Minutes
Stow Board of Selectmen
June 9, 2015
Town Building
Present at the meeting that was held at 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. Hawkes called the meeting to order at 7 p.m.
Public Input: None
Chairman’s Comments: Mr. Hawkes announced that the Annual Beach Clean Up at Lake Boon would take place on Saturday, June 13th from 9 a.m.-1 p.m. He announced that the Town Clerk would be holding a yard sale at the Pompo School on Saturday, June 13 from 8-10 a.m. for the disposal of surplus equipment and furniture. Mr. Hawkes said that the Community Preservation Commission (CPC) would be holding a public forum at Town Building on June 22nd seeking input on the Community Preservation Plan. CPC is requesting input from citizens and noted that if you cannot attend, you may submit a letter to
the CPC with your suggestions.
Meeting minutes
Mr. Ryan moved to accept the meeting minutes of May 26, 2015 as drafted. Mr. Salvie seconded the motion and it was passed unanimously.
Certificate of Appreciation for Jack Wallace
The Board of Selectmen summarized the impressive 30-year career of Jack Wallace as Stow’s Health Agent. Mr. Wallace will be retiring on June 19th. He was presented with a Certificate of Appreciation.
Mr. Ryan moved to approve and sign the Certificate of Appreciation for retiring Health Agent Jack Wallace. Mr. Salvie seconded the motion and it was passed unanimously.
Joint Boards Meeting-Chapter 61 Minute Man Realty Property
The Board invited members of the Study/Evaluation Group (SEG) and all relevant municipal boards and committees to attend this meeting and share their findings regarding the Notice of Intent to sell property which was received by the Selectmen’s Office on April 30, 2015. The property owner, Don McPherson and his attorney Alex Parra were present.
The Study/Evaluation Group received input in accordance with Chapter 61 Guidelines. Town Planner Karen Kelleher was present and summarized the group’s findings for the Selectmen. She stated that there was no interest from any board or committee in purchasing the land at 305 Boxboro Road presented by Minute Man Realty Group. The Chair called for any comments or questions from the Board and then from the audience. There was no objection to the SEG’s finding that the Town should waive its right of first refusal and allow the property to be sold by Minute Man Realty Group to Toll Bros. Inc.
Pursuant to MGL Chapter 61B, section 14, Mr. Ryan moved that the Board decline to exercise its option to purchase, or to assign its option to purchase, property located at on Boxboro Road and owned by Minute Man Realty Corp., as described in the Notice of Intent to Sell dated April 30, 2015, and to send written notice to the land owner. Mr. Salvie seconded the motion and it was passed unanimously.
Mrs. Kelleher notarized the document.
Planning Board Update on 323 Great Road
Mrs. Kelleher reminded to the Selectmen that the Planning Board had send out a request for proposals from Town departments, committees and boards. The two proposals that are now being considered are a semi-planned park with conservation land with a potential well site, proposed by the Conservation Department and affordable housing units proposed by Stow Municipal Affordable Housing Trust (SMAHT). SMAHT housing units are limited by the amount of wetlands on the property. They are looking at a possibility of 2-6 units on the property if their plan, or some version of it, is accepted. There was some discussion whether land purchased with Community Preservation funds is allowable for building affordable housing. Mr. Kern asked whether selling the parcel had been considered. Mrs. Kelleher said that all options are possible, but stressed that the
location of the property in the center of Town might be considered a valuable asset in the future. Mr. Burke advised the public that a group of University of Massachusetts (UMass) students did a study of the property and it can be accessed via the Planning Board’s page on the Town’s website. The Board and Town Planner concluded that they would like to invite the appropriate committees or boards to present their final proposals to them, possibly in the fall of 2015. At that time, the public could be informed of the presentations and attend the meeting as well.
Report on Nashoba Regional High School Space Study Task Force and
Update on Nashoba Regional School District
Stow representatives of the NRSD School Committee Mark Jones and Nicole Odekirk were present, along with former School Committee member Maureen Busch. Mr. Jones had submitted 3 reports to the Selectmen before the meeting: A NRHS Space Needs Task Force Interim Report accepted by the NRHS Space Needs Task Force on March 5, 2015, a NRHS Space Needs Task Force Interim Report #2 dated April 30, 2015 and NRHS Space Needs Task Force Report to School Committee dated June 3, 2015. (These are on file in the Selectmen’s Office.) Mr. Jones explained that the issue of lack of space at the High School relates fairly significantly to the direction of programs, namely that the direction of programs will need to be better defined in the near future. Within the past five years, the change in requirements for Special Education has influenced space at the
school. Additionally the number of students wanting to take Advanced Placement (AP) classes, especially in the field of science, has demonstrated pronounced lack of space. School Committee members assured the Selectmen that all creative solutions have been utilized, but that the scheduling of classrooms has been pushed to its limits. The Selectmen asked whether the portable classroom that Stow has donated to the school system has been figured in when plotting strategy for finding solutions for the lack of space. Mr. Jones answered that the Superintendent has funds to have it moved into place at the high school over the summer and it will be utilized to add one additional classroom. The other item that was noted was the newly instituted policy of stopping the School Choice program. This, over time, will decrease the number of students per class. School Choice students currently amount to 10% of the student population. The Selectmen asked whether the School Committee believed that
the report Mr. Jones referred to would, ultimately, result in a large building project at the high school. Mr. Jones stated that the estimation at the present time was that 6-8 additional classrooms would be sufficient to alleviate overcrowding. The question was raised whether the new classrooms would require additional staff and Mr. Jones said that It most likely would. Mr. Kern suggested that the District consider attempting to do things better in the space that is currently available. Mr. Burke questioned whether additional programs are the cause for the need for additional classrooms or if the problem is population related. Mr. Jones replied that the population the prior year was 900 and it escalated to 1,085 this year. Based on news reports regarding the growth of suburbs, the assumption is that homes that sell in Stow, for example, will be inhabited by families with children.
Mr. Jones announced that the Space Task Force will be working through the summer. There is a possibility that a Statement of Intent will be filed in the fall of 2015 with MSBC. More information regarding the Space Task Force can be located by accessing the NRSD website and using the link in the left column.
As part of the accreditation process, the New England Secondary School and College Association visited Nashoba High School for eight days and space issues appeared to be an issue that kept re-appearing during their visit. A full report is due as a result of that visit at some point in the fall.
Nicole Odekirk reported that Stow has three very large classes in the elementary and middle schools that will soon be moving up to the high school. Ms. Odekirk serves on the NRSD School Budget Subcommittee which will become more active now that there has been some interest by Tri-Town and others regarding an effort to take a more in-depth look at the budget and budget process as the FY 2017 approaches. Ms. Odekirk is now Vice Chair to the School Committee and Lorraine Romasco of Bolton will serve as Chair. There is the possibility that a committee will be established to discuss student learning as well as programs and curriculum.
Mr. Kern asked for a report regarding the Other Post-Employment Benefits (OPEB) funding. Mr. Jones said that every municipality has an obligation to pay health insurance for retiring employees, and that most municipalities have been operating on a “pay-as-you-go” plan. This method does not look promising as towns look to the future. Many municipalities are struggling with the question of how to fund their OPEB accounts. The cost, at present, to fund all teachers plus retirees is $2-2.3.3 M per year. The District is currently only funding the $7M for retired employees. The District has incurred a $40M liability for health insurance costs. The prior budgets are deficit budget. Mr. Kern asked for clarification if our District has been putting funds into an OPEB account. Mr. Jones replied that they had once put a sum of $150K
into a new account, but has not done so in many years. He added that is worrisome and must be funded on an annual basis.
Most municipalities are attempting to fund OPEB on an annual basis. Stow has committed to putting a sum of $50K each year into an OPEB fund they’ve established. If approved at Town Meeting tonight, Bolton will put in $130K, and Lancaster recently put more than $1M into their fund when they sold a cell tower in town.
Mr. Salvie added that the Accounting Standards Board now requires municipalities to carry this liability on their balance sheet and it is considered a liability and will affect bonding. Mr. Jones mentioned that the District faces an actuary audit every three years, and 2015 is the year it will occur.
Mr. Ryan thanked Maureen Busch for her many years of service on the School Committee.
Ride to End Alzheimer’s Bike Ride
The Alzheimer’s Association will be sponsoring the 19th annual Ride to End Alzheimer’s on Saturday July 18, 2015. A portion of the route will travel through Stow. Public safety officials have reviewed the route and details for this ride, and have approved the application. A Certificate of Insurance has been received and is on file in the Selectmen’s office.
Mr. Ryan moved to approve the use of Town public ways for the Ride to End Alzheimer’s bike ride through Stow on Saturday, July 18, 2015. Mr. Salvie seconded the motion and it was passed unanimously.
Town Administrator’s Report
Mr. Wrigley reported that the Zoning Board of Appeals held a public hearing on June 1, 2105 to address the application from Mr. Collings appealing the Zoning Agent/Building Commissioner’s March 26, 2015 cease and desist order. Town Counsel opined that pursuant to GL c.40A, s.15 the 30-day appeal period on the cease and desist order issued March 26, 2015 expired on April 27, 2015. Mr. Collings’ appeal was filed on May 5, 2015, and the ZBA was deprived jurisdiction to hear the appeal. He added that he learned that two more appeals were filed by Mr. Collings this afternoon.
Mr. Wrigley told the Board that late last week the Town received notice from Superior Court Justice Kimberly Budd that Mr. Collings’ request for a preliminary injunction has been denied.
Mr. Wrigley added that last Thursday, the Planning Board closed its hearing on the Collings’ proposed museum construction project. They will now deliberate on the Collings project.
Mr. Wrigley told the Board that he was able to execute the settlement agreement regarding Center School with Western Surety today. The settlement, which related to problematic sidewalk construction, amounted to $225K. Mr. Wrigley had discussed the Settlement with the Board previously and all agreed to the sum.
Regarding the Pompo building project, Mr. Wrigley said that he had advised architect Kaffee Kang to move forward with contract documents, etc. He said, however, that he was not comfortable with issuing a Notice to Proceed, due to the fact that there is a possibility that a bid protest might occur. On May 15, 2015 Mr. Wrigley mailed notice to the low bidder on the project that they were not being considered for the job and why. He added that shortly after that, there was a request for all public records relating to the project from the low bidder. Those documents were sent to that bidder.
Attorney Chris Petrini advised the Town that there is no time bar on the bid process, but had called the Attorney General’s office and determined that there actually is a two-week period that the entity should wait. We will proceed after that two-week period.
Mr. Salvie reported that the new well had been installed and is working satisfactorily.
Mr. Wrigley left the meeting at 9:40 p.m.
Liaison Reports
Mr. Kern had nothing to report.
Mr. Ryan had nothing to report.
Mr. Burke reported that the Community Preservation Commission (CPC) will be holding a public forum on the Town’s Annual CPA Report that should is prepared annually on June 22. He said that interested citizens should appear at the meeting or submit letters or email with suggestions. Mr. Burke added that Mike Kopczynski from Stow Municipal Affordable Housing Trust (SMAHT) was present at the CPC meeting and informed them of a property that might go into foreclosure and that it might provide a suitable property for low-income housing. There was some discussion of a possible change to the current deed restrictions from a limit of 50 years to “in perpetuity” in exchange for a cash sum.
Lower Village Cemetery will be surveyed with ground radar at 11 am on Thursday, June 11th.
Mr. Hawkes announced that herbicidal treatments have begun on Lake Boon in an effort to control weeds in the Lake. He added that Planning Board has held a hearing to determine whether the former Stowaway Inn on Great Road may operate a cafe on the ground floor of the house and gift shop in the barn. These changes were put forth by new owners and require a special permit to allow its operation in a residential district. The upper two floors will become a residence. Mr. Hawkes, as liaison to Planning Board, will attend the hearing to support the efforts of this small business owner.
Mr. Salvie had nothing to report.
At 8:54 p.m. Mr. Ryan made a motion to adjourn. Mr. Salvie seconded the motion and it was passed unanimously.
Respectfully submitted,
Maureen Trunfio
Administrative Assistant to the Board of Selectmen
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