MINUTES
BOARD OF SELECTMEN
September 11, 2007
Present at the meeting that was held at the Town Hall were Chairman Stephen Dungan and Selectmen Kathleen Farrell, Thomas Ruggiero, and Ellen Sturgis.
Jason Robart was absent.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Public Forum on Snow Property
At 7:00 p.m., the Board held a public forum to hear public comments on the Town’s potential acquisition of the Snow property, located off Old Bolton Road. This was the final formal information gathering by the Board in preparation for prioritizing municipal uses of the land.
Mr. Dungan opened the meeting with a moment of silence in remembrance of the victims and families of the September 11 tragedy.
Many of the property’s abutters attended to voice their opinions, primarily on the use of the land and the impact of various options. The Board heard concerns and recommendations in a range of areas, including street traffic, aquifer quality, seller’s pricing, effect on property taxes and values, use for recreation, agriculture, and affordable housing, and shared use of the parcel.
At 8:00 p.m., the public forum closed and the regular Selectmen’s meeting began.
Selectmen’s Meeting
Chairman Dungan called the meeting to order at 8:00 p.m.
Public Input
None.
Chairman’s Comments
Mr. Dungan asked that boards and committees requesting the selectmen’s action on a topic submit all necessary documents to the Selectmen’s Office by 5 pm on the Friday before the Board’s meeting.
Town Administrator’s Report
Mr. Wrigley reported on the following activities.
· Re state grants for the Snow property and Exec Order 193 for non-agricultural use of farmland, a meeting has been scheduled to learn the impact of EO 193 on the Snow property purchase for recreation. The two state agencies (Dept of Ag, Exec Office of Energy and Environmental Affairs) will meet with three Town boards (Recreation Commission, Agricultural Commission, and the Selectmen).
· Re Lower Village water, Assabet Water has applied for the low-interest loan from Mass DEP and the Town has shared the final cost numbers with Linear Retail. The remaining steps are to get enough Lower Village businesses to participate to make the arrangement viable and to persuade the private property owner to provide access to the water. If this plan fails, the effort must start over.
· Re the Kunelius litigation, a meeting to discuss possible mediation is scheduled for September 18, with both parties’ attorneys and a mediator.
· Re the Parker litigation, the next step is adjudication of the language of the land deed.
· Re the driving body for affordable housing, Mr. Wrigley has arranged for Housing Authority administrator Bob Barrell to meet with Stow’s housing groups on organization and responsibilities.
Meeting Minutes
August 14, 2007, Open Session: Mr. Dungan moved to accept the August 14 Open Session minutes as amended; Ms. Sturgis seconded; and all voted in favor.
August 14, 2007, Executive Session: Mr. Dungan moved to accept the August 14 Executive Session minutes as submitted; Ms. Sturgis seconded; and all voted in favor
August 29, 2007: Mr. Dungan moved to accept the August 29 minutes as submitted; Ms. Farrell seconded; and all voted in favor, with Ms. Sturgis abstaining.
Committee Appointments by Selectmen
Mr. Dungan asked the Board to agree that people requesting appointments to volunteer boards and committees come in to meet with the selectmen in person. This applies to voting members of all committees for which the Board is the appointing authority and for both voting and associate members of the Zoning Board of Appeals (as per statute).
The Board agreed to adopt this practice going forward. Members were still undecided on whether visits should be required for appointments of employees.
Stow Assabet River Rail Trail Appointments
The Board was introduced to Ross Perry of Circuit Drive and Kirk Teska of Sudbury Road and appointed them to fill two of the four vacancies on the newly created Stow Assabet River Rail Trail Committee.
Ms. Farrell moved to appoint former selectmen Ross Perry to the Assabet River Rail Trail Committee; Mr. Ruggiero seconded; and all voted in favor.
Ms. Farrell moved to appoint Kirk Teska to the Assabet River Rail Trail Committee; Ms. Sturgis seconded; and all voted in favor.
Ms. Sturgis moved to make members of the Assabet River Rail Trail Committee Special Municipal Employees; Mr. Ruggiero seconded; and all voted in favor.
Final Elementary School Building Committee Appointments
The Board voted to appoint the full seven members of the Elementary School Building Committee in a single vote, for recording purposes.
Mr. Dungan moved to appoint the following members to the Elementary School Building Committee:
· Gary M. Bernklow Stow Finance Committee appointee
· Lynn Colletti NRSD School Committee appointee
· Amy F. Hastings Selectmen’s/Stow NRSD reps’ joint appointee
· Craig D. Martin Stow Building Inspector
· Stephen C. Quinn Selectmen’s/Stow NRSD reps’ joint appointee
· Ellen S. Sturgis Stow Board of Selectmen appointee
· Michael L. Wood NRSD Superintendent of Schools
Ms. Farrell seconded the motion; all voted in favor (Dungan, Farrell, Ruggiero, and Sturgis). The motion carried.
Zoning Board of Appeals Associate Member Appointment
Based on a request by the ZBA and his well-known work in town and credentials, the Board appointed Bruce Fletcher to the ZBA.
Ms. Farrell moved to appoint Bruce Fletcher to the ZBA as an associate member; Ms. Sturgis seconded; and all voted in favor.
Call Firefighter/EMT Appointment
Based on a request for the Fire Chief, Ms. Sturgis moved to appoint Steve Provencher as a call firefighter, as recommended by Chief Dave Soar; Ms. Farrell seconded; and all voted in favor.
Regional Transport Authority Update
Mr. Ruggiero reported that COA chair Jim Sauta and he met with Montachusett Area Regional Transport (MART) assistant director Beth Falk, and all Mr. Sauta’s questions were answered. He will work out the accounting process with Mr. Wrigley.
As to possible new programs, adding a late school bus is beyond the scope of the MART services, while adding a shuttle service to the Acton MBTA station could be done.
Having already voted to join Montachusett Regional Transit Authority (MRTA), the Board’s next step is to send a letter confirming the vote to Ms. Falk in time for the Advisory Board meeting on September 18. Mr. Dungan agreed to send the letter on behalf of the Board.
Special Town Meeting Plans and Timelines
Mr. Dungan updated the Board of the December Town Meeting plans and the possibility of holding a second Town Meeting in February for zoning bylaw amendments. He said the update was informational only and no decisions were made.
Order of Taking for Trefry Lane
Based on the recommendation of Town Counsel, two votes were taken to correct a difference in wording between the Annual Town Meeting motion and the Order of Taking for the street acceptance of Trefry Lane.
Mr. Dungan moved to rescind the Board’s earlier vote on the Order of Taking for Trefry Lane, dated August 14, 2007; Ms. Sturgis seconded; and all voted in favor.
Mr. Dungan moved to approve the Order of Taking for Trefry Lane, dated September 11, 2007, with the language recommended by Town Counsel, Ms. Sturgis seconded, and all voted in favor.
It was agreed that the changed language be included in the meeting minutes, after which the Board signed and Ms. McLaughlin notarized the Order of Taking for Trefry Lane, dated September 11, 2007.
The changed language is in the following section of the Order of Taking, indicated in bold italics:
Ordered: That an entire fee interest in the way named "Trefry Lane" and described and laid out by the Board in the document entitled "Report and Order of Laying Out of Way to the Town Clerk and Inhabitants of the Town of Stow", a true copy of which is attached hereto, together with all drainage easements shown on the following plans, be and is hereby taken by the Town of Stow for all purposes for which public ways and drainage easements may now or hereafter be used in the Town of Stow, in accordance with said Report and Order of Laying Out of Way and as shown on certain plans, to which reference is made for bounds and measurements, as follows:
· Definitive Plan entitled “Definitive Subdivision Plan, Meadowbrook Estates, a Planned Conservation Development, Stow, MA, prepared for Eldamar Development Co., LLC, last revised July 14, 2003,” which plan is recorded with Middlesex South District Registry of Deeds as Plan No. 669 of 2003 in Record Book 40123, Page 225.
· Plan entitled “As-Built Plan and Profile; Definitive Subdivision Plan, Meadowbrook Estates, a Planned Conservation Development, Stow, MA, prepared for Eldamar Development Co., LLC, December 20, 2005.”
The acceptance of Trefry Lane and related easements specifically excludes that portion of land identified in the above noted plan identified as “R.O.W. Easement containing 6,752 square feet, more or less.
Mass School Building Authority Update
Ms. Sturgis reported that that the new Elementary School Building Committee held its first meeting, on organization, and will next meet on September 24.
Ms. Sturgis sent a letter to MSBA director Katherine Craven describing the composition of the ESBC as related to the MSBC CMR 963 on the subject.
Selectmen’s Master Planning
Mr. Dungan said that this project is on hiatus until October, when Mr. Robart returns.
Tri-Town Meeting
Ms. Sturgis reported that Stow hosted the meeting on September 5. Points of note are that district enrollment is flat this year, as more students went to other schools and that the School Committee is scheduled to vote on the excess Chapter 70 aid in the first week of October.
Other
Mr. Dungan explained an initiative from the MAGIC collaborative on low-impact development, which referred to Mass DEP regulations. Mr. Wrigley noted that Stow has only storm water drainage issues that apply to Town water and wastewater treatment.
Mr. Wrigley responded to a recent Letter to the Editor on unions and the new state health insurance plan, saying that the Town’s unions are not fighting it, as the letter implied. The option has not even been presented to the Town’s unions yet.
At 9:08 p.m., Ms. Sturgis moved to adjourn; Mr. Ruggiero seconded; and all voted on favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, September 25, 2007
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