Minutes
Stow Board of Selectmen
April 14, 2015
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, State Senator Jamie Eldridge and State Representative Kate Hogan.
Mr. Kern called the meeting to order at 7:00 p.m.
Public Input: None
Chairman’s Comments: The Chair announced that tomorrow, April 15th, would be the last day to register dogs without a late fee being applied. He announced the League of Women Voters will be hosting Candidates Night at Town Building on April 27th at 7:30 p.m. He announced that the SpringFest Committee is in desperate need of volunteers on May 16th for the event. Additionally, new organizers of the event will be needed in the near future. Anyone interested in helping, either this year or in the future, should contact Karen Kelleher in the Planning Department.
Stretch Code Presentation
Jim Barry, Regional Coordinator of Green Communities, Arnie Epstein of the Energy Working Group and Craig Martin, Building Inspector, attended this meeting to offer a presentation regarding the Energy/Building Stretch Code. This item will be an article on the Annual Town Meeting warrant. If it passes at Town Meeting, the Town will be eligible to apply for Green Community status and, if approved, will receive a $134,000 grant from the State.
The Selectmen understood that the Stretch Code is not actually “a stretch” any longer and, for the most part, follows current requirements of the building code. Resident Margie Lynch of Boxoro Road said her home was built under the current code and that she is a huge supporter of efficiency improvements. Resident Steve Mong asked whether a do-it-yourself builder would be able to achieve the requirements of building under the Stretch Code. Mr. Martin assured him he could. Builder Edmund Green was present and said that he supported the Stretch Code and that it did not raise costs of the most projects, with the exception of the requirement for an efficiency expert to come and inspect/test the building and make improvement suggestions. He said the suggested changes would easily make up for the cost of the consultant, which is usually
around $750.
Stow Conservation Trust Run for the Woods
The Selectmen’s Office received a request on March 3, 2015 from Aims Coney on behalf of the Stow Conservation Trust to hold its annual Run for the Woods on May 17, 2015. This has been reviewed and approved by public safety, and SCT has provided the Certificates of Insurance.
Mr. Ryan moved to approve the use of public ways by the Stow Conservation Trust for the purpose of the Trust’s annual Run for the Woods on Sunday, May 17, as described in Aims Coney’s March 3, 2015 email. Mr. Salvie seconded the motion and it was passed unanimously.
Discussion of Town Charter 90-day Requirement
On March 10, 2015 Joe Pittorino submitted a petition with 10 signatures to the Board of Selectmen’s Office in order to request that the Selectmen consider adding two articles to the 2015 ATM warrant.
Mr. Pittorino’s articles were submitted 56 days before Annual Town Meeting and before the warrant had closed. There is a requirement, however, in the Town Charter that states that articles must be submitted 90 days prior to Annual Town Meeting in order to be considered.
Planning Board member Ernie Dodd was present at this meeting and told the Selectmen that on April 8, 2015 Planning Board held a hearing regarding the re-zone and Pittorino did not appear. The Planning Board voted to recommend against the re-zone.
Mr. Pittorino was present and said that he had submitted the paperwork before the warrant closed and no one told him anything about a 90-day rule.
The Selectmen decided that since the warrant was being re-opened this evening to add additional town articles, they would accept Mr. Pittorino’s articles. Mr. Ryan mentioned that if Mr. Pittorino was made to wait for a Special Town Meeting, he would need to submit 200 signatures. Mr. Burke explained that although there might have been some miscommunication, it is the submitter’s responsibility to familiarize himself with the Town’s requirements.
Mr. Hawkes moved that the Board of Selectmen waive the requirement stated in section 2-7 C of the Stow Charter that petitions found and certified by the registrar of voters to be sufficient, be received 90 or more days prior to the date fixed for Annual Town Meeting, so that a petition from Joe Pittorino of Wedgewood Pines Country Club may be considered for inclusion in the May 2015 Annual Town Meeting warrant.
Further, I move that the citizens’ petition submitted by Joe Pittorino of Wedgewood Pines Country Club, 215 Harvard Road, be included in the May 2015 Annual Town Meeting warrant. Mr. Ryan seconded the motion and it was passed unanimously.
Re-open and re-close May 4, 2015 Warrant
The Selectmen agreed to re-open and re-close the warrant to accept articles from town departments, so that they could be included in the May 4, 2015 Annual Town Meeting Warrant.
Mr. Hawkes moved to re-open the warrant for the May 4, 2015 Annual Town Meeting, dated April 14, 2015. Mr. Salvie seconded the motion and it was passed unanimously.
The following are the three items that would need to be added to the warrant. A final assessment number had been received from the NRSD and needed to be included in the warrant. Mr. Wrigley was recently presented with unexpected assessments for one student who is currently attending the Assabet Valley Vocational School, and would like to place an article in the warrant in order to pay this expense. The Town made a decision to sign on with the Nashoba Associated Board of Health in order to cover duties handled by current Town Health Agent Jack Wallace who will be retiring in June.
Mr. Salvie moved to add Articles 4, 41 & 48 as set forth by the Town Administrator to the 2015 Annual Town Meeting warrant. Mr. Burke seconded the motion and it was passed unanimously.
For discussion purposes, Mr. Salvie moved include and recommend the NRSD line item, reflected in current version of warrant, in the Fiscal Year 2016 budget, be removed in the ATM FY16 budget. Mr. Ryan seconded the motion and it was passed. 4:1 (yea-Mr. Kern, Mr. Salvie, Mr. Burke, Mr. Ryan. nay-Mr. Hawkes)
Mr. Hawkes opened discussion on the issue of supporting the number issued by NRSD for Stow’s assessment. He mentioned that the Town of Bolton expressed dissatisfaction with the School Budget process. Although the budget number was reduced and he was happy with that, the only reduction was made by a reduction in the amount of increase by using stored assets. Mr. Ryan agreed to wait until closer to Town Meeting in order to see what other towns have decided to do. Mr. Salvie stated that, taking into consideration the time-frame involved, he would vote to support the assessment.
Mr. Salvie moved to re-close the warrant for the May 4, 2015 Annual Town Meeting, dated April 14, 2015. Mr. Ryan seconded the motion and it was passed unanimously.
Accept the May 4, 2015 Annual Town Meeting warrant
Mr. Hawkes moved to accept the warrant for the May 4, 2015 Annual Town Meeting dated April 14, 2015, with the additions previously moved. Mr. Ryan seconded the motion and it was passed unanimously.
Town Administrator’s Report
Mr. Wrigley informed the Board that Mr. Collings has approached Craig Martin, Building Inspector, regarding the cease & desist that was ordered. Mr. Collings will now determine whether he would like to appeal to the ZBA. Mr. Wrigley suggested that the Selectmen review the court docket from 2004 filed by Mark and Carol Zarrow.
Mr. Burke suggested that the Selectmen consider upcoming litigation and the Board’s role in seeing that litigation is handled appropriately and cost effectively.
Liaison Report
Mr. Ryan mentioned that he had been involved with the search for a Police Patrolman and they have chosen a preferred candidate and he will be recommended to the Board at their next meeting provided he passes the physical.
Mr. Hawkes mentioned that the Collings Foundation had withdrawn their applicationto contruct a museum last year at a Planning Board meeting, but has now reintroduced, as new petition. The new filing is based on the assumption that nearly all traffic will enter through the Hudson access point off Main Street. The filing will require a second review by the Conservation Commission. All approvals from the Town of Hudson have been acquired.
Mr. Hawkes noted that work had begun on the Pine Bluff Recreation Project. The Conservation Commission will be involved with work proposed near the beach in a No Disturb Zone.
Mr. Salvie mentioned that the Fire Station/Community Center Project Committee opened two sets of bids. The well work low bid came in at $23K which was what was estimated. All but one of the subcontractor bids came in under the estimate put forth by Kang Associates. The combined bids came in approximately $400K under budget.
Mr. Burke reported that he attended the CPC meeting and that they would only release a portion of funds for the Pine Bluff Recreation Project. However, most of the structural work for the project will have been completed in time for Camp Stow. The Chair of the Rec. Commission stated that it was the Commission’s strong intent to deliver both ends of project to the Town Of Stow.
Mr. Burke announced that the Council on Aging has been been busy doing great things.
Mr. Burke stated that at a recent Tri-Town Meeting he had discussed the process the school district followed while building the budget this year and members of Tri-Town felt that the process was less than adequate. Tri-Town members believe that if stored assets are expected to support the school budget, as was the case this year, serious problems will become apparent in future years.
Mr. Burke proposed to Tri-town a committee of correspondents, which would act as a working group that would include a minority of Selectmen from each of the three towns,. The Chair recommended Mr. Burke review this idea with an expert on Open Meeting Law.
Executive Session
Mr. Hawkes moved to convene in Executive Session pursuant to MGL Chapter 30A, section 21(a) (3) for the purpose of discussing strategy with respect to litigation, and to adjourn thereafter. Mr. Ryan seconded the motion and It was passed unanimously. Roll call vote: Mr. Ryan, aye, Mr. Hawkes, aye, Mr. Kern, aye, Mr. Salvie, aye and Mr. Burke, aye.
Respectfully submitted,
Maureen Trunfio
Administrative Assistant to the Board of Selectmen
| 
