on the Local Advisory Cable Access Committee; and responsibility for perambulation,
Other Business
Mr. Dungan distributed information on two of his FY 2006 goals: ideas for improving municipal relations with the schools and guidelines for stored assets, to be discussed at a later time.
Regarding a Papa Gino’s request for the Town to issue it a certificate of recognition, the Board agreed that it is inappropriate for the Town to recognize a single commercial venture, when many of the town’s business contribute a great deal. As Clerk, Mr. Dungan will reply to the request.
The upcoming annual appointment process identified several committee positions to be filled. Postings will be done for Conservation Commission, Council on Aging, Cultural Council, Housing Authority, Local Access Cable Advisory Committee, and Surveyor of Wood and Lumber.
The Board briefly discussed a Farm Bureau article on Chapter lands and Mr. Dungan and Ms. Wheeler will work together to respond.
At 10:25 p.m., Ms. Makary moved to adjourn, Mr. Dungan seconded, and all voted in favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, June 13, 2006
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