June 8, 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 7:30 P.M.
Death of Former President Ronald Reagan
The Board began with a moment of silence for Ronald Reagan..
Tribute to Norman Katz
Selectman Grasfield announced that there will be a tribute to Norman Katz on Thursday, June 24, 2004 from 6 - 9 PM at the Saphire Manor. Donations of $20 per person requested.
Minutes
VOTED: (Grasfield/Heitin) Voted unanimous to approve the minutes of June 1, including Executive Session as presented.
MBTA Budget - George Bailey
George Bailey, Town’s representative to the MBTA Advisory Board, was present to report on the MBTA budget. He reviewed the specifics of the budget. Highlights included:
MBTA under rigid financial structure that precludes its going to the legislature for funds;
moratorium on non-emergency capital projects with the exception of ADA requirements;
Sharon Train Station cannot expect to be ADA compliant until 08 or 09 per agreement with federal agency;
health insurance - retires are granted 100% paid health insurance;
transportation on demand with “The Ride;” fees pay for 1/40 of the costs;
tort issues - no limit for punitive damages;
debt services equals 30% of the Budget;
declining ridership reflects economy;
Town receiving decreased MBTA assessments; and,
seeking changes in the legislature re health insurance and tort issues.
Motorized Scooters
This item was put on hold at the request of resident Jane B. Kelly due to pending legislation in the house/senate.
Reappointments to Town Committees/Boards/Appointments
It was the consensus of the Board to continue the policy of notifying those whose appointments are expiring, to let the Board know if they are interested in continuing to serve, and to advertise all open positions that will be created at the expiration date, and to schedule interviews for those seeking reappointment/new appointments. Selectman Grasfield requested that the list include all other appointments made year-round by the Board to see if there are others wanting to come forward to serve in those capacities.
There was a brief discussion about calling a Capital Outlay meeting to appoint a Temporary Chair.
Town Administrator Ben Puritz distributed suggested amendments to the Board’s Policy Number 11, re Committee Appointments by Alice Cheyer. The Board will be reviewing all its policies in September.
Award Contract for Solid Waste Collection and Curbside Recycling
VOTED: (Grasfield/Heitin) Voted unanimously to award the contract for Solid Waste Collection and Curbside Recycling to BFI, Fall River, for a three-year period of July 1, 2004 to June 30, 2007.
Fees for Solid Waste Collection and Curbside Recycling
The Board discussed Mr. Hooper’s recommended increase in fees to $50.00 per quarter. Selectman Grasfield questioned whether people would prefer paying for the actual fees for the first year with graduated increases for years two and three. A poll of people present found that people preferred the flat rate for the three years of the contract.
Ed Ruvich was present to discuss his letter, dated June 8, 2004, on the Supplemental Agenda, re bidding options to include the pick-up of white goods and CRT’s within the contract without additional individual fees. He felt that the residents of Sharon may be shortchanged based on his research of other Towns and private dealers, and requested reassurance that the DPW yard would remain open for drop-off of these items. The Board gave its assurance that the DPW yard would remain open and suggested that next time the bid goes out the Town will put out a bid alternate for total curbside waste pickup, to include these items without additional fees.
VOTED: (Grasfield/Heitin) Voted unanimously to institute a fee of $50.00 per quarter during the three-years of the contract with BFI.
Selectman Grasfield announced that he discovered during a call to BFI, that only Plastics numbered 1 & 2 are recycled and others go to SEMASS. He suggested that we work with members of Conservation Commission and others to collect those other plastic items for additional recycling.
Appointment to Water Management Advisory Committee
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Cliff Towner to the Water Management Advisory Committee with appointment to expire: September, 2004.
Selectman Heitin stated that he had some reservation re this appointment because of public statements made by Mr. Towner with regard to the Superintendent of Public Works and because of a possible conflict of interest that Mr. Towner may have in his role as Chair of the Lake Management Advisory Committee.
North/South Main Street Project Staging Areas
Eric R. Hooper, Superintendent of Public Works, presented maps of the project with six areas listed as staging areas: Ward’s Berry Farm, Behind the Sacred Heart Building, Farnham Road Pit, DPW yard, Oakland Road it, and Canton Street Gas Company site. Items discussed included:
areas chosen to stock pile materials/equipment to allow for maximum flexibility;
no staging area large enough to accommodate all;
staging areas will change to accommodate work area and schedule;
final street coat will not be applied until after one winter;
the schedule of plans moving from south to north with completion date of July 06;
Wilber School site not being used because of abutters;
the Project Manager will be asked to provide a date as to when they will move from the Sacred Heart Building site;
it is in the Town’s interest to provide staging areas to the contractor as the Town will be responsible for the dollar amount over Mass Highway’s obligation;
there have been tree hearings for all trees being removed and new trees will be planted at a ratio of 2 - 1;
land being used at Sacred Heart part of landswap and removed from passive recreation use;
Farnham Road site not used initially because it was being used for DPW clean-up work; and,
Sacred Heart staging area should not impact proposed Dog Park area.
Public Hearing - Repairs to Mountain Street
Selectman Grasfield made a statement as to an Editorial in the Sharon Advocate questioning Selectman Grasfield’s seeking an opinion as to whether or not he could speak on this issue as he resides on Mountain Street. He stated that an opinion was sought by Town Counsel and the State Ethics Commission last September and he was advised that he can speak on this subject; and he disclosed, before the hearing began, that he lives on Mountain Street. There were approximately 20 interested residents/abutters present.
The public hearing was called by Selectman Grasfield at the request of Richard Mandell of 580 Mountain Street. Mr. Mandell stated he is opposed to placing an asphalt binder on the 2,000 linear foot section of Mountain Street as voted by the majority of the Board. He cited the beauty and serenity of living on an unpaved road, and concerns with speeding and increased traffic that paving could bring. He suggested that the solution to Mr. Giorgio’s problems should be about maintenance of the road and alleged that there has been improper fill that added to the muddy conditions and that binding is paving. He also quoted from the Assessors that there would be a 10% increase to the property values with paving, and discussed the impact that development of Rattlesnake Hill would have on work
done now needing to be ripped up to lay water pipes. He recommended that the Town restrict through trucking on this road and provided information about an alternative to asphalt binding, a liquid stabilizer, used on jet runways, that would be non-toxic, less expensive, and easy to maintain.
Residents expressed other opinions and concerns that included:
this road is a county road;
those opposed cited increased speed and traffic as safety issues;
those for cited narrow, potholed, winding, muddy road as safety issue;
those for love the dust;
those against hate the dust;
those for cite slower response time for public safety vehicles; and,
need for sidewalks if the road is paved;
Richard Gray was present to discuss his land right’s issues with the county layout. He provided certified documents to the Board re the County’s taking of land in 1961 to create a wider, paved street stating that portions considered for repair deviates from and is outside of that layout. Mr. Gray would like the work to be completed as per the County Layout or else he would like land returned to his family.
Mr. Hooper spoke about grading and culvert issues. Mr. Giorgio reported a 20-year history of trying to get the road paved, and requested that the Board reaffirm its vote to place a binder on a section of the road. Abutters expressed appreciation for the opportunity to be heard on this matter and voiced concerns that this vote was taken without notification to the abutters.
Eric R. Hooper, Superintendent of Public Works, stated that the first step would be to regrade and recrown this section of the road. Selectman Heitin spoke about the need for closure on this issue and stated, “I am not in favor of changing the previous Board’s vote at this time.”
Heitin suggested that no action at all be taken as the prior vote would stand.
A brief conversation ensued as to whether the previous vote would allow for alternatives to asphalt. A check of the previous meeting found that the type of binder was not mentioned.
MOTION: (Roach) to place a binder where the black top ends to the edge of Mr. Giorgio’s property–with a binder of asphalt at a width of 14 - 16 feet to align with existing road.
There was a brief discussion on the cost of recent repairs in an amount over $11,000.
AMEND MOTION: (Heitin) That the binder be placed, as described, of asphalt unless within 30 days an alternative binder of the same capability and type can be placed in lieu of asphalt to the same solution and durability; and, if that cannot be done within 30 days default to asphalt..
In answer to the Question, Mr. Hooper stated that the research could be done within the 30-day period. Mr. Giorgio asked that if the research determines that the alternative will not work, can the Town proceed with the asphalt before that time? He suggested that the Vote say, “up to 30 days.”
MOTION: (Heitin/Roach) to approve an asphalt binder to be installed on the 2,000 linear foot section from 331 Mountain Street to 371 Mountain Street at a width of 14 - 16 ft to align with the existing width unless within a 30-day period an alternative binder, as determined by the Superintendent of Public Works as suitable to be of the same quality as an asphalt binder, can be used in lieu of asphalt binder; and if such binder cannot be determined to be used, this Board will default to asphalt.
DISCUSSION: Selectman Grasfield raised the issue of increasing the value of the Rattlesnake Hill property thereby increasing the (purchase) cost to the Town by paving this section of the road. Selectman Heitin did not share that opinion. Resident Jenny Leavitt requested that the Board consider the previous Board’s postponement of doing anything with this road until the Rattlesnake issue was settled . Chair Roach stated that the Town voted 7.5 million toward the purchase price of this property but that there is still no outcome as the Town is waiting for the State to match these funds, and that the Town is spending near the same amount for the binder every year to repair this section of the road. Selectman Grasfield echoed the concerns of the
residents that the Town will spend money and then have to tear up the road and that there will be an impact on the land value of Rattlesnake Hill.
VOTED: (Heitin/Roach) 2 - 1 (Grasfield opposed).
RECESS
The Board entered into a five-minute recess at 10:30 P.M.
The Board reconvened in Open Session at 10:35 P.M.
Community Preservation Act ( CPA) Resolution
Chair Roach stated that he is not in favor of this resolution. Selectman Grasfield continued to outline his reasons for the Town to support the resolution.
MOTION: (Grasfield) to support the Community Preservation Act ( CPA) Resolution.
Selectman Heitin stated that he was initially in favor of supporting the resolution, however, he has been swayed by calls from residents with concerns about it affecting the use of the funds in the future. He suggests that the Board wait to see how it plays out in the legislature.
MOTION NOT CARRIED
Community Preservation Act ( CPA) Ballot Question
The Board reviewed the language for the Ballot Question to be placed on the November election ballot as per Article 22 of the Annual Town Meeting.
VOTED: (Grasfield/Heitin) Voted unanimously to place the Community Preservation Act (CPA) Resolution on the ballot in November.
Capital Projects at Town Meeting
The Board reviewed Memo from R. Uyttebroek, Town Treasurer, dated June 1, 2004, notifying the Board that they must now vote and certify the “maximum useful life” of departmental equipment and that will become the term for the debt issued for the particular piece of equipment. Certificates are to be signed by the Clerk of the Board establishing the maximum term of the borrowings to be issued. A separate vote needs to be taken for each list of items.
Selectman Grasfield raised questions about certain capital outlay items not listed, i.e., the middle school flooring. This item has been deferred for one week.
New Mileage Reimbursement
The Board reviewed Memo from Joan M. Leighton, Town Accountant, recommending the Board approve an increase in the mileage reimbursement rate from .35 per mile to .37 ½ per mile.
VOTED: (Grasfield/Heitin) Voted unanimously to set the mileage reimbursement rate as .37 ½ per mile, effective July 1, 2004.
Banner Request - Sharon Garden Club
VOTED: (Grasfield/Heitin) Voted unanimously to approve a banner for the Sharon Garden Club for the dates of September 29 - October 6, 2004 in the first position.
Snow and Ice Budget
Selectman Grasfield referenced Memo from Eric R. Hooper, Superintendent of Public Works, dated June 4, 2004, with a history of appropriations and expenditures for the Snow and Ice Budget line item. Selectman Grasfield suggested that realistic expenditures ought to be reflected in the budget on a go-forward basis.
Clean Water And Drinking Water State Revolving Fund Programs
Selectman Grasfield referenced Letter from DEP, dated June 1, 2004 with a list for applicants of sustainable development criteria. He suggested that we keep this check list as part of our efforts toward smart growth.
Town Accountant - Monthly Report
Selectman Grasfield referenced the Town Accountant’s Monthly Report and suggested that the Board review monies left from prior year encumbrances, invite the Town’s Auditors to give a report on the FY 2003 audit, and that interested Board members and others possibly join the Town Accountant in the MUNIS training that she had requested, so as not to incur any additional cost.
In Appreciation
Selectman Grasfield expressed his appreciation to the various Town and Community organizations who have provided space for Community Center Building activities while the Community Center is closed to the public due to roof problems.
Household Hazardous Waste Day
Selectman Grasfield requested that this be scheduled as an agenda item on ways to improve the Household Hazardous Waste Day for next year.
History of Tax Recap/Revenue Sources
Selectmen Grasfield stated that a presentation of the 10-year tax recap/revenue history that the Town Treasurer recently provided in response to his request should be placed on the agenda.
EMail
Selectman Grasfield encouraged Town residents to EMail selectmen@townofsharon.net. He also stated as the Board has two new members, he would encourage Town employees to call them or EMail any concerns that they may have as they would like to hear from them.
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 11:05 P.M.
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