May 11, 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: (Roaches/Grasfield) Voted unanimously to approve the Executive Session Minutes within Executive Session and the Regular Session Minutes of April 27, 2004 as corrected:
Under Appointment to the Zoning Board of Appeals
Correct Vote to read: VOTED: (Roach/Katz)
Permitting Issues on Mountain Street
Richard Gray was present to discuss a permit issued by the Gas Company to perform work in the Town of Sharon. Mr. Gray related his personal experience with similar work and a Memo sent to him by Eric R. Hooper, Superintendent of Public Works, approximately six months ago, stating that “no other municipal or state inspector” would be allowed to inspect within the Town of Sharon. He questioned how the Gas Company was able to obtain Town of Easton permit to open a trench in the Town of Sharon and if the Town of Sharon has inspected the work.
Town Administrator Ben Puritz explained that the Gas Company made an error, and that if it had applied contemporaneously to the Town of Sharon, the permit would have been granted by the Town.
In answer to Mr. Gray’s questions, Mr. Puritz stated that the inspection has been done by the Town of Easton for this one-day project. The Board reviewed a Memo from Eric R. Hooper, Superintendent of Public Works, dated May 5, 2004 with attached maps. It states that: “once Bay State Gas was informed that the permission for trenching across Mountain Street should have been obtained from Sharon, they responded by immediately filing for an after-the-fact permit, and stated that they would clean up excess sand from the right-of-way.” Mr. Gray was given a copy of the Memo. Mr. Gray stated that he had nothing further.
Appointment of Town Accountant - Joan Leighton
Ms. Leighton was present to express her appreciation to the Board during her long medical leave. The Board discussed the reappointment of Town Accountant Joan Leighton according to statute.
VOTED: (Roach/Katz) Voted 2-0 (Grasfield abstained) to reappoint Joan Leighton as Town Accountant for a three-year appointment. Appointment to expire: May 2007.
Selectman Grasfield stated that he did not feel it was appropriate for him to participate in the votes concerning the Town Accountant since she has not been here during the past year.
Revisit Notice of Nonrenewal - Town Accountant
The Board reviewed the Minutes of September 23, 2003 wherein it was stated that it is the intent to issue this Notice of Nonrenewal to the Town Accountant because of her disability and the Board is prepared to revisit this upon her return to work. Ms. Leighton returned to work full time as of May 1, 2004.
VOTED: (Roach/Katz) Voted 2-0 (Grasfield abstained) to reconsider the Notice of Nonrenewal issued to the Town Accountant in September 2003 while she was out on disability and to not issue a Notice of Nonrenewal.
Arbor Day Proclamation
Chair Katz read the Proclamation for Arbor Day.
VOTED: (Roach/Grasfield) Voted unanimously to proclaim May 7, 2004 as Arbor Day.
Proposal for Heights Elementary School Audit Preparation - Maureen R. Doherty
The Board reviewed a proposed for Audit Services by Maureen R. Doherty, dated April 29, 2004. The Audit preparation services are to be submitted to the School Building Assistance Bureau (SBAB) for the Sharon Heights School Construction project for reimbursements to the Town for up to five million dollars.
VOTED: (Roach/Grasfield) Voted unanimously to accept the proposal for Audit Services for the Sharon Heights School Construction as submitted by Maureen R. Doherty at a rate of $28.00 per hour with a cost not to exceed $5,000.
Mountain Street - Vote Clarification
The Board reviewed Memo from Eric R. Hooper, Superintendent of Public Works, dated May 7, 2004 seeking clarification of the Vote of Board to place a binder on a section of Mountain Street.
It was discussed that the intent of the majority of the Board is to place a binder (not paving) on Mountain Street from the beginning of the gravel road near the Watterson residence (331 Mountain Street) to the end of Mr. Giorgio’s Home (371 Mountain Street) at a width of 14 - 16 ft to align with the existing width.
VOTED: (Roach/Katz) Voted 2-1 (Grasfield opposed) to put a binder from where the black top leaves off near Mr. Watterson’s house to the far end of Mr. Meno Giorgio’s property.
SERSG Bids
VOTED: (Roach/Grasfield) Voted unanimously to award a contract to the bidders as listed on the revised Award Sheets, dated May 10, 2004 from SERSG for the FY’05 SERSG DPW Supplies.
VOTED: (Roach/Grasfield) Voted unanimously to award a contract to W.B. Mason, Brockton, MA for a one-year period commencing on July 1, 2004 for Paper Supplies at the prices listed on the SERGS bid sheet.
Sprint Cell Towers
David Bernard, 10 Fairway Lane, was present to discuss, on behalf of the Country Club neighborhood, the siting of Cell Towers within the Town. He stated he was concerned that the placing of a Cell Tower by Sprint within the Country Club site was moving toward settlement very quickly. He implored to Town to hire its own Radio Frequency (RF) Engineer to gather our own data and to map out the whole Town re coverage gaps and placement of cell towers, including review of the Audubon and other alternate sites. Mr. Bernard recommended a Mr. David Maxsom from Broadcast Labs who has proposed that he can complete a comprehensive plan within two weeks for a cost of $2,500 or less. It was stated that Mr. Maxsom, who acts as a mediator, has been successful in finding
alternative sites and challenging litigation by cell tower providers.
Selectman Grasfield stated that this suggestion by Dr. Bernard is an excellent suggestion and something that he had suggested himself several months ago.
Sam Solomon, speaking as a resident, stated that the RF Engineer is the “piece missing” from the wireless moratorium that will expire in June. He requested that the Board vote tonight to hire the RF Engineer as part of the comprehensive plan. Resident Bud Adler stated that the Town Meeting recently passed the new bylaw re Telecommunication and the RF Engineer would be “the teeth” to this new bylaw.
Town Administrator Ben Puritz discussed the expert advice of Al Wallace assisting Joel Tran, Planning Board and neighborhood representatives in crafting the new bylaw. Mr. Bernard stated that Mr. Wallace is a Sales Manager and not an RF Engineer. Town Administrator Ben Puritz stated that Mr. Wallace has access to RF engineering analysis.
Richard A. Gelerman, Town Counsel, gave a brief history of the Sprint matter including looking at alternate sites and alternative technology. He stated that we hired an independent expert who confirmed the “significant gap” for Sprint. He stated that the Town could hire Mr. Maxsom for the limited purpose of independent evaluation of the Audubon RF data. Mr. Gelerman apologized that he would need to do this within Executive Session and that he would not be addressing anything other than this particular litigation (Sprint). Dr. Bernard stated that Mr. Maxsom should “get his own data and do his own testing.”
Executive Session
VOTED: (Roach/Grasfield) Voted unanimously to enter into Executive Session to confer with Town Counsel on legal matters and to reconvene in Regular Session at the end.
The Board entered into Executive Session at 8:30 P.M.
The Board reconvened in Regular Session at 9:10 P.M.
Amend Hydrogeologic Testing Contract
The Board reviewed Memo from Eric R. Hooper, Superintendent of Public Works, dated May 7, 2004 recommending a contract in the amount of $7,600 to ESS Group, Inc., Sandwich, MA to perform extended site evaluation and hydrogeologic testing at the Gobbi Property off Old Post Road and the NSTAR property off Canton Street.
Town Administrator Ben Puritz stated that this item will be postponed till next week as Eric R. Hooper, Superintendent of Public Works, is working on getting access to the two properties.
Additional Engineering Services - Morse Street Water Main
The Board reviewed Memo from Eric R. Hooper, Superintendent of Public Works, dated May 7, 2004 recommending that the original contract with Amory Engineers be amended to include additional items, identified as A. Survey, B. Design Services and C. Construction Services for a total of $7,000 increase from the present contract amount of $34,000 to an amended contract amount of $41,000.
VOTED: (Roach/Grasfield) Voted unanimously to amend the contract with Amory Engineers for additional engineering services to be performed during the design of the Morse Street water main replacement project at a cost not to exceed $7,000.
Gallery in the Square
The Board reviewed a request from Michael Bossin, Gallery in the Square, April 27, 2004 for permission to hold a series of art demonstrations during the summer of 2004 on the sidewalk immediately adjacent to the Gallery in the Square, 5 Post Office Square, Saturday evenings 6:00 P.M. - 9:00 P.M. with a display of the artist work.
VOTED: (Roach/Grasfield) Voted unanimously to grant permission to Gallery in the Square to hold art demonstrations on the sidewalk adjacent to the Gallery in the Square during the summer months subject to meeting all the requirements for safety and cleanliness per the Police and Fire Department.
Community Center Ceilings
Selectman Roach noted correspondence from the Building Inspector, Joe Kent, relative to serious deflections in the ceilings in the lobby and gymnastic room at the Community Center Building. It was stated that FINCOM has been notified that it is estimated to cost $50,000 + for emergency repairs.
Mosquito Control - Aerosol Applications
Selectman Grasfield noted information provided by Linda Rosen, Health Department, re Early Morning Aerosol Spray Applications (1:00 a.m. to 6:30 a.m.. Monday through Friday beginning May 24, 2004). If any resident wishes to know when the spray program may be conducted in their area, they should go to the Project’s website at Any questions – call the Project at 781-762-3681.
Metropolitan Mayors Coalition
Selectman Grasfield noted correspondence from Mayor Ambrosino of the City of Revere and requested that this be placed on a future agenda re the Community Preservation Act Resolution and the Local Options Meals Tax.
DPW Steel Vehicle Wash Building Bid
The Board reviewed Memo from Peter O’Cain, Assistant Town Engineer, dated May 11, 2004 recommending that the bid for the Steel Vehicle Wash Building be awarded to Contractors Network, Inc. of Attleboro, MA for the Modular 30 x 50 ft. steel vehicle wash building, Contract 2003-1 for a fee of $74,050. This will house a recycling wash water system and will enable the Town to meet federally mandated National Pollution Elimination System standards.
Selectman Grasfield asked questions as to the delay in requesting the awarding of this bid that was opened in September 03. Town Administrator Ben Puritz stated that he believed the Department of Public Works was waiting for the approval at Town Meeting for funding of the inside system.
VOTED: (Roach/Grasfield) Voted unanimously award the bid for the Steel Vehicle Wash Building to Contractors Network, Inc. of Attleboro, MA for the Modular 30 x 50 ft. steel vehicle
wash building, Contract 2003-1 for a fee of $74,050.
Cheerysheet - Local Aid
Town Administrator Ben Puritz updated the Board with regard to the House Ways and Means local aid figures released by the Division of Local Services. He stated that these figures closely mirror the Town’s budget projections. Selectman Grasfield suggested that the link to the Division of Local Services Website be placed on the Town of Sharon’s website.
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 exited Open Session at 9:30 P.M.
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