April 13, 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 7:35 P.M.
Minutes
VOTED: (Roach/Grasfield) Voted unanimously to approve the Regular Session Minutes of April 7, 2004 as presented. and to hold the Executive Session for approval within Executive Session.
Dog Park - Sandy Shmaryahu
Sandy Shmaryahu and a group of individuals were present for discussion of a proposed Dog Park within the exercise trails of the Deborah Sampson Park in the former equestrian area. Diane A. Malcolmson, Animal Control Officer, was also present. The Board reviewed a letter from Ms. Malcolmson, dated April 8, 2004, with a request to set up a donation fund for this purpose. It is anticipated that there will be fundraising and possibly grant monies.
Presentations by Fred Mogolesko included the experience of other successful dog parks, proposed signage and rules. It is anticipated that this will be self-policing. Abutters to the park raised concerns about trash, noise, parking and liability issues. They have been assured that cars will only be allowed to park within the existing parking lot near the tennis courts and not on Cedar Street or behind the building. It is anticipated that leashed dogs will be walked to the gated dog park through the existing trails.
In answer to the question by Selectman Roach, Ms. Shmaryahu stated that there will be Board of Directors to address any concerns or issues of liability. Attorney Fayerweather, a member of the group, stated that liability is with the dog owners and not the Town. Ms. Malcolmson spoke about the need for socialization of dogs as within a dog park, and that dogs off-leash are social animals and not likely to behave aggressively. Aggressive dogs will not be allowed. She stated that a dog park will help people to socialize their dogs. Chair Katz stated that it was a wonderful idea, but that he had concerns about litigation, policing, clean-up and other complaints that may arise. He suggested that this be forwarded to the Recreation Advisory Committee for its recommendation. Other
concerns/suggestions including closing the park during the Cross-Country Team practices and potential problems with out-of-town residents using the park. It was felt that dog owners are responsible people and will abide by the rules and regulations.
The Group would like to move forward as soon as possible. Selectman Grasfield credited the group for being well prepared this evening. The Board will wait for recommendations from the Recreation Advisory Committee and consider any other concerns that may be brought forth by the neighborhood.
Recess
It was the consensus of the Board to take a five-minute recess.
The Board recessed at 7:45 P.M.
The Board reconvened at 7:50 P.M.
Beech Tree Park
Miriam and Joel Gopen were present to request permission for the installation of water and electricity to the Beech Tree Park. Items discussed included:
the costs of installation of electricity, wires, poles, meter box;
Recreation Department willing to absorb costs of electricity as part of its Department, but has no money;
Water Department is the same for Water usage; and,
the need for an analysis of the costs of electricity and water.
The Board reviewed Memo from Eric R. Hooper, Superintendent of Public Works, dated April 12, 2004 stating that the cost of hookup to water main would likely be a 1-2 day job. The approximately location of the main is shown an attached map. Water Main is present under the park site.
Selectman Roach stated that Eric R. Hooper, Superintendent of Public Works will be asked to provide costs estimates. The hook-up to electricity would be need to be done by “Boston Edison” (NStar).
Resource Development Consultant
Chief Bernstein introduced Diana Chidsey, a consultant in grant funding with a focus on the public safety sector. She was present to answer any questions the Board may have regarding her experience and qualifications. She stated that due to her employment with the Massachusetts Executive Office of Public Safety she would not able to apply for FY’03 grant monies, but could for FY’04 and FY’05. She spoke about grant monies that will be available through Homeland Security. Selectman Grasfield asked questions about actual grant writing experience. Ms. Chidsey responded by outlining extensive experience both in a management role and in having a successful track record as a grant writer. Chair Katz discussed how communication is so important in the public
safety area.
Selectman Roach asked about the terms of her contract, $100 per hour/10 hours per month for a period of six months. Ms. Chidsey stated that she is comfortable with the six-month time frame to meet the listed scope of services to pursue avenues of funding for the public safety radio project.
Selectman Grasfield asked question about monies originally appropriated by Town Meeting for this project and whether or not money would be coming out of the Police Department operating budget. Chief Bernstein stated that the some of the consulting services will be funded from that original appropriation and that Capital Outlay Committee may be contacted for permission to use existing appropriations for the services.
Ms. Chidsey stated that she is prepared to work closely with the Police Department in the actual writing of grants and that she would be available as a project manager.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to authorize the Chief to sign the contract with Diana Chidsey as a Resource Development Consultant for 10 hours of service per month for $1,000 for a period of six months.
Selectman Grasfield stated that he did not favor that amount of time and thanked Ms. Chidsey for coming.
Police Chief Employment Agreement
The Board reviewed a new employment agreement for Joseph S. Bernstein, Police Chief. Included was a copy of the previous employment agreement. Town Administrator Ben Puritz reviewed the changes within the Agreement, including an increase to 25 days of vacation, ability to accumulate up to 50-days of carry-over vacation, compensation adjustment of $5,000, and a 5% increase for FY’05 and an additional $5,000 compensation adjustment for FY’06.
Town Administrator Ben Puritz explained that the salary adjustments would bring the Chief up to parity with comparable towns within two years. The salary has been previously recommended by the majority of the Board and concurred by the Personnel Board for FY’05. Ben Puritz further stated that the 5% was based on a performance review of the Police Chief, and recommended by him.
Selectman Grasfield did an analysis of the comparable salary survey information (leaving out a two communities that were too high) stating that the first year’s compensation brings the Chief’s salary to the top of the list, and stated that he disagreed with the need for an additional $5,000 for the second year. He also objected to finalizing this contract at this time as the Police Union has been without a contract for a considerable time and its members are also below parity. He stated that the Board has not discussed this contract among themselves nor have they negotiated with the Chief. Except for a brief moment in Executive Session where the Chief listed a few items that he would like in his contract as part of his appointment to discuss four items with the Board, there was no
discussion on the terms of this contract. Selectmen Grasfield stated since the contract document itself was not discussed in Executive Session and that having just received a copy of the contract, he would like the opportunity to discuss some of the additional terms. He requested that the Board not vote this evening but continue discussions within Executive Session.
Selectman Roach stated Selectman Grasfield had an opportunity to raise questions about the contract last week within Executive Session, that he should have taken the time to get answers to any questions and not delay for the sake of delaying. Selectman Grasfield stated that he did not have “questions” but stated that, “as a board, we need to discuss this among ourselves and with the Chief in negotiations.” He further stated that a very brief mention of a contract within an extensive conversation of other Police Safety Matters was not having negotiations. Selectman Roach stated to Selectman Grasfield that, we had the party in front of us and any questions should have been asked at that time ....”not delay until it’s before us.”
Selectman Grasfield stated he is speaking of the need to negotiate between the three of us and the need to discuss with the Chief. He further stated, “that’s the way we handle negotiations, and I would expect that’s the way we would handle this one.”
Chair Katz asked for a Motion. Selectman Grasfield asked “no discussion?” Chair Katz, stated “no discussion.”
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to accept the Contract for Joseph S. Bernstein, Police Chief for the period through FY’05 and FY’06. (Agreement to be signed as of April 13, 2004, supersedes the Employment Agreement dated September 3, 2002. Contract subject to review by Town Counsel)
Traffic Patterns & Signage - Train Station
This item was continued from last week to allow for additional comments. The Board reviewed the Memo from Eric R. Hooper, Superintendent of Public Works, dated April 12, 2004, recommending that the Board hold the idea of “No Right Turn” onto Chestnut Street. Chief Bernstein reported on a meeting with the Transportation Advisory Committee wherein it was felt that the “No Right Turn” would create back-up problems within the parking lot and to allow the travel to continue to flow through the neighborhood. The Board noted a letter from Ken Olum, dated April 10, 2004 with the same concerns. Chief Bernstein stated that everything will be done for the new Traffic Patterns and Signage by the end of May.
VOTED: (Roach/Grasfield) Voted unanimously to accept the recommendation to delay implementing the “No Right Turn” onto Chestnut Street within the Traffic Patterns and Signage.
Town Administrator Ben Puritz
Chair Katz began by stating that the Board would not be discussing any extension to the existing contract for Town Administrator Ben Puritz. He stated that there was a range of compensation increases from 2.5% to 5% for other staff. Selectman Grasfield stated that the range was actually 0 - 5%. Chair Katz stated that the 0% increase was for a staff member who has not been here for the year.
MOTION: (Roach) to allow a 3% increase for the Town Administrator for his annual salary for FY’05.
DISCUSSION:
Selectman Grasfield stated he reviewed comparable salary survey information provided to him by placing it within a spreadsheet with the other 10 comparable communities. He stated that including the two towns that have Town Managers, the average compensation is $102,204 and excluding those two positions, the average compensation is $99,184, and that with all due respect, the proposed compensation would place it 28% above that. He stated that the Town has a need for funds to fill other positions, i.e, Town Planner, Town Engineer and questions the proposed increase.
Selectman Roach pointed out that the Board has reduced the proposed salary amount from 5% to 3%. He stated that he had looked at the same data, but noted that most of the other towns have an Assistant Town Administrator. Selectman Grasfield pointed out that four of the towns have an Assistant with a salary range of $40,000 - $60,000. He stated that he would prefer the Town hire an Assistant/Town Planner and that, “I favor the two people...I don’t favor that approach.”
In answer to Selectman Roach’s statement that the Town does not have the economics to do that and that he would love to have an assistant to Ben if it was in a position to do that, Selectman Grasfield replied that the present operating budget has an increase of 7%, and wondered what a good year would look like.
Selectman Grasfield further listed other positions where stipends were being paid because of the unfilled position of the Town Engineer rather than focusing on filling the position. He also mentioned the stipend paid to the Town Treasurer for being the Data Processing Manager.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to increase the Town Administrator’s salary by 3%.
Chair Katz expressed disappointment with Selectman Grasfield’s opposition and accused him of “tearing the Town apart.” Selectman Grasfield stated he was acting according to the reasons why he was elected and reminded Chair Katz that, “you have said on many occasions that we agree to disagree.”
Chapter 90 Roadway Paving Requests
The Board reviewed the recommendation of Peter O’Cain, Assistant Town Engineer to ask the Board to sign the Chapter 90 Requests forms to be submitted to the Massachusetts Highway Department for the paving of Bay Road and Chessman Drive. Town Administrator Ben Puritz stated that this will allow for reimbursement for work done this construction season in the amount of $236,132.86.
VOTED: (Roach/Grasfield) Voted unanimously to sign the Chapter 90 Request Forms for $236,132.86 Reimbursement from the Massachusetts Highway Department.
Norfolk County Mosquito Control Project
Selectman Grasfield noted that the Norfolk County Mosquito Control Project will be doing aerial larval control by helicopter application between April 20 - May 4, 2004.
Dances of Universal Peace
Selectman Grasfield noted this event to take place Saturday, May 1, 7:00 - 9:00 P.M., First Congregational Church of Sharon.
Request for a Building Permit
In answer to the question from Selectmen Grasfield, Town Administrator Ben Puritz stated that this request from the Executive Office of Transportation and Construction, dated April 27, 2004 re proposed development of former railroad property at 27 Pine Grove Avenue will be forwarded to the Department of Public Works for its input.
Open Warrant Meeting
Selectman Grasfield encouraged resident participation at the Open Warrant Meeting on April 26, 2004 at the Sharon Town Offices.
Selectmen Position on Special and Annual Town Meeting Warrant Articles
Town Administrator Ben Puritz stated that this will be scheduled on the next agenda.
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.
The Board entered into Executive Session at 9:32 P.M.
| 
