March 23, 2004
The regular meeting of the Board of Selectmen was held at 6:00 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. Richard A. Gelerman, Town Counsel, was also present.
The meeting was called to order at 6:04 P.M.
Minutes
VOTED: (Roach/Grasfield) Voted unanimously to approve the minutes of March 16, 2004, including the Executive Session Minutes.
Town Administrator Employment Agreement
The Board discussed the new Employment Agreement for the Town Administrator as prepared by Richard A. Gelerman, Town Counsel that was included on the Agenda.
Chair Katz stated that this Employment Agreement has been an “on-going saga” for nine months.
He voiced his ire re Selectman Grasfield’s disclosing the terms of the Employment Agreement at a Finance Committee Meeting last night and his concern that there would be a “whole gang” coming to help make a decision. He suggested that Selectman Grasfield come up with two dates within the next few weeks that he can come in during the day to go through this agreement (within Executive Session). Selectman Grasfield stated that, “I would be happy to pick two days.” He pointed out that there is “no gang of Finance Committee members here.” Chair Katz suggested the two days be after April 6 for the meeting to discuss the specifics to the agreement when he returns from traveling.
Selectman Grasfield made reference to private EMail correspondence on this subject wherein he had asked who had placed this item on the agenda in open session. Chair Katz stated that he did not see the EMail from Selectman Grasfield, but that he was the one that placed this item on the agenda.
A discussion took place as to whether or not this document is public information or should have been discussed more appropriately within Executive Session. Selectman Grasfield stated that it was his understanding that documents included in the binder for open session were a matter of public record. Attorney Gelerman disagreed stating that the document was not finalized and that “it ought not to be distributed until it was a final document.” Chair Katz inferred that he meant the contract to be in draft form. Selectman Grasfield stated that it was not marked “draft” and he had thought it was in final form.
Chair Katz stated that it was very important to him that, “the Selectmen do things in harmony.”
He further stated that, “it is important to have some sort of camaraderie and public trust...be concerned for each other and the welfare of the Town.” Chair Katz also stated that the Board should sit down and talk about it together in Executive Session then vote in a proper manner.
Selectman Roach stated that, “we all had the same opportunity to participate in these negotiations and that, “we sat quite a few times in Executive Session...sat with Attorney Gelerman one afternoon, and I felt everyone had the same opportunity for input.” He further stated that his own concerns were worked out with Town Administrator Ben Puritz and Attorney Gelerman. Even though he feels that Selectman Grasfield had the same opportunities, Selectman Roach is willing to have another session to hear his input and, he stated, “the sooner, the better.”
Selectman Grasfield expressed gratitude for the opportunity to be heard. He differed with the characterization of the discussions to date stating that they were discussions without any specifics and that, there is much work to be done before any action , or if any action, will be taken.
Attorney Gelerman requested that the Board recess to Executive Session so that he could respond to questions raised in an EMail by Selectman Grasfield. It was the consensus of the Board to wait until they adjourn to Executive Session at 6:45 P.M.
Award Contract - Watermain Installation – Edge Hill Road/Tiot Street
Eric R. Hooper, Superintendent of Public Works was present to review his Memorandum of March 19, 2004. The Water Department issued a RFP to provide engineering serves with regard to proposed water main installation and replacement work on Edge Hill Road and Tiot Street to be completed during the upcoming construction season.
In order for these projects to be completed prior to next winter, engineering design must be completed and bid specifications prepared before this May’s Annual Town Meeting during which authorization of the funds for construction is expected. Scope of Work includes:
Preliminary Survey
Project Design, including Conservation Commission permit filings
Pre-Construction Services, including preparation of bid specifications and overseeing the bid process
Resident inspector Provision
Record Drawings.
The Water Department recommends that a contract for engineering services for water main installation is awarded to the engineering firm of Amory Engineers, Duxbury, MA, for the initial amount of $34,000. The contract will then be amended for the remaining $27,000 if May Town meeting votes to approve construction of the water main project.
Selectman Grasfield asked questions about the 13 breaks to the water main and whether it was very expensive to repair. Mr. Hooper stated that it depends on when it happens, as on a Sunday, the workers receive triple time, but that the bigger problem was the asbestos-cement water main and problems with foreign material getting into the water. He further stated re the fifty-year old water mains, it is “time to replace.” In answer to Selectman Grasfield’s question, Mr. Hooper explained why the Amory proposal was judged to be the most complete and cost effective.
VOTED: (Roach/Grasfield) Voted unanimously to award the contract for Watermain Installation to Amory Engineers, Duxbury, MA., for the initial amount of $34,000.
Vulnerability Assessment/Emergency Response Plan
Eric R. Hooper, Superintendent of Public Works was present to review his Memorandum of March 17, 2004. The Water Department issued a request for proposals to provide required engineering services with regard to completing a Vulnerability Assessment and Emergency Response Plan for the Water Department. These studies are required under federal regulation with the Vulnerability Assessment to be completed by June 1, 2004.
The requested scope was to include the following:
Vulnerability Assessment
Emergency Response Plan
Evaluation of Existing Emergency Connections
Recommendation for Additional Emergency Connections
Evaluation of Permanent Connections to the MWRA and Bluestone/Aquaria
The Water Department recommends that a contract for engineering services for preparation of a Vulnerability Assessment and Emergency Response and evaluation of both short-term emergency and long-term permanent connections is awarded to the engineering firm Water Mark Environmental, Lowell, MA, for the initial amount of $57,202.
Mr. Hooper explained that this requirement was a result of the aftermath of September 11. In answer to the question by Selectman Grasfield, Mr. Hooper stated that the work could be done by June 1 as this first response can be done by desk-top spreadsheet. A more involved response is due in a year.
VOTED: (Roach/Grasfield) Voted unanimously to award a contract for the Vulnerability Assessment/Emergency Response Plan to Water Mark Environmental, Lowell, MA, for the initial amount of $57,202.
Award Contract - Engineering Services for Production Well No. 6 Iron and Manganese Treatment Feasibility Evaluation
Eric R. Hooper, Superintendent of Public Works was present to review his Memorandum of March 17, 2004. The Water Department issued a request for proposals to provide required engineering services with regard to evaluating iron and manganese treatment options for production well No. 6. These studies
The requested scope was to include the following:
Prepare a feasibility study evaluating possible treatment technologies for iron and manganese removal at Sharon Well #6. Included in this pro/con comparison will be such things as space requirements for the treatment building and solids handling basin, wasted water percentage and estimated capital and O&M costs.
Recommend two preferred technologies. Prepare a concept design for those recommended options with a line drawing of the treatment process showing required piping, pumps, chemical feeds, controls and other pertinent information.
Recommend and prepare a cost estimate for a pilot study that will result in the necessary information for final treatment plant engineering design and preparing construction cost estimates. Executing the pilot study however is not part of this contract.
The Water Department recommends that a contract for engineering services for evaluating applicable treatment technologies for iron and manganese removal at production well No. 6 to Weston & Sampson Engineers, Peabody, MA, in the amount of $31,431.
Mr. Hooper explained that this contract represents a change in how the Water Department operates in that the Water Department will seek a feasibility study to use Well #6 as its “second-best well.” In answer to the question by Selectman Roach, he further stated that bringing this well on line will allow for all the other wells to rest. In answer to questions by Selectmen Grasfield re alternatives to treatment, Mr. Hooper explained the problems with trying to treat the iron and manganese by the addition of chemicals. He further explained that even with a projected one million dollar estimated cost, the treatment plant would be cheaper than a connection to the MWRA Water System and, he stated, “it is our own.”
VOTED: (Roach/Grasfield) Voted unanimously to award the contract for Engineering Services re Iron and Manganese Treatment Feasibility Evaluation to Weston & Sampson Engineers, Peabody, MA, in the amount of $31,431.
Proposed Outdoor Watering Restrictions
The Board reviewed Memorandum from Eric R. Hooper, Superintendent of Public Works, dated March 19, 2004. The Water Department recommends that the Board of Selectmen vote to continue the 2-hour, 2-day per week restriction for the upcoming summer to be effective April 15.
VOTED: (Roach/Grasfield) Voted unanimously to adopt a two-hour period from 6 – 8 p.m., two days per week (Monday/Wednesday or Tuesday/Thursday depending on address) outdoor watering restrictions, to be effective beginning April 15, 2004. No unattended watering is allowed Friday through Sunday. These restrictions do not apply to hand-held watering devices.
In answer to the question by Selectman Grasfield, Mr. Hooper explained that the groundwater level is below normal at present as it was a very dry winter.
Recommendation for Summer Staff 2004
The Board reviewed Memorandum from David I. Clifton, Recreation Director, dated March 19, 2004 with a list of recommended summer employees for the summer of 2004.
VOTED: (Roach/Grasfield) Voted unanimously to approve the list of summer employees as attached to the Memorandum, dated March 19, 2004.
Approve One-Day Liquor License
VOTED: (Roach/Grasfield) Voted unanimously to approve a One-Day Liquor License for Adrienne Brown for April 3, 2004 at the Sharon Community Center.
Consider Articles for Annual Town Meeting
The Board discussed whether or not to place articles re the following subjects on the Warrant of the Annual Town Meeting.
a. SE Regional Vocational Technical School Contributions
It was the consensus of the Board to place this article on the Warrant. Mr. Hager will be coming in to discuss this article with the Board on April 17.
b. Community Preservation Act
It was the consensus of the Board to defer action until the fall meeting.
c. Booming Noise - Automobiles
It was the consensus of the Board to have an article to add a specific penalty under the Police Regulations.
d. Regional Fire Dispatch
It was the consensus of the Board to defer action until the fall meeting
Request for Limo Service
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 Steven J. Firstenberg of 14 Manomet Road, Sharon, operating within and through its boundaries.
WMAC - Resignation of David W. Mark
The Board accepted the resignation of David W. Mark with regret and requested that a letter of appreciation be drafted.
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 reconvene in Open Session at the Community Center Building.
Roach, aye; Grasfield, aye; and Katz, aye.
The Board recessed to enter into Executive Session at 6:45 P.M.
Public Forum “Improvements to Town Meeting”
The Board reconvened in Open Session at the Sharon Community Center, at 7:58 P.M.
Also present was Town Moderator, Paul Bouton and approximately 16 interested residents.
Mr. David Gorden spoke about ways to improve Town Meeting. His suggestions included:
by providing a written “pro/con” position on all Warrant Articles before Town Meetings;
by hiring someone like a professional planner whose job, in part, would be to describe the larger context of the issues being raised at Town Meeting with an extensive (20-30 minute) overview of the full warrant and its impact on the tax rate, etc.;
Use of overhead scanner for any changes to articles in the printed warrant and any amendments made during town meeting;
Mr. George Bailey, Member of the Government Study Committee, supported Mr. Gordon’s suggestions. He also discussed his being in favor of changing to a Representative Town Meeting.
Attendees raised other issues that included:
secret ballots and the problems associated thereto;
ways to eliminate the intimidation of voters;
the rules that govern Town Meeting (does not use Roberts Rules & Orders);
increasing the amount of time allowed for an opponent of an article or being able to request permission for an extension of time;
the use of technology to vote by remote;
Pat Zlotin, Government Study Committee, discussed issues currently before the Government Study Committee including, and whether to change to a Representative Town Meeting .
Joel Gopen discussed the timing issues with Open Town Meeting and suggested a Sunday Town Meeting, with refreshments and big TVs in the vestibule with time to meet with other residents in a friendly atmosphere while going back and forth to vote.
Anne Carney, Government Study Committee, spoke about the Government Study Committee looking at the efficiency of Town Meeting, including Representative Town Government and going to a Charter as a form of Town Management. She stated that her Committee found the community to be divided 50/50 over Representative or Open Town Meeting. She further stated that the Government Study Committee plans to make additional recommendations in the fall.
Attendees other suggestions included:
increased advertising of the Open Warrant Meeting as a way of informing the public before Town Meeting;
need for complete bylaws when introducing changes to zoning articles;
advantages to a representative type government, including well-informed voters;
disadvantages to a representative type government where only the representatives can vote;
need to understand the rules of Town Meeting;
whether we should require a quorum;
Town Moderator Paul Bouton spoke about the Moderators’ Rules that he follows and how the Moderator has some flexibility as to how the Town Meeting is going to work. A discussion followed as to how to make Town Meeting work more efficiently. Mr. Bouton stated that, “Town Meeting is free at any time to cut off debate.” Other items discussed including lining up to speak at the microphone, and the use of “point of order.”
Resident Alice Cheyer spoke about how “precious” open town meeting is and how she is a proponent of keeping it. She further stated, “let people express themselves.” She further suggested ways of making secret ballots more efficient by trying to shorten the procedure and she suggested hiring senior workers to hand out written pro/con sheets on all the proposed articles before Town Meeting. Town Clerk Marlene Chused addressed the Secret Ballot issues by stating that the way it is done is the legal way to do it in order to justify the vote or it may be challenged by the Secretary of State or Attorney General’s Office.
Mr. Gordon recommended that perhaps Town Counsel draft the Pro/Con Statement with the oversight of the Board of Selectmen. Resident Len Segal suggested that they change the two-minute speaking limit to 4 minutes but without repeats.
In closing, Chair Katz stated that he will take notice of all the suggestions and plans to have another forum on this topic in the future.
Adjourn Meeting
VOTED: (Roach/Grasfield) Voted unanimously to adjourn the meeting.
Roach, aye; Grasfield, aye; Katz, aye.
The meeting adjourned at 9:15 P.M.
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