MINUTES
BOARD OF SELECTMEN
October 24, 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 7:04 p.m.
Public Input
Town Clerk Linda Hathaway said she had questions about the chairman’s decision to request the Town Administrator to post the monthly Appropriations Status Reports and department email addresses on the Town website. She was concerned about the resulting increase in public records management this would cause the departments.
Ms. Hathaway termed these policy decisions that should be made by the Board, not the chair or an individual selectman. She also cited the Town Charter’s description of the Board’s role in Town affairs and gave Ms. Wheeler a copy. Ms. Wheeler said these were not policy decisions and her request for posting was for the convenience of residents.
Town Administrator’s Report
Mr. Wrigley commented on the following:
· He briefly reviewed the decision-making and procedures for the dog hearing later in the meeting.
· He said he had recently furnished the Board and the press with an overview of the Town’s ongoing litigation, which he wrote in response to requests from the press.
· A contract between the Town and architectural firm SMMA had been negotiated, leaving $37,000 of budgeted funds for contingencies or additional services. In negotiating the contract, he worked with members Ellen Sturgis, Mike Wood, and Pete Rhoads, and feels the deliverables are well defined.
· He asked the Board to execute three labor contracts he had negotiated: Dispatch, Fire, and Police unions. This concludes negotiations with all four unions for this year.
· With the Board’s agreement, he will send his annual budget message to the Town departments, with a 3-percent cost-of-living increase and a needs-based budget for FY 2008.
· He said he supported the Police Chief’s recommendation that the Board appoint the new public dispatcher, scheduled for later in the meeting.
Public Hearing on Dog Complaint: Douglas Tinker, 854 Great Road
The complete record of the public hearing is videotaped and is available from the Selectmen’s Office on request. The following section is a summary and key findings.
The subject of the hearing was a complaint filed by Frank Veracka of Old Bolton Road against Douglas Tinker of Great Road about the Tinker’s two Mastiffs attacking and killing the Veracka’s poodle.
Chairman Wheeler opened the hearing at 7:20 p.m., explaining the complaint and procedures for public hearings. She then swore in two witnesses to testify: Doreen Veracka, appearing for her father, and William Wolfgang Hoenshell, who witnessed the attack.
Ms. Veracka described said that, on September 27, 2006, the Tinker’s Mastiffs took the Veracka’s poodle out of its yard and killed it. She recounted the history of the dogs’ behavior and her concerns about future problems. Mr. Hoenshell testified as to the attack itself.
Mr. Tinker acknowledged that at least one of the dogs killed the Veracka’s dog but denied that the Mastiffs are aggressive and said he did not understand what happened that day. He said he takes the dogs, unleashed, to the Delaney project with no problems. In reply to this statement, Mr. Tinker was advised that the Board of Health order delivered to Mr. Tinker as a result of the complaint, specified that the dogs be restrained pending the hearing. Mr. Tinker argued that he had a right to let them loose on his property and their electronic collars were now working.
Stow Animal Control Officer Susan Latham and Board of Health Chairman Marcia Rising provided the Board with their input.
Having received information from all the parties, Ms. Makary moved that the Tinkers’ Bullmastiffs be deemed vicious, per MGL C140, s157, and Mr. Dungan seconded. During discussion, Mr. Hoenshell was asked if he could distinguish which Mastiff had killed the poodle; he replied he could not. Mr. Wrigley noted that a finding of “vicious dog” gave the Board only two options: disposal (by euthanasia or out-of-town adoption) or restraint (as defined by the Board).
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To find the Tinkers’ Bullmastiffs vicious dogs, per MGL C140, s157.
The Board then discussed the appropriate restraints for the Tinker’s dogs, with recommendations from the Animal Control Officer and input from the parties involved.
Mr. Robart moved to impose a number of restrictions recommended by Ms. Latham as conditions of the decision; Ms. Makary seconded. The Board discussed the restrictions and their probable effectiveness.
It was on motion by Ms. Makary to amend the motion to include muzzling the dogs when leashed; seconded by Mr. Dungan, unanimously
VOTED: To have the Tinkers permanently retrain their two Bullmastiff dogs, according to the following conditions:
· The Tinkers will install a chain-link fence on their property, the fence to be approved by the Building Inspector
· The fenced area will be accessible directly from the house
· When outside the house or fence, each dog will be leashed and muzzled and walked by, and under the control of, a separate person
· Both current adult dogs are cited in the complaint and subject to the restraints
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To impose the additional restriction that, until the fence is complete, it was agreed that the dogs would be leashed and muzzled whenever they are outside the house, with one-to-one supervision, that is, with a separate person controlling each dog. The Building Inspector will determine the time in which the fence will be ready, which will be with all deliberate speed.
Nancy Arsenault, Stow Paper reporter, asked about the consequences of not following the conditions; Mr. Wrigley replied that under the Town Bylaws and Mass General Laws, there are fines for non-compliance and, now that the dogs have been found vicious, the statute specifies that they shall be killed if found loose.
A Bolton Road resident, who had also submitted a letter of concern to the Board regarding these dogs, spoke from the audience about the importance of clear conditions and enforcement in this decision. She said her experience with a previous decision by the Board on another Bolton Road dog had not been implemented as it was intended.
Mr. Wrigley said he would write a letter on the decision to the Tinkers.
At 8:30 p.m., it was on motion by Mr. Dungan, seconded by Ms. Makary, unanimously
VOTED: To close the public hearing.
Executive Session
At 8:40 p.m. Mr. Dungan moved to enter Executive Session for the purpose of discussing litigation strategy in the Kunelius matter, per MGL C.39, s.23b, and to return to Open Session following adjournment; Ms. Makary seconded; and all voted in favor, by role call vote.
At 9:30 p.m., Ms. Makary moved to adjourn Executive Session and return to Open Session; Mr. Ruggiero seconded; and all voted in favor, by roll-call vote.
Appointment of Public Safety Dispatcher
Police Chief Trefry and Rebecca Loiselle visited the Board for Ms. Loiselle’s appointment to dispatcher. Chief Trefry, Fire Chief Soar, and Dispatch Supervisor Morton all recommended Ms. Loiselle’s appointment.
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To appoint Rebecca Loiselle as a full-time dispatcher.
Petition for Snow and Ice Removal: Trefry Lane
Ken Kaulbach, manager of Eldamar Development, presented a petition to the Board for snow and ice removal for Trefry Lane this winter. Mr. Kaulbach said that, due to a series of events, Trefry Lane was not voted to become a public way at May 2006 Town Meeting and Mr. Kaulbach is requesting the Town to plow and sand.
Superintendent of Streets Clayton recommended against the Town plowing because it is a condition of the Planning Board decision on Trefry Lane that the developer is responsible for the work. Following discussion between Mr. Kaulbach and the Board, it was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To deny Mr. Kaulbach’s petition for snow and ice removal of Trefry Lane until the street is accepted by the Town as a public way.
Housing Partnership Presentation
Mike Kopczynski, chairman of the Town’s Housing Partnership, visited the Board with an update of the Partnership’s activities and plans, including a report of Stow’s affordable housing data, also available on the Town website and from the Selectmen’s Office.
Mr. Kopczynski’s general points include:
· Housing prices have increased faster than income, such that less than 1 percent of Stow’s single-family homes are available for moderate-income families.
· While Stow is in better shape that a lot of towns in number of affordable units (top 10 percent), no new units have been created in the past 12 years.
· All but four of all the town’s and school’s employees qualify for moderate-income housing.
The Housing Partnership will continue its research on Affordable Housing Trust Funds, which Town Meeting voted to establish in May 2005. The Board of selectmen is the appointing authority for the trust. At present, the composition is being discussed, with possibly one representative from the Board, six citizens with appropriate skills and interest, and the Town Administrator as a non-voting member.
The Town Administrator recommended that the Housing Partnership propose the structure and membership to the selectmen; Mr. Kopczynski noted that action be taken soon so the Town can deal with any funds for affordable housing, such as those from inclusionary zoning.
Mr. Kopczynski said the procedural aspects of forming the Housing Trust would be available for Annual Town Meeting.
Execute FY2007 Union Contracts
The Board signed union contracts for the Dispatch, Fire, and Police unions, as voted at a prior meeting.
Historical Preservation Restriction: Andy Fischer, 6 Sudbury
The Board approved a Historical Preservation Restriction for the 1710 house at 6 Sudbury Road, presently owned by Andy and Eve Fischer. With this restriction, property owners commit to maintain the property as an historic site, in return for a tax reduction. The restriction becomes effective following the Town’s recommendation to the Massachusetts Historical Commission and the state’s approval.
It was on motion by Mr. Dungan, seconded by Ms. Makary, unanimously
VOTED: To recommend approval of a Historical Preservation Restriction for 6 Sudbury Road.
Ms. Wheeler signed the restriction, which Ms. McLaughlin notarized.
Municipal Land Bank Proposals
This topic was not discussed.
Communication with the Press
Ms. Wheeler said there had been a “firestorm” about communication with the press over the availability of meeting packets and correspondence. She said one of the newspapers had accused her of withholding correspondence after she removed the list of correspondence from the meeting agenda and delayed release of press packets until the day of the meeting.
Mr. Dungan said the process had been working well and the agenda had a detailed list of correspondence, so why did Ms. Wheeler decide to change it? Ms. Wheeler replied she was trying to make it easier by having the list attached.
Mr. Ruggiero said Ms. Wheeler’s submission of a report to the press, not discussed or reviewed by the Board, was not appropriate. And, referring to several email exchanges between Ms. Wheeler and the Stow Paper reporter, said he would personally apologize to Nancy Arsenault for Ms. Wheeler’s email to her.
Mr. Dungan said the role of the chair is to stay in contact with the other Board members, to which Ms. Wheeler replied she would “bring up every detail as long as she doesn’t get flogged for it.”
Mr. Robart said that when speaking on behalf of the Board, we owe it to all the members to be apprised. He also said that is there is communication on behalf of the Board when some members are copied and others are not, it begs the question of why.
Liaison Reports:
Lower Village
Mr. Dungan summarized the most recent Lower Village Committee meeting and said they are putting together an RFP for water and sewer solutions.
Public Safety
Mr. Ruggiero reported that the next Public Safety Committee meeting is on emergency notification systems.
Master Plan
Ms. Wheeler reported that the Master Plan is progressing.
Personnel
Mr. Robart reported that he and the Town Administrator had discussed reviews of policies and procedures and drafted a list of priorities.
School Building Task Force
Ms. Makary reported that the SBTF was meeting regularly.
Capital Planning
Ms. Makary reported that the Capital Planning Committee had its first meeting of the annual budget cycle and had re-elected Jean Lynch as chairman.
At 10:57 p.m., it was on motion by Mr. Ruggiero, seconded by Ms. Makary, unanimously
VOTED: To adjourn.
Respectfully submitted,
Approved as amended, January 23, 2007
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