MINUTES
BOARD OF SELECTMEN
November 14, 2006
Present at the meeting that was held at the Town Building were Chairman Janet Wheeler and Selectmen Carole Makary, Jason Robart, and Thomas Ruggiero.
Selectman Stephen Dungan was absent.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Chairman Wheeler called the meeting to order at 7:04 p.m.
Public Input
Jim Sauta, of 28 Hudson Road, introduced himself as the chairman of the Council on Aging and said the town needs a community/senior center. In response to the talk about land banking, the COA plans to make recommendations for land use for this purpose. This could be combined with playing fields. If the SBTF decides to abandon Pompo, the building would be ideal.
Town Clerk Linda Hathaway said she had questions from residents on a news article on an incident on 124 Kingland Road, Selectman Makary’s recent participation in a Fire Department training exercise of a burning building. She said resident George Dargaty wanted to know how Ms. Makary’s participation helped the firefighters or the town, what was the purpose, and what were the liability and insurance issues. She listed additional similar questions from residents and herself.
Ms. Wheeler and Ms. Makary said that former Selectman Ross Perry doing this in the past had set a precedent. Ms. Makary said none of the firefighters were kept from participating. Ms. Wheeler said Chief Soar was aware and knew the regulations.
Mr. Ruggiero said he had discussed this with Chief Soar after the incident. He said, speaking as an insurance professional, that if a public official wants to take part in an exercise, he or she should have the necessary training beforehand. He said insurance people had expressed similar concerns about the incident and noted possible problems for the town from an insurance point of view. He advised that instead of a Town official going to an event one should contact the department ahead of time, so as not to put an employee in a difficult position.
Ms. Wheeler then asked that it be discussed at another meeting.
Tax Classification Hearing
At 7:15 pm, the Board held a public hearing on setting the Town’s tax rate for the year, per MGL Chapter 40. Board of Assessors’ attendees were Chairman John Bolton, Principal Assessor Dorothy Wilbur, and members Jack Smith and Wally Schwall. Mr. Bolton and Ms. Wilbur gave their recommendation to the Board to keep a single tax rate for all classes of property again this year.
Mr. Bolton said the town has 92 percent residential property and only 8 percent commercial. The impact of splitting the rate would be a 50-percent increase to commercial property owners but residential property owners would see only a 4.5-percent reduction. For example, the average property value of $484,000 would see a $290 reduction while commercial property valued at $1,000,000 would see a $7,000 increase.
Ms. Wilbur said that Stow has now been certified by the Department of Revenue, so the financial chart provided by the Assessors’ Office has the final numbers.
Ms. Makary moved that all property types be taxed at one rate, Ms. Wheeler seconded.
During discussion, it was noted that neighboring towns also have a high percentage of residential property: Maynard and Hudson with 88 percent, Sudbury with 94 percent, and Bolton and Lancaster with 89 percent. No towns have a commercial rate lower than the residential. There was agreement that change would hurt the town’s businesses. As to Chapter land, Forestry pays 5 percent of the regular rate, Agriculture and Recreation 10 percent, and golf courses 25 percent (also discounted on the value of each hole).
Following the discussion, all four selectmen voted in favor of keeping a single rate and the motion carried. Ms. Wheeler then moved to close the public hearing, Ms. Makary seconded, and all voted in favor.
Continuation of Public Hearing on Hnatio Unregistered Vehicles
At 7:35 pm, Ms. Wheeler opened the public hearing on Dan Hnatio’s unregistered vehicles at his property on 268 Great Road, per General Bylaw Article 6, Section 23, continued from September. Ms. Wheeler said that the Town Administrator had advised the Board that there was no grandfathering for the Bylaw involved.
Jeff Hnatio, Mr. Hnatio’s son, asked to withdraw their request for a permit, and to provide additional information on the vehicles showing that they are in compliance of the bylaw. Referring to Article 6, Section 23 (e) and the Mass General Law on antiques, he said that the vehicles are either used for business or are antique motorcars.
Mr. Wrigley advised that the present hearing is about obtaining a permit and a change in the argument changes the nature of the hearing. A discussion followed on the whether to continue with the current hearing and the option for an appeal. It was agreed to continue the hearing.
Following that discussion, Ms. Makary moved to deny Mr. Hnatio’s request for a permit; Ms. Wheeler seconded.
Board members then discussed the intent of the bylaw and whether the vehicles posed safety or health risks. Mr. Hnatio volunteered to use tarps or construct fences but said he could not afford thousands of dollars for a building.
On Ms. Makary’s motion to deny, Ms. Wheeler and Ms. Makary voted in favor; Mr. Robart and Mr. Ruggiero were opposed. The motion did not carry.
Mr. Ruggiero then moved to allow the Hnatios at 268 Great Road a permit with conditions; Mr. Robart seconded.
The conditions are:
· Through a combination of fencing, tarps, and location, no more than one unregistered vehicle will be seen by a driver traveling on Great Road.
· There will be a maximum number of seven unregistered vehicles for two years.
· There will be a formal report from the Building Inspector confirming there are no health and safety issues.
All voted in favor and the motion carried.
Ms. Makary then moved to close the public hearing; Mr. Robart seconded, and all voted in favor.
Public Hearing on Golder Unregistered Vehicles
Mr. Golder’s hearing was scheduled for 7:45 pm but did not begin until 8:15. Mr. Golder said he needed to leave for a Planning Board hearing.
Ms. Makary moved to open the hearing and continue it to a later date; Mr. Ruggiero seconded; and all voted in favor. The motion carried and it was agreed the hearing would be rescheduled at a time agreeable to Mr. Golder.
Stow Webelos Den 4 Introductions
The Board welcomed the Webelos of Den 4 and their leader Andy Crosby, who attended the meeting as part of their work on their Citizenship badges. The boys had a question-and-answer period with Mr. Ruggiero and Ms. Makary for the meeting.
Patricia Perry Recognition by the Stow Conservation Trust
Ms. Wheeler recognized Conservation Commission administrator Patricia Perry, who was recently honored by the Stow Conservation Trust for her contributions to Stow land conservation. Ms. Perry was the SCT’s first recipient of an award, following her 17 years of service with the Conservation Commission. Ms. Wheeler reviewed an extensive list of Ms. Perry’s contributions.
Mr. Wrigley said he had worked with Ms. Perry for the past 15 years and thanked her for her outstanding service as a Town employee, both to the Commission and her fellow employees.
School Building Task Force Update
Chairman of the School Building Task Force Ellen Sturgis provided her monthly update to the Board on the SBTF’s progress. The highlights include:
· Outreach Effort – Question-and-answer sessions, also broadcast on Stow TV
· Architect Hired – SMMA will prepare four or six conceptual ideas to take to the community. The SBTF decided to exhaust the options with existing land, since new land is not available and they are aiming for May Town Meeting.
· Work Plan – Reviewing criteria for “must-have” and “like-to-have.” Looking at alternate construction methods, e.g., pre-fab.
· Statement of Interest to School Building Assistance Board – aiming for January 1 but want to get it right. Deadline is July 31.
Eleanore Recko asked from the audience about the purpose of a charter school visiting the SBTF; Ms. Sturgis replied it related to alternate funding, not charter schools, per se.
Town Administrator’s Report
Mr. Wrigley said his comments on the Lower Village would be discussed later in the meeting. He commented on the following:
· The Lake Boon Commission and some residents are interested in trying to stop the weed growth. Chemical harvesting was considered before but a threat of litigation by an environmental group on the use of Sonar stopped the effort. Mr. Wrigley has continued working with the interested groups and believes the Town should be able to get a “hold harmless” agreement from the contractor doing the application to indemnify the Town. A warrant article is planned for May Town Meeting.
· Regarding the Middlesex County Retirement System, there have been continued attempts to establish a governance agreement with the towns being served. Mr. Wrigley has researched the pending legislation and will report on any alternatives he finds. On a related topic, the Group Health Insurance offered by the state has a minimal savings over Stow’s current provider, Minuteman Nashoba (½ of 1 percent or $2,000 of 500,000 expense) and enough disadvantages not to pursue it.
· Regarding the decision on the Tinker dog hearing, the Building Inspector approved the kennel and the owners’ have fully complied with the Board’s decision to date.
Lower Village Water/Septic Working Group
Mr. Wrigley reported that the Lower Village Committee (LVC) asked him to advise them on the water issues. He held a working meeting with the Planning Coordinator, Planning Board Chairman, and Town Engineer to be updated on the status.
He recommends that, as Town Administrator and to get the best results, he form a small working group, not a committee, that reports to the LVC and selectmen for the substantial fact finding and information gathering needed. This is the process provided by the Charter. A committee, following the Open Meeting law, does not lend itself this type of work: information gathering, as opposed to deliberating.
Mr. Robart said he supported Mr. Wrigley’s recommendation. Ms. Wheeler said she did not, saying she was concerned with working groups being used to circumvent the Open Meeting Law. Mr. Wrigley strongly stated that there was no intent to circumvent the law and reviewed the purpose and value of a working group. During the subsequent discussion, the Town Clerk and residents Peter Mills and Eleanore Recko made statements from the audience. Ms. Wheeler and Ms. Makary questioned the role of the Lower Village Committee and its charter from the Planning Board.
Following a heated discussion, Mr. Wrigley withdrew his request to start a working group.
Town Website
Ms. Wheeler said that through her initiative and working with the Town Clerk, she had provided the town with a municipal website vendor whose platform allowed employees to maintain the department pages, as opposed to an earlier proposal to have a dedicated web master, which Town Meeting had voted down.
A resident recently asked Ms. Wheeler about adding department email addresses to the site, a request she has heard previously as well. She has requested input from the Town Administrator and the Town Clerk but there has not been a decision yet by the Board. She would also like to see budget information on the site, another decision by the Board, and said the schools have their budgets on their site.
The Town Clerk noted that financial information was already available on the site and had been for several years.
Mr. Robart said there are two different issues: one is a communication vehicle (email) and one is what information is provided (financial information). He noted that ITAC strongly recommends against having email addresses on the site due to security and spam. He suggested that the Board ask Ms. McLaughlin, as ITAC representative and administrative assistant, to investigate the pros and cons of posting the email addresses.
Selectmen’s Outgoing Correspondence
It was generally agreed that:
· Communication between individual members and the media/press is acceptable, provided it is clear that the member is speaking as an individual.
· Updates on Board activities may be drafted by the Chair, then reviewed by the Board for approval before release to the media. The Chairman may sign the letter, with the phrase “on behalf of the Board of Selectmen.”
Selectmen and Chapter 61 Process
Ms. Wheeler said the Master Plan Committee recommended that the Selectmen take the initiative on recent changes to MGL Chapter 61, which include an extension of the time in which to exercise the Town’s right-of-first refusal and valuing of land for taxation when it is pulled from Chapter. Mr. Ruggiero was concerned with the extension tying up properties for an extended period. Mr. Robart was concerned with the tax impact to property owners of withdrawing land during an economic boom.
Liaison Reports
Tri-Town
Ms. Makary reported that the last Tri-Town meeting discussed MSBA funding.
Public Input
Resident Jim Halliday of 32 Davis Road asked to address the Board, saying he was watching the meeting on Cable TV at home and came to the Town Building to address the Board. He said he hoped Mr. Wrigley would offer again to create a working group on the Lower Village water issue. He said that he has seen the Board “micro-managing” in other areas, too, for example, not taking the advice of the Public Safety Advisory Group employees. And he noted Mr. Wrigley’s successes in serving the Town.
At 10:10 p.m., the Board adjourned.
Respectfully submitted,
Approved as amended, January 23, 2007
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