March 9, 2004
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 7:32 P.M.
Minutes
VOTED: (Roach/Grasfield) Voted unanimously to approve the Executive Session Minutes of March 2, 2004 within Executive Session and to approve the minutes of March 2, 2004 as presented.
Proposed Warrant Article - Design & Construction Projects
Andy Nebenzahl, Sharon School Committee member, was present on behalf of the School Department to discuss a Draft Warrant Article for the Annual Town Meeting. This article will amend Article 3, Section 6 of the Town’s General By-Laws relative to design and construction projects for which the Standing Building Committee exercises responsibility by changing the words “up to $500,000" to “up to $1,500,000" and by amending Paragraph 5 of Section 6, by changing the words “in excess of $500,000" to “in excess of $1,500,000.” Mr. Nebenzahl emphasized that this draft article is just a place holder at present and has not been voted on by the School Committee.
The purpose of this draft article is to allow smaller items such as the upcoming project for asbestos removal at the Cottage Street School to be administered by the School Department. It is thought that it would be more efficient for smaller items of repairs and maintenance of existing buildings to be managed by the School Department while the larger construction projects are managed by the Standing Building Committee. The project for asbestos removal will be under a constrained schedule for completion during the summer and before the next school year.
Mountain Street Repair - Menotti Giorgio
Mr. Giorgio, a resident of Mountain Street was present to discuss the need for repairs to the unpaved section of Mountain Street. Mr. Giorgio made the following points:
the unpaved area in front of his home is now a “mud pit” and his car recently became stuck in the mud in front of his house;
there have been many meetings on the subject of repairing/repaving Mountain Street;
previous cost estimates from DPW have shown that it costs the Town more to continuously repair with dirt than it would cost to put on a more longer lasting binder;
he has been asking to have this road paved for over twenty years;
it has been recommended by DPW to put a binder on this section of the road since 1991;
the road is now unsafe for passage and affects emergency vehicles response time; and,
he is asking now for the Board to vote to direct the DPW to put a binder on the road in front of his home.
Selectman Roach spoke about doing a site visit and speaking to Eric R. Hooper, Superintendent of Public Works who informed him that the condition of the road is “like Jell-O” and the best that could be done now is to place barrels at the site until the road can dry out. Mr. Hooper would then like to install pipes underneath the road and do some excavation work to take care of the water problem before dealing with the surface of the road. Selectman Grasfield concurred that this road is a dangerous situation, and recommended the immediate repair of the section in front of Mr. Giorgio’s house as well as the other two similar spots and further recommended scheduling a public hearing.”. Chair Katz reminded the Board of the opposition to paving Mountain Street by other
residents of Mountain Street. Mr. Giorgio stated that some residences who live on the paved section of Mountain Street have been outspoken about being opposed to paving the unpaved section and that, “it will get ugly” if we have another public hearing on this matter.
Town Administrator Ben Puritz stated that the paving of the road is within the Board’s authority subject to the rules of the County Commissioners.
MOTION: (Roach ) to do the necessary repairs to this section of Mountain Street and that we put some type of binder on the road when weather permits.
There was a brief discussion as to whether the vote should be conditioned on having a public hearing. It was decided to not make this part of the vote.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to do the necessary repairs to this section of Mountain Street and that we put some type of binder on the road when weather permits.
Zoning Board of Appeals
VOTED: (Roach/Grasfield) Voted unanimously to move Richard A. Powell up to a full member of the ZBA, continuing his term to expire: September 2004.
The Board discussed two candidates for appointment as an alternate member: Henry B. Greenberg interviewed on March 2, 2004 and Lee Wernick who was interviewed in December 2002. It was the consensus of the Board to not make an appointment this evening but wait to ask Mr. Wernick if he is still interested in being considered for appointment.
Historical Commission
VOTED: (Roach/Grasfield) Voted unanimously to appoint Brent L. Gundlah as an Alternate Member of the Historical Commission, Appointment to expire: September 2006.
VOTED: (Roach/Grasfield) Voted unanimously to change the membership of Deborah Pitman from an Alternate to a Full Member of the Historical Commission, continuing her term to expire: September 2006.
VOTED: (Roach/Grasfield) Voted unanimously to change the membership of Reese Schroeder from a Full to an Alternate Member of the Historical Commission, continuing her term to expire: September 2005.
D & D Limousine
VOTED: (Roach/Grasfield) Voted unanimously to authorize the Chairman to sign on behalf of the Board a letter addressed to Massachusetts Port Authority stating that:
The Town of Sharon does not have private Limousine/Livery requirements and has no objection to D & D Limousine Service operating within and through its boundaries.
Contract for Water Supply Pre-screening Evaluation
The Board reviewed Memorandum from Eric R. Hooper, Superintendent of Public Works, dated March 5, 2004, recommending that the Board award a contract in the amount of $4,800 to ESS Group, to perform the Scope of Work as attached thereto.
It was explained that the Water Department solicited proposals from engineering consulting firms to perform a water supply pre-screening evaluation for five sites identified by the Water Management Advisory Committee (WMAC).
There was a brief discussion as to permission to enter the Gobbi site (listed as one of five). Selectman Grasfield stated that on following up on permission to enter the property, he was informed by the previous owners that the property has been sold to Intoccia and he would need to contact that company for permission. It was suggested that if permission was not granted to enter the Gobbi site, there may be a change in the price of this contract. It was the consensus of the Board to hold this item. Ben Puritz stated that the contract price is guaranteed for 30 days.
Questions were asked about the addition of Briggs Pond/Puds Pond area near Mountain Street and Bay Road. Paul Lauenstein of the Water Management Advisory Board stated that this was a new site added as part of the “leave no stone unturned” philosophy.
Contract for Consumer Confidence Report Preparation
The Board reviewed Memorandum from Eric R. Hooper, Superintendent of Public Works, dated March 5, 2004 recommending that the Board award a contract to Weston & Sampson in the amount of $2,300 to prepare a Consumer Confidence Report in accordance with Federal EPA Regulation 40 CFR Parts 141 and 142. As a public water supplier the Town is required to prepare a Consumer Confidence Report (CCF) that is distributed to the residents of the Town.
Selectman Grasfield suggested that the Scope of Work seems to involve a project that could be bid out as a printing job as all the data was being compiled by the Town. It was the consensus of the Board to defer action on this Contract until further information from Eric R. Hooper, Superintendent of Public Works.
FY’04 Law Budget Status Alert
The Board reviewed Memo as prepared by Town Administrator Ben Puritz, dated March 8, 2004, showing that 71.5% or $67,964.90 of this budget has been utilized for the balance of the fiscal year. The total amount appropriated is $95,000. There is extensive activity remaining with the upcoming Annual Town meeting and two significant matters of pending litigation.
It was the consensus of the Board to meet with Town Counsel and both members of the Finance Committee and the Zoning Board of Appeal on this matter. There was a discussion as to whether this should be one or two meetings.
Nomination of Inspector of Animals
The Board reviewed letter by the Department of Agricultural Resources, dated March 2, 2004 requesting that the Board nominate an Inspector of Animals.
VOTED: (Roach/Grasfield) Voted unanimously to re-nominate Edwin Little as the Inspector of Animals for the year beginning May 1, 2004 and ending April 30, 2005.
Change in Beach/Boat Stickers
The Board reviewed memo from David I. Clifton, Recreation Director, dated March 9, 2004 recommending changes in the beach/boat sticker fees for the summer of 2004. A Public Hearing will be scheduled after the required three-weeks advertising. Selectman Grasfield suggested that sometimes a lower fee will actually increase revenues by increasing participation and request rational for the proposed increases.
Southeastern Regional School District Assessments
The Board noted the amount of $78,157 for its 2005 Assessment. It was noted that there was also correspondence from the Selectmen in West Bridgewater, dated March 3, 2004 re legislation to change the assessment formula. Town Administrator Ben Puritz stated that he and Selectman Roach will be attending a meeting on this issue and will report back to the Board.
Free Cash Certification
The Board noted correspondence from the Division of Local Services certifying the amount of available funds or “free cash” as of July 1, 2003 for the Town of Sharon is $1,051,399.
Contract with Crest Associates
Selectman Grasfield noted correspondence from the Police Chief to Crest Associates, dated March 4, 2004 re payments made to provide a comprehensive assessment of the Town’s radio communications. Town Administrator Ben Puritz stated that this matter has been referred to Town Counsel. Selectman Grasfield requested an opportunity to discuss this situation before the Board.
Sharon Teen Center Funding
Marjorie Mitlin and Bill Kelly of the Sharon Teen Center were present to discuss the Teen Center budget shortfalls. They gave a brief history of the Teen Center and its current programming. They were hoping that the Town would look to incorporate the Teen Center within its Recreation Department and to make up the funding that was being contributed from a generous benefactor ($25,000 per year) until they form a partnership with the Hockomock YMCA in Foxboro. This matter will be added to the list of topics for the next Priorities Committee Meeting. Selectman Roach agreed to present it himself. The other members of the Board and resident Paul Bergeron spoke in support of this worthwhile program. Selectman Grasfield suggested that the Teen Center seek to relocate within School/Town
facilities.
Senior Citizen Property Tax Exemptions
Selectman Grasfield raised this matter under Other Business so that it would be discussed before the next Priorities Committee meeting scheduled for Thursday. He stated that the action of last Town Meeting was to set aside monies under the overlay account of $300,000 for these property tax exemptions. After a meeting with the Board of Assessors, he understands the Board of Assessors has voted to release that money for FY’05 as the FY’04 exemptions only totaled $31,000. Norma Simons Fitzgerald, the Director of Council on Aging, was present to discuss the need to have these funds available for additional exemptions. She spoke about working with the legislators to get additional exemptions, and that there is expected to be greater participation in the exemptions that are presently
available. Selectman Grasfield spoke about the need to promote the exemptions to those that are eligible.
Town Administrator Ben Puritz discussed the overlay account and said that the release of this money would not limit the Town in granting these exemptions and that the Board of Assessors has never had a deficit in the overlay account. Selectman Grasfield disagreed that this account is independent of the Town’s ability to fund senior exemptions and that money should be available to be used for senior exemptions as was the intent of Town Meeting.
Chair Katz stated that he wanted to hear from the Board of Assessors. Town Administrator Ben Puritz insisted that the ability for seniors to access and receive exemptions is not compromised. Selectman Grasfield noted that last year the Board did not increase the exemptions to its full amount allowable under the statute, but increased the amount by half. Selectman Grasfield suggested that the Board recommend to the Priorities Committee that this money not be reallocated. Resident and Veterans’ Agent Paul Bergeron supported Selectmen Grasfield’s position discussing the fact that it is difficult for seniors to sign up for the exemptions they are qualified to receive. He stated that the Town should not make changes until a full assessment is made of the impact of this program. Ms. Fitzgerald spoke about the additional exemptions that may be available shortly and that she anticipates a menu of exemptions for consideration by the Town as to what is affordable.
MOTION: (Grasfield) to preserve the $300,000 appropriated for the purpose of Senior Citizen Property Tax Exemptions.
MOTION NOT CARRIED
Chair Katz and Selectman Roach stated that they want to ask questions of the Board of Assessors. This will be continued for the next meeting.
Executive Session
VOTED: (Roach/Grasfield) Voted unanimously to enter into Executive Session for the purpose of discussing matters of Collective Bargaining and pending litigation and to adjourn at the conclusion thereof.
Roach, aye; Grasfield, aye; and Katz, aye.
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