MINUTES
BOARD OF SELECTMEN
November 13, 2007
Present at the meeting that was held at the Town Building were Chairman Stephen Dungan and Selectmen Jason Robart, Thomas Ruggiero, and Ellen Sturgis.
Selectman Kathleen Farrell was absent.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Mr. Dungan called the meeting to order at 6:00 p.m.
Public Input
None.
Snow Property Uses and Warrant Article
The Board discussed the uses of Snow as listed in the Article 3 motion, impact of the potential donation of Kane property, whether to cancel the December Special Town Meeting, the Snow mitigation plan, and the possible outcomes of two articles on Snow at Town Meeting and the ballot box.
Kane property: Ms. Sturgis and Mr. Robart were in favor of either postponing or canceling the December Town Meeting and waiting until the May Annual Town Meeting to vote on the Snow property, in order to investigate Kane. Mr. Ruggiero favored voting on Snow in December, given the risk of losing Snow and that Snow and Kane properties were completely different. The Town already has an extensive proposal on Snow and Kane is unknown. Mr. Dungan also favored voting on Snow in December, rather than risk Mr. Snow pulling the property off the market. The Snow property is unique, no other land is available now, and it is time to let the voters decide.
Speaking from the audience, Ernie Dodd stated that Kane is larger than Snow and has the potential for multiple fields. He asked whether the land on the west side of Pompo, Minuteman, and Crow Island (30 acres) had “really been worked?”
Also from the audience, Bob Wilber said, speaking as an individual, he believes the Kane property has significant development constraints and the housing market uncertainty will slow the Kane development. The Recreation proposal, which only lost by 13 votes at Annual Town Meeting, now has Community Preservation support and funds.
Several people from the audience expressed opinions on both sides of the issue.
Mr. Dungan said that at the Board’s last meeting, it was voted three to two to proceed with the December Town Meeting. No one moved to rescind that vote.
Uses of Snow:
Mr. Robart moved that the two uses for Snow per the Selectmen’s article be agriculture and recreation. Mr. Ruggiero seconded. The Board voted three in favor (Dungan, Robart, and Ruggiero) and one opposed (Sturgis). The motion carried.
One or two articles on Snow: Mr. Dungan noted that the articles are substantially different. Ms. Sturgis said she wants to split out the costs of land acquisition and recreational development in Article 4. Mr. Dungan said he wants to add back the $120.0k to the purchase price to cover legal and other acquisition expenses.
Appointment to Council on Aging
The Board appointed Newell Dearborn to the Council of Aging, as so moved by Ms. Sturgis; seconded by Mr. Ruggiero; with the Board voting unanimously in favor.
Cable License Advisory Committee Restructuring
The Board discussed Lew Halprin’s request that the Cable License Advisory Committee membership be reduced from seven to five members or combined with the Local Access Channel Advisory Committee. It was agreed to defer a decision until meeting with the chairs of both committees to discuss.
Snow property, continued
Community Preservation Funds for Selectmen’s Article: The Selectmen discussed their plan to request Community Preservation funds toward the purchase of Snow, in the same proportion as the CPA funds for land purchase in the Recreation/CPC article. Mr. Dungan agreed to revise the Board’s proposal to CPC and Mr. Robart to attend the upcoming CPC meeting.
It was generally agreed that two articles on Snow are confusing to voters and getting to one article is desired. The only way to achieve that is for the Rec/CPC article to reduce the purchase price or the selectmen’s to increase it. Mr. Robart will raise this at the CPC meeting. An informational session on Snow will be held at the beginning of the next Selectmen’s meeting.
Dispatch and Police Union Contracts
Mr. Wrigley presented contract renewals for the Town’s dispatchers and police unions, reflecting the negotiations that the Board had previously approved.
Mr. Dungan moved to execute the union contract renewal for the Dispatcher union; Ms. Sturgis seconded; and all voted in favor.
Mr. Dungan moved to execute the union contract renewal for the Police union; Mr. Ruggiero seconded; and all voted in favor.
The Board signed both contracts on behalf of the Town.
2008 Liquor License Fees
All members agreed to keep the license fees level for calendar year 2008 so as not to burden the few businesses being licensed.
Mr. Dungan moved to approve the liquor license fees for 2008 as listed on Ms. McLaughlin’s 6/27/07 memo to the ABCC, Mr. Robart seconded; and all voted in favor.
Liaison Reports
Mr. Ruggiero reported that the Superintendent of Streets and Public Safety Officer agreed to the use of plastic curbing instead of Jersey barriers for the temporary pedestrian safety islands that will test the islands’ use.
Public Hearing on Tax Classification
At 7:15 p.m., Mr. Dungan opened the public hearing on setting the Town’s rate classification for the upcoming year, by reading the legal notice and summarizing the purpose.
Principal Assessor Dorothy Wilber said the Board of Assessors recommends that the Selectmen keep the same rate for residential and business property again this year. Splitting the rate would have a minimal effect on residential taxes but a large effect on the few businesses we have, including orchards and golf courses. For this reason, the town has never split the rate.
Mr. Robart moved to adopt a single tax rate for the year; Mr. Ruggiero seconded; and all voted in favor.
The selectmen signed the vote certification, after which Mr. Dungan closed the public hearing at 7:22 p.m.
Chairman’s Comments
None.
Town Administrator’s Report
Mr. Wrigley covered the following matters:
· The Department of Revenue certified the town’s FY08 free cash of $410,218. This is a decrease of $62.6.0k from FY07. It is the lowest amount in five years and the second lowest in 10 years. In contrast, the highest free cash amount of $751,362 was in 2002. The town’s total stored assets – free cash and stabilization fund – equal $895,768.
· Regarding the Lower Village water project, the small business/property owners are scheduled to meet with Assabet Water on November 27 to review the current financial figures. Mr. Wrigley said he remains encouraged with progress and noted the solution will require no Town funds. Mr. Robart said he remembers the early discussions on this and that this commendable effort is testimony to Mr. Wrigley and his working group.
Meeting Minutes
None.
Public Hearing on Dog Complaint
At 7:30 p.m., Chairman Dungan opened a public hearing on a complaint against two Bullmastiff dogs owned by William and Leanne Lombardo of 110 Maple Street, per Town of Stow General Bylaws Article 6 Section 7 and MGL Chapter 140 Section 157.
The Board of Health and Animal Control Officer presented written evidence in a package entitled
“Lombardo Dog Hearing, Tuesday, November 13, 2007.” The documents include letters and
general information and complaints of January 10, 2007, August 20, 2007, and October 9, 2007.
Witnesses present who testified to the dogs’ behavior were Mary Robinson of 22 Kettle Plain Road, Joni Stevenson of 88 Kettle Plain Road, and Robert Bell of 103 Maple Street.
Owner William Lombardo told the Board he had placed one dog with the Bullmastiff Rescue group in Templeton and presented a letter stating this. Selectmen asked Mr. Lombardo several questions on his existing methods of controlling the dogs. In response to Mr. Lombardo’s statement that he had taken the male dog to the Delaney project to socialize him, Board of Health Chairman Marcia Rising stated that the Board of Health’s emergency restraint order stated that the dog was never to be off the property and Mr. Lombardo had violated the order. Mr. Lombardo said he misunderstood the order. Ms. Rising said that she wants a direct and secure connection between the house and the dog pen as part of the solution.
Susan Latham, Animal Control Officer, explained the documented evidence of the dogs’ behavior, stating that it “speaks for itself,” as to the dogs being vicious. Following questions to Ms. Latham, Board members said they agreed.
Mr. Dungan moved to define the Lombardo’s two dogs as vicious, based on evidence and the public hearing, pursuant to MGL Chapter 140 Section 157; Ms. Sturgis seconded; and all voted in favor.
Having determined the dogs to be vicious, Board members, Mr. Wrigley, and Ms. Latham discussed conditions to be ordered to restrain the dogs, in lieu of killing them.
Following discussion of various options, Mr. Dungan moved to order the following conditions:
· Relocate the pen to the back of the house.
· Install fencing to make a direct connection between the pen and the house, subject to review and approval by the Building Inspector.
· When outside the house, the dogs must be leashed and under the control of an adult or inside the pen.
· For any single violation of the conditions, the order will default to relocating the dogs.
Mr. Robart seconded.
Following discussion, Mr. Dungan amended the last condition of the motion to read, “Any violation of the terms of the order shall mean the owner will immediately place the dogs outside of Stow.”
Mr. Robart seconded and all voted in favor.
Mr. Wrigley agreed to inform Mr. Lombardo of the conditions in writing. Mr. Dungan closed the public hearing at 8:38 p.m.
At 8:40 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 written, December 11, 2007
| 
