MINUTES
BOARD OF SELECTMEN
Open Session
September 12, 2006
Present at the meeting that was held at the Town Building were Chairman Janet Wheeler and Selectmen Stephen Dungan, Carole Makary, and Jason Robart.
Thomas Ruggiero was absent.
Also present was Administrative Assistant Susan McLaughlin. Town Administrator William Wrigley was absent.
Chairman Wheeler called the meeting to order at 7:02 p.m.
Public Comments
Lew Halprin, chair of the Cable License Advisory Committee, asked the Board to reconsider its vote against installing a TV monitor in the Town Building lobby. He said that Stow has the best public-access channel in the area and the TV will give residents a chance to see it.
Ms. Makary voiced her support for reconsideration by the Board. Ms. Wheeler, Mr. Dungan, and Mr. Robart told Mr. Halprin that their opposition to the monitor was not a lack of support for Stow TV. Their objection was for aesthetics and the appropriateness of TV broadcast in the Town Building. Ms. Wheeler said the Board might consider the proposal at a later date. Mr. Halprin said he is pleased that the Board is supportive of Stow TV.
Town Administrator’s Report
Ms. Wheeler said that the topics of Mr. Wrigley’s report would all be covered later in the meeting, those being the public hearing on unregistered vehicles, the executive session on police union contracts, and receipt of the presentment letter regarding a September 7, 2004 Bolton fire.
Meeting Minutes
August 22, 2006:
It was on motion by Mr. Dungan, seconded by Mr. Robart, unanimously
VOTED: To accept the meeting minutes, as written.
Ms. Makary abstained due to her absence on August 22.
Public Safety – Gleasondale/Sudbury Roads Triangle
Superintendent of Streets Michael Clayton joined the meeting to review his plan for safety improvements to the intersection of Gleasondale/Sudbury roads. Mr. Clayton said that the Highway Department would like to proceed with the repairs and improvements covered in Bruce Fletcher’s August 22 memo and the two No Left Turn signs, which the Selectmen later added to the project. He wanted to be sure the Board and he were in agreement.
Board members indicated their agreement. Mr. Clayton said that to make the signs enforceable, they must be included in the Town’s Traffic Rules and Orders.
It was on motion by Ms. Makary, seconded by Mr. Dungan, unanimously
VOTED: To amend the Stow Traffic Rules and Orders for the installation of two No Left Turn signs at Gleasondale and Sudbury roads.
Appointment to the Master Plan Committee
The Finance Committee requested that the Selectmen appoint Charles Kern as the committee’s representative, as voted at the June 27, 2006 Finance meeting.
It was on motion by Mr. Dungan, seconded by Ms. Wheeler, unanimously
VOTED: To appoint Charles Kern as the Finance Committee’s representative to the Master Plan Committee.
Board of Selectmen’s Duties and Priorities
The Board discussed its role and focus, based on a request from Mr. Dungan to do so. He said he had been thinking about the Board’s priorities and how to use time more effectively. He prepared an 11-page document on selectmen’s duties as a basis for the Board’s discussion, using information from three sources: the MMA Handbook for Massachusetts Selectmen, the Town of Stow Charter, and the Town of Stow General Bylaws. He grouped the duties first by source, then by function.
Mr. Dungan said the Board was too involved with administrative affairs and should spend more time on leadership and coordination. For example, the Board should provide strategy for a long-range plan and be proactive, with ongoing input to this type of Town decision.
Ms. Wheeler said that the Board was already doing this, and for the first two years, she had concentrated on the website and Stow TV. Some administration comes with the territory of being a selectmen. She sees the selectmen’s role not as deciding but facilitating, pushing those tasks to the boards who then do the work. She said that land banking is long-term planning.
Mr. Dungan said he takes issue with how the Board chooses to use its time, that although there is administrative work, they could still use their time better. He said the primary description of the selectmen is as the Town’s Chief Executive Officer and asked whether the CEO should get involved in rudimentary tasks.
Ms. Wheeler, referencing a recent Business Week column, pointed out there are examples from business whereby tasks that are generally not thought to be in the realm of CEO (such as IT and HR) would actually benefit from CEO level oversight. She believes the Board is getting to bigger issues. Mr. Robart said he agreed with Mr. Dungan and he worries that the Board gets bogged down in responding to situations. The Board is letting issues lead to strategic discussions instead of vice versa. He asked that at every meeting the Board devote time to major issues, such as finance, infrastructure, personnel, education, and the community. One Board member could be selected to lead each discussion.
Ms. Wheeler said this might result in Board members playing to the cameras. She said this is the purpose of liaison reports. She hesitates to put an open discussion on the agenda and wants to use liaison reports and monthly reports from the departments for this.
Mr. Robart replied that these practices lead to sound management but not to leadership.
Ms. Wheeler said that Tri-Town and joint boards meetings are the mechanisms for discussions.
Mr. Dungan said the Board is not here to micromanage but to coordinate, so important things get done.
Ms. Makary replied that she learns things from the Beacon-Villager that she does not hear at “this table.” She also noted, to Mr. Dungan’s CEO analogy, that the Board cannot control other boards, like those reporting to a CEO. Ms. Wheeler added that the word is out there that the Selectmen will help.
Regarding control of other boards, Mr. Dungan said that in his 25 years in the corporate world, he learned that most work gets done cross-functionally, by reaching out and working together.
Ms. Makary replied that the Board has been asking other boards to pick a time slot and come to the selectmen.
Ms. Wheeler said the Planning Board is looking to the selectmen to work together in facilitating action in Lower Village and Joint Boards was in agreement to include the Town Administrator to assist in technical areas. In the case of Lower Village, Ms. Wheeler said she had been and would remain in touch with the Town of Maynard.
To illustrate his point about the Board’s use of time, Mr. Dungan asked whether what was on tonight’s agenda would really accomplish what is best for the Town of Stow.
Ms. Wheeler concluded the discussion, saying she would be more diligent about getting liaison reports.
Liaison Reports
Tri-Town: Ms. Makary said the Tri-Town topics were budgets, the new bus contractor, and the heating oil contract. Being two months into the fiscal year, the school district does not see any financial problems. There was a vigorous discussion on the date to hold annual Town Meeting in the three towns. Mr. Dungan asked if the three towns would push Town Meeting until later in May for better state numbers. But the consensus was to leave it as the first Monday in May, due to the timing of the May elections and the likelihood that firm numbers will not be available.
Ms. Makary said none of the towns has the tank capacity for bulk purchase of heating oil. The towns should look into joint purchasing with the school district of office supplies and waste management.
Public Hearing on Unregistered Motor Vehicles re Dan Hnatio, 268 Great Road
At 8:04 p.m., Ms. Wheeler opened the public hearing on Dan Hnatio’s request to the Board for a permit waiving the one-vehicle restriction for unregistered vehicles, per Stow General Bylaw Article 6, section 23, Unregistered Vehicles.
Ms. Wheeler said that the purpose of the hearing was to consider Mr. Hnatio’s request, summarizing Bylaw Article 6, section 23. She cited the Building Inspector’s report on Mr. Hnatio’s vehicles, dated September 11, 2006, wherein, on September 8, the Building Inspector found that Mr. Hnatio had nine registered vehicles in his front yard, three unregistered antique vehicles behind a fence in the front yard and four unregistered vehicles behind another fence in the rear yard.
Ms. Wheeler said that Town Administrator William Wrigley said this was a violation of the bylaw. She said, were the selectmen to grant the permit, it would be with three conditions: it would specify the number of vehicles; it would specify the length of time, not to exceed two years; and it would specify that the permit would be issued to the property owner only, that is, it would not to go with the property.
Mr. and Mrs. Hnatio, their son Jeff and a family friend, and abutters James Anderson of 274 Great Road and Doug and Celia Hyde of 271 Great Road attended the hearing to support Mr. Hnatio.
Mr. Hnatio distributed a written statement to the Board, as part of the public record, and presented his position. He said he purchased his house 34 years ago, before the bylaw was enacted. He said the Town has never stopped him and that he has done what the Town requested of him in terms of the unregistered vehicles. He further stated there have been no complaints from his neighbors and they are the stakeholders.
Mr. Hnatio explained ownership of the registered vehicles and the antiques. One of the antiques is registered; two are not. The others include one classic, one antique, and one 1990 Plymouth Voyager for his business, recently taken off the road. As to registering the antiques, he cannot afford to keep them all registered and insured at the same time.
Mr. Dungan said that if the bylaw did not exist in September 1972 when Mr. Hnatio started collecting the cars, maybe Mr. Hnatio’s vehicles could be grandfathered. He asked Mr. Hnatio whether the former Building Inspector’s directive to build a fence led him to believe he was complying with the bylaw. Mr. Hnatio said that was his understanding.
Ms. Makary said Mr. Hnatio’s prior visit to the Board indicated that he was aware of the violation but Mr. Hnatio said that was incorrect. He had never been before the Board before.
Ms. Wheeler said Mr. Hnatio could meet the bylaw by building an enclosure for the vehicles. Mr. Hnatio replied that that it was not economically feasible. He further stated that, although the vehicles were outside, they were cared for and not “rotting.”
Ms. Wheeler said gas stations and other facilities are regulated and asked how he handles disposal of oil, anti-freeze, gas, and so forth. Mr. Hnatio replied that he recycles and reuses them. He said he was not pouring stuff into the ground. Ms. Wheeler said there was no way for the Board to know that, to which Mr. Anderson replied he had been Mr. Hnatio’s neighbor for 34 years and he could attest to the fact that he disposed of it properly.
Mr. Dungan asked if George Scraggs brought up the bylaw with Mr. Hnatio when he discussed it in the late 1990s. Mr. Hnatio said Mr. Scraggs said to erect a fence. Mr. Robart asked Mr. Hnatio what actions the Town had taken since then and Mr. Dungan asked whether Mr. Hnatio had been contacted by the Town in the past 10 years. Mr. Hnatio said he had not been contacted.
Mr. Dungan said that even if the Board granted the exemption, it would only be for two years, not permanent as Mr. Hnatio requested. He said he was unclear on the history of the situation and needed more information. Others agreed.
Mr. Dungan said he wanted to know more about the impact of prior non-enforcement. Ms. Wheeler said she had been advised that just because the situation has been ongoing does not mean that the Town cannot enforce the bylaw now. She said it is up to the selectmen, not the Building Inspector, to decide on enforcement. Now the Board can choose to enforce the bylaw or to issue the permit.
Mr. Hnatio asked the Board to see whether any of the state’s applicable general laws would override the local Stow bylaw.
Mr. Dungan repeated that the Board needed to continue the hearing in order to get more questions answered.
Jeff Hnatio asked what the Town would gain by enforcing the bylaw, when neighbors were satisfied and there is no safety issue, given the intent of the law. Ms. Wheeler said the general intent is to limit the number of vehicles on people’s property and there has been some concern about enforcement of bylaws for the visual impact of Stow’s center and main street. Without the bylaw, people can do whatever they want. Ms. Makary added that this bylaw is not an antiquated rule; all the bylaws in the past year underwent extensive review and were approved by Town Meeting. It is important to enforce them and this sets a precedent. Jeff Hnatio pointed out that this was not an ugly property and
Mr. Anderson said that the vehicles were neatly arranged.
Ms. Wheeler replied that even though direct abutters do not object, people driving through town are impacted by the visual of any situation in town.
Doug Hyde said he supported Mr. Hnatio and, being in the lodging business, he was sensitive to the surroundings and had not suffered any adverse consequences as a result of Mr. Hnatio’s cars.
Mr. Hyde asked how this investigation came about; was it an action generated by the Board? Ms. Makary said the action was generated by the Building Inspector. Mr. Hyde said there must be a complainant and who had complained? Ms. Makary said she made the inquiry. Ms. Wheeler said it was not a complaint but an inquiry.
Ms. Makary compared Mr. Hnatio’s situation to a used car license the Board granted, where the number of allowed vehicles was precisely specified. Mr. Hyde disagreed with the comparison, stating that one is a business coming to the Board for a license that requires regulation and one is a resident in his home.
Ms. Makary said it was an inquiry from a resident and that she did not write the bylaw. Mr. Hyde said the bottom line was that the bylaw should be enforced fairly. Ms. Makary agreed.
Ms. Wheeler said she could not see the Board granting a “forever” waiver. The bylaw states a maximum time of two years. She said this is good in that it forces the situation to come before the Board and that the Board is aiming for consistency in enforcing the bylaws.
It was on motion by Mr. Dungan, seconded by Ms. Makary, unanimously
VOTED: To continue the hearing to get answers to the substantive questions that have been raised tonight.
It was agreed that the desired information would be obtained from the Town Administrator and Town Counsel and that the hearing would be continued to a date that Mr. Hnatio could attend, given his travel schedule.
That concluded the public hearing segment of the meeting.
At approximately 8:40 p.m., Ms. Wheeler announced that the Board was going into Executive Session [to discuss union labor contracts, per MGL C39, s23(b).]
It was on motion by Mr. Dungan, seconded by Ms. Wheeler, unanimously, by roll-call vote
VOTED: To adjourn Open Session and convene Executive Session to discuss the salary and benefit matters of the Police contract; and, on completion, not to return to Open Session.
Respectfully submitted,
Approved as amended, September 26, 2006
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