September 16, 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 Selectman Roach. Selectman Grasfield stated that the July 29th minutes were still being revised.
VOTED: (Roach/Grasfield) Voted unanimously to approve the Minutes of September 9, 2003, including Executive Session.
The Board will schedule a special meeting to approve 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.
Council on Aging
The Board interviewed Marilyn Stewart for reappointment to the Council on Aging. Ms. Stewart has been involved as a Shine Counselor (health information needs for elders). She was active on the study committee for the proposed senior center. In answer the question, Ms. Stewart stated that the most immediate need for seniors was to have a senior center - a place to call home. She further stated that the original proposed free-standing senior center was a perfect solution - dream center with space for future expansion and day care needs. She also said that the Sacred Heart Site had sufficient parking, and she doesn’t believe there is enough space for parking at the Wilber School.
Budget Review - Law Budget - Ben Puritz
The Board reviewed the preliminary law budget figures for FY’05 in the amounts of $95,000.00 Primary, $104,500.00 Plus, and $90,250.00, Minus. Mr. Puritz reported that the hourly rate for Labor Counsel, Michael Lehane is $135 per hour and Town Counsel, Richard Gelerman is $100 per hour. The average total law budget for the past five years is $107,690 with a peak year for FY’ 2001-2002. The total for FY 2001-2002 was $71,495. In answer to the questions raised by Selectman Grasfield, Mr. Puritz answered that there are no expectations of increases in the hourly rates paid for counsel.
Selectman Grasfield inquired as to whether or not the Town considered hiring a Town Counsel. Chair Katz stated that this was considered years ago and did not appear to be in the best interest of the Town. Ben Puritz commented that it was considered with a screening committee made up of George Donovan, Ed Connelly for this purpose. Selectman Grasfield suggested that this primary budget be increased as he would like to have the flexibility to question more and would rather return money from the legal budget if unused.
Budget Review - Civil Defense - Michael Polimer
The Board reviewed the preliminary budgets for FY’05 for Civil Defense in the amounts of $9,000.00 Primary, $9,900.00 Plus, and $8,550.00 minus. Mr. Polimer reported on some of the responsibilities of the Civil Defense that included:
E911 Emergency Communication;
maintenance of radio repeater on Moose Hill for Police/Fire/Civil Defense communication;
electricity for Moose Hill Building;
assistance with natural disasters; and,
provides Lighting for community events and emergency power;
Mr. Polimer stated that the would like to be involved with the new communications proposal for Police and Fire.
Budget Review - Veterans Graves - Paul Bergeron
The Board reviewed the preliminary budget for FY’05 for Veterans Graves in the amounts of $2,640.00 Primary; $2,904.00 Plus, and $2,508.00 minus. Mr. Bergeron stated that this budget primarily covers flags and flowers for Veterans Graves. He stated that he is only able to provide very small flowers under the current budget. Later that evening, Selectman Grasfield stated that Mr. Bergeron should let the Board know what he needs for presentable flowers for the Veterans graves.
Budget Review - Community Celebrations - Paul Bergeron
The Board reviewed the preliminary budget for FY’05 for Community Celebrations in the amounts of $1,885.00 Primary; $2,073.00 Plus, and $1,791.00 minus. Mr. Bergeron stated that this budget provides for Memorial Day Services at a grave site, civic ceremony and a short parade. The plus budget would provide for the purchase of more flags.
Budget Review - Veterans’s Agent - Paul Bergeron
The Board reviewed the preliminary budget for FY’05 for Veterans Agent in the amounts of $17,177.00 Primary; $18,895.00 Plus, and $16,318.00 minus. In answer to questions by Selectman Roach, Mr. Bergeron gave a report of increased services provided to Veterans.
Blue Star Banner
Selectman Roach asked if Mr. Bergeron could supply another Blue Star Banner for Police Officer Williams who has been called to active duty. Mr. Bergeron will arrange for a presentation with family members present at a future Board meeting.
Michael Rothberg Memorial Race
Mr. and Mrs. Russo were present on behalf of the Michael Rothberg Memorial Race to honor the memory of former Sharon resident Michael C. Rothberg who was lost in the September 11th tragedy. Funds raised are used for Memorial Scholarships to Sharon High School students. The race will include both a 5-mile run and a 3-mile walk on September 21, 2003.
Board of Health
The Board interviewed Sherwin Z. Goodblatt for a position on the Board of Health. Mr. Goodblatt has an extensive background in public health education, management, teaching and research.
Capital Outlay Committee Chair
The Board interviewed James H. Goldsmith to fill the vacancy for Capital Outlay Chair. Mr. Goldsmith is a partner with a law firm that specializes in corporate law and finance. Mr. Goldsmith feels his financial background lends itself to serve the community in this capacity.
Mr. Goldsmith states that he would closely analyze and apply creative thought to the capital outlay lending process.
In answer to the question asked by Chair Katz, Mr. Goldsmith replied the that he was particularly interested in serving on this committee, but that he would certainly consider serving in another capacity that fits within the parameters of his interest.
Board of Health
The Board interviewed Nisrin Chinwalla for a position on the Board of Health. Ms. Chinwalla has an extensive background in biology and clinical research. In answer to the question, Ms. Chinwalla said she would absolutely be interested in considering an appointment to another committee if it were suited to her background.
Capital Outlay Chair
The Board interviewed Allen M. Garf to fill the vacancy for Capital Outlay Chair. Mr. Garf served several terms on the Board of Selectmen and represented the Board on Capital Outlay. He has also served as Capital Outlay Chair before becoming a Selectmen. Mr. Garf stated that he has served as a senior executive within a multi-million dollar company where he ran the budget. Mr. Garf stated that he believes the capital outlay process works well and that he would not make any changes.
Bond Issue - Town Treasurer
The Board reviewed information as proved by the Town Treasurer relative to the sale of Bonds. R. Uyttebroek, Town Treasurer was present to discuss our bond rating and the process involved in the sale of bonds. The bonds will be used to fund items approved at an annual town meeting, including debt exclusions for school construction projects. Selectman Grasfield asked about how the Town would be using the premiums - the difference between the $14,099,754.70 and the $13,990,000. Mr. Uyttebroek responded that part of this would be used for fees related to the borrowing and part would be used to repay the money borrowed. Mr. Uyttebroek requested that the Board take several votes for the sale of municipal bonds:
VOTED: (Roach/Grasfield) Voted unanimously to approve the sale of bonds and to certify the votes as follows:
Voted: that the sale of the $13,990,000 Municipal Purpose Loan of 2003 Bonds of the Town dated September 15, 2003, to Corby Capital Markets, Inc. at the. price of $14,099,754.70 and accrued interest is hereby confirmed. The bonds shall be payable on March 15 of the years and in the principal amounts and bear interest at the respective rates, as follows, subject to earlier redemption at the option of the Town as provided in the Bond. Purchase Agreement dated September 16, 2003 between the Town and Corby Capital Markets, Inc. (the "Bond Purchase Agreement")
and Further voted: to confirm the provisions of the Bond Purchase Agreement dated September 16, 2003.
The votes will be certified by Selectman Roach as Clerk of the Board.
Zoning Board of Appeals
The Board interviewed Walter Newman for Reappointment as an Alternate Member to the Zoning Board of Appeals. Mr. Newman has served in this position for many years and feels that he continues to make contributions for this board particularly in the environmental area.
Sprint Cellular Facility
There was a brief recess to allow for a large group to enter the room.
Approximately 45 abutters and concerned residents were present to discuss a settlement agreement with Sprint to place a 120 foot cell tower at the Sharon Country Club. This matter concerns a suit brought against the Zoning Board of Appeals by Sprint, under the Telecommunications Act of 1996, for denying its application to place a cell tower within the Town to provide coverage. Richard A. Gelerman, Town Counsel, has been involved in negotiating a settlement with Sprint.
Silvia Silberman read a prepared statement with concerns expressed that included:
feelings of betrayal by the Town with no information or “misinformation” provided to the abutters;
abutters not part of the process for settlement discussions;
fear that the settlement is a “done deal;”
abutters not told to hire counsel at the onset, but some abutters did just that recently and received a copy of the settlement agreement without the attachment showing where the 8-story cell tower with blinking lights would be sited;
questions as to why the Town does not site the Tower on Town property so that the Town will receive the revenues generated and not the Country Club;
refusal of the Country Club to meet with the abutters or to consider of placing the Tower in the center of the Country Club property so that it will not be near residents’ homes;
Selectmen refused to have a public hearing to place the Tower on the Hampton Water Tower; and,
questions about foundation being laid on County Club property.
Susan Epstein read a prepared statement that included certain allegations and questions that included:
the Selectmen have created the atmosphere of secrecy and mistrust;
questions as to why the town officials are not aggressively fighting Sprint to prevent the placement of the cell tower in a residential area;
questions of impropriety on the part of the Country Club and the Chair of the Zoning Board;
questions of why the Hampton Road area was not being considered;
questions of why Town Counsel is willing to settle for everything that Sprint has asked for;
questions as to whether the Town has a reliable consultant in telecommunications technology, and;
questions of aesthetic impacts on the Country Club neighbors as opposed to using the existing Water Tank on Hampton Road.
Other abutters expressed concerns that included:
health risks not being considered under Federal laws;
effect on property values;
consideration of alternate sites away from residential area;
disrespect shown by County Club.
A list of 10 items was presented to the Board entitled, “Things the Sharon Selectmen Can Do to Help, with 10 being “Ask the Finance Committee for their official opinion. Revenue for the Town is being turned down. They have a right to know about this before it happens, not after it’s too late.”
Sherry Raider provided studies of related health risks for the Board’s information. Ms. Raider also discussed her personal problems with genetic immune cell disorders and it association with cell towers. She read a personal account of a family affected by a cell tower located within 800 feet of their house. Citing of this tower could be placed within 150 feet of abutters homes.
Mr. David Bernard reported that he had hired an attorney to represent the abutters concerns and requested that the Town defend this litigation by Sprint. He also requested that the Town hire an expert in this area. Mr. Bud Adler spoke as to how the citing of this Tower will negatively impact the neighborhood in a variety of ways. Mr. Sam Solomon cited legal precedence for not moving toward a settlement with Sprint and asked that the Town not set a precedent in rushing toward this settlement toward the citing of this Tower that the Town may have for 20 years or more. He stated that the Town had a right to deny this permit and that there is a chance to win this suit on the merits. He stated that it was disheartening that our own Town Counsel will not represent
us.
Resident Robert Holmlund requested that each Board member provide a sworn statement stating what they knew, when they knew it, and what the issues are to rectify the lack of trust with Town Officials.
The Board was also asked to address the issue of noise from the County Club - with machinery being operated as early as 6:15 a.m.
Chair Katz gave a brief statement as to the Board’s being limited to what they could do on the advice of Town Counsel. He stated that he takes offense to political innuendos. He further stated that because of the legal process, Richard A. Gelerman, Town Counsel could not be here.
Questions were asked as to whether there is still time to back out of the settlement and Chair Katz replied that, “I can’t answer that.” In answer to the question, Chair Katz stated he will call Mr. Gelerman and ask him if there is anything that can be done and if Mr. Gelerman will review the tape of this meeting.
Chair Katz stated that he is not in favor of any Cell Tower any where in this community and he will request that Town Counsel meet with the County Club to discuss the concerns raised this evening. He told those present, “we hear you.” Selectman Roach stated that he doesn’t want the Cell Tower either and that he would like the Country Club to meet before the Board of Selectmen. Selectman Grasfield stated that he was new to the process, but felt that the abutters should have been kept informed as to the extent it was legally possible to share information and he would like to invite Mr. Gelerman in to discuss this issue.
It was suggested that the process be slowed down. John Lee, Zoning Board of Appeals member, stated in regard to the settlement, “it has not happened yet.” It was also requested that the Building Inspector be directed to stop any construction that may be going on in anticipation of this structure. Selectman Grasfield stated that it is the Zoning Board of Appeals who is the party in the lawsuit but that the Selectman have oversight with Town Counsel and the legal budget.
Mr. Puritz advised that the Federal court would be the sole determinator of the case if litigated, and, therefore, may not choose to include conditions to protect the Town and neighborhood. He defended Town Counsel’s role in this procedure, stating that “Town Counsel is an ethical and honorable person and capable counsel to the Town, and that he is always open to outside assistance, where in furtherance of the Town’s interests.
Resident Marguerite Solomon requested that she would like a list of other sites offered to Sprint. She also objected to a statement allegedly made by Mr. Gelerman that, “it is only a flag pole.”
Suggestions were made to restructure town government to make it work more efficiently.
Selectman Grasfield suggested that the Board get a second opinion from an attorney who specializes in this type of law and to invite the Country Club directors to meet with the Board. Chair Katz agreed that he would ask for this.
In answer to the question re alternative technology that was being considered, Mr. Puritz responded that the provider (fiber-optic technology) “went somewhere,” and, “ there was no response received to the Town’s queries.” Selectman Grasfield stated that he would like to move forward to explore alternative technologies, stating, “I am sure there are more out there.”
Selectman Grasfield asked whether Sharon should fight this issue in federal court and whether alternate sites can still be considered.
With regard to the foundation being lain at the County Club, resident Susan Epstein stated that she thinks they may just be building a shed.
Southeast Regional Vocational/Technical School Assessment
Town Administrator Puritz reported that the Board received a reduction in its assessment of $165,000, but that local aid was also reduced in the amount of $139,000 leaving approximately $26,000 to the good. In answer to the question posed by Selectman Grasfield, Mr. Puritz responded that the Town was aware of this reduction in local aid before Town Meeting. Selectman Grasfield responded that this $165,000 can be considered a windfall and that everyone who has an interest in this money, should be invited to give its input. Selectman Grasfield requested that a representative from the Regional School be asked to meet with the Board to discuss its formula for making assessments to the communities.
Selectmen’s Goals & Objectives
This item was deferred until the next meeting.
Request to Rename Community Center Drive
This item was deferred until the next meeting.
SEMASS Partnership Renewable Portfolio Standard Revenue Sharing
The Board reviewed Memorandum from Eric R. Hooper, Superintendent of Public Works, dated September 11, 2003. The Board discussed the Town’s being able to have a portion of its waste disposal costs offset by a form of revenue sharing. Selectman Grasfield asked for clarification as to methods of calculating and if there is an audit of the accounting re administrative charges.
Chair Katz stated that the Board should not hold up this agreement, but could go ahead and seek clarification as to calculations.
VOTED: (Roach/Grasfield) Voted unanimously to authorize Ben Puritz to sign the Agreement with SEMASS Partnership that allows SEMASS to sell Renewable Energy Credits as part of the Massachusetts Renewable Portfolio Standard.
Town Accountant’s Disability Leave
Selectman Grasfield raised certain issues and questioned the statements implied in the letter of response as prepared by Ben Puritz to questions raised by Susan and Joel Alpert in their latest letter on this subject. Mr. Puritz made reference to the opinion letter from Labor Counsel Lehane’s office.
Mr. Puritz stated that the response letter anticipates the Board’s acceptance of the 75 days of donated sick leave. He further stated in regard to the suggested review by the Personnel Board, he noted no posting of a scheduled meeting by that Board for this week. Selectman Grasfield stated that it was the Personnel Board’s role to rule on this issue under the Town’s Personnel Bylaws. He further stated that the opinion by Labor Counsel’s office was “not definitive.” Ben Puritz stated that he will call Attorney Lehane for further clarification.
Selectman Grasfield questioned the accuracy of tracked sick leave. Mr. Puritz stated: “Are you saying that you don’t have confidence in the ability and integrity of the Payroll and Accounting Departments in tracking leave time?” Selectman Grasfield replied that while serving on the
Personnel Board, he had requested a list of all Town employees and that “there were dead people on the list.”
Chair Katz state that the acceptance of the 75 days of sick leave from the Department Heads is “no cost to us.”
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to accept the 75 days of donated sick leave from the Department Heads.
Mr. Puritz stated that he will send out the response letter. Selectman Grasfield requested that the language be changed so that it is not implied that the full Board agrees to statement made therein. He alleged that statements made about the audit report were misleading. Mr. Puritz stated that he would change the language to show that it is “the majority of the Board.”
Letter from Candidate for Water Management Advisory Committee
Selectman Grasfield referenced letter from Richard Mandell, dated September 12, 2003 asking that his name be withdrawn for consideration for appointment due to the lack of a timely response from the Board after his interview last May. Selectman Katz will contact Mr. Mandell and explain that it is the Board’s policy to make appointments in September. Selectman Roach requested that “we speed up the process.”
The Board will make its appointments and reappointments to Committees at its next meeting.
Letters of Resignation
The Board noted letters of resignation from Jennifer T. Bell from the Water Management Advisory Committee and Len Segal from the Development & Industrial Commission and Government Study Committee and withdrawing his name for consideration to the Water Management Advisory Committee. Letters of appreciation will be sent.
Alice Cheyer on Reappointments
Ms. Cheyer made suggestions to the Board re language in interview letters sent to applicants for appointments or reappointments. She stated that re the interview with Mr. Richard Mandell, “that four months is not fair to him.”
Municipal Tax Amnesty Program
Selectman Grasfield made note of a Memorandum from R. Uyttebroek, Town Treasurer, dated September 15, 2003 wherein he recommends that no action be taken under this program.
Review of Selectmen’s Policies
Selectman Grasfield noted correspondence from Alice Cheyer re suggested changes to the Board’s Policy No. 2, re Appointments to Committees. Selectman Grasfield suggested that all the Selectmen’s Policies be posted on its website.
Melanson & Heath
Selectman Grasfield asked what was the mechanism for providing comments on the draft FY’02 Audit. Ben Puritz will contact the Auditors.
Executive Session
VOTED: (Roach/Grasfield) Voted unanimously to enter into Executive Session for the purpose of discussing matters of Collective Bargaining and Legal matters and, at the conclusion thereof, to adjourn for the evening.
Roach, aye; Grasfield, aye; and Katz, aye.
The Board entered into Executive Session at 12:10 P.M.
Roach, aye; Grasfield, aye; and Katz, aye.
| 
