October 21, 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 7:30 P.M.
Minutes
VOTED: (Roach/Grasfield) Voted unanimously to approve the Executive Session minutes of October 14, 2003 as presented and the regular session minutes as corrected:
Under Borrowing Policy
Add Sentence after reference to Moody’s and Standard & Poor’s..: Selectman Grasfield requested that these materials be available for future discussions.
Under Request for Reimbursement - Legal Services
Delete:
It was stated that these expenses were generated by Mr. Grasfield. Selectman Grasfield appeared astounded by the charge of $544 for what he said was a two- minute telephone conversation that would require little research.
Replace with:
It was stated that these expenses were generated in response to questions by Mr. Grasfield. Selectman Grasfield appeared astounded by the charge of $544 for what he said was a two- minute telephone conversation that was a simple conversation with Attorney Beach.
“Say No to Hate Virgil” - Affirming Diversity Committee
David Blocker was present representing The Sharon Affirming Diversity Committee, and to urge all Sharon residents to light a candle on Sunday night, October 26, 2003 in silent witness to our protest against the hate leafletting on October 5 in Sharon and Easton. People are requested to join a vigil from 6:15 p.m. to 6:45 p.m. Sunday in Post Office Square.
Mr. Blocker presented another “No Place for Hate” sign to the Town.
Abutters to Sharon Country Club - Re: Spring Cell Tower
Town Counsel Richard A. Gelerman was present on behalf of the Town. Marguerite Murphy Solomon was present along with approximately 30 interested abutters/residents.
Attorney Gelerman began with a detailed explanation of the law and how it applies to this case. He reported on the Telecommunications Act of 1996 which states that if a gap exists for a certain type of technology then a local community cannot use zoning to prohibit the installation of a cell tower (or alternative measures) to cover the gap. He reported that the Town relied on an independent expert, Paul Trane, to determine whether or not a coverage gap exists and whether it could be filled from various locations. It is a fact that this gap does exist for Sprint and other companies that use the same technology, and it would be filled from a Tower at the Sharon Country Club. There are other locations that would also fill the gap, including the Hampton Road Water Tank and possibly
property owned by Massachusetts Audubon. Mr. Gelerman stated that the thinking of the Zoning Board of Appeals was to (1) try to find a location that is the least offensive and, (2) try to emphasize through settlement negotiations as many protections to the community as we could.
Attorney Gelerman stated that as a result of the objections of the abutters, discussions re the terms of settlement have stopped. He reported on a meeting with the Sharon County Club (SCC) to find another location as far away from any residents as we could get. A site was located in the middle of the 8th fairway, and, it appeared that the SCC would consider that alternative site as the SCC stated that was its original location. Mr. Gelerman discussed the 61B waiver from the Town that would be needed for this site. However, Mr. Gelerman was notified that, as of yesterday morning, the SCC had taken the position this site was not available - “off the table.”
Attorney Gelerman further stated that Town may have some flexibility with alternative sites including the Stanchion Site (off Route 27) and Audubon property subject to willingness of owners. However, he stated that we are “back to litigation.” He reported that negotiations with the company for a proposal for alternative technology , using fiber optics with existing telephone poles (distributive antenna system DAS), broke down when the company lost its “technical guy” Mr. Pigney. He stated that Mr. Pigney is now employed with an IBM Company and is now available to offer a proposal, as well as, NSTAR, which is involved with the pilot program in the Town of Milton. He advises that the Town issue an RFP for this “distributive antenna system” and invite NSTAR, Mr. Pigney, and anyone else to give a proposal to install this kind of system.
Attorney Gelerman commented on the petition article for Special Town Meeting regarding a moratorium for the placing of cell towers. He advised that the previous Attorney General had taken a position that he would not approve a nine-month moratorium for the Town of Wayland in 2000. Mr. Gelerman stated that a six-month moratorium that was well thought out may be accepted and would give time to compare the antenna system and allow for long-term planning for wireless technology. Mr. Gelerman stated that he was working toward putting a condition in the settlement agreement with Sprint that when alternative technology became feasible, it would be required that the Tower be taken down.
Attorney Gelerman discussed how difficult it was to balance the litigation strategy with the abutter’s “right to know.” He stated that he “erred” in not wanting to discuss litigation strategy. He reiterated that we have to abide with the Federal Law and that he felt that if the matter was settled in court, we would lose all control. He stated he would assist in drafting the moratorium article appropriately and that the SCC should hear from the Board of Selectmen to reconsider the alternative site away from residents. He also stated that the Town needs to make a determination if we should pursue settlement at the less favorable SCC site.
He stated that he thinks the Zoning Board of Appeals is inclined to resolve it, but the Board of Selectmen may take a different position.
Marguerite Murphy Solomon spoke on behalf of a group of neighbors in the Sharon Country Club area, she read a statement that included:
reference to a neighborhood meeting on September 16 from Gannett Terrace, Carbrey Avenue, Abbot Avenue, Tamarack Way, Oak Hill Drive, Fairway Lane, East Street and Lyndon Road to express concerns re plans to erect a Cell Tower on the Grounds of the Sharon Country Club;
reference to other neighborhoods who have reacted negatively to living in close proximity to cellular base stations;
appreciation re Attorney Gelerman, Selectman Katz and others for listening to their concerns;
petition article for a moratorium/wireless master plan article at Special Town Meeting, December 8;
info received from Kreines and Kreines - who conduct workshops for wireless planning;
award-winning model-bylaw by Kreines and Kreines for Cape Cod;
believes that if the Town capitulates to Sprint, we will have opened the floodgate;
disappointment with dealing with the members of the Sharon Country club; and,
questioned the charitable status and preferable tax status of the Sharon Country Club.
In addition, questions were asked relating to:
whether there have been other discussions with Sprint;
if the Selectmen will support the moratorium/wireless master plan article;
if the Selectmen will support a wireless planning workshop;
what is the date and time of the Country Club’s liquor license hearing;
what is the status of the building being constructed on the course; and,
when was the last Title 5 inspection done at the club:
Attorney Gelerman stated that he has been in contract with Sprint through its legal counsel and that he cautioned that it would not be appropriate to do anything of a retaliatory fashion. He further stated that the Town could not discriminate, but could enforce laws legitimately.
Resident David Bernard requested that due to the complexity of the communications law, the Town avail itself of some “expert advice.” He stated that Sprint has retained a large law firm specializing in this kind of law and that to level the playing field, he feels the Town should hire our own expert in communication law. He pointed out that the abutters have done so at their own expense. He stated that the DAS system is not new and is in place in the county of Finland as well as in California and Pittsburgh. He further stated that the DAS system is not expensive.
Attorney Gelerman responded that he had no problem with bringing in experts, with: “ I work for the Board, the Board doesn’t work for me.” Further discussion are planned with Mr. Pigney and NSTAR as to how quickly a DAS system could be installed. He stated further that there is a timing question and that we could let the Tower go up and then require it be taken down once there is a DAS system in place. This would be a requirement of the settlement with Sprint.
Attorney Gelerman stated that the Town will look at alternative technology and will relook at other locations. Sam Solomon discussed the need for the moratorium to allow the Town time to look at alternative technology and zoning, including use of high tension wires, and long-range planning to keep Sharon, as it is written in the center of the Town, Sharon a better place to live because it’s naturally beautiful. He further suggested, that if there is a settlement, there be language for a very strong bond to remove the tower. Mr. Solomon also gave the opinion that if we settle, “we lose control” and, “the Town should go ahead and fight it.” Attorney Gelerman disagreed and stated that we control the process by providing the
terms of the settlement.
In answer to questions re DAS technology and whether it could be installed quickly, Attorney Gelerman responded that, “we will do it if they say they can.” Ben Puritz stated that there are plans to have conversations with NSTAR. A possible problem with 90% of the telephone poles being owned by Verizon was discussed.
It was suggested that allowing the antenna to be placed on the Hampton Road Water Tank site would alleviate the necessity of having to construct a tower and then taking it down. It was also suggested that the Town limit the height of cell towers. Dr. Bernard suggested someone go to California and take photos of DAS in place to document.
In answer to the question,. Attorney Gelerman stated that the Town downs not have to provide for 100% coverage for each carrier, but that they do have to provide for coverage if there is a significant gap for a type of technology., i.e., propagation digital that Sprint uses.
Chair Katz stated that he is not in favor of any tower that would have an adverse impact on a neighborhood. It was decided that updates would be provided to the abutters through resident Sam Solomon.
Recess
It was the consensus of the Board to have a five-minute recess. The Board recessed at 9:00 P.M.
The Board reconvened at 9:07 P.M.
Budget Review - FICA - Treasurer
Rob Uyttebroek was present to review the preliminary FY’05 Budget for Medicare in the amount of $450,000 proposed. The preliminary FY’05 Budget for Social Security expenses is $45,000 proposed. In answer to Selectman’s Grasfield question, Mr. Uyttebroek replied that the increase in Medicare expenses represents in increase in employees (after 1986) who are required to participate in the program subject to provider match and replacing non-contributory employees. Mr. Uyttebroek also agreed to provide information regarding reduction in non-medicare salaried personnel.
Budget Review - Debt - Treasurer
Rob Uyttebroek was present to review the preliminary FY’05 Budget for Debt in the amount of $ 7,436,889 proposed. Long Term Debt (inside) is $2,552,987 (non-exempt) and $1,780,000 and $1,105,000 (outside-exempt). Interest for long term debt (inside-non-exempt) is $448,995; (inside (exempt) is $834,949; and (outside (exempt) is $632,723. Interest - Temporary Notes is $60,000 and receipts reserved for appropriation is $22,236. Mr. Uyttebroek discussed the reduction in debt services.
Budget Review - Council on Aging (COA)- Norman Simons Fitzgerald
Norma Fitzgerald, COA Director, was present to review the preliminary FY’05 Budget for COA in the amounts of $190,459 primary, $209,505 plus and $180,936 minus. Ms. Fitzgerald said that the Council represents about 14% of the over age 60 population. Ms. Fitzgerald also spoke about the need for $5,200 to replace a photocopier. Selectman Grasfield stated that perhaps this could be funded through unused year-end operating budget balances.
Budget Review - Accounting Department - Ben Puritz
This item has been deferred until the next meeting.
Request for Banner
VOTED: (Roach/Grasfield) Voted unanimously to approve a banner for the Sharon High School Theatre Company for Nov 17 - Nov 20 - First position and Nov. 21 - Nov. 24 - Second position.
Borrowing Policy
The Board reviewed a report by Rob Uyttebroek, Treasurer, dated 9/24/2003 showing Single Year Indebtedness & Debt Service for FY 2004. Selectman Grasfield asked for a follow-up discussion based on objective criteria and on our recent borrowing history for exempt and non-exempt debt.
Early Retirement Incentive Program (ERI)
Ben Puritz updated the Board re the Early Retirement Incentive Program and informed the Board that it is not an option to offer this program with a departmental basis at this date. There would be an estimated cost to the Town of $95,600 in retirement assessments, plus additional costs related to health insurance coverage, if all 29 employees who responded to the survey took advantage of the program. Mr. Puritz further stated that most communities are opting to not participate in this program this year.
VOTED: (Roach/Grasfield) Voted unanimously to not accept the Early Retirement Incentive Program.
Community Center - Space Utilization Update
Ben Puritz stated that the members of the Council on Aging and the Recreation Department will be working together to establish a space utilization timetable for its shared accommodations at the Community Center.
Estates at Borderland - Rattlesnake Hill
The Board reviewed a draft letter to the Zoning Board of Appeals regarding the Board’s comments on the 40B proposed development at Rattlesnake Hill. Selectman Grasfield will work on the language with Ben Puritz. Selectman Grasfield discussed certain objectives and requirements that he would like to see included in the special permits for the development of 40B projects to benefit the community. A discussion was initiated by residents as to how to get more information out to the public on the cost/benefits to the Town of acquiring the Rattlesnake Hill Property at the Special Town Meeting. The letter to the Zoning Board of Appeals will be redrafted to be mailed out by October 29.
Request for Public Hearing
Selectman Grasfield referenced a petition to the Board submitted by Margaret Verret and signed by numerous residents re grievances and concerns with the Sharon Standing Building Committee. This will be scheduled for an appointment before the Board.
MBTA Station Disability Issues
Selectman Grasfield referenced a copy of a letter send to various legislators from the Disabilities Commission Chair Sidney J. Rosenthal, dated October 9, 2003. Selectman Grasfield asked if there is anything else we can do to help make the Sharon Train Station accessible to the disabled. Ben Puritz stated that he would be following-up with our state legislators.
Support for Acquisition of Rattlesnake Hill
Selectman Grasfield noted letter of support of funding from the State for Rattlesnake Hill from the Town of Norwood.
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 10:00 P.M.
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