MINUTES
BOARD OF SELECTMEN
September 26, 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 7:40 p.m., following the Board’s attendance at a 7:00 p.m. Executive Session of the Planning Board on litigation strategy for a land suit.
Public Input – None.
Town Administrator’s Report
Mr. Wrigley reported the following:
· On September 15, the Mass Commission Against Discrimination (MCAD) held a pre-hearing conference regarding the Egan case to see if settlement was an option on his sexual harassment claim. Both parties determined a settlement was not an option and MCAD set a hearing date of February 7, 2007.
· Resident Glenn Gershon, 76 Pine Point Road, has filed suit against the Town in response to the Zoning Board of Appeals decision on a setback for a deck. Mr. Wrigley has provided the information to Town Counsel.
· Mr. Wrigley is assisting Housing Partnership chair Mike Kopczynski with the Town’s response to 2006 changes to the MGL statute on municipal housing trusts. Stow accepted MGL C.44, s.55c at 2005 Town Meeting but has not yet established the trust and a Board of Trustees. The Housing Partnership will be ready to present information on housing trusts to the Board in October.
· Mr. Wrigley is assisting the School Building Task Force with procuring a consultant for the design phase.
· He commended Stow’s first responders for their work at a serious multiple motor vehicle accident on Route 117 early on September 21. He wished to publicly recognize the people who worked quickly and safely to extricate the injured RV driver, who was then life-flighted to UMass. Mr. Ruggiero suggested sending letters of commendation from the Board to the Fire/Rescue, Police, and Highway departments, which Mr. Wrigley and the Board supported.
Municipal Land Use Committee
Margie Lynch, chair of the Municipal Land Use Committee, presented the results of a department-wide survey it did on land and space needs. She began by introducing committee members in attendance: George Dargaty (COA), Bill Maxfield (Open Space), Bob Braceland (Public Safety), and Ellen Sturgis, (NRSD). Other members include Jean Lynch (Capital Planning), Ms. Lynch (Housing Partnership), Steve Dungan (Selectmen’s liaison), and Mike Busch (Recreation), and Ross Perry (former Selectmen’s liaison). The group was formed at a Joint Boards meeting on Feb 16, 2005, as an outgrowth of a Planning Board Summit Meeting. She said the committee’s purpose was to assess the Town’s needs for municipal land and building space, with the following six charges: 1) take a town-wide focus, 2) be composed of
representatives from municipal department with need for land, 3) coordinate work with the Planning Board, Master Plan Committee, Conservation Commission, and Board of Health, 4) prepare a plan to act on when land becomes available and for long-range planning, 5) develop specific plans for each interest group, and 6) develop a schedule under which to present its report to FY2007 Annual Town Meeting. The committee has now completed its report.
The committee did a survey of land and space needs of all departments and staff, as well as several non-profits (to capitalize on partnership opportunities). They also met with the Council on Aging, Planning Board, and Town Clerk. The results were summarized by needs, as follows: Need Land, Need Building Space, Need File Space, No Needs, and No Response. A copy of the Municipal Land Use Survey Results is available from the Selectmen’s Office.
George Dargaty told the selectmen about the seniors’ need for space beyond the Council on Aging Room in the Town Building basement. He said that elders comprise 23 percent of Stow’s population and the number is expected to increase by 1,000 people next year. Many senior services are now offered off site because of the lack of space. This costs the Town in terms of a van, diver, and so on. He suggested that the CoA could share space in a community center and gave Acton as an example of a successful solution.
Mr. Dungan said the Town could assess the priority of the different groups’ needs by evaluating the sized of the population served. Ms. Lynch replied that all “Need Land” departments are feeling a strong need. Ms. Sturgis said the community needs should be factored into the school proposals, as well. Ms. Makary said she wants a response from the Library and Cemetery.
Ms. Lynch said the committee has done what they were tasked to do and would be available to present the results at May Town Meeting.
It was on motion by Mr. Dungan, seconded by Ms. Makary, unanimously
VOTED: To disband, with heartfelt thanks, the Municipal Land Use Committee.
School Building Task Force
Ellen Sturgis, Chair of the Task Force, joined the Board to update them on progress. She said 14 proposals had been received in response to the Design Feasibility RFP, of which SMMA’s was the best. The firm is already working with Bose on its planning in Stow and they have incorporated community needs into some of their designs, such as a library. She asked the Board to vote its approval to move ahead.
Mr. Wrigley explained the preference in public building construction to negotiate the fee, as opposed to setting a flat fee up front. He said he saved 30 percent of the cost of the Hale School renovation by negotiating the fee.
It was on motion by Ms. Makary, seconded by Mr. Dungan
To authorize the SBTF to enter into negotiations with SMMA and, if those are unsuccessful, to enter into negotiations with the second firm.
Mr. Ruggiero said he wants the top three designers included.
It was on motion by Mr. Ruggiero, seconded by Mr. Dungan, unanimously
VOTED: To amend Ms. Makary’s motion to add the third designer.
Ms. Sturgis said the Task Force was doing community outreach, which included a 90-minute public Q&A and a town-wide mailing. The school district is preparing the Statement of Interest on the elementary school building/renovation to the MSBA and looking at space and enrollment for Grades 6-8, the middle school.
Conservation Restriction for Hale Woods
Conservation Commission Chair Kathy Sferra and Stow Conservation Trust member John Beusch brought the legal instrument for the Board’s signature to secure a conservation restriction on land as part of the Hale Woodlands sub-development.
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To approve the conservation restriction for Hale Woodlands, in the document, dated September 19, 2006.
Ms. McLaughlin notarized two sets of documents: for the Conservation Commission and the Stow Conservation Trust.
Dr. Beusch then explained a new IRS regulation in 2007 that improves the tax advantages of conservation restrictions for landowners. The Trust is spreading the word on the new legislation and some people in town are considering getting restrictions on their property.
Meeting Minutes
September 12 Open Session:
Mr. Dungan said he had no changes to the minutes. Ms. Wheeler provided written changes to three sections of the draft minutes, which she, Mr. Dungan, and Mr. Ruggiero discussed. Ms. Makary said she had no problem with Ms. Wheeler’s changes. Ms. Makary made several additions to the minutes, related to her comments at the meeting.
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To accept the meeting minutes, as amended.
Mr. Ruggiero, who did not attend the September 12 meeting, abstained.
September 12 Executive Session:
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To accept the meeting minutes, as written.
Mr. Ruggiero, who did not attend the September 12 meeting, abstained.
Municipal Land Banking
Mr. Dungan said he reviewed the packages the Board received in response to the Request for Proposals and, from his perspective, they seemed responsive. He recommended setting up a session with two members of the Board and Mr. Wrigley to evaluate them according to the seven minimum criteria and seven evaluation criteria to be used.
He recommended this be done quickly. He and Ms. Wheeler volunteered.
Mr. Wrigley recommended that Town Counsel do the evaluations, because Attorney Witten was already involved in the land banking and criteria, such as responsiveness, are technical and need legal review. Ms. Wheeler said she wanted herself, Mr. Dungan, Mr. Wrigley, and Town Counsel to evaluate.
Mr. Dungan said one proposal has a deadline for response, so Mr. Wrigley recommended all the information be sent to Town Counsel immediately. He stressed that it was Attorney Witten’s opinion that was important in order to decide on the proposals.
National Incident Management System Agreement
Mr. Wrigley explained that, as part of the federal Homeland Security Program, municipalities who wish to participate in Homeland Security must use the same communications system. This document is to agree to that requirement. Mr. Wrigley said, under Chief Soar, the Town’s Emergency Management Officer, this had been in practice for quite a while. The agreement needed to be signed by the Chief Executive Officer of the Town, which is the Board of Selectmen, and could be delegated to the chair.
It was on motion by Ms. Makary, seconded by Mr. Robart, unanimously
VOTED: To allow the chair to sign the National Incident Management Certification.
Ms. Wheeler signed the document.
Open Space Committee Report
Ms. Wheeler highlighted the recently released draft revision of the Town’s Open Space and Recreation Plan. An update to the 1997 plan, it summarizes progress and sets forth goals for next five years.
She cited several notes of historical interest: In 1961, the Conservation Commission was established and, since then, has purchased or acquired much land. The Stow Conservation Trust was established 25 years ago. And in 2001, the town of Stow accepted the Community Preservation Act and its plan for historical and open space preservation and affordable housing creation adopted the following year.
The Open Space Plan has nine objectives for protecting land and actions to meet the objectives.
She noted work by the Master Plan, Lower Village, and Municipal Land Use committees, and said the big picture was coming to the selectmen and groups will be coming before the Board to report.
Mr. Robart asked if there were plans to create a consolidated view of land needs that then allows a single entity to prioritize. Ms. Wheeler said no but listed many of the components. She said the selectmen and Joint Boards would determine the priorities. She is not sure it is possible to put all the information into one list because it is fluid.
She said the selectmen decide whether to exercise the Right of First Refusal with input from other boards. The decision then goes before Town Meeting because land requires money.
Mr. Robart said his point is that there is a lot of input and information and he wants to be sure that the selectmen and the Town are getting a holistic view with which to make decisions.
Lower Village Committee
Mr. Dungan reported, as liaison to LVC, on the water and sewer issues in the Lower Village. Possible solutions are to connect to Maynard, create a Town water system (time consuming), or for individual property owners to make their own arrangements. Some property owners cannot comply, given their sites and current regulations, and could be forced to move.
Planning Board asked the LVC to add this issue to its charge. The LVC is recommending strongly that the Town develop a water and septic plan. Solving the water problem will ameliorate the problem with septic systems. Another advantage is that it will facilitate the Planning Board’s plans to have mixed use in the district.
Mr. Dungan said the LVC recommends the Town move quickly to create a central water supply and is looking to the selectmen to provide leadership. They will need and RFP for siting the water system, it is a large project. Mr. Dungan sees selectmen providing coordination and focus. At a recent meeting involving DEP officials, Mr. Dungan sensed that there might be some relief if the Town moves quickly.
Ms. Wheeler asked if the problem should be moved to another committee, if there is a more efficient way to approach it. The Board discussed this. Ms. Makary agreed with Ms. Wheeler that they should look at whether the work belonged with the current LVC.
Mr. Robart said the Town should look for a global solution and Mr. Ruggiero concurred.
Mr. Ruggiero asked to attend the next meeting with Mr. Dungan, which was scheduled for October 4. They agreed to ask the LVC if they wanted to take on this project.
Mr. Dungan said the same process should then be applied to the Gleasondale Mill. Ms. Wheeler said the Town might need an “infrastructure” committee.
Resident Peter Mills of Gates Lane said DEP told the LVC they would need an 800-foot well setback (12 acres). The options are Pilot Grove Farm, the area between Pompo and Red Acre Road, Red Acre Woods, and Ms. Kunelius’ land. He said the Kunelius land could be obtained via an award through court or by reverting to the Town’s original purchase proposal. The point is there is little land for a solution.
Other:
Ms. Makary said that the next Tri-Town meeting was in Bolton and she requested agenda items. She also said that she attended the September 15 school spending workshop, funded by the selectmen’s budget, and brought back information to share.
At 9:40 p.m., it was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To adjourn.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, November 14, 2006
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