May 25, 2004
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Chair Walter Joe Roach, Selectmen David I. Grasfield and William A. Heitin and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 7:32 P.M.
Reorganization of the Board
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Walter “Joe” Roach as Chair of the Board.
VOTED: (Heitin/Roach) Voted unanimously to appoint David I. Grasfield as Clerk of the Board.
Minutes
VOTED: (Grasfield/Roach) Voted 2-0 (Heitin abstained) to approve the minutes of May 11, as corrected and the Minutes of May 18 as presented. The Executive Session Minutes of May 11 will be approved within Executive Session.
Corrections to the Minutes of May 18:
Sprint Cell Towers
Page 3, Para 2
Change: “Selectman Grasfield stated that this is an excellent suggestion and something that he had suggested himself sometime back. “
To: “Selectman Grasfield stated that this suggestion by Dr. Bernard is an excellent suggestion and something that he had suggested himself several months ago.”
Liquor License Hearing - Wagama Japanese Cuisine, Inc.
Attorney Peter Lim, Sophia Yee and Lisa Yee, Liquor License Manager, were present on behalf of the transfer of the Liquor License at 386 - 388 South Main Street. This public hearing was properly noted and advertised under Chapter 138 of the Mass General Laws. Ms. Yee stated that she was familiar with the Town of Sharon Liquor License Rules and Regulations as well as the State regulations.
VOTED: (Grasfield/Heitin) Voted unanimously to approve the transfer of Liquor License at 386-388 South Main Street to Wagama Japanese Cuisine Inc. and to forward the application to the ABCC for its approval.
Public Hearing closed at 7:40 P.M.
Housing Partnership Committee
The Board interviewed Alan D. Lury for membership on the Housing Partnership Committee. Mr. Lury stated that his interest is in increasing the supply of affordable housing within the Town. The Board directed that other vacancies on this Committee be advertised on Cable TV.
Metropolitan Mayors Coalition
The Board considered a Resolution as proposed by the Metropolitan Mayors Coalition to use part of the Community Preservation Trust Fund Surplus to promote open space, affordable housing, and historic preservation projects across Massachusetts without restriction to those communities that voted for a property tax surcharge on its citizens. It would still require matching funding from the community for projects.
The Local Options Meals Tax, that does not appear to be relevant to the Town of Sharon, but would allow other communities the option of instituting a 1% meals tax where the municipality would keep 75% of the revenue raised and such funds could be used as matching funds for CPA, was also discussed.
Selectman Grasfield expressed the opinion that this amendment to the Community Preservation Act will likely be passed by the Legislature at the urging of the larger cities who are not likely to pass the CPA Act property tax surcharge. Selectman Grasfield read the Resolution for the Community Preservation Act Reform, and stated that he believes the Town should support it. Selectman Heitin and Chair Roach also expressed support of the Resolution as being fair and equitable. There was a discussion as to whether or not this amendment would be unfair to those communities who have adopted the CPA Act and voted for an additional surcharge on its property taxes. Ms. Alice Cheyer cautioned that the change would allow the State rather than the municipalities to make the decisions about the funds.
George Bailey, MAPC Representative, appeared to dispute the arguments presented. He stated that Cambridge and Newton have adopted the CPA Act, and that there are problems with the amendment if adopted. It is his opinion that it would kill the CPA and there would be no funds within a few years. Mr. Bailey stated that he has been studying this amendment for three months. He mentioned that it would be preferable to have the funds for CPA come out of the tax base with the $100,000 individual exemption. He stated that a 1% surcharge on property taxes, would, in effect, be 8/10 of 1% and that the additional taxes for CPA could be offset by a similar reduction in the property tax rate by the Town with the matching funds available for the Town’s proposed and planned for
projects.
George Bailey discussed how this amendment may impact the voting for the CPA Ballot question at the next election (November). Town Meeting voted to place this on the ballot at the Annual Town Meeting for a 1% property tax surcharge.
It was the consensus of the Board to continue this discussion until the next meeting to allow for additional input.
VOTED: (Grasfield/Heitin) Voted unanimously to postpone any decision on the Metropolitan Mayors Coalition Resolution for the Community Preservation Act Reform to the next agenda.
Dog Park
The Board reviewed Memo from David I. Clifton, Recreation Director, dated May 19, 2004, wherein he states that he and the Recreation Advisory Committee recommend that the Deborah Sampson Park Horse Show Area be the location of the new “Sharon Dog Park.” They also recommend that the proponents of the Dog Park meet again with the Recreation Advisory Committee to discuss the ground rules for the use of the property.
Sandy Shmaryahu and Animal Control Officer, Diane Malcolmson, was present to implore the Board to vote this evening to designate the Horse Ring area for the Dog Park to allow the project to move forward with the design, fundraising, etc. Recreation Advisory Committee, Steve Lesco stated that the Recreation Advisory Board has unanimously supported the proposed Dog Park at this location, but would like to work out the rules and regulations before it takes a formal vote.
Town Administrator Ben Puritz stated that the Board of Selectmen, as the Park Commissioners have the authority to designate this area for the Dog Park, but that the Recreation Advisory Committee would like to review the particulars.
VOTED: (Grasfield/Heitin) Voted unanimously to designate a portion of Deborah Sampson Park at the Horse Ring Area for a Dog Park, subject to the final approval of the rules and regulations of the Board of Selectmen acting as Park Commissioners.
Sprint Case - David Bernard
Zoning Board Chair Dan Rosenfeld and Dr. David Bernard, on behalf of the Country Club neighborhood, were present. Resident Sam Solomon stated that he speaks as an individual this evening. Mr. Solomon stated that this appointment was requested so that there could be an update as to the study being conducted by the RF Engineer re siting of wireless facilities. It was requested that the study be made available before the Town takes any action to settle the Sprint Case (with the Country Club site). Mr. Solomon hoped to bring Selectman Heitin up-to-date on this matter and to ask the Board to act pro-actively and to take a lead in dealing with this issue.
Richard A. Gelerman, Town Counsel, was present, and discussed the Town’s hiring of a consultant from a New Jersey Company to review data regarding the alternative Audubon site and the recent engagement of Mr. Maxson as recommended by the neighborhood to do the same. Attorney Gelerman stated that questions of a confidential agreement with Sprint re this data have been resolved today and that he will have a report by the end of the week. Mr. Solomon had questions about Mr. Maxson looking at the entire Town and not just the Audubon site and Mr. Gelerman replied that he wanted to keep the Sprint case separate. Mr. Solomon argued that Mr. Maxson was engaged to do a study of the entire Town and that he would hate to see the Town rush into something if there are two-three other locations.
Dr. Bernard requested that the DPW land or the Dog Park in the Deborah Sampson Park be looked at as a site for alternative sites for the Sprint Cell Tower. It was discussed that a lower site could be used with the construction of a higher tower and that this would provide income for the Town. Town Administrator Ben Puritz mentioned that there would be issues to using park land that was given through grant money to the Town for a specific purpose. He further stated that the DPW site would be evaluated as part of the comprehensive study.
Dr. Bernard further raised the “due diligence” issue in the Sprint matter if not all appropriate sites for filling the “gap” were considered and another site that could be used was identified. Attorney Gelerman cautioned that the Sprint case cannot be discussed in public session.
Dr. Bernard discussed the advantages of putting the Sprint facilities at the Hampton Water Tower Site, with the Town receiving the income, on this existing structure that would have less impact to that neighborhood than putting a new large structure at the Country Club site. Chair Roach mentioned a recent petition received with 100 signatures from the Hampton Road neighborhood. Selectman Heitin stated that he had a meeting with Attorney Gelerman and that he was up-to-speed in an understanding of this issue. Dr. Bernard beseeched the Board to be more proactive in this area. It was the consensus of the Board to meet in Executive Session for approximately 10 minutes.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing pending litigation and to reconvene in open session at the conclusion thereof.
The Board entered into Executive Session at 8:45 P.M.
The Board reconvened in Open Session at 9:20 P.M.
2004 Summer Schedule
The Board reviewed the 2004 summer meeting schedule. The Board expressed concern that there would not be enough meetings to do all that needed to be done for the Fall Town Meeting. It was agreed that additional summer meetings could be scheduled on an as-needed basis.
VOTED: (Grasfield/Heitin) Voted unanimously to adopt the following summer meeting schedule with the understanding that additional meetings may be added:
July 6
July 20
August 3
August 17
August 31
MPO Elections
The Board reviewed Memo from the Metropolitan Area Planning Council, dated April 26, 2004
re: The Municipal Elections to the Boston Regional Metropolitan Planning Organization.
Mr. Bailey was present and stated that this was a pro-forma request as there was only one candidate running for each of two positions.
VOTED: (Grasfield/Heitin) Voted unanimously to designate George B. Bailey to cast the ballot for two candidates on behalf of the Town for the election to be held on May 26, 2004.
Resignation from Capital Outlay Committee and Standing Building Committee Selection Committee
The Board noted resignation from Allen Garf from the Capital Outlay Committee and Standing Building Committee Selection Committee. The Board directed that the Capital Outlay position be advertised on Cable TV.
Press Release - Library Director
Selectman Grasfield noted Press Release by Kip Roberson, Library Director, re new Online Community Calendar and requested that there be some coordination between the Town’s On-line calendar so that it would not be redundant.
Richard Mandell - Hearing Request - Mountain Street Repairs
Chair Roach discussed correspondence from Richard Mandell, dated May 21, 2004 re his request for a hearing regarding the issue of repairing a portion of Mountain Street and correspondence from Selectman Grasfield concurring with Mr. Mandell’s request. It was pointed out that it has been the Board’s policy to schedule an agenda item at the request of any member of the Board.
Mr. Menotti Giorgio, 371 Mountain Street addressed his objections to this hearing to Selectman Grasfield. He stated that the Board had voted to make these repairs and that he has been waiting for over 20 years for this road to be fixed. Selectman Grasfield stated that he supported making the emergency repairs to Mountain Street near Mr. Giorgio’s house, but not in placing a binder to the 2,000-foot unpaved section without a public hearing. Mr. Giorgio stated that the road is unsafe and places his family in jeopardy and that there have been enough hearings on this subject. Town Administrator Ben Puritz stated that the Department of Public Works recommended the binder on the portion of the road for cost-efficiency and safety. Selectman Grasfield stated his
opinion is that the DPW was not quite that optimistic about the solution. He further stated that Mr. Giorgio is asking for a change in the condition of the Road, that he supported the emergency repairs with the condition of a hearing for the placing of a binder on the road. Mr. Giorgio continued to express his frustration as he feared it would take another twenty years. He asked, “is this a road or cow path?” Selectman Grasfield continued to state that the abutters have a right to be heard and that he is concerned with the open democratic process. Mr. Giorgio stated that for 20 years, he has had no right to a road, no right to anything. Selectman Grasfield stated that the emergency repairs have been done and that for 20 years the public hearings have resulted in the work not being done. Chair Roach stated that a member of the Board wants the hearing scheduled and that one of the neighbors felt that he did not get an opportunity
to be heard, it should be scheduled. Resident Alice Cheyer suggested that this discussion was going nowhere and asked when is the hearing scheduled. Selectman Heitin suggested that if there were to be a hearing that it be expedited. Town Administrator Ben Puritz stated that he had contacted Mr. Mandell for his availability on June 8 and he had requested 8:30 P.M. Mr. Giorgio objected to the fact that his availability was not asked. Ben suggested that if he were not available, they could choose another date, but that the office would be sending out a letter to the abutters to attend the hearing.
A public hearing will be scheduled for 8:30 P.M. June 8, 2004 and notices to an extended list of abutters will be sent.
Selectmen’s EMAIL
Selectman Grasfield suggested that the Selectmen’s EMail address selectmen@townofsharon.net be placed on a banner to encourage public input. He stated that he is looking for suggestions as to ways of increasing revenues and perhaps having an open forum on this topic.
Master Calendar
The Board requested that the schedule for both the Fall Town Meeting and the 2005 Annual Town Meeting be prepared as soon as possible for the Board’s review.
North/South Main Street Project
Selectman Grasfield discussed a call from an abutter re early morning noise from a staging area used for the Main Street Project. He stated that the person had alternative suggestions for these areas. Chair Roach stated that these staging areas will be continually moving to be close to the areas where the work will be done. Selectman Grasfield suggested that there be a public hearing on this subject with notification to all the abutters to existing and proposed staging locations.
Reserve fund Transfer Request
The Board noted draft correspondence from Eric R. Hooper, Superintendent of Public Works, dated May 21, 2004 re Reserve Fund Transfer Request for Snow and Ice Related Expenses in the amount of $56,699.83. This is scheduled as an agenda item at the next meeting along with other items to be discussed by Eric R. Hooper, Superintendent of Public Works.
Schedule of Memorial Day Activities
Chair Roach read the schedule of Memorial Day Activities to begin at the Rock Ridge Cemetery on 1:15 P.M., Sunday, May 30, 2004 with a parade through the center of Sharon at 2:20 P.M. and ceremony at Town Hall at 2:40 P.M.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing matters of pending litigation and collective bargaining and to adjourn at the conclusion thereof.
The Board exited the Open Session at 10:05 P.M.
Grasfield, aye; Heitin, aye; and Roach, aye.
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