MINUTES
BOARD OF SELECTMEN
July 24, 2007
Present at the meeting that was held at the Town Building were Chairman Stephen Dungan and Selectmen Kathleen Farrell, Jason Robart, Thomas Ruggiero, and Ellen Sturgis.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Chairman Dungan called the meeting to order at 7:00 p.m.
Public Input
None.
Chairman’s Comments
None.
Town Administrator’s Report
Lower Village Water: Mr. Wrigley said the project to provide water to Lower Village is progressing as follows.
· The Assabet Water Company and the state’s Department of Environmental Protections (DEP) are discussing DEP granting a long-term low-interest loan to the company to construct a well and lines for water to Lower Village. Based on current information, DEP will likely grant the loan and delay enforcement of its regulatory compliance orders to businesses until the system is activated.
· Resident David Walrath has tentatively agreed to lease part of his property on Samuel Prescott Drive for the well site.
· Business and property owners are interested in being customers, depending on the cost, which can be determined when the financing terms are final.
· As was intended, the solution is within the private sector; the Town will not be involved in providing the service or funding.
Dunster Drive Chapter 61 Land: Having received a purchase & sale agreement on Chapter 61 land from Dunster Drive property owners William and Josephine Avery to a neighbor, the Board needs to vote on whether to exercise the Town’s right to purchase the land, per MGL Chapter 61. The Assessors, Conservation Commission, and Planning Board have no interest in the Town purchasing the small (3,017 sq. ft.) parcel.
Mass Fish & Wildlife Interest in Crow Island Property: Mr. Wrigley and U.S Fish & Wildlife are discussing alternatives to the agency’s purchase of Crow Island as an extension of the federal wildlife refuge. Because of incompatibility-of-use issues at Crow Island between active recreation and wildlife refuge, he is proposing a land swap between Stow and the agency, offering Town-owned land for wildlife preservation in return for federal land for playing fields. To date, two Town-owned properties have been identified as possibilities (the former Parker property at Lake Boon and the former Kane property abutting both the Assabet and other land of interest to Fish & Wildlife).
Town Administrator’s Report, continued
Cingular Suit of Planning Board Update: Town Counsel argued the Town’s case in Federal District Court regarding the Planning Boards’ denial of Cingular’s application to place a cell tower on the Gleasondale Mill smokestack.
Affordable Housing Trust Startup: At Mr. Wrigley’s suggestion, newly appointed Housing Trust member Karen Meyer consulted with Town Counsel on developing rules and regulations for the Trust. Mr. Witten is experienced in housing matters and has provided initial information. He and Ms. Meyer will continue to collaborate as needed.
Stow TV Monitor in Town Building Lobby
Lew Halprin and George Scraggs of the Cable License Advisory Committee visited the Board to request the Board’s approval to place a flat-screen television tuned to Stow’s Channel 9 in the Town Building lobby. Mr. Halprin noted that he had made the request to the previous Board, which was denied, but he was returning to the Board, given the growing success of the town-run station.
The Board’s discussion covered concerns about general media overload, the potential effects of people watching TV in the lobby, and whether it is in character with the Town offices. The Town Clerk spoke in opposition to the installation.
Ms. Sturgis moved to install a video monitor in the Town Building lobby; Ms. Farrell seconded. Ms. Sturgis and Ms. Farrell voted in favor; Mr. Dungan, Mr. Robart, and Mr. Ruggiero voted opposed. The motion was defeated.
Joint Appointment to the NRSD Audit Advisory Committee – Finance and Selectmen
Mr. Medeiros, whose one-year term as Stow’s representative expired, had agreed to serve another term. The Board and Finance must vote the appointment jointly.
Ms. Sturgis moved to reappoint James Medeiros to the Audit Advisory Committee; Mr. Ruggiero seconded, and the following officials voted in favor: Selectmen Dungan, Farrell, Robart, Ruggiero, and Sturgis and Finance Committee members Hagopian, Kern, Salvie, and Walrath.
Land Use Strategy and Snow Property Proposals – Joint Boards
Land Use Strategy: At 7:30 p.m., Mr. Robart opened the joint boards meeting with a selectmen’s proposal to create a land use task force, in order to collectively leverage our single interests to everyone’s benefit.
The committee structure would be similar to School Building Task Force, a successful effort to bring a proposal to Town Meeting. The task force would have representatives from key stakeholder groups as well as two at-large seats to ensure a well-rounded view of the town’s needs and interests.
The task force would have three goals:
1. To prioritize the town’s land use needs going forward, in a single prioritized list of needs.
2. To provide a comprehensive analysis of land available in town, such as Town owned, Ch. 61 land, desirable tracts of private land, and land adjacent to Town-owned land.
3. To create a strategy for matching needs with available land, including methods of acquisition, such as land swaps and private acquisition, as well as financing options.
The task force will bring this strategy to Annual Town Meeting in May 2008, for adoption by Town Meeting.
During discussion, various boards contributed the following ideas.
· There are many reports on different aspects on Town land but a single holistic picture is important.
· The “supply” side is documented; it’s the “demand” side that needs prioritizing.
· The process needs a “traffic director.”
· Success at Town Meeting requires that competing interests have been evaluated and a unified plan among stakeholders can be presented.
· Use the existing reports as source material but don’t compromise them, e.g., Open Space and Recreation report.
· Should this be a permanent committee?
· Should review the Bylaws regarding different land uses, for example, Ridgewood is being negotiated.
· The group should know what the Town’s needs are and direct traffic around the critical needs.
Snow Property Proposals:
Mr. Dungan introduced the topic stating that the Board has agreed to go back to Town Meeting in the fall with one or more specific uses, with this meeting intended to identify them.
The results were as follows.
· Community Preservation Committee: Has supported and will continue to support use for recreation fields. The committee had not discussed affordable housing on the site.
· Conservation Commission: Supports use for recreation fields; would encourage linkage to surrounding active farmland.
· Housing Partnership: Well suited to housing. Under a friendly 40B, could be revenue neutral, paying for itself with sale of land (e.g. 20 units over 11 acres), with two acres remaining for open space or recreation.
· Recreation Commission: Continues its commitment and strong desire for Snow use as recreation fields. Chairman Mike Busch and member Jim Henry reviewed the town’s needs for fields, both shortages for various sports and regional programs and needed maintenance and resting of the surfaces.
·
The Council on Aging, Fire/Rescue, and schools expressed no interest in this land, given their present plans. No other committees or groups spoke. The Agriculture Commission did not attend.
The Joint Boards meeting ended at 8:30 p.m.
Warrant for 9/4/07 state election
The Board signed the election warrant, which the Town Clerk will post.
Confirmation of MSBA Statements of Interest (SOIs) Vote
No action was taken. The MSBA’s request was met before the meeting.
Town Administrator’s Performance Review
Mr. Dungan read a composite of the members’ reviews, stating the overall rating was 3.3 on a scale of 4.0. The Board and Mr. Wrigley signed his renewed employment contract.
It was noted that the current versions of the Town governing documents, the Charter and General Bylaws, disagree regarding the Town Administrator’s performance review. The conflict should be resolved in the next revision of the documents.
School Building Committee Composition
The Board and Superintendent of Schools Wood agreed to the composition of the new school building committee, based on the specifications in Mass School Building Authority 963 CMR 2.00
An Elementary School Building Committee will be formed and have the following seven members: Superintendent of Schools, Building Inspector, one member each from the Board of Selectmen, Finance Committee, and School Committee, and two Members-at-Large from Stow.
This makeup satisfies eight of the 10 MSBA requirements. Superintendent Wood agreed with the membership, saying is representative of the community.
Resident William Byron, member of the prior School Building Task Force, asked why have members from the Selectman and Finance members instead of community members. This is due to the MSBA requirements and that having all responsible parties involved will help with accountability.
The Town Clerk asked that the committee be designated as Special Municipal Employees.
Ms. Sturgis was nominated the Selectmen’s representative. Mr. Ruggiero moved to appoint Ms. Sturgis to the Elementary School Building Committee; Ms. Farrell seconded; and all voted in favor.
The two vacancies will be posted immediately with a closing date of August 9. Mr. Wood will send the posting to the MSBA to keep them informed.
Zoning Board of Appeals Appointments
No action was taken. Appointments will be made following receipt of letters of resignation and application.
Support for the Municipal Partnership Act
The Board generally agreed that the legislation deserved support for the statewide benefits and would support it based on it being a local acceptance statute.
Ms. Sturgis moved that Stow support the Municipal Partnership Act; Mr. Ruggiero seconded; and four members voted in favor (Dungan, Robart, Ruggiero, and Sturgis), one opposed (Farrell). The motion carried. Ms. Sturgis will send the requested letters confirming Stow’s support.
Dunster Drive Ch 61 Land
Having polled Assessors, Conservation, and Planning on interest in this small strip of land, the Board decided not to pursue its option to purchase.
Ms. Sturgis moved to decline the offer; Mr. Ruggiero seconded, and all voted in favor. Mr. and Mrs. Avery will be informed in writing.
Public Notice of the Dept of Agriculture Interest in APR Purchase on Great Road
The Mass Department of Agricultural Resources, per MGL c.7, s.40I, informed the Board of the state’s interest in acquiring an Agricultural Preservation Restriction on approximately 7.6 acres of farmland off Great Road, Assessor Map R-3, Lot 12.
Chairman Dungan related the DAR notice, dated July 18, 2007, to the public. Mr. Robart, as Clerk of the Board, signed the Confirmation of Notice, for return to the DAR.
Standard Operating Procedures – Table of Contents Review
Mr. Robart updated the Board on his work with Mr. Wrigley to create Standard Operating Procedures (SOP) for the Selectmen’s Office. He presented a topic outline, divided into a first tier of top-priority issues and a second tier of less pressing topics.
Assabet River Rail Trail Representation
Mr. Dungan met with Don Rising, the Selectmen’s appointed representative on the Rail Trail project and advised Mr. Rising to set up a Stow committee tasked with moving the project forward in Stow.
Red Acre Road Speed Zones
Mr. Ruggiero discussed Mr. Graf’s proposal with Superintendent of Streets Clayton and Public Safety Officer Lima. Board to review and decide at the August 14 meeting.
Affordable Housing Driver
Mr. Dungan and Ms. Farrell will meet with Trust and Partnership members to discuss which body owns responsibility for driving the development of affordable housing.
Meeting Minutes
July 10, 2007: Following amendments by Mr. Dungan and Ms. Farrell, Ms. Farrell recommended that a section of the minutes be removed to keep a positive tone on the school building effort. Other board members were in favor of leaving the section in.
Mr. Robart moved to approve the July 10, 2007 minutes as amended; Ms. Sturgis seconded; and all voted in favor.
Other
Ms. Sturgis explained a request from the MSBA for Stow’s top-priority project, Center or Pompo. Stow’s response will be that Pompo is the higher priority because its problems are more severe; however, the solution will be to do the addition/renovation of Center. Mr. Wood will reply to MSBA.
At 9:55 p.m., Ms. Farrell moved to adjourn; Mr. Ruggiero seconded; and all voted in favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, August 14, 2007
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