September 9, 2003
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Chair Norman Katz and Selectmen Walter Joe Roach and David I. Grasfield and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 7:32 P.M.
Minutes
The Minutes of July 29, 2003 and August 4, August 12, August 26 and the reconsideration of the approved Minutes of July 15, 2003 Executive Session minutes in Executive Session have been put on hold at the request of Chair Katz. Chair Katz noted that he did not have time to review the recent revisions to the minutes as made by Selectman Grasfield.
Sheriff Bellotti
Sheriff Bellotti was present to update the Board of the activities of the Norfolk County Sheriff’s Department. Items discussed included:
• Working with the Town of Sharon to implement a program for safety checks for senior citizens called, “Are you OK?”
• Community Service Program using supervised inmates;
• Identity Theft Prevention;
• Leadership Camp for Youths 10 -14 years old.
Sheriff Bellotti further stated that his office is in charge of the county inmates, has 320 employees, programs for transition of inmates back to the community, is involved with local task forces and supports law enforcement.
Announce Office Hours - Senator Brian Joyce
Senator Brian A. Joyce will be holding office hours in the Selectmen’s Meeting rom on Friday September 12th from 11-12 a.m.
Request for Banners
VOTED: (Roach/Grasfield) Voted unanimously to approve a banner for the Teen Center for the dates October 20 - 27, 2003 and to approve a banner for the Sharon Garden Club September 16 - 23, 2003.
Kendall Foundation Vote re 61A
Town Administrator Puritz reported on this item and the vote that was taken in Executive Session on August 26. The Board voted 2 - 0 (Grasfield abstained) to waive the town’s statutory option to purchase the Henry P. Kendall Foundation’s land at 15 Walpole Street, identified as Assessor’s Parcel No. 077037000. This is a nine-acre parcel with status as 61A which grants the Town an option of first refusal.
Wilber School Report - Joel Wolk
Joel Wolk, Chair of the Standing Building Committee was present to give a report on the Wilber School Municipal Building Project. Proponents of the three sectors, Library, Council on Aging, and Town Offices were present. Mr. Wolk reported on the history of the project, including Town Meeting appropriation, selection of STV for design, selection of scheme of schematic design, meetings with users and abutters and final design development. Architect Tim Quick presented an overview of the site plan.
Library Director Kip Roberson reported that this proposal would meet the library’s space needs for a projected 20 years without need for expansion. He stated that there are state grant monies available to reimburse the Town for 40% of library construction costs.
Chair of the Council on Aging, Arnold Kublin stated that the architect has done an outstanding job in identifying and meeting the needs of the seniors. He gave a brief history for a search for a place for the Senior Center in Town, including looking at the Community Center Building, and the defeat of a free-standing building at Deborah Sampson Park by Town Meeting vote. Mr. Kublin said that to site the Senior Center within the Wilber School seems to be in the best interest of the Town. He stated that there is still a need for a place for an adult day care for the frail elderly. He further stated that there could be grant money available that the Town would be eligible to apply for in an amount of $800,000.
Rick Rice represented the proponents for the Town administration offices. He discussed the needs for a modern building, and additional space to accommodate offices, storage and meeting space. He stated that this would be a facility that would serve the entire Town of Sharon and that would also free up the present Town Offices for a new public safety facility. He further stated that this project meets a real need and is part of a vision of what the Town is all about.
Joel Work gave a full budget presentation, including a comparison with the feasibility study estimate and an opportunity for value engineering The Total budget is estimated at $22,479.085 as the final cost. Total construction is estimated at $16,816,500. Mr. Wolk recommended that if the whole project was not going to be recommended for consideration at the annual town meeting, then Phase I should be considered which consists of asbestos abatement, removal of some walls (demolition) and some repairs (i.e., roof drainage system) to secure the building. Mr. Wolk further stated that the Town would need a variance for the parking lot as there would not be the 250 spaces that would be required. A cost estimate of the repair work needed will be prepared. Mr. Wolk
stated that it would be possible to reduce some of the costs. Selectman Grasfield asked how, if the Library construction represented approximately $5M in cost (according to Kip Roberson’s reimbursement statement), and the Senior Center was previously put forward as a stand alone project at $2M, could the Wilber proposal (comprised of these two components plus Town Hall space) come to $23M? Chair Katz stated that he would like the Town to “move forward” on this project.
Former Chair of the Wilber School Reuse Committee Colleen Tuck spoke in favor of this project. She requested that the Town look at a comprehensive construction project schedule for the whole Town, including school projects. She requested that the entire schedule of municipal projects, of which this is meant to be the first laid out in the Long-Range Facilities Planning Study (?), and their costs be shared with town voters if money was going to be sought for this project. She also suggested that other costs factors be presented to Town Meeting including operational costs involved that will need to be funded.
Arnold Kublin stated there is a great need for a senior center, but that there are serious concerns among the elders for property tax relief. He stated that : “the Council on Aging Board has voted not to endorse the Wilber School Project at this time....we cannot afford it.” Mr. Kublin further stated that re the grant of $800,000, it is not a guarantee that we would be eligible.
In answer to the question, Mr. Wolk responded that his Committee is not tasked with determining the financial impact on the taxpayer. Questions were raised about alternatives to this building, including the sale for commercial development. Ms. Tuck responded even if the Town were to sell the building, there would still be the needs (for municipal use).
Selectman Grasfield requested that the comprehensive facilities planning analysis be made available on the website.
Recess
The Board took a five minute recess at 9:00 P.M.
The Board reconvened in regular session at 9:12 P.M.
Sharon Cultural Council
The Board interviewed Georgette Kafka for reappointment to the Sharon Cultural Council. She reported on some of the arts grants approved by the council. She stated that there is a reduction in grant money by the Massachusetts Cultural Council for this year from $6,000 to $2,000.
Zoning Board of Appeals
The Board interviewed John Lee for reappointment to the Zoning Board of Appeals. Mr. Lee is a regular member on this Board (as opposed to an alternate). He brings a background in environmental science to the Zoning Board.
Recreation Advisory Committee
The Board interviewed Jay Bronstein for a reappointment on the Recreation Advisory Committee. Mr. Bronstein outlined his many volunteer activities throughout the Town, including serving as VP (?) on the Sharon Soccer Association, and stated that he wished to continue with his involvement with this Committee.
Disability Commission
The Board interviewed James M. Waters for appointment to the Disability Commission. Mr. Waters is a clinical psychologist and has a special interest in serving people with special needs and in enforcement of the American Disabilities Act.
Surplus State Property - RR Parking
Eric R. Hooper, Superintendent of Public Works was present to discuss State-owned real property located off Deport Street. This property was the former Sharon Auto Body Shop that was taken by the Massachusetts Highway Department in order to provide land for siting of a temporary bypass bridge and staging area. This property is no longer required for highway purposes. The Town would like to acquire this parcel for use for commuter rail parking.
VOTED: (Roach/Grasfield) Voted unanimously to sign the form Response Page to the Notice of Surplus State-owned Real Property Located in the Town of Sharon as checked that:
This office has identified a direct public use for said property. Attached is a proposal summarizing that use.
Salt Contract for FY 2003-2004
The Board reviewed a Memo from Marie E. Cuneo, Business Manager, dated September 9, 2003 recommending that the Board accept two bids:
VOTED: (Roach/Grasfield) Voted unanimously to award the bid for Solar Salt to the low bidder Eastern Minerals, Inc. of Lowell, MA in the amount of $29.90 per ton.
VOTED: (Roach/Grasfield) Voted unanimously to award the bid for rock salt (should Eastern not have solar available) from American Rock Salt of Taunton, MA in the amount of $29.21 per ton.
Board of Assessor’s Supplemental Tax Assessment
Mark Mazur and Richard Gordon were present to discuss a change in the law to require that the Board that a vote to reject Chapter 46§41 and §42 Acts of 2003.
This law would allow the Board of Assessors to change the way it assesses new construction. The Board of Assessor’s recommends that the Town reject this law. In its letter of September 4, 2003 to the Board, it states: “In summary, we believe that this is an unwieldy law that would be unfair to the taxpayers and difficult to administer.” Items discussed included:
• All properties are now assessed based upon their status as of January 1, but this law would create a separate group of properties that would be assessed far differently than everyone else.
• The number of extra bills would be confusing to the taxpayers.
• Tracking, inspecting, estimating the increase in value and billing would be a time-consuming and difficult task.
• For a catastrophic event, the Town would be required to grant abatements that could wipe out the overlay and impact the budget for the following fiscal year.
• Determining whether a property has incurred at least 50 percent in damage as a result of a fire could prove difficult.
Mark Mazur estimated that its possible to generate an extra $30,000 annually, but that the Assessors would need additional staff to administer the program. Ben Puritz stated that there is a time line and that this vote to reject would need to be done before the tax rate is set.
Selectman Grasfield stated that he supports this bill. He asked Mark Mazur how many properties would likely be affected if the town didn’t vote to reject the bill. Mazur answered that it was a “handful.” Grasfield suggested that, since the bill only affected the assessed valuations of homeowners who made the choice to dramatically increase the value of their property by more than 50%, that it was not unfair to collect the full amount due from this limited group. He asked if this group included 40B developments. He also pointed out that, due to the small number affected, it was unlikely to be as much of an administrative challenge as the Assessors seemed to fear. Grasfield pointed out that the bill also contained a provision whereby someone whose property decreased in value by more than 50% due to
natural disaster or fire would benefit by not having to pay the full taxes based on the home’s value before the tragedy. Grasfield also pointed out that in a recent conversation with Mark Mazur last year at a Finance Committee meeting, the Town appears to collect taxes based on appraisals of new homes that can be up to 18 months behind reality, whereas costs are felt by the town as soon as occupancy occurs, suggesting that the current bill would increase fairness. Mazur agreed with the 18 month figure.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) that the Town of Sharon reject the provisions of C.L. C. 59 §2D, “ which impose a supplemental property tax assessment on certain improvements to real estate constructed after January 1 once an occupancy permit is issued, for fiscal years that begin on or after July 1, 2003.”
Accept Donation of Sick Leave - Town Accountant
Selectman Grasfield stated that, as a former member of the Personnel Board, he suspected this was a matter the Personnel Board should address before the Selectmen proceeded and asked that the matter be held until the Personnel Board issued its opinion. Grasfield said he had phoned Personnel Board chairman Dennis Friedman the previous day to see if he agreed. Mr. Friedman concurred and said he would schedule it for their meeting scheduled for the following week.
Town Administrator Puritz stated that he spoke to Labor Counsel and that he gave an opinion that this was in the purview of the Selectmen to accept the voluntary donation of sick leave. Selectman Katz asked whether this delay to speak with the Personnel Board would have any detrimental effect. Ben Puritz stated that other than the issue would not be resolved, it would not. He further stated that the Department Heads have volunteered to donate 75 days of their own sick leave to offset the advanced sick leave given to the Town Accountant, Joan Leighton. Ben Puritz also stated that with the contribution of Ms. Leighton’s disability compensation to the Town that covers that additional stipend to the Assistant Town Account Eileen Generazzo, the net result is a positive balance to this budget.
Ben Puritz further reported that this matter would be looked at with greater specificity by October 3rd when more information will become available, and it is expected that there will be a definitive answer as to a recovery plan. Chair Katz stated that we will be working to reach an conclusion and that “this can’t go on ad infinitum.” He further stated that we can wait for the Personnel Board, but that the responsibility is here. Selectman Grasfield asked for a copy of the opinion from Labor Counsel.
Residents Joel and Susan Alpert were present to ask questions re this process of accepting sick leave from other departments and budgets. Mr. Alpert stated that he felt this was precedent-setting and that it clearly comes under the Personnel Bylaws.
Selectmen’s Goals and Objectives
This item will be rescheduled.
Action Items
Town Administrator Puritz stated that during the month of September, the Selectmen review their Goals and Objectives and review the Selectmen’s Policies. He reminded the Board that the Board failure to issue a Notice of Non-Renewal by October 1st, will extend all Department Head contracts for another year.
Ben Puritz also said that during the month of October, the Board will schedule an open forum to discuss ways of improving town meeting and a large Open Forum with multiple boards and committees to discuss general items.
Mountain Street
Mr. Menotti Giorgio was present to discuss the need for placing a binder from 335 Mountain Street to his home at 371 Mountain Street (approximately 1,600 linear feet). He stated it was unsafe and not cost-effective to maintain by DPW. Eric R. Hooper, Superintendent of Public Works stated that there were complications re specifications for paving, plan for sidewalks, need for water pipes for proposed water tank, and possible development of Rattlesnake Hill. He recommended that the Board wait until there is a decision as to Rattlesnake Hill development as the costs may be borne by the developer for the paving of this road.
Selectman Roach also discussed Mountain Street resident Richard Gray’s insistence that any paving be in conformance with the county layout. Mr. Giorgio stated that this section of the unpaved road is on the county layout. Mr. Hooper stated that a binder for this section of the road would cost approximately $20,000 and that the DPW spends approximately $10,000 per year maintaining this section of the road. Mr. Hooper will check on the legality of adding a binder with the county engineers. Selectman Roach suggested that Town Counsel be consulted.
Selectman Grasfield stated he has requested an opinion from Town Counsel as to whether or not he is allowed, under the State’s Conflict of Interest laws, to participate in this matter. He is waiting for an opinion from a realtor.
Council on Aging Board Vote - Wilber School Project
Director Norma S. Fitzgerald met with Ben Puritz outside the meeting room to state that statements made by Chair Arnold Kublin were inaccurate and that the minutes show that, in fact, the Council on Aging Board did vote to endorse the Wilber School Project. Ben distributed copies of the Council on Aging minutes to the Board members.
Request to Rename Community Center Way
The Board received a request from Representative Lou Kafka to rename Community Center Way as “Dubinsky Drive.” This item was deferred until a later date.
Southeastern Regional School Assessment
Selectman Grasfield requested that this be discussed as a future agenda item. Ben Puritz stated that the Town has received a $139,000 reduction in its assessment.
Communications System
Selectman Grasfield stated that he would like an update from Chief Bernstein and Chief Mann on the Communications System.
Additional Lake Tests
Selectman Grasfield asked questions of Eric R. Hooper, Superintendent of Public Works re a Memo from him dated August 27, 2003 re using DPW staff to conduct lake tests outside of the normal collection season. Mr. Hooper responded to questions raised, that the Lake Management Study Committee has the ability to collect its own samples and that requests for assistance for DPW Staff should be made under his direction or with the Board of Selectmen.
Town Accountant Extended Sick Leave Further Discussion
Selectman Grasfield responded to questions raised by Susan and Joel Alpert in their letter to the Board of Selectmen, dated August 28, 2003. Questions of impropriety were raised re being compensated with disability insurance while receiving salary, and the advancement of sick leave without thought to amount of time need for repayment. They also questioned how the Town can function without a full-time, active Town Accountant or why the Town did not grant a leave without pay. Reference was made to two previous letters written by the Alperts, with the Board with accusations of “not directly answer in the questions.” Chair Katz stated that he would take it upon himself to “answer each and every question.”
Mr. Alpert stated that he feels this is a “major issue” and that people don’t have an understanding as to what is going on. Chair Katz stated that he is certain we are doing something within legal authority, and that “sometimes the Board acts with compassion and understanding and treats the matter a little differently .” Selectman Grasfield stated that the Alperts raised “good questions” and needed “clear answers.” Mr. Alpert said he raised these questions with the Attorney General’s Office. Chair Katz stated that he intends to address all of the issues raised in a public manner with a full accounting as to time. Selectman Grasfield suggested that, at a minimum, the Town needs to provide 1) a legal opinion as
to whether or not actions taken to date are permitted, and 2) a full accounting of sick time used and granted and the flow of disability and other payments. Mr. Alpert stated that he would be following up with a Freedom of Information Request.
Capital Outlay Chair
Selectman Grasfield noted correspondence from Alice Cheyer re advertising for this vacancy. Ms. Cheyer stated she would like an extension of the deadline to apply for this position to September 22.
Housing & Community Development Grant
Selectman Grasfield asked if the Town would be applying for a Massachusetts Community Development Block Grant. Town Administrator Puritz stated that the Town did receive such a grant for use with the Adcour Building Parking Lot, but that the Town would not be eligible for State money for housing.
Michael Baskin - Opinion Letter
Selectman Grasfield made reference to this Opinion Letter from Richard A. Gelerman, Town Counsel, dated August 28, 2003. It stated that, “it is my opinion that based upon this prior determination, you may, under G. L. c. 268A, §19(a), participate in your capacity as Chairman of Facilities Planning Committee in any particular matters related to the Wilber School Project, despite the financial interest STV, Inc., may have in any such matters.” Selectman Grasfield asked that the matter be discussed in open session shortly.
Municipal Tax Amnesty Program
This may be on next week’s agenda.
King Philip Estates
Selectman Grasfield referenced correspondence from the Zoning Board of Appeals, re 40B development of King Philip Estates on Mansfield Street by ERPOL Construction LLC. He suggested that the BOS and the ZBA have a joint meeting as soon as possible so that the BOS could provide the input that the ZBA has been requesting repeatedly concerning 40B applications.
Soccer Fields - Sharon Woods
Selectman Grasfield asked what the status was for both the existing and proposed soccer fields at Gavin’s Pond. Puritz indicated that earlier correspondence concerning a Special Town Meeting for the soccer fields had not been followed up on by the proponent, Donald Brichta. The collaborative effort to deal with the neighborhood is going to resume in the fall.
Executive Session
VOTED: (Roach/Grasfield) Voted unanimously to enter into Executive Session for the purpose of discussing matters of Collective Bargaining, Pending Litigation, Strategy with Nonunion Personnel and, at the conclusion thereof, to adjourn for the evening.
Roach, aye; Grasfield, aye; and Katz, aye.
The Board entered into Executive Session at 11:15 P.M.
Roach, aye; Grasfield, aye; and Katz, aye.
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