July 23, 2002
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Chair Allen Garf and Selectman Walter Joe Roach and Town Administrator Benjamin E. Puritz
The meeting was called to order at 7:35 P.M.
Minutes
VOTED: (Roach/Garf) Voted unanimously to approve the Minutes of July 9, 2002, including Executive Sessions for July 9 and July 2, as submitted.
Anniversary Award - Bryant R. Simpson
As Firefighter Simpson was not available, this will be rescheduled for the next Selectmen’s Meeting.
Interviews - Conservation Commission
The Board interviewed Peg Arguimbau and Janet Dunlop for reappointment to the Conservation Commission. The Board also interviewed Stephen Glicken as a candidate for a new appointment.
Interviews - Constable
The Board interviewed Daniel P. Sirkin and Leonard Segal for reappointment as Constable.
Anniversary Award - Elizabeth A. Siemiatkaska
The Board congratulated Ms. Siemiatkaska for 15 years of loyal service in the Treasury Department.
It was the suggestion of Selectman Roach that Anniversary Awards be presented at a special ceremony during Employee Day.
Amendment to Selectmen’s Policy Number Two - Committee Appointments
Alice Cheyer was present and requested that the Board consider a number of language changes to this policy. Ms. Cheyer read her list of suggestions. It was the consensus of the Board to consider moving language contained in Section IV. to Section III. as follows:
As a general statement and underlying principle, people invited to serve the town by becoming members of its important non-elected committees, boards and commissions should:
Be people of competence, good will and sound, objective judgment;
Be drawn from new and long-time residents alike;
Be truly interested in the welfare of Sharon and all its residents;
Be sensitive to the long-term as well as immediate impact of their decisions and recommendations; and,
Be willing and able to devote the time and energy necessary to fulfill their responsibilities.
It should be noted that “experience,” while desirable, is NOT a requirement. The Selectmen would like to encourage people who have not come forward before to let their interests be know.
The Board will consider the adoption of this Policy Amendment at its next meeting. Ms. Cheyer thanked the Board for considering her suggestions and asked if she could make additional suggestions in the future. The Board stated that they have an “open door” policy.
Request for Banners
VOTED: (Roach/Garf) Voted unanimously to approve a banner for Temple Israel Brotherhood from November 29 - December 9, 2002, in the Second Position.
VOTED: (Roach/Garf) Voted unanimously to approve a banner for Sharon Teen Center from September 16 - September 23, 2002.
VOTED: (Roach/Garf) Voted unanimously to approve a banner for Temple Sinai from January 13 - January 20, 2003.
Request for Closing of Street - Block Party
The Board reviewed a request from Janina Horan to block off Grove and Lake Avenues for a neighborhood block party.
VOTED: (Roach/Garf) Voted unanimously to approve the request to block off Grove and Lake Avenues on September 1, 2002, subject to the conditions of the Police and Fire Departments.
County Survey of Lakeview Street
The Board reviewed Memorandum from Peter O’Cain, Assistant Town Engineer, dated July 9, 2002, requesting that the Board sign the request to have the Norfolk County Land Surveyors conduct a survey of Lakeview Street.
The work will be performed at no cost to the Town and is being requested in order to initiate design work for a sidewalk on Lakeview Street.
VOTED: (Roach/Garf) Voted unanimously to sign the request from the Town to Norfolk County Land Surveyors to conduct a survey of Lakeview Street from East Foxboro Street to Massapoag Avenue.
Board of Selectmen’s Goals - Status Report
This item will be deferred until a full board is present.
Utility Pole Anchor License - Cottage Street School
No action was taken on this item at the advise of Peter O’Cain, Assistant Town Engineer, who states that there will be no need to move poles or place anchors at this location.
Vacancy on the Library Board of Trustees
The Board reviewed letter from Abigail Marsters, Chair, Library Board of Trustees, dated July 16, 2002 stating that there is an opening on the Library Board of Trustees due to a resignation, and requested that the Board help with the search for a suitable candidate. The Board and the Library Board of Trustees will meet jointly to make an appointment to fill out the unexpired term until the next election.
Resignation of Davis Hamer, Zoning Board of Appeals
The Board accepted the resignation of Zoning Board Member Davis Hamer with regret and best wishes.
Appointment to Metropolitan Area Planning Council
The Board received notice, dated July 16, 2002 that Sharon’s representative to the Council has expired. George Bailey will be called and the Town will reappoint him if he agrees to continue to serve.
New Goal - Senior Citizen Tax Relief
Chair Garf reviewed the new goal as added to the Board’s list to seek tax relief for Senior citizens as follows:
11. New - Senior Citizen Tax Relief
Status: in process of setting up task force, following-up with legislators and other communities and generally collecting information to address this issues, provide options/alternatives, etc.
Items to be considered and/or pursued include:
Increasing dollar threshold for exemption or assistance eligibility.
Expanding number of state/federal assisted housing units.
Increase property tax work-off amount (now $500) and placement opportunities/assignments.
Review Tax deferrals and abatements.
Investigate so called “head tax.”
Ed Keenan’s Suggestions
Mr. Keenan was not present to discuss his suggestions with the Board. The Board reviewed Mr. Keenan’s correspondence of June 18, 2002, items discussed included:
1. Need to advertise Non-Emergency numbers for Police and Fire Department.
Ben Puritz apprised the Board of existing magnets, sponges, etc., distributed by the Police and Firefighters. The Board suggested that the Patrolman’s Association and the Firefighter’s Association be asked to expand their efforts to distribute the non-emergency phone numbers.
2. Keep Record of Contractor Complaints
The DPW presently maintains a list of contractors (without complaints) that is available to the public. There is a log of complaints, but it is not made available to the public. The Board suggested that if there would be liability issues in releasing this log to the public. It was suggested that residents could contact the Division of Professional Licenses which keep a record of all licensed contractors.
3. Banning of Cell Phone Use while Driving
It was suggested that Chief Bernstein offer his opinion on this matter.
4. Increase Inter-Committee Meetings
Ben Puritz apprised the Board of the number of meetings that are routinely held each year during the Priority process and multiple meetings with the Selectmen and the Finance Committee as well as recent and ongoing meetings between the School Committee to discuss collective bargaining strategies. Other meetings are scheduled for the chairs of Committees to meet with each other.
Liquor License Violation Hearing - DA?! Restaurant
Chair Garf announced the Liquor License Violation Hearing was open at 8:45 P.M. The purpose of the hearing was both the Violation of Massachusetts Laws, Chapter 138, Section 12 and the Town of Sharon Rules and Regulations Applicable to the Sale of Alcoholic Beverages in Restaurants, Liquor License Section II. 5:
The sale or service of alcoholic beverages is prohibited in any location not expressly approved by the Board of Selectmen and no change of such area or location shall be made without the prior written approval of the Board of Selectmen.
The Board reviewed a Police Report of an incident that occurred on 6/28/02 at DA’s Restaurant at 384 South Main St., stating that adults holding wine glasses were found by the Sharon Police Department outside of Restaurant and that the Police informed Mr. Werner that this was a violation of the liquor laws and to keep his customers inside his restaurant when they are drinking. Mr. Werner informed the Police Officer that he did not realize customers had drinks outside.
Mr. Werner was present and made statements to the effect that:
a woman found by the Police consuming wine with a group of others holding glasses outside of the restaurant was during a private party with an extended dinner and without his knowledge;
the incident occurred because air conditioning was not working properly on a hot day and customers decided on their own and without his being aware to step outside with glasses in hand;
that as manager of the liquor license he takes full responsibility;
that this has never happened before and will not happen again;
he has knowledge of the rules and regulations pertaining to alcoholic beverages; and,
training has taken place so that the staff will be guarding the door during parties so that no customer will leave the premises holding any glass in hand.
VOTED: (Katz/Roach) Voted unanimously to give a Letter of Reprimand and a Warning to Mr. Werner stating that other violations of the Rules and Regulations Applicable to the Sale of Alcoholic Beverages in Restaurants at DA?! Restaurant will result in suspension or revocation of the liquor license for an indeterminate period of time.
Chair Garf declared this hearing closed at 9:05 P.M.
Tree Hearing - Eisenhower Drive
A Tree Hearing was held at the request of James Freedman, 31 Eisenhower Drive. Chair Garf called the Hearing Open at 9:07 P.M. Present was Mr. Freedman, Eric R. Hooper, Superintendent of Public Works, Charles Heinberg, 30 Eisenhower Drive and the owner of the property Bob Stein.
Eric Hooper stated that Mr. Stein wants to remove trees from a cul-de-sac near 31 Eisenhower Drive and that there had been a Tree Hearing by Kevin Weber the Tree Warden. Mr. Hooper stated that Mr. Freedman’s objection to Kevin’s recommendation brought the Tree Hearing to the Board for its decision. Mr. Hooper stated that as this development is in litigation and that his recommendation is to wait until the litigation is resolved before making a decision as to the removal of the subject (eight) trees. Mr. Hooper further discussed the main contention that there are two access roads available to Mr. Stein and that Mr. Freedman wants to preserve his trees by directing Mr. Stein to use an access off Williams Road rather than Eisenhower Drive.
The Board reviewed a Memo from Kevin Weber that states that:
As the Tree Warden, my major concern is the removal of any trees within the town right of way. During the normal course of events when a contractor requests the removal of town trees for any future work, the town requires replacement of trees removed, or a dollar amount to be used for tree planting at the town's discretion.
Mr. Stein is willing replace any and all trees removed, with the same or better trees depending on the town's requests.
As long as all other permit requirements are met, I do not have opposition to the removal of the white pines and arborvitaes, at the end of Eisenhower Drive.
Mr. Stein discussed the background to the litigation where approvals by the Planning Board to proposed subdivisions have been litigated by Mr. Freedman and Mr. Heinberg. Mr. Stein stated that he has been the owner of this property for 27 years, that the law suits are frivolous and that he or his heirs will eventually prevail and he will develop this property.
Mr. Stein stated he should have the right to enter his property through Eisenhower Drive for the purpose of removing large boulders from this area and restoring his property line. Mr. Stein stated that access through Williams Road, classified as an emergency access, would be less safe and more expensive.
Mr. Freedman and Mr. Heinberg stated that trees on the cul-de-sac were planted by them with no cost to the Town as part of the beautify cul-de-sacs program. Other issues raised regarding removing trees included:
open access by neighborhood children to pond;
rain water problem if berm at end of Eisenhower Drive is removed; and
electrical easement and possible damages related thereto.
Mr. Hooper agreed with Mr. Stein that more big trees would need to be cut to open the access at Williams Road.
It was the consensus of the Board to take the matter under advisement and to plan to make a site visit to this area before making any decisions.
Chair Garf declared the Hearing closed at 10:15 P.M.
Executive Session
VOTED: (Roach/Garf) Voted unanimously to enter into Executive Session for the purpose of discussing matters of Collective Bargaining and Pending Litigation and at the conclusion thereof to adjourn for the evening.
The Board adjourned to Executive Session at 10:17 P.M.
| 
