September 23, 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 7:35 P.M.
Minutes
VOTED: (Roach/Grasfield) Voted unanimously to approve the minutes of August 26, 2003 as presented.
VOTED: (Roach/Grasfield) Voted unanimously to approve the minutes of September 16, 2003, including Executive Session, with the following corrections to the open session minutes:
Under - Bond Issue - Town Treasurer:
Change the first paragraph to read as follows:
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:
Under - Town Accountant’s Disability Leave
Change statement in third paragraph from:
Selectman Grasfield replied that while serving on the Finance Committee, he had requested a record of leave time and that “there were dead people on the list.”
To:
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.”
Southeastern Regional School Assessments
Jim Hager, Superintendent of the Southeastern Regional School, was present as well as Mindy Kempner, Sharon’s Representative to the School, to discuss the lowered assessment for FY 04 to $28,232, a savings of $123,723 to the Town. Mr. Hager also discussed a reduction in the Regional School Budget of $570,000, a 4% reduction. Selectman Grasfield stated that we need to make people aware that approximately $124,000 is now available.
Mr. Hager discussed the calculations that resulted in the initial increase in assessments and the recalculation that benefit Sharon. Mr. Hager also announced that he would be sending warrants to all the Towns (within the Regional School) to go back to a per pupil cost, which will need the unanimous vote of the Towns. This meeting is scheduled for November 6.
Mr. Hager also announced an “Open House” to take place at the Regional School on the third week in October with everyone invited to attend.
Budget Review - Disability Commission
Ben Puritz, representing Chair Sid Rosenthal, presented the preliminary FY05 Budget for the Commission on Disability in the amounts of $500 Primary, $550 plus and $475 minus. Mr. Puritz stated that the Disability Commission receives some support from the Selectmen’s Office and that the Commission also uses fines from handicap parking violations to purchase equipment to make town facilities more accessible.
Budget Review - Historical Commission
Shirley Schofield, Chair, presented the preliminary FY05 Budget for the Historical Commission. in the amounts of $150 Primary, $165 Plus and $143 minus. Ms. Schofield referred to a letter, dated September 17, 2003, wherein the Historical Commission is requesting a budget of $650 in order to accomplish some of the things the Commission is charged, i.e., updating our inventory of historic properties, photographing our existing inventory and sponsoring educational endeavors. They would also like the opportunity to send members to attend seminars to learn how to preserve Sharon’s history. Ms. Schofield stated that she did a survey and that Sharon has the lowest budget for a Town of this size that was part of her survey.
Selectman Roach asked about restoration of an sign on Old Post Road. She answered that the Town would like to redo or restore signs placed in 1976 by the Bicentennial Committee and that maybe funds are available elsewhere. Selectman Grasfield stated that the $650 request “sounds responsible to me.”
Sharon Cultural Council
The Board interviewed Reisa Marlowe for reappointment to the Cultural Council. Ms. Marlowe has served on this Council for 6-7 years, and she has been involved in the performing arts since childhood. She mentioned certain programs that received monies allocated from the Sharon Cultural Council and drastic reduction in funds from $10,000 to $2,000.
Historical Commission
The Board interviewed Debi Pitman for a new appointment to the Historical Commission. Ms. Pitman is the current owner of Cobb’s Tavern who has appreciated the support received from this “hard working group” and would like to work with them.
In answer to the question, Ms. Pitman stated she would absolutely be open to the idea of tours of Cobb’s Tavern for school field trips. Selectman Grasfield cautioned that as a member of the Historical Commission she may not be able to advocate on behalf of Cobb’s Tavern at Historical Commission Meetings.
Chair Shirley Schofield was present to discuss the vacancies available. She requested that the Board consider making alternate member David Martin a regular member, leaving two alternate positions to be filled.
Placement of Masonic Signs
Larry Van Leer from the Gate of the Temple Masonic Lodge, Stoughton, was present to request permission for the placement of three masonic signs.
Selectman Roach stated that he had a call from a resident who felt the signs were getting out of hand at the N. Main Street entrance to the Town. The Board discussed the construction of a “sign boards” possibly working with the Boy Scouts at three locations, South Main Street, North Main Street, and Route 27.
Mr. Van Leer stated that his organization is interested in being involved in neutral community service activities and would most likely want to be involved in this project. Mr. Van Leer requested that he would like a “nod” to get these signs up as soon as possible.
VOTED: (Roach/Grasfield) Voted unanimously to allow the locations for the placement of Masonic signs with the oversight of the Superintendent of Public Works.
Request for Special Town Meeting
Joel Tran, Chair of the Planning Board was present, to request a Special Town Meeting for the purpose of revising certain portions of the Town’s Zoning By-Laws. The following Articles were submitted for consideration:
1. Creating a new business district on S. Main Street (across from Shaws plaza)
2. Reclassifying certain parcels of land on N. Main Street - near Cobb’s Corner as part of Business District D.
3. Amending the Zoning Map for the purpose of reclassifying certain parcels of land as part of the Professional District (N. Main Street).
4. Amend Zoning By-Laws for allowing certain commercial uses within the Professional District by special permit.
5. Expansion of the Conservation Subdivision Design eligibility by reducing the minimum size of eligible parcels and including Single Residence B.
6. Amend Certain Paragraphs of the Zoning By-Laws for the purpose of clarifying the Zoning By-Laws and correcting certain errors.
7. Amend the Sign By-Law, Article 12.
Chair Katz stated that if another Board requests a Special Town Meeting, it is the policy of the Board to call a Special Town Meeting based on the request. Selectman Roach stated, with regard to the S. Main Street Rezoning, that time is of the essence. Mr. Tran stated that a public hearing related to these articles will be held on October 15. Selectman Grasfield stated that Mr. Tran has made a compelling case for the rezoning of a good-size lot on S. Main Street and he would support this for that reason alone.
VOTED: (Roach/Grasfield) Voted unanimously to call for a Special Town Meeting for December 1, 2003.
Ben Puritz announced the proposed schedule for the Opening of the Warrant on September 30, 2003 with a closing of the Warrant on October 7, 2003. He stated that if there is a problem with the December 1 date, it can be addressed next week.
Conflict of Interest Opinion - Michael Baskin
The Board reviewed an Opinion Letter from Richard A. Gelerman, Town Counsel, dated August 28, 2003 addressed to Michael Baskin. Selectman Grasfield had requested that this be scheduled as an agenda item to reconsider the issue for the latest phase of Wilber School proposal. The issue concerns a financial interest existing between the firm of Lozano, Baskin and Associates, Inc., and STV, Inc. the architectural firm.
It is the opinion of counsel that based upon a prior determination made last December by the Board of Selectmen, stating to Mr. Basking that “your financial interest was not so substantial as to be deemed to affect the integrity of the services which the Town of Sharon may expect from Michael Baskin,” Mr. Baskin may participate in his 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 commended Mr. Baskin on his efforts and the quality of product, but that felt that the business relationship is so significant that it is inconceivable that it not pose a problem.
Chair Katz stated that Mr. Baskin has always been forthright in disclosing any conflict and that he would personally hate to lose the benefits of his talent and he does not see “a problem with him continuing.” Selectman Roach supported Mr. Katz’s stand on this issue.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to (re: Michael Baskin) continue as we have in the past with Mr. Baskin.
Department Head’s Employment Agreement
Ben Puritz discussed the Department Head’s Employment Agreements which have a provision to automatically extend for a year unless the Board of Selectmen issue a Notice of Nonrenewal by October 1. A Notice of Nonrenewal would leave a period of 21 months for a contract to terminate. Mr. Puritz stated that the Board has always been proactive by taking a vote not to issue a Notice of Nonrenewal to the Department Heads for those in the Executive Category. Mr. Puritz listed the positions affected by this provision, to include: Recreation Director, Fire Chief, Police Chief, Town Accountant, Town Treasurer, Town Engineer, Systems Administrator and Superintendent of Public Works.
MOTION (Roach) to not issue a Notice of Nonrenewal to the all the Department Heads with the exception of Town Accountant.
Selectman Grasfield commented that the employees can terminate the agreement with 30 days notice, yet for some reason before October 1st of each year, the Board automatically renews each agreement for 33 months. A Notice of Nonrenewal would allow for a period of 21 months “severance pay,” which he feels is extremely generous. Selectman Grasfield stated that he was hoping to have an opportunity to discuss the terms of these agreements before extending them an that he wished the Board could have discussed this in July.
Chair Katz stated that we can discuss the changes in the future, but because of time constraints, he is prepared to second the motion. He further stated that he understands that every so often the agreements should be reviewed. He further stated that the agreements allow that anyone can be removed “for cause.”
VOTED: (Roach/Katz) 2 - 1 (Grasfield opposed) to not issue a Notice of Nonrenewal to the all the Department Heads, with the exception of Town Accountant.
VOTED: (Roach/Grasfield) Voted unanimously to issue a Notice of Nonrenewal to the Town Accountant and that upon her return to work that the Board would revisit this Notice of Nonrenewal.
VOTED: (Roach/Grasfield) Voted unanimously to make it clear that it is the intent to issue this Notice of Nonrenewal to the Town Accountant because of her disability and the Board is prepared to revisit this upon her return to work.
Yearly Appointments
VOTED: (Roach/Grasfield) Voted unanimously to make the following yearly appointments:
Expiration Date- 2004
Special Police:
Daniel J. Allman Kelly Fitzpatrick
Steven D. Kraus Larry Phaneuf
Kyle J. McNeil James Keating
Maggie Powell David Skulsky - Auxiliary Police
Crossing Guards:
Beverly Blackler - Crossing Guard & Parking Clerk
Marcia Bloom - Crossing Guard & Parking Clerk
Barbara Morrison - Crossing Guard & Parking Clerk
Cheryl Rintala - Crossing Guard
Simone Rudinsky - Crossing Guard
Laura Stanley - Crossing Guard
Leah Stella - Crossing Guard
Judy Townsend - Crossing Guard
VOTED: (Roach/Grasfield) Voted unanimously to make the following yearly appointments:
Richard Gelerman - Town Counsel
Michael Polimer - Director of Civil Defense
Diane Malcolmson - Animal Control Officer
Edward Welch - Fence Viewer
Joseph Petrosky - Measurer of Lumber
Charles Healey - Sealer of Weights & Measures
Robert Morse - Measurer of Wood & Bark
Paul Bergeron - Veteran’s Agent
Three-Year Appointments
The Board reviewed the list as follows:
Joan M. Leighton - Town Accountant
Eileen M. Generazzo - Asst. Town Accountant
Robert J. Uyttebroek - Treasurer/Collector
Judith K. Doo - Assistant Treasurer
Elizabeth Siemiatkaska - Assistant Collector
Selectman Roach requested that the appointment for Town Accountant be held. Selectman Grasfield requested that the appointments for Treasurer/Collector and the Town Accountant be held.
Selectman Grasfield stated that he had asked two weeks ago to start conversations with the Board of Selectmen regarding job performance and, at the request of Mr. Puritz, has already addressed serious concerns about the Town’s financial management directly and at length with the Town Administrator, and that he feels that we have significant problems with the financial management. He stated that, “I think we need a change in financial management for Treasurer and Town Accountant.” Selectman Grasfield praised the work of both the Assistant Treasurer, Judith Doo, and the Assistant Town Accountant Eileen M. Generazzo, and asked that the appointments be voted individually.
VOTED: (Roach/Katz) Voted 2 - 1 (Grasfield opposed) to appoint all of the three-year appointments with the exception of Joan Leighton, Town Accountant.
Ben Puritz requested that the Board take individual votes on these reappointments.
VOTED: (Roach/Grasfield) Voted unanimously to reconsider the vote to reappoint the three-year appointments.
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Eileen M. Generazzo as Assistant Town Accountant.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to reappoint Robert J. Uyttebroek as Treasurer/Collector.
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Judith K. Doo as Assistant Treasurer.
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Elizabeth Siemiatkaska as Assistant Collector.
Reappointments/Appointments to Committees
Conservation Commission
VOTED: (Roach/Grasfield) Voted unanimously to appoint Peter Holden and Stephen Cremer to the Conservation Commission`, to expire: September, 2006.
Council on Aging
VOTED: (Roach/Grasfield) Voted unanimously to appoint as follows:
Elliot Feldman - expiration, September 2005
Reuben A. Herman - expiration, September 2005
Robert Maidman - expiration, September 2006
Marilyn Stewart - expiration - September 2006
Ellen Bender - expiration - September 2006
It was the consensus of the Board that Faye Berzon be sent a letter asking her to join the COA as an ex-officio or special member until such time as there is another vacancy.
Commission on Disability
VOTED: (Roach/Grasfield) Voted unanimously to make the following appointments:
Leslie Kriger - expiration - September 2006
Susan Myerson - expiration - September 2006
Geila Aaronson - expiration - September 2005
James Waters - expiration - September 2005
Elizabeth Rubin - expiration - September 2005
Board of Health
VOTED: (Roach/Grasfield) Voted unanimously to appoint Sherwin Goodblatt to the Board of Health - expiration - September 2006
It was the consensus of the Board that Nisrin Chinwalla be sent a letter asking her to join the Board of Health as an ex-officio or special member until such time as there is another vacancy.
Historical Commission
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Shirley Schofield and Gordon Hughes to the Historical Commission with an expiration date of 2006, and to appoint Debi Pitman as a Alternate Member, expiration 2006, and to change the appointment for David Martin from an Alternate Member to a Regular Member.
Development & Industrial Commission
VOTED: (Roach/Grasfield) Voted unanimously to appoint Alan D. Lury to the Development & Industrial Commission.
Lake Management Advisory Committee
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Michael Baglino and David Deitz to the Lake Management Advisory Committee, expiration, 2006.
Recreation Advisory Committee
VOTED: (Roach/Grasfield) Voted unanimously to reappoint the following to the Recreation Advisory Committee, expiration: 2006:
Stephen Lesco, Rick Schantz, Michael Goldstein, Jay S. Bronstein
Registrars
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Ronald Rogers as a Registrar, expiration: 2006
Sharon Cultural Council
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Georgette Kafka and Reisa Marlow for two-year terms to the Cultural Council, expiration: 2005.
Transportation Advisory Board
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Arthur Stein to the Transportation Advisory Board, expiration: 2006.
Water Management Advisory Committee
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Rory McGregor to the Water Management Advisory Committee, expiration 2006 and to appoint Paul Lauenstein and Richard Mandell, expiration 2006 and Mike Birchbach to fill an unexpired term, expiration, 2004.
Zoning Board of Appeals
VOTED: (Roach/Grasfield) Voted unanimously to reappoint Walter Newman as an Alternate Member and John Lee as a Regular Member of the Zoning Board of Appeals, expiration: 2006.
Capital Outlay Committee Chair Appointment
Selectman Roach discussed comments received from interested citizens that this important position was not adequately advertised. Rita Corey stated, upon review of the Selectmen’s Policy re Appointments to Committees (Policy #2), she would like to ask the Board to add language thereto requiring that advertisement be made in the newspaper as well as Cable TV as many people do not have Cable. She further recommended that appointments be made as soon as possible after all those interested were interviewed. Chair Katz stated that these were good suggestions.
VOTED: (Roach/Grasfield) Voted unanimously to advertise in the Sharon Advocate and on Cable TV for an additional two weeks the one-year position as Chair of the Capital Outlay Committee.
It was the consensus of the Board to continue to advertise for the following: Sign Committee, Historical Commission, Cable TV Advisory Board, Sharon Cultural Council and Development & Industrial Committee.
One-Day Liquor License - Neponset River Watershed Association
VOTED: (Roach/Grasfield) Voted unanimously to grant a one-day liquor license to the Neponset River Watershed Association for its event at the Community Center on October 4, 2003.
Request for Banner - Sharon Public Library
VOTED: (Roach/Grasfield) Voted unanimously to grant a one-day liquor license to the Public Library for the dates October 20 - October 27, 2003 in the Second Position.
Selectmen’s Goals and Objectives
This item was deferred until a later meeting.
Selectmen’s Policies - Annual Review
This item was deferred until a later meeting.
Request to Rename Community Center Drive
At the request of Ben Puritz, this item will be forwarded to the Recreation Advisory Committee for its input.
Procedure for Appointment
Selectman Roach noted correspondence from Alice Cheyer, dated September 16, 2003, recommending changes to the procedure for appointments to committee volunteers. The Board will consider these comments during the Board’s annual review of its policies.
Rehabilitate and Expand the Existing Police Station
In answer to questions by Selectman Grasfield, Ben Puritz stated that this item had been deferred waiting for the issuance of the Facilities Planning Committee Report. Funding was approved at Town Meeting.
Assessment of County Taxes
In answer to the question by Selectman Grasfield, Ben Puritz stated that this figure of $113, 412
is the same figure as contained within the Revenue Forecast.
Emergency Operations Planning Grant
In answer to the question by Selectman Grasfield, Ben Puritz stated that the Board will have a letter prepared for tomorrow and the Chair Katz will sign authorizing the Fire Chief to sign the contract.
Massachusetts Municipal-Industry Wireless Collaborative Mediation Pilot Program
Selectman Grasfield asked questions on the letter received from the Office of Consumer Affairs and Business Regulation, dated September 15, 2003 re a voluntary Mediation Pilot Process. Ben Puritz stated that he forward this to Town Counsel for his consideration with regard to pending litigation.
Housing Starts Application - Residences at Old Post Road
Selectman Grasfield noted letter from the law office of Davis Malm & D’AGOSTINE, dated September 18, 2003 with comment that “there is little opposition to this proposed development,”
and Selectman Grasfield strongly encouraged the Board of Selectmen to engage and provide comments in the future so that our inaction could not be potentially mischaracterized by applicants.
MMA (Massachusetts Municipal Association)
Selectman Grasfield noted correspondence from the MMA and questioned the Town’s membership in this organization whose purpose seems to be invariably to be requests for additional funding. Selectman Roach asked if Selectman Grasfield was suggesting that the Town drop out of MMA and Selectman Grasfield, replied, “yes, actually I am.” Selectmen Roach pointed out that MMA also hosts seminars that he has found beneficial.
New Business
Selectman Grasfield requested that there is some urgency for discussion of the revenue forecast, and review of capital outlay projects to date with the amount of borrowing for the current year and a report of historic spending, to include what we are willing to borrow for the current year.
Chair Katz stated that we may need to schedule an additional meeting for this purpose. Ben Puritz stated that certain information is unavailable at this time including free cash and the balance sheet.
Selectman Grasfield stated that he would like to schedule a meeting with members of FINCOM, Capital Outlay Committee, and Priorities Committee to discuss these issues. Chair Katz suggested that this be made part of the Priorities process. Ben Puritz stated that the Department Heads will be presenting their capital outlay requests at the next meeting for initial review by the Board.
Capital Outlay Chair Appointment
Questions were asked as to the history of the Selectmen’s Appointment to this position and why an existing member could not fill the position of Chair. Selectman Roach stated that members were made up of representatives from various boards and that the regular member would not want to give up its vote to serve as Chair. The Chair only votes to break a tie.
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 9:50 P.M.
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