Minutes
Stow Board of Selectmen
October 28, 2014
Present at the meeting that was held at Stow Town Building were Brian Burke, Donald Hawkes, Charles Kern and James Salvie. Thomas Ryan was absent.
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
Town Clerk, Linda Hathaway, reminded citizens to vote on November 4, 2014.
Chairman’s Comments
Mr. Kern announced that the next Selectmen’s meeting will be held on a Wednesday (November 12, 2014), as opposed to a Tuesday, due to Veteran’s Day. The Chair echoed Town Clerk’s encouragement for all citizens to vote on Election Day.
Meeting Minutes
Mr. Hawkes moved to approve the minutes of October 14, 2014 as drafted. Mr. Burke seconded the motion and it was passed. Mr. Salvie abstained.
VOTED: (3-0-1) In favor (Mr. Burke, Mr. Hawkes, Mr. Kern.) Abstain ( Mr. Salvie.)
Renewal of Elementary School Project Borrowing
Treasurer Pam Landry was present to request that the Selectmen approve the sale of the $1,100,000 Bond Anticipation Notes. The Board unanimously agreed to do so. Town Clerk Linda Hathaway was present to notarize the process.
Mr. Salvie made a motion to approve the sale of the $1,100,000 Bond Anticipation Notes of the Town under Article 36 of the 2007 Annual Town Meeting, as amended under Article 35 of the 2009 Annual Town Meeting and under Article 1 of the October 19, 2009 Special Town Meeting for renovation and addition to the Pompositticut/Center Elementary School. The Notes will be dated November 14, 2014, and payable November 12, 2015, payable to Century Subsidiary Investments Inc. III, issued at par and at a net interest cost of 0.45%. Mr. Hawkes seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Appointment to Historical Commission
The Board interviewed Vellyn Antonelli and voted unanimously to appoint her to the Historical Commission for a one-year term.
On the recommendation of the Historical Commission, Mr. Hawkes made a motion to appoint Vellyn Antonelli to the Historical Commission, to fulfill the remainder of a one-year term ending June 30, 2015, and subject to reappointment thereafter. Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Appointment to Open Space Committee
The Board interviewed Vellyn Antonelli and voted unanimously to appoint her to the Open Space Committee and commended Ms. Antonelli for volunteering for two positions.
On the recommendation of the Open Space Committee, Mr. Hawkes made a motion to appoint Vellyn Antonelli to the Open Space Committee for an indefinite term. Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Appointment to Cultural Council
The Board interviewed Angela Santos and voted unanimously to appoint her to the Cultural Council for a three-year term.
On the recommendation of the Stow Cultural Council, Mr. Hawkes moved to appoint Angela Santos to the Cultural Council, for a three-year term ending October 28, 2017. Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Zoning Board of Appeals Appointments
The Selectmen interviewed four candidates, Charles Barney, William Byron, Bruce Fletcher and Mark Jones for three open Full-Member seats on the ZBA. Due to the fact that the first three names listed currently serve on the ZBA as Associate Members, the Board voted to appoint them to the open seats. Mr. Jones was encouraged to apply for an Associate Member position with the ZBA once the positions have been posted. Mr. Jones, who also serves on the Planning Board, brought a legal opinion from the Ethics Commission that stated his serving on the ZBA and Planning Board concurrently would not present a conflict of interest.
On the recommendation of the Zoning Board of Appeals, Mr. Salvie made a motion to make the following appointments to the Zoning Board of Appeals:
- Bruce Fletcher to fulfill an unexpired five-year term ending June 30, 2017.
- Charles Barney to fulfill an unexpired five-year term ending June 30, 2018.
- William Byron to fulfill an unexpired five-year term ending June 30, 2019.
Mr. Burke seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
495/MetroWest Suburban Edge Communities Commission
State Representative Kate Hogan was present and discussed with the Board the 495/MetroWest Suburban Edge Communities Commission initiative meant to aid sparsely-populated towns (population under 35,000) address problems such as regional transportation, water infrastructure, development issues and challenges, etc. It is her hope that these towns will act as a region and therefore have more of a presence on Beacon Hill. She is looking for comments from not only the BoS but Planning Board and other town departments as well. Rep. Hogan asked that questions and comments be forwarded to her office.
Rotary Club Gift Acceptance
Laura Spear was present on behalf of the Rotary Club of Nashoba Valley and explained their involvement with the Rape Aggression Defense (R.A.D.) program. This is a 12-hour course that will be offered to female teachers at Nashoba Regional High School in late October and early November. The Police Departments have covered the cost of the training equipment; this grant is to cover the cost of student workbooks.
Mr. Hawkes made a motion move to accept a gift of $350 from the Rotary Club of Nashoba Valley, to fund R.A.D. Systems self-defense training course materials, to accompany a class sponsored by the Stow and Bolton Police Departments. Mr. Burke seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Discontinuation of Multi-Use Track Road Committee
John Akers presented a final report to the Board on Track Road. He mentioned some of MUTR Committee’s accomplishments such as aerial surveys, new lighted parking lot, kiosks and more. Mr. Akers thanked the many volunteers involved including Don Rising, Jim Salvie, Barbara Myles and Rachel Ganimian. Mr. Salvie thanked Mr. Akers for his five years of dedication.
The Committee was formed to design the rail trial that would run though Stow. Mr. Akers stated that he cannot foresee completion until there’s a connection to Hudson, either through Honeypot Orchards or The Assabet River National Wildlife Refuge. In the near future, Mr. Akers explained that there will be a need for path maintenance, gate maintenance, signage, kiosk maintenance, possible benches and side trails. Mr. Akers stated that he would be willing to continue to help with small tasks relating to Track Road moving forward.
Mr. Akers explained that he presumes that the Federal earmark will disappear before the Town is able to accomplish the Rail Trail connection. He explained that Community Preservation Committee (CPC) funds, allocated at town meeting, for Stow’s share of design, has not been utilized and will need to be “returned” to the CPC. It was suggested that a small portion of those funds be utilized for maintenance costs, with approval from Town Meeting.
Mr. Hawkes made a motion that the Board discontinue the Multi-Use Track Road Committee, created as the Multi-Use Recreation Path Committee in July 2010, and renamed the Multi-Use Track Road Committee in January 2011. Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
211 Randall Road Earth Removal Permit Fine
Mr. Kern stated that due to a violation of the bylaw, Nate Smith of 211 Randall Road will be fined $16,550. The Board had authorized the Town Administrator to negotiate with Mr. Smith’s attorney, but no satisfactory agreement was reached. Collection of payment will be carried out by the Building Inspector. A payment plan will be considered, if requested.
For violation of the Town of Stow established Earth Removal Permit Process, and as specified in Article VI, section 22 of the Town By-laws, Mr. Hawkes moved as follows:
The Town shall impose a fine of $16,550 on Nathaniel Smith of 211 Randall Road in Stow, to be received by the Town no later than December 31, 2014; a payment plan may be acceptable upon by the Building Inspector’s approval.
And second, that Mr. Smith comply with site stabilization determined appropriate by the Building Inspector.
Mr. Salvie seconded the motion and it was passed unanimously
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
License Fees for 2015
The Board agreed that fees for 2015 shall remain at the same rate as last year.
Mr. Hawkes moved that liquor license fees for 2015 remain the same rate as charged in 2014:
Restaurants – All Alcohol - $2,200
Restaurants – Wine & Malt - $880
Package Stores – All Alcohol - $2,000
Package Stores – Wine & Malt - $880
Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Mr. Hawkes moved that common victualer license fees for 2015 remain the same rate as charged in 2014 ($25). Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Mr. Hawkes moved that Class II/used auto sales license fees for 2015 remain the same rate as charged in 2014 ($100). Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Change to Regulations Governing Sale of Alcoholic Beverages
Due to recent changes to Chapter 182 per Acts of 2014, package stores are now permitted to open at 10 A.M. on Sundays instead of Noon. The Board voted to change its regulations to reflect the proper opening time.
Mr. Hawkes moved that, in accord with MGL Chapter 138, section 15 pertaining to off-premises retail liquor licenses, and as issued in a notice by the Alcoholic Beverages Control Commission on September 8, 2014, the Board vote to amend the Town of Stow Regulations Governing the Sale of Alcoholic Beverages established in December 2011 as follows:
Package Stores: Monday through Saturday, stores may not open earlier than 8:00 A.M. and may not remain open later than 11:00 P.M. Stores may open at 10:00 A.M. on Sundays, per Acts of 2014, Chapter 182. (Underlined text indicates change.)
Mr. Salvie seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Town Administrator`s Report
Mr. Wrigley explained that during the Collings Earth Removal Permit Request hearings in spring of 2014, the legality of The Collings Foundation’s Landing Strip was questioned. This is a topic that Planning Board, the Board of Selectmen and many residents of the Town would like resolved. Mr. Wrigley requested authorization from the Board of Selectmen to work in a collective effort with Planning Board and Town Counsel in developing a list of options for strategy to be presented and discussed. The joints boards would then make a recommendation regarding how they would prefer Town Counsel to proceed. The Board was supportive of seeing this long-standing issue move forward towards resolution and thanked Karen Kelleher, Town Planner, for her efforts.
Mr. Hawkes moved to authorize the Town Administrator to work with Town Counsel to prepare, for the Board of Selectmen’s review, a Request for Determination of Applicability of MGL C. 90, s. 39B over Stow’s Zoning Bylaws prohibiting private airfields to be considered for submission to the Aeronautics Division of the Massachusetts Department of Transportation at a future date. Brian Burke seconded the motion and it was passed unanimously.
Mr. Wrigley informed the Board that he had sent out his annual FY-2016 budget message to all departments. He advised that departmental budgets should include a 2% COLA and hopes to recommend as near a level services budget as practicable.
Mr. Wrigley told the Board that he has been speaking with Standard and Poor’s and is proud that the Town is close to achieving a AAA rating.
Mr. Wrigley was excused from the meeting at 8:55 PM.
Liaison Reports
Mr. Hawkes deferred to Karen Kelleher of Planning Board who was present and announced a public forum that would take place the following evening, 10/29/14 at 7 PM at Town Hall. The forum would discuss Town Center Planning Project which would include vetting proposals that had been received regarding 323 Great Road.
Mr. Hawkes reported on Tom Ryan’s behalf that Minute Man Air Field would be hosting their second annual Emergency Services Appreciation Day on November 8, 2014 at 2 PM at Nancy’s Airfield Café.
Mr. Salvie reported that the Pompo Building Committee has begun the permitting process. Informal feedback has been exchanged between the civil engineer and the Conservation Commission, and the Commission has completed a walk through with the architect and Fire Chief. No insurmountable problems appeared thus far. The Pompo Building Committee will appear before the Planning Board at their November 12, 2014 meeting. Mr. Salvie said that the project is on, or slightly ahead of, schedule at this time.
Mr. Burke announced that Chair of Community Preservation Committee has reported that a new Open Space and Recreation Plan is on the way.
Mr. Hawkes referred to a letter from the Correspondence file from resident Henry Tarbi addressing excessive noise levels during the recent WWII reenactment at the Collings Foundation. The letter specifically asks the Building Inspector and Board of Selectmen to reply. Mr. Hawkes thought it would be wise to wait and discuss with the Building Inspector his findings on the matter before replying to Mr. Tarbi. He suggested that the receipt of the letter be acknowledged.
Adjournment
At 9:02 PM Mr. Hawkes made a motion to adjourn. Mr. Burke seconded the motion and it was passed unanimously.
VOTED: (4-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Salvie.)
Respectfully submitted,
Maureen Trunfio
Administrative Assistant to the Board of Selectmen
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