Minutes
Stow Board of Selectmen
September 8, 2015
Town Building
Present at the meeting that was held at Town Building were Donald Hawkes, Brian Burke, 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 7:00 p.m.
Public Input: Resident Lew Halprin spoke in support of The Collings Foundation and said that he was concerned about the recent negativity aimed at the Foundation. He also mentioned that the lack of hearing devices made available at Board meetings is a problem that must be addressed.
Chairman’s Comments: None
Meeting Minutes
Mr. Ryan moved to accept the meeting minutes of August 25, 2015 as amended. Mr. Salvie seconded the motion and it was passed unanimously.
Presentation of Mass. House of Representatives Resolution in recognition of the Stow Minutemen
State Representative Kate Hogan was present at this meeting to recognize the 50th Anniversary of the Stow Minutemen. She presented current Captain Bob Stokes and former Captain Don Rising with Certificates of Honor.
Green Communities update: Energy Reduction Plan and Fuel Efficient Vehicle Policy
George Peterman was present on behalf of the Stow Energy Working Group. He presented an update of the group’s work regarding the Commonwealth’s Green Communities Grant. He updated the Board on plans for the Town’s Energy Reduction Plan and progress on the Town’s Fuel Efficient Vehicle policy.
Upon successful application to the Grant, the Town would receive $134,000 and will be eligible for future competitive grant awards. Upon successful implementation of planned energy reduction measures, the Town would reduce its costs of energy by approximately $44,000 per year as compared to baseline.
The Selectmen were in full support of the Energy Working Group’s efforts.
Mr. Burke moved that the Board of Selectmen adopt on behalf of the Town of Stow Massachusetts the Energy Baseline and 20% Energy Reduction Plan developed in compliance with Criterion #3 of the Massachusetts Green Communities grant application requirement materially and substantially as presented by the Green Communities advisory group. Mr. Salvie seconded the motion and it was passed unanimously.
Mr. Burke moved that the Board of Selectmen adopt on behalf of the Town of Stow Massachusetts the Fuel Efficient Vehicle Purchase and Anti Idling Policy developed in compliance with Criterion #4 of the Massachusetts Green Communities grant application requirement as presented by the Green Communities advisory group. Mr. Salvie seconded the motion and it was passed unanimously.
SpringFest Organizer Appreciation Tribute
Karen Kelleher, Debbie Woods and Rachel Belanger were invited by the Selectmen so that they could be properly thanked and honored by the Board for their many years of service in planning and running the Town’s annual SpringFest.
Mr. Hawkes used the opportunity to remind the public that there is a need for a new group of volunteers to step forward in order to ensure SpringFest will continue. He added that Mrs. Kelleher, Ms. Wood and Ms. Belanger are willing to assist and train new recruits.
Mr. Salvie moved to recognize the service of Karen Kelleher, Deborah Woods, and Rachel Belanger as Stow SpringFest organizers and to sign certificates acknowledging their dedication and service to the Town. Mr. Burke seconded the motion and it was passed unanimously.
Public Hearing - Draft Earth Removal Bylaw
At 7:45 p.m. Mr. Hawkes opened the public hearing regarding the Draft Earth Removal Bylaw. Drafters of the revised bylaw, Kathy Sferra of the Conservation Department and Karen Kelleher and Jesse Steadman of the Planning Department, were present to explain changes. They explained that it will remain a General Bylaw and the Board of Selectmen will remain as the permit granting authority unless Special Permits, Sub division and site plan approval are required, in which case the Planning Board will oversee and issue the license.
The updated bylaw provides clarifications in process and definition of what types of Earth Removal operations are applicable to regulation in Stow. A prominent exemption in the bylaw allows earth to be removed as part of a lawful use in which a subdivision plan, special permit or site plan approval necessitates the removal.
Comments from the public included questions about the fact that there are lawsuits pending at the present time regarding earth removal and concern that the revised bylaw would be in conflict, moving earth from parcel to parcel if a property owner owned a large tract of land. Questions from the Selectmen included whether present gravel operations in Town would be addressed and what penalties there would be for offenses.
At 8:40 p.m. Mr. Salvie moved to close the Earth Removal Bylaw public hearing. Mr. Burke seconded the motion and it was passed unanimously.
Public Hearing - Draft Noise Bylaw
At 8:42 p.m. Mr. Hawkes opened the public hearing regarding the Draft Noise Bylaw. Building Commissioner Craig Martin, drafter of the revised bylaw, was present to explain changes. He stated that Noise is currently under Zoning Bylaws but proposed to reclassify it as a General Bylaw. He added that this version of the bylaw is based on Massachusetts Department of Environmental Protection (DEP) noise policy. Exceptions were noted, such as emergency situations and boating on Lake Boon. He discussed enforcement proposed in this version of the Bylaw.
Questions from the public revolved around the definitions of ambient noise,”“episodic event,” and the question of whether the bylaw would be enforceable.
The Board reminded the public that the Noise Bylaw would appear again at Special Town Meeting on November 16, 2015. Mr. Hawkes mentioned that public comment regarding this topic would continue to be received by the Selectmen’s office if anyone would like to comment further.
Mr. Burke moved to close the Noise Bylaw public hearing. Mr. Salvie seconded the motion and it was passed unanimously.
Permit for ALS Positive Spin Bike Ride
This is a familiar event to Stow Public Safety officials, and they have given their approval for this event. The Selectmen were made aware that a certificate of insurance had been received by the Selectmen’s Office. The ride will take place on Sunday, September 27, 2015.
Mr. Salvie moved to approve the use of Town public ways for the 2015 Positive Spin for ALS bike ride on Sunday, September 27, 2015. Mr. Ryan seconded the motion and it was passed unanimously.
Entertainment License for Collings Foundation Columbus Day Weekend event
Taking into consideration the recent finding by the Stow Planning Board regarding The Collings Foundation and Town Counsel’s reading of the statutes regarding Entertainment Licenses, it was determined that The Collings Foundation would require an entertainment license in order to operate its Columbus Day weekend WWII reenactment event. As prescribed by Massachusetts General Law, the Board of Selectmen is the granting authority for the town’s entertainment licenses. The Selectmen’s Office reached out to The Collings Foundation in early September and informed them that they would be required to submit an application for an entertainment license for the annual October event.
To date, no application from The Collings Foundation has been received by the Board of Selectmen. They received a legal opinion from Town Counsel in the form of a memo dated September 8, 2015.
Mr. Robert Collings, Sr. and Mr. Robert Collings, Jr. were present and discussed the issue with the Selectmen. It was explained that the Selectmen would be expecting an application from The Collings Foundation. Mr. Wrigley relayed the offer made by Town Counsel to meet with the Collings Foundation’s attorneys to discuss the event, if they did not intend to submit an application for an entertainment license.
Mr. Ryan said that he was not comfortable proceeding with litigation before the Board can meet again to discuss this further. He said he would be happy to see the Town reach out to The Collings Foundation before the event. But he would like to have conversations discussing who else in town will be required to apply for entertainment licenses.
Although it was not a public hearing, several residents in attendance expressed their concern for the possibility of the event taking place. The Board has no legal authority to force the Collings Foundation to file a permit, only to fine the organization if an event takes places without a permit or discussion with town officials before an event takes place.
Mr. Salvie made a motion to authorize seeking injunctive relief as recommended by Town Counsel, and pursue a conversation in an attempt to avoid that by seeing if there are licensable terms that can be brought back to this Board and avoid litigation. Mr. Ryan seconded the motion.
Discussion ensued. Mr. Burke stated that he was not comfortable giving attorneys such wide-ranging authority. Mr. Hawkes replied that he assumed that Mr. Wrigley would most likely be involved in discussions with Town Counsel and said he would trust Mr. Wrigley’s cautious use of funds. Mr. Burke voiced his confidence in the Town Administrator, but said this is a non-delegable duty. Mr. Salvie clarified his intent of the motion by saying the motion states that the Selectmen “authorize Town Administrator and Town Counsel to pursue injunctive relief.” He added that the Selectmen have done this sort of delegation many times in the past and that the Board, in fact, does not draft complaints, file complaints, etc., and leaves those duties for Town Counsel. Mr. Burke said he doesn’t
believe it is appropriate to delegate the duty.
The Chair called the question and the motion failed 2:3. Mr. Salvie and Mr. Hawkes Yea. Mr. Ryan, Mr. Burke and Mr. Kern Nay.
Mr. Burke moved to authorize the Town Administrator and Town Counsel to approach The Collings Foundation and/or its Counsel to see if this matter can be resolved, and to see if an application can be submitted to this Board before the event takes place. Mr. Ryan seconded the motion and it was passed unanimously.
Mr. Wrigley left the meeting at 10:40 p.m.
Liaison reports
Mr. Burke reported that Bob Glorioso mentioned that Stow TV will be visiting the Selectmen’s meeting in the near future.
With regard to the proposed Randall Library project, Mr. Salvie and Mr. Burke have recommended that Library officials coordinate with the Town Administrator, who serves as the Town’s Chief Procurement Officer.
Mr. Salvie reported that the Pompo Building Committee would meet on September 10th on site for a walk through and then meet back at Town Building to discuss a few Change Orders relating to the project. He also reported that the Stow Municipal Affordable Housing Trust (SMAHT) met to discuss funding for the Elm Ridge property.
Mr. Ryan reported that Public Safety has been doing their annual review of the details of its emergency plan for apple picking season.
Mr. Kern had nothing to report.
Mr. Hawkes mentioned that the Selectmen are not scheduled to meet again until October 13, 2015.
Mr. Salvie made a motion to adjourn the meeting at 11:00 PM. 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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