November 18, 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, 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: (Grasfield/Roach) Voted 2-0 (N. Katz abstained) to approve the regular session minutes of November 4 , 2003, including Executive Session , as corrected:
Under: Tax Classification Hearing - Mark Mazur, Board of Assessors
Add: “Ms. Keefe said that the same increases have been experienced within the Town of Stoughton.”
VOTED: (Grasfield/Roach) Voted 2-0 (N. Katz abstained) to approve the special meeting minutes of November 7 , 2003.
MetroFuture - Debi Pitman
Sharon resident Debi Pitman was present to discuss a seminar “Visions Across the Region” sponsored by the Metropolitan Area Planning Council (MAPC). She spoke about her participation and the need for Sharon residents to participate in the development of an update to the regional plan. George Bailey, Sharon’s representative to the MAPC, is a member of the Interim Steering Committee. She stated that the stated goal of the seminar “was to begin to create a vision for the region, as we would like to leave it to our children.” Ms. Pitman stated that it is her goal to ask for more participation from Sharon residents as this regional planning process continues with smaller meetings over the next few months. She stated that it is important for Sharon to
participate as: (1) Sharon has no professional planner and will benefit by increasing its knowledge base; (2) Sharon has already been represented by herself as a resident and it would be good to continue to have representation; and,(3) we are being asked to participate. George Bailey will make the meeting dates available on the website.
Budget Review - Department of Public Works
Eric Hooper, was present to review the preliminary FY’05 Budget for the Department of Public Works in the amounts of $1,869,537 primary, $2,093,929 plus and $1,794,150 minus.
Mr. Hooper stated that under the level-funded budget two positions are eliminated, one full-time position from DPW Operations and one part-time custodial position. Two positions remain unfilled from the FY04 budget, Town Engineer and Forestry and Grounds Equipment Operator.
In answer to the question by Selectman Grasfield, Mr. Hooper replied that expenses for contracted services for street sweeping were reduced and this function was done in-house, with some delay due to contractor lack of performance.
Budget Review - Water Department
Eric Hooper, was present to review the preliminary FY’05 Budget for the Water Department in the amount of $3,015,739 primary.
In answer to the question by Selectman Grasfield, Mr. Hooper replied that the $1.5 million proposed for the acquisition of Rattlesnake Hill would be borrowed and not taken from the Water Department surplus as to use these funds would delay other projects.
Budget Review - Street Lights
Eric Hooper, was present to review the preliminary FY’05 Budget for Street Lights in the amount of $161,985 primary.
Citizen’s Petition - John Verrett
Mr. John Verrett was present on behalf of the Cottage Street neighborhood of discuss grievances against the Standing Building Committee, to include:
problem with one Committee of Volunteers overseeing large construction projects happening simultaneously;
Committee has no oversight or Supervision - have all the authority without having to be responsible to anyone;
not responsive to the concerns of the neighbors;
the Standing Building Committee did not keep promises to the neighbors and allowed architect’s mistakes to go uncorrected, re trees and loss of green space;
problem with exterior lighting that is deemed to be “excessive;” and,
Committee members were alleged to be “rude in their responses” and did not respond to correspondence.
Selectman Roach stated that he would like to present a list of the grievances against the Standing Building Committee to the Standing Building Committee and see if the mistakes can be corrected. He also recommended that two or three residents of the neighborhood participate on the Committee for projects in their neighborhood. Resident Andy Nebenzahl stated that the process was frustrating and goes back three-four years. Concern was expressed for future building projects, including the Wilber School. Mr. Sam Liao stated that he believed that the Standing Building Committee had too much “independence.” Mr. Liao stated that the Standing Building Committee needs a new model and that a construction manager should be hired to take care of the details of each building project. It
was further suggested that the charter of the Standing Building Committee be looked at for making changes and that the Government Study Committee be asked if they could make the Standing Building Committee a better Committee.
Council on Aging Board Chair Arnold Kublin stated that his experience working with the Standing Building Committee on the design for the Wilber School was very positive and he admired the talent and professionalism of the members of the Standing Building Committee.
Mr. Verret agreed that the members of the Standing Building Committee do put in long hours, but that his experience with the group has been “shocking.”
No members of the Standing Building Committee were present; however, a letter was forwarded by the Standing Building Committee, dated November 14, 2003 in response to the concerns raised within the petition filed by the neighborhood to be added to the record of the meeting. The letter was not read but is attached hereto as an addendum to the Minutes.
It was the consensus of the Board to refer this matter to the Government Study Committee for its review. Selectman Grasfield stated that he would like something prepared to be voted on at the Annual Town Meeting and he suggested that the Standing Building Committee be invited to appear at a Selectmen’s Meeting to go through the list of concerns and discuss it with them.
Chair Katz agreed that this should be an agenda item.
Recess
It was the consensus of the Board to take a five-minute recess. The Board recessed at 8:55 P.M.
The Board reconvened at 9:00 P.M.
Long Range Planning - George Bailey
Mr. Bailey was present to discuss findings of the Long-Range Planning Committee. He discussed further looking at all capital spending not just borrowing as capital and making public a long-range capital plan. Other items mentioned included the proposed acquisition of Rattlesnake Hill and borrowing from the Water Department and the impact of 40B development; implementation of Executive Order 418; disappointment that the Town did not adopt the Community Preservation Act; need for “smart growth kind of project.” He discussed suggestions re pricing railroad parking to “maximum” use of parking lot, i.e., reducing quarterly charge; pricing high school parking equal to annual bus fee; and, return of value to the Town for assets Town conveyed to the Water Department. The Long-Ranging Planning report is available on the Town’s website. The need for more professional staff to assist the Planning Board, Finance Committee, and Board of Selectmen was briefly discussed. Mr. Bailey
touched upon regional planning through the MAPC.
Council on Aging Survey - Norma S. Fitzgerald
Director of Council on Aging Norma S. Fitzgerald was present to discuss the results of a survey from the senior citizens in Sharon. She stated that 798 replies represented a strong response to the survey. She stated that it is significant that there were 499 replies that stated that “property taxes are unaffordable.” Other concerns included transportation issues and need for a senior center. Chair of the Council on Aging Board Arnold Kublin stated that issues of property taxes for seniors and need for affordable housing need the support of the community. Council on Aging Board member Mel Leventhal discussed the need for property tax relief for senior citizens.
Selectman Grasfield suggested that the full survey be available on the website, that there be an article dealing with zoning for senior housing for the annual town meeting warrant, that we consider a local initiative for senior citizen housing under Chapter 40B, and that we consider additional subsidies for senior property tax relief. Mr. Leventhal stated that they backed off from seeking more tax relief last year, but this year that are “backing off from nothing.” Selectman Grasfield stated that he supports the use of the overlay account to fund additional tax relief.
Southeast Regional Services Group - Award Contracts - DPW Supplies
The Board reviewed a Memorandum from Marie E. Cuneo, Business Manager, dated November 13, 2003.
VOTED: (Roach/Grasfield) Voted unanimously to award contracts to the bidders as listed as an attachment to the Memo from Ms. Cuneo, dated November 13, 2003, for those items for a twelve-month period commencing on January 1, 2004. This award is conditioned upon the receipt of the appropriate documents as specified in the IFB from Southeast Regional Services Group.
Approve Donation of Sick Time
The Board reviewed Memorandum from Eric R. Hooper, Superintendent of Public Works, dated November 13, 2003 seeking approval of a donation of sick time from DPW employees to Tom Kelly to cover him during a period of recovery from surgery.
Selectman Grasfield stated that he supports this donation of sick time to Mr. Kelly; however, he feels it should be sent to the Personnel Board for its approval as it is part of the Personnel Bylaws. Selectman Roach disagreed quoting an opinion from labor counsel that it is under the “purview of the Board of Selectmen.” Chair Katz agreed with Mr. Roach, and it was stated that “time is of the essence.”
VOTED: (Roach/Katz) Voted unanimously to transfer the 37 days of sick leave from DPW employees to Tom Kelly.
Selectman Grasfield requested that a memo be sent to the Personnel Board seeking clarification of its bylaws re this “gift of time” and seeking its concurrence. In the event that they do not approve, Selectman Grasfield stated that this Board would still grant it.
Request for One-Day Liquor License
VOTED: (Roach/Grasfield) Voted unanimously to grant a One-Day Liquor License to the East Elementary School for a function to be held on November 22, 2003 at the Sharon Community Center.
Carry-Forward Items
Selectman Roach suggested that a special meeting of the Board be held during the day to discuss both the Selectmen’s Policies and the Selectmen’s Goals. This meeting will be publicized.
Taking of Minutes
The Board noted that the District Attorney’s Office will conduct a workshop on the Taking of Minutes at its next meeting.
Old Post Road - Proposed 40B Development
The Board noted Memo from Chief Bernstein to the Board of Appeals on this matter. The Board of Selectmen will forward its own comments.
Cobbs Corner/South Main Street Rezoning
Selectman Roach suggested that the Memos from Larissa Brown, dated November 12, 2003, on the financial impact of the rezoning on eight parcels in the Cobbs Corner and the rezoning of the South Main Street Area be placed on the website.
Rattlesnake Hill
The Board reviewed a draft letter addressed to Eric Kriss, Executive Office for Administration and Finance, re state funding for the acquisition of this property if the Town votes in favor of partially funding this acquisition at the Special Town Meeting and by ballot question. Ben Puritz announced that this question could be added to the ballot of the March primary election.
Selectman Grasfield announced that he has been advised by Town Counsel that he can speak about this project and has fulfilled the procedures re possible Conflict of Interest. He stated that he is a strong proponent to this acquisition. He further stated that he would like to make a change in the language of this draft letter in regard to the borrowing of the 1.5 from the Water Department. Selectman Grasfield stated that we should discuss the possibility of using the funds in the Water Surplus Account for this purpose.
VOTED: (Grasfield/Roach) Voted unanimously to support the article for the 7.5 million by the Town for acquisition of Rattlesnake Hill either by full borrowing or use of water surplus funds for $1.5 million.
The letter to Mr. Kriss will be redrafted and ready for signature.
Main Street Project
Ben Puritz updated the Board re this reconstruction project and stated that bid date is December 2, 2003.
Sale of Bonds
VOTED: (Roach/Grasfield) Voted unanimously that the sale of the $1,550,000 Municipal Purpose Loan of 2003 Bonds of the Town dated November 15, 2003, to Corby Capital Markets, Inc., at the price of $1,560,133.90 and accrued interest is hereby confirmed. The bonds shall be payable on November 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:
Year of Principal Interest Year of Principal Interest
Maturity Amount Rate Maturity Amount Rate
2004 $310,000 2.00% 2007 $310,000 2.50%
2005 310,000 2.00 2008 310,000 2.75
2006 310,000 2.00
Further Voted: to confirm the provisions of the Bond Purchase Agreement, dated November 14, 2003.
On-Street Parking
Selectman Roach requested that Mr. Hooper send recommendations to deal with the on-street parking problem for snow removal during the winter. Chair Katz stated that we need a strong policy and that a warning notice be placed in the newspaper. Ben Puritz suggested that the Police Chief send in his report on this subject.
Michael Grove
Selectman Grasfield sadly noted the passing of Personnel Board member Michael Grove.
Senior Tax Relief
Selectman Grasfield requested that this be added as an agenda item for the next meeting.
Pre-Town Meeting
Resident Alice Cheyer requested that Selectman Grasfield follow-up with the Town Moderator to see if the topic of improving town meeting could be discussed during the Pre-Town Meeting Meeting. Selectmen Grasfield promised to get back to Ms. Cheyer.
Executive Session
VOTED: (Grasfield/Roach) 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; Katz, aye.
The Board entered into Executive Session at 10:45 P.M.
Addendum:
 Sharon Standing Building Committee Sharon, Massachusetts 02067
November 14, 2003
Mr Ben Puritz
Sharon Town Manager
Sharon Town Hall
90 South Main Street
Sharon, Massachusetts 02067
Dear Mr. Puritz:
The Sharon Standing Building Committee (the “SSBC”) would like to briefly respond to the petition filed with the Board of Selectmen on October 17, 2003, which raises concerns regarding the conduct and legal functions of the SSBC.
At the outset the SSBC would like to state that it was surprised at both the content and tone of the petition. As the Board is aware, the SSBC has overseen the construction of the Cottage Street Elementary School for the past several years. Over that period of time citizens have at times voiced concerns regarding specific elements of the Cottage Street Elementary School project, including the lighting referenced in the petition. However, at no time prior to the filing of this petition has a group of citizens formally raised any of the enumerated concerns regarding the functioning or performance of the committee with the SSBC that would have allowed the committee itself the opportunity to address the grievances.
The petition raises six specific issues, purporting to be complaints regarding “the performance of the SSBC. However, the first three of these issues are not related to the committee’s performance, but rather represent complaints with the legal foundation and functions of the SSBC. The petitioners assert that the SSBC: operates without supervision or oversight; is potentially overburdened by the number and scope of its projects; and that the legal composition of the committee does not permit sufficient representation by those most affected by the work of the SSBC. To the extent that these complaints are valid, they do not represent issues regarding the performance of the SSBC, but rather are political questions that properly have been, or should be, addressed by Town Meeting.
However, the committee would like to note that it is our understanding that the SSBC was created to be an apolitical committee of technical professionals and volunteers from the community, which would oversee certain public construction projects. As such, many of the complaints raised by the petitioners were addressed by Town Meeting in its debate and vote to create the SSBC in its current form. The charter of the SSBC that was approved by Town Meeting, with the recommendation of the Board of Selectmen, purposely insulated the committee from political whims and parochial objections by avoiding supervision of the committee’s management of public projects by other town officials. Similarly, the very creation of one standing building committee to replace the past parade of ad-hoc committees for
individual projects is evidence of the Town’s intention to create an institution with the expertise and the institutional memory that could better serve the town’s interests in successive public construction projects. Finally, the charter of the SSBC that was approved by Town Meeting specifically requires the committee to have a voting representative from the segment of the Town that is directly affected by the project, in this case the Sharon Public Schools. It is also important to note that the school department’s representation before the committee has not been limited to the voting member assigned to the SSBC; Mr. Ken Wertz has attended virtually every SSBC meeting, and has worked closely with the committee, architects, managers and contractors throughout the project. Dr. Claire Jackson and several other administrators and educators from the public schools have regularly attended and cooperated with the SSBC. Their input has been
indispensable to the success of the projects.
With respect to the three final issues raised by the petitioners, the SSBC denies that it has, as the petitioners allege, ignored, minimized or otherwise dismissed their concerns. The SSBC has provided effective communication to the petitioners through several channels. Under state law, all meetings of the SSBC are held publicly, and notice of all meetings is posted at the town offices, the SSBC office and on line. Any interested citizen is welcome to attend any or all meetings, keep informed of the projects supervised by the SSBC, and be heard on any issue before the committee. Moreover, on multiple occasions the abutters were provided individual notice of particular meetings, as well as additional site meetings held regarding the Cottage Street Elementary School.
The public records of the SSBC clearly demonstrate that the committee has at all times endeavored to communicate with and address the concerns of individuals impacted by the project. In direct response to the concerns raised by citizens the SSBC took several measures to alter the construction plans at the Cottage Street Elementary School. Its architects and engineers informed the SSBC that the lights that were designed for the parking lot of the school met the minimum recommended standards. Based on this information, the committee was unable to alter the set up of the lighting scheme at the school. However, in response to the concerns raised by citizens at a regular meeting, the SSBC instituted a change order regarding the front parking lot lights that would allow for individual switches of the
lights, which the school department could use to lower the light level during its operation of the school. The SSBC assumed an added expense of approximately $10,000 to address this concern. Similarly, in response to concerns raised by the abutters in April 2002, regarding the inadvertent removal of a tree at the school, the SSBC, after hearing from those concerned, promptly sent letters directly to the abutters informing them of a resolution and invited additional comment. The steps taken by the committee and its efforts at communication with the citizens on this occasion were praised by some of petitioners before the board today. These are but two examples of the ongoing efforts made by the SSBC to complete the projects under its supervision in an efficient and professional manner, while addressing the concerns of the community.
The SSBC, whose members are appointed and are largely experienced professionals, as well as other citizens with substantial experience in the governance of the Town, reflects the purpose of the initial charter that created the committee. The members of this committee have faithfully and in accordance with the charter, worked to manage the public projects with which they have been charged, and any of the petitioners’ complaints regarding the legal authority and composition of the SSBC should properly be addressed by the Government Study Committee or ultimately Town Meeting. In the mean time, the SSBC will continue to cooperate with the school department and the community at large to successfully complete the projects under its supervision.
We request that you have this read into the minutes of the appropriate Board meeting.
Very truly yours,
SHARON STANDING BUILDING COMMITTEE
David Belton
Deborah Benjamin
Fred Clay
William Croteau
Gordon Gladstone
Linda Lurie
Brian Pariser
Tim Quirk
Joel Wolk
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