November 25, 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: (Roach/Grasfield) Voted unanimously to approve the minutes of November 18, 2003, as corrected and the Executive Session minutes as presented.
Corrections to Minutes:
Citizen’s Petition - John Verrett
Add: to name: Mr. John Verrett was present.....
Approve Donation of Sick Time
Para 4 - Change: “seeking its determination” to: “seeking its concurrence”
Cobbs Corner Rezoning
Change: Selectman Roach suggested that the Memo from Larissa Brown, dated November 12, 2003, on the financial impact of the rezoning on eight parcels in the Cobbs Corner Area be placed on the website.
To: 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 Areas be placed on the website.
Rattlesnake Hill
Add $ sign to the vote as: for $1.5 million.
Request for Banner
VOTED: (Roach/Grasfield) Voted unanimously to approve a banner for Temple Israel in the first place for the dates of December 26 to January 2, 2004. Since it is the Board’s policy to limit banners for one week and Temple Israel has asked to hang its banner to January 11, 2004, the Board will give permission for an extended stay if no other banner requests are received for that extended period.
Old Post Road, LLC - 40B Proposal
The Board reviewed a request for appointment from Steven Striar re proposed 66 apartment-style condominiums for residents 55 and older at Old Post Road. It was the consensus of the Board to schedule this appointment along with a similar appointment for Avalon Bay, a Local Initiative Program, proposing a Comprehensive Permit for a mixed-income apartment community on the 27-acre Goodband property with frontage on Norwood Street and Edgehill Road.
Capital Outlay Committee Representation
VOTED: (Roach/Katz) Voted unanimously to appoint David Grasfield as the Selectmen’s official representative, along with Selectman Roach, to the Capital Outlay Committee.
Select Date for Special Meeting
The Board will select a date for a Special Meeting to discuss carry-forward items, including the Selectmen’s Policies and the Selectmen’s Goals, after the holidays.
Commemorative Tree Program
Ben Puritz read correspondence from Linda Badoian, dated November 13, 2003 requesting the Board’s consideration of other trees planted by the Town in attractive areas as commemorative trees. Funds raised would go into the general recycling fund for trees planted in the Town. Additionally, Mr. Puritz stated that Ms. Badoian wants to clarify information printed in the Sharon Advocate to state that:
tree is dedicated in honor of person, place or event;
the honoree’s name is printed on a small brass plaque at the site and included on the large plaque in the Sharon Town Offices location;
information is placed in a Book of Evidence within the Town’s Clerk’s Office to be a book of history of this time in Sharon.
In answer to Selectman Grasfield’s question, Ben Puritz responded that the Recycling Fund is a revolving fund from monies earned from the Recycling Program and is used for beautification projects. After the money is used for the plaque in this program, the balance is to be used for additional tree planting in Town.
VOTED: (Roach/Grasfield) Voted unanimously to approve the designation of trees planted by the Town as commemorative trees.
Well Exploration Update
Rory McGregor and Paul Lauenstein, members of the Water Management Advisory Committee (WMAC), and Cliff Towner, Chair Lake Management Study Committee, were present to discuss well exploration. Mr. McGregor stated that the WMAC has agreed to form a subcommittee to look at a number of sites that are currently under investigation for well sites. He stated that Roger Thibault, and Paul Lauenstein, will also join this subcommittee. The subcommittee will determine what its priorities will be. Mr. McGregor stated that multiple locations will be investigated. He also stated that perhaps aggressive conservation efforts re withdrawal permit would mitigate against having to look for sites outside of the Town.
Selectman Roach suggested that the subcommittee look at the Gobi property off South Main Street as a priority as a well site. Selectman Grasfield stated he seconded “Joe’s Intention.” Canton Street was also discussed as a priority. Mr. McGregor stated that the time line for prioritization is within six months.
Richard Gray - Grievance with Building Department
Mr. Richard Gray was present to discuss his grievances with the Building Department.
Mr. Gray presented certain documents that he claimed were contradictory from the Building Inspector and the Superintendent of Public Works relating to installation of a wood stove in his reconstructed barn and discussed other grievances related to the reconstruction of a barn at 756 Mountain Street. Selectman Roach asked Mr. Gray if he would be willing to meet with him, the Building Inspector and the Superintendent of Public Works to work out the problems. Chair Katz agreed that it would be the best way.
Mr. Gray proceeded to discuss problems with record-keeping and the recording of variances. He wanted to discuss photos taken by former Assistant Town Engineer Charlie Sanchez of this property. Selectman Roach stated that this could be discussed at the suggested meeting.
Mr. Gray stated that he would prefer to do this in a public forum, but he agreed to participate in the meeting to be scheduled by Selectman Roach.
Taking of Minutes Workshop
Assistant District Attorney Robert C. Cosgrove discussed the Taking of Minutes. He stated that looking at samples of the Selectmen’s Minutes, it appears that the Board has a good understanding of the specific requirements of the statute for keeping meeting minutes. He stated that the requirements include, the date, the place, the time, who was present, what votes were taken, and the specific motions relative to Executive Session, including the roll-call vote, and whether or not it will come out of Executive Session. Other items discussed included:
there is no absolute answer on the amount of detail to include within the minutes;
most common complaints are in regard to Executive Session minutes, including the statutory reason for going into Executive Session;
if someone alleges a violation of the open meeting law within Executive Session, the burden of proof is on the particular board;
if the reason is Collective Bargaining, add the Group that one is discussing as well as the name of the matter if the reason is for Pending Litigation;
the Executive Session minutes are only secret for the period while the matter is pending and then they should be made public;
suggests a higher level of detail within the Executive Session Minutes;
suggests that the Board be careful not to stray from the topic of Executive Session;
if by human error, the Board discusses and votes on a topic not for Executive Session, take a curative vote to discuss and vote on the subject in open session;
observation of the 48-hour meeting notice law (excluding Sundays and holidays);
that approved minutes can be amended, reconsidered or corrected until there is a change in the make-up of the board;
if there is a dissenting vote on the approval of the minutes, it is up to the Board if they want to add a minority opinion or an addendum thereto; and,
that the minutes become public record as soon as they are created and should be released as a Draft to the public if requested and not later than within 10 days of the request.
Budget Review - Insurance
Ben Puritz reviewed the preliminary FY’05 Budget for Insurance in the amount of $5,735,996.00 in the fixed and uncontrollable category.
Worker’s Comp, Group Life, and Automobile are decreased, while Health Insurance, Police & Fire Accident, and General Liability are increased from FY04.
The Employee Insurance Cost Estimates were looked at closely with an increase in the budget of $496,770. It is expected that the Employee’s Health Insurance will increase 10% for the next year, except for Blue for Senior which is to be increased by 20%. Mr. Puritz stated that we anticipate no increase in enrollment for active employees. He stated that the prior year’s increase in health insurance costs absorbed the total tax increase allowable under Proposition 2 ½.
At present, the employee contributions to the indemnity program is 40% and to HMO Blue 20%. There would have to be a change through coalition bargaining to renegotiate the employee contribution. The Town is self-insured for health insurance and that account is now in balance covering its costs on a monthly basis. The Town uses the services of The Weiner Company for Comprehensive and General Liability.
Selectman Grasfield asked that comparable data requested from Peter Kenney re health insurance and increases be supplied to the Board. He also requested that comparable data requested from Blue Cross/Blue Shield for similar towns/municipalities be requested again and that the Employee Advisory Committee meet to discuss ways of reducing health insurance costs.
He particularly wants to look at other municipalities that have similar older employees in their network. Ben Puritz will follow up with Ann Hart Davies from Blue Cross/Blue Shield.
Senior Tax Relief/Exemptions
Selectman Grasfield stated that he requested that this item be placed on the agenda as last year when the additional exemptions from the State were considered, it was stated that it was late as it was not factored in the revenue forecast. Ben Puritz will follow up with the Assessors Office to discuss the process within the overlay account and to do an analysis of the costs of the exemptions. This would then be presented to Priorities Committee.
The Board discussed a meeting planned for Tuesday, December 2 at 9:30 a.m. at the Community Center to discuss this item with members of the state legislature. Selectmen Roach and Grasfield stated that they will plan to attend.
Selectman Grasfield requested that the Board of Selectmen take a position to actively pursue the exemptions available and to discuss to what extent they could be funded through the Overlay Account.
Position on Special Town Meeting Articles
1. Rattlesnake Hill Appropriation - ConCom
VOTED: (Roach/Grasfield) Voted unanimously to take a positive position on this article.
2. Creating a new business district on S. Main Street (across from Shaws plaza)
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed ) to take a negative position on this article.
3. Amending the Zoning Map - Reclassifying certain parcels of land off S. Main Street
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed ) to take a negative position on this article.
4. Amending the Zoning Map for the purpose of reclassifying certain parcels of land as part of the Professional District (N. Main Street).
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed ) to take a negative position on this article.
5. Expansion of the Conservation Subdivision Design eligibility by reducing the minimum size of eligible parcels and including Single Residence B.
VOTED: (Roach/Katz) Voted 2-0 (Grasfield abstained ) to take a positive position on this article.
6. Amend Certain Paragraphs of the Zoning By-Laws for the purpose of clarifying the Zoning By-Laws and correcting certain errors.
VOTED: (Roach/Grasfield) Voted unanimously to take a positive position on this article.
7. Amend the Sign By-Law, Article 12.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed ) to take a negative position on this article.
8. Rezoning - Route 1 - Auto Dealership
VOTED: (Roach/Grasfield) Voted unanimously to take a positive position on this article.
9. Petition Article - Moratorium for Wireless Facility Siting
VOTED: (Roach/Grasfield) Voted unanimously to take a positive position on the recommendation as made by the Finance Committee for a six-month moratorium.
Water Demand Study - Amendment to Contract with Metcalf & Eddy
The Board reviewed a Memo from Eric R. Hooper, Superintendent of Public Works, dated November 21, 2003, recommending authorization of this contract amendment in the amount of $12,600 to complete the project. This would increase the contract amount from $93,630 to $106,230.
MOTION: (Roach) to approve the Amendment to the Contract with Metcalf & Eddy, Inc., in the amount of $12,600.
Selectman Grasfield questioned the increase in the scope of services to include three different scenarios as requested by the Water Management Advisory Committee. Selectman Grasfield would like to investigate whether or not these tasks might be considered within the original contract for $93,630. He plans to met with Mr. Hooper for additional supportive information. Selectman Katz stated that he is prepared to vote in the affirmative.
VOTED: (Roach/Katz) Voted 2- 1 (Grasfield opposed ) to approve the Amendment to the Contract with Metcalf & Eddy, Inc., in the amount of $12,600.
Mr. Puritz stated after Selectman Grasfield follows up on this matter and has an opportunity to support the contract amendment, that would be welcome.
Bond Rating from Standard & Poors
The Board reviewed Memorandum from R. Uyttebroek, Town Treasurer, dated November 21, 2003 with attached affirmation of the “AA” bond rating from Standard & Poors. It states that the rating reflects the Town’s strong growth trend in property valuation, low debt burden, and adequate financial position.
Sick Days from Other Employees
Selectman Grasfield noted a letter from Dennis Friedman of the Personnel Board, dated November 14, 2003, and quoting from the Personnel Bylaws: “such leave in excess of one hundred fifty days, or in excess of any lesser amount actually accumulated, may be granted, other provisions herein notwithstanding, at the recommendation of the department head and appointment authority, and with the concurrence of the Personnel Board provided that all other accrued and available leave has been used.” It further stated that the Personnel Board should have been informed of this action. Selectman Grasfield stated that this letter was a follow-up to the first transfer of sick leave to an employee from other employees.
Assignment of FY03 Local Receipts on Version 1 of the FY05 Revenue Forecast
Selectman Grasfield referenced a Memorandum from R. Uyttebroek, Town Treasurer, dated November 24, 2003 regarding the revenue forecast. Mr. Uyttebroek discussed the problem of assembling a forecast prior to the completion of the FY04 Tax Recap. Raw data indicated $967,838.39 in “FY03 departmental receipts” whereas the FY04 Tax Recap, after a scrub by the Town Accountant, reduced this amount down to $4,571.”
Tax Rate
Selectman Grasfield would like to invite the Board of Assessors to attend the next meeting to discuss the setting of the tax rate.
Legal Bills
Selectman Grasfield noted that our current legal bills seem to be exceeding our annual budget. He asked for a quarterly update, to include all large and volatile accounts under the Selectmen’s Sector. Mr. Puritz stated that he would have a current spreadsheet of the law budget for the next meeting.
Overnight Parking
Selectman Roach discussed a Memo from Eric R. Hooper, Superintendent of Public Works, re an aggressive campaign to notify residents that overnight on-street parking is not allowed at any time in the Town during the hours of 1:00 am and 6:00 am. The Board reviewed a flier to be placed on cars parked in violation of the Town Traffic Rules and Orders notifying residents of possible ticketing and towing without notice during snow events.
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 9:50 P.M.
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