Minutes
Stow Board of Selectmen
September 11, 2014
Present at the meeting that was held at Stow Town Building were Brian Burke, Donald Hawkes, Charles Kern, Thomas Ryan and James Salvie.
Also present were William Wrigley, Town Administrator and Maureen Trunfio, Administrative Assistant. Mr. Kern called the meeting to order at 7:00 PM.
Public Input:
Hudson resident, John Gage of 90 Hunter Avenue, asked what provisions in the Bylaw allows Mr. Collings to hold large public events on his property in a residential area on Barton Road. Mr. Wrigley replied by explaining that Mr. Collings believes that his foundation is an educational, non-profit organization which allows him, under his interpretation of Town Bylaw, to hold such events. Planning Board attorneys are currently investigating whether the organization is indeed an educational non-profit, but until or unless the status of the Collings Foundation is tested in court, Mr. Collings is permitted to operate as he has been. The Board suggested Mr. Gage attend Planning Board meetings to better follow the developments of Collings Foundation plans.
Town Clerk Linda Hathaway announced that she is seeking election workers for the November 4, 2014 Election. Please contact the Town Clerk’s Office for more information or to volunteer.
Chairman’s Comments: Mr. Kern announced that Hale Middle School is seeking a Community Representative for School Council. Contact the Board of Selectmen’s Office or Kathy O’Keefe for more information.
Acceptance of Meeting Minutes
Minutes of April 22, 2014
Mr. Ryan moved to accept the minutes of April 22 2014 as written. Mr. Hawkes seconded.
VOTED: (4-0) In favor (Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie).
Mr. Burke abstained.
Minutes of May 27, 2014
Mr. Hawkes moved to accept the minutes of May 27, 2014 as amended.
Mr. Salvie seconded.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Minutes of June 10, 2014
Mr. Hawkes moved to accept the minutes of June 10, 2014 as written. Mr. Salvie seconded.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Minutes of July 8, 2014
Mr. Hawkes moved to accept the minutes of July 8, 2014 as amended. Mr. Ryan seconded.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Town Administrator’s Report
Mr. Wrigley stated that all items he intended to discuss were included in agenda items.
211 Randall Road Earth Removal Permit Violation
Mr. Wrigley reported that Town Counsel stated that Town Bylaw Article 6 (Police Regulations) s.22 (Removal of Earth Material) creates a non-waivable penalty for violations. There would be no ability to apply equitable principles to the Bylaw—mitigating factors—to reduce or ameliorate the punitive provisions for the Bylaw. It was determined that 3,200 cubic yards of earth had been removed from the site at 211 Randall Road. According to records, and taking into consideration First” and “Subsequent” offenses, the total amount of the fine would equal $16,550. Mr. Smith received approximately $8,000 in payment for the earth that was removed. The Board of Selectmen’s Office received a letter dated September 10, 2014 from Mr. Smith’s attorney that requested any penalty for the removal of
earth in violation of the Bylaw be assessed against the person or company that actually removed the earth.
The Board reported that Mr. Smith was cooperating with all departments and had completed work to restore the site. However, it was their opinion that they were unable to reduce the fine due to the stringent guidelines in the Bylaw. It was Mr. Hawkes’ opinion that a clear path had been laid out by Town Counsel and made a motion.
Mr. Hawkes made a motion that for violation of the Town of Stow established Earth Removal Permit Process, and as specified in Article VI, section 22 of the Town Bylaws, the following shall occur: First, to impose a fine of $16,550 on Nathaniel Smith of 211 Randall Road in Stow, payable in two equal installments of $8,275, the first to be received by the Town no later than September 29, 2014, and the second to be received by the Town no later than December 31, 2014. And second, that Mr. Smith comply with site stabilization determined appropriate by the Building Inspector.
Mr Salvie agreed with the motion, but believed Mr. Smith should be present when the fine was levied, therefore the motion was not seconded. The Board agreed. Mr. Hawkes withdrew his motion and the Board agreed that Mr. Smith would be invited to the next meeting at which time the fine would be discussed.
At 7:38 Mr. Hawkes recused himself.
Public Safety Traffic Mitigation Planning/Implementation Procedure
Police Chief Bosworth was present and began the follow-up discussion of the proposed Traffic Mitigation Plan that was discussed at the Board’s August 26, 2014 meeting. He reported that the plan will be tested this fall during Apple-Picking Season. The plan was developed with input from Andrew Martin of Honey Pot Hill Orchard. This plan is not exclusive to Honey Pot and is meant to serve in a large variety of situations.
Chief Bosworth stated that the goal was to set expectations and that the Plan should be considered a work in progress. Mr. Ryan stated the importance of endorsing the Plan as presented but giving Public Safety flexibility as it implements the Plan. Mr. Kern agreed that it would be difficult to perfectly present a plan without first testing it.
Mr. Martin arrived approximately half way through the discussion, and added that he’s appreciative of the plan and willing to try new procedures in conjunction with Public Safety.
Mr. Salvie moved to approve the plan for traffic mitigation (as proposed by Stow Public Safety Officials. Mr. Ryan seconded.
VOTED: (4-0) In favor (Mr. Burke, Mr. Kern, Mr. Ryan and Mr. Salvie.) Mr. Hawkes was not present for the vote.
At 7:55 PM Mr. Hawkes rejoined the meeting.
Police Policies and Procedures
Mr. Wrigley told the Board that it was decided when Chief Bosworth was hired that he would begin the process of reviewing and updating the policies and procedures of the Department. The document that Chief Bosworth compiled was distributed to the Selectmen at the September 11, 2014 meeting for their review and comment.
At the present meeting Chief Bosworth explained that he developed the document based on industry-standard documentation utilized by police unions. Mr. Wrigley stated that the document developed by Chief Bosworth sets best practices for the Town and is vetted by attorneys in the field to prove due diligence so it can be used as a measurement for almost anything that occurs in the Police Department. Chief Bosworth clarified that the information will be available to all Officers on laptops in cruisers, and it will be available in a binder in the Station. Mr. Ryan thanked everyone involved in developing the document.
Mr. Salvie made a motion to approve Police Policies and Procedures as proposed by the Police Department. Mr. Hawkes seconded.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Meeting Report
Ms. Trunfio reported that Bose Corp. has been in contact with Mr. Wrigley and Jesse Steadman of Planning Board regarding Town volunteer opportunities for Bose Employees. A meeting will take place with representative from Bose and department heads at Town Building later this month. Ms. Trunfio will assist with issues relating to insurance of volunteers.
Liaison Reports
Mr. Burke reported that therapy dogs are again permitted at the Council on Aging after a ban on dogs in Town Building. He mentioned that Tri-Town Meeting announced that there were no active plans to build a new high school in the District. He added that Tri-Town Meeting is considering meeting less frequently. The next Tri-Town Meeting is scheduled for October 1, 2014 in Bolton. Stow is scheduled to host the meeting on November 5, 2014.
Mr Salvie reported that the Economic Development and Industrial Commission (EDIC) has received three letters of interest. He reported that the possibility of Stow residents using the Boxboro Transfer Station has been abandoned. He mentioned that there was some concern regarding the floor plan and space use at the last meeting of the Pompo Fire Station/Community Center Committee. The Stow Food Pantry is attempting to finalize a decision whether they would like to be housed at the proposed Community Center. He reported that a septic problem occurred at the Pompo Building and is being assessed.
Mr. Hawkes told the Board that the Recreation Commission is seeking a small firm to do the design work for the Pine Bluffs Recreation Area. He added that Rec has met with the Lake Boon Commission regarding issues raised regarding the rental of boats on Lake Boon. Mr. Hawkes reported that the Planning Board Meeting included extensive public input at a hearing with Robert Collings the previous night, September 10, 2014. Mr. Hawkes mentioned that the Zoning Board of Appeals still consists of only two Full Members on a five-member Board appointed by the Selectmen. It was suggested that Associate Members be invited to serve as Full Members.
Adjournment
At 8:33 PM Mr. Hawkes made a motion to go into Executive Session pursuant to MGL Chapter 39, section 23B(3), for the purpose of discussing strategy with respect to potential litigation, and to adjourn thereafter. Mr. Salvie Seconded. Roll Call Vote: Mr. Burke, aye, Mr. Salvie, aye, Mr. Hawkes, aye, Mr. Ryan aye, Mr. Kern, aye.
Respectfully submitted,
Maureen Trunfio
Administrative Assistant to the Board of Selectmen
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