MINUTES
BOARD OF SELECTMEN
April 10, 2007
Present at the meeting that was held at the Town Hall were Chairman Stephen Dungan and Selectmen Carole Makary, Jason Robart, Thomas Ruggiero, and Janet Wheeler.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Chairman Dungan called the meeting to order at approximately 7:00 p.m.
Public Input
None.
Town Administrator’s Report
Mr. Wrigley noted that one of his report topics, the Snow property, would be covered later in the meeting.
At this time, he asked the Board to vote to allow the Highway Department to deficit spend the FY 2007 snow and ice account, pursuant to MGL C44, s31D. This is a usually a regular annual request for Massachusetts municipalities, given the unpredictability of winter storms.
Ms. Makary moved to allow deficit spending for the FY 2007 snow and ice account, pursuant to MGL C44, s31D; Ms. Wheeler seconded, and all voted in favor.
Mr. Wrigley’s final topic was his recommendation that the Board address the development of a Town policy regarding a process for Chapter 61 land through a Joint Boards approach. He said that the involved boards had substantive and competing issues and concerns with the matter to consider.
Meeting Minutes
None.
ALS Bike Ride Permit
The Board approved a permit for the annual Positive Spin for ALS bike ride on Sunday, May 20, Mr. Robart moved to approve the permit, Ms. Makary seconded, and all voted in favor. Ms. McLaughlin will send the letter of permission to ride coordinator Myke Farricker.
Permit for Town Common Gathering
The Board approved a permit for gathering on the Town Common requested by resident Diane Miller representing a Peace group. During discussion, members agreed that the following stipulations be met:
· the permit be issued on a quarterly basis, the first period through June 30.
· the location of the gathering be to the east of the Trolley station and at least 10 feet from the road edge.
· each participant provide the Town with a signed “hold harmless” agreement for liability purposes
Ms. Makary moved to issue the permit with the specified stipulations; Ms. Wheeler seconded, and voted in favor. Ms. McLaughlin will send the letter of permission to Ms. Miller.
Recreation for Stow/Recreation Commission on Recreation Proposal
Eric Bachtell, member of the Recreation Director’s working group, presented the group’s proposal.
Mr. Bachtell said the Recreation for Stow group was formed to do a needs analysis of the town’s playing fields. They hired a third party, Gale Associates. Using donations and Community preservation funds to do the analysis, they now have a list of “undisputable needs.” For example, he noted that some organized youth sports programs are being supported by neighboring towns and that adult programs will be growing.
He said the group looked at land in Stow to meet the needs without adding to the tax bill. The town has 1,140 acres for passive recreation and 36 acres for active recreation at Bradley Lane and Pine Bluffs. They are also interested in the Snow property. In discussions with private landowners, they found that land is only available for lease, not for sale, and neither the Community Preservation Act nor state grants will fund capital improvements to rentals.
They are proposing a general tax appropriation of $400k, Town acceptance of a gift of land off Kingland Road, and $600k of Community Preservation funds, conditional on completion and acceptance of a Recreation Master Plan, due April 17. Other funding expected is $500k in grants; $100k in public sponsors and donations, $75k in private donations, and $25k in user fees. The total program cost is $1.8M.
Mr. Bachtell said the town has not created new fields in 10 years and lost one at Pompo; meanwhile, needs have doubled. Purchasing the Snow property would provide seven acres for recreation (of the 13 total), using the back half of the parcel and reducing development at Pine Bluffs.
A Q&A session with Board members and the public followed the presentation. Questions included:
· Would the $1.8M cover all needs or just present needs
· Is the field shortage a 6-day/week or a 2-day/week problem?
· What sport groups need the fields?
· What is the town doing to maintain present fields (not in good condition)?
· How were the Open Space and Recreation Plan and the Municipal Land Use Plans considered?
· Where is the middle ground between least acceptable conditions and 150 percent of where we are?
Numerous residents spoke on both sides of the issue. Several Lake residents spoke about Pine Bluffs being a bad choice for playing fields, due to environmental issues with the lake, general habitat, and traffic congestion. It was noted that there was not enough time or information available to make an informed decision.
In consideration of the remaining agenda, Mr. Dungan closed the Q&A period, noting that more discussion would occur in the future.
Master Plan Committee on Stow Master Plan
Marcia Rising, chairman of the Master Plan Committee, and Roy Miller, member at large, described the scope and status of the town’s Master Plan. Ms. Rising said efforts to update the plan began in 2001 and produced an enormous document. It has since been redesigned to make it more usable and a draft for the public will be available soon.
Mr. Miller described the committee’s approach and the plan elements, specifically: Commonly Held Values leading to Vision leading to Elements of the Plan leading to Actions leading to Priorities. The three elements of open spaces, villages, and community and their interplay, together with housing (4th element), determine the specific actions and their priorities. Examples of actions are low-impact development (open space), overlay districts and water/sewer (villages), and municipal services and facilities (community).
The committee’s next steps are to prepare a final draft in April, provide a presentation for acceptance to the Planning Board in May, and provide a public presentation in June.
Snow Property Acquisition
Mr. Dungan reviewed the current status of this potential property acquisition. The Avery Associates appraisal is for $760k; the owner’s asking price is $1.5M. Mr. Snow has told Mr. Dungan that the asking price is not negotiable.
Mr. Dungan stated that the Avery appraisal projects that three houses can be developed on the property, where the owner has a plot plan showing six houses being built.
Mr. Wrigley noted that an appraiser is strictly limited in considering any speculation as to possible values and that the Assessor’s Office and the Planning Board chair both agree with the Avery figure. Mr. Robart said this proved his point about land banking – that the use of the land will determine its value. To pay $1.5M, one must know what the land will be used for and what one is valuing it against.
It was agreed that no vote was needed now; that the article is already on the warrant. Mr. Dungan will follow up with the Planning Board and Zoning Board of Appeals on the questions of value.
School Building Task Force Statement of Interest to Mass School Building Authority
Task Force chairman Ellen Sturgis explained that the Statement of Interest (actually a statement of needs) is the first step in working with the School Building Authority and that Stow’s is now ready to submit. It must be approved by the Selectmen and the School Committee.
Ms. Makary moved to approve submitting the Statement of Interest for Pompositticut (reading into the record the resolution on the last page of the Statement); Ms. Wheeler seconded, and all voted in favor.
Ms. Makary moved to approve submitting the Statement of Interest for Center (reading into the record the resolution on the last page of the Statement); Ms. Wheeler seconded, and all voted in favor.
Mr. Dungan will write a letter on behalf of the Board to accompany the Statements of Interest.
Proposal re: Chapter 61 Evaluation Period
Due to changes in the law, Ms. Wheeler proposed that the Town state up front that it will take the full 120 days to decide whether to exercise it option to purchase Chapter 61 land. Board members discussed the pros and cons of this approach, agreeing adequate time should be taken to decide but disagreeing about a policy to always use the full 120 days. Arguments against were based on consideration for the landowner if a decision was clear in a lesser amount of time. The sense of the Board was three members opposed to a policy of 120 days and two in favor.
Ms. Makary moved that when property comes out of chapter and the potential for the Right of First Refusal sits with the Board of Selectmen that it’s prescribed that [the Board] call a Joint Boards meeting, allowing the potential players to have their own individual meetings and to vote a position, taking that information to the Joint Boards, then the Board will decide to vote whether to exercise its Right of First Refusal or not.
Ms. Wheeler added the phrase that “the Board can take up to 120 days to deliberate.”
Ms. Wheeler seconded the motion. Following additional discussion and clarification, the Board voted three to two in favor. (Dungan, Makary, and Wheeler in favor, Robart and Ruggiero opposed. The motion carried.
Review of Cushing Decision
The court’s decision not to re-hear argument on the number of days for right of first refusal on the Cushing matter was briefly discussed. Mr. Ruggiero asked if there was a lesson to be learned from the results.
Ms. Wheeler said to leave a few days [between the filing and the deadline] and noted that the statute now requires an affidavit from the owner. Ms. Makary asked whether the Board should reconsider its appointment of Town Counsel, noting that the Cushing matter was a joke around town and that the Board relied solely on the legal opinion of Town Counsel. It was noted that Town Counsel is a yearly appointment. Ms. Wheeler added that the Board had done everything right up to the decision and to end up with nothing is devastating.
Mr. Wrigley pointed out that Town Counsel had advised the Board against going to the last day; he strongly advised the Board to go earlier with the Town Meeting and have the election the same week as Town Meeting. He said it was decided collectively by the Board of Selectmen that the Board did not want to do that because of past practice of having the election and the Town Meeting a week apart. If the Town is going to look critically at mistakes made, there were mistakes made beyond Town Counsel, at the Board’s level.
At 9:58 p.m., Mr. Robart moved to adjourn, Ms. Wheeler seconded, and all voted in favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, May 1, 2007
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