September 7, 2004
The regular meeting of the Board of Selectmen was held at 6:30 P.M. in the Sharon Town Offices with Chair Walter Joe Roach and Selectmen David I. Grasfield, William A. Heitin and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 6:32 P.M.
Minutes
It was the sense of the Board to hold the minutes of August 17, 2004 and Executive Session Minutes of August 3 and August 17
Budget Request Instructions\Revenue Forecast
The Board discussed the FY’06 Budget Request Instructions as dated September 8, 2004. Instructions call for a primary budget of no more than level funding based on the FY’05 Town Meeting appropriation, a plus budget with requests up to 10% of the primary budget, and a minus budget equivalent to 5% of the primary budget. Items discussed included:
Budget Review Schedule of all budgets within the Selectmen’s sector;
plan to complete budget reviews by November 23;
three main budget scenarios as level, plus 10%, and minus 5%;
accommodation within the three budget scenarios for optional budgets based on need;
suggestion to bundle smaller budgets;
Selectman Grasfield wants the Board to focus on the larger budgets; i.e., Police/Fire and DPW, Uncontrollables–during the earliest part of the budget process;
budgets to FINCOM by first week in February;
Selectman Heitin requested more detail within the larger budgets as to contractual obligations, where the Department Head would cut, etc.;
background of budget history of past few years and consequences of budget reductions and level-funded budgets;
Town historically has low staffing levels per capita for Police and Fire Depts. based on surrounding communities;
Selectman Grasfield discussed budget impact of proposal to add to each of the firefighters teams;
Selectman Heitin discussed need for guidelines within budget instructions without hindering requests for additional funding;
Selectman Grasfield advocated for a different approach to enable the Board to prioritize and address needs that clearly exceed the 10% guideline; e.g., adding another man to each shift at the Fire Department;
ability for Department Heads to prioritize budget and exceed the 10% guideline; and,
Budget Staff Meeting scheduled for tomorrow;
projected increase for Selectmen’s Budget of $366,098 based on FY05 Budget +5%;
Selectman Grasfield requests Revenue Forecast based on what is available independent of policy decisions;
Selectman Grasfield questions re full Prop 2 ½ levy and overlay account as policy decisions;
role of the Priorities Committee;
insufficient projected revenues to fund additional public safety employees;
supplemental memo requested from Department Heads when requests exceed the “plus” budget (Selectman Heitin);
change budget schedule to reverse order – larger budgets to be heard first (Selectman Grasfield);
consider that policy decisions impact available revenues and the priorities process (Selectman Grasfield);
scheduling of meeting with members of FINCOM and Priorities Committee to discuss revenue forecast, education of policy issues; with glossary prepared by Mr. Puritz and Mr. Uyttebroek;
projected revenues limit what the Town can do (Mr. Puritz);
make budget instruction guidelines more liquid;
projections build on level state aid (Mr. Puritz);
questions were asked about prior year’s budgets;
Mr. Puritz stated that from FY’02 - FY’05 there was an overall increase in the Selectmen sector budgets of about $19,000 or less than.3%.
concerns re 3% projected salary increase across the board (Selectman Grasfield;
cost-of-living increases/contractual obligations; and
departments that are below market rate vs. departments that are at market rate.
It was the consensus of the Board that a meeting with the FINCOM and Priorities Committee be scheduled as soon as possible to include a comprehensive presentation by Mr. Puritz and Mr. Uyttebroek. The meeting of September 21 will be scheduled to begin at 6:30 P.M.
Sprint Settlement Agreement
It was the consensus of the Board to defer this item until later this evening. Selectman Grasfield requested time to review the changes made by the Zoning Board of Appeals to the Agreement and Order for Judgment.
Fire Department Award Presentations - Chief Mann
Chief Dennis Mann recognized the following members of the Fire Department and presented Certificates as follows:
Perfect Attendance for FY'04:
Deputy Chief Steven Cummings
Captain Michael Greenfield
Captain John McLean
Captain Berton Cummings
Firefighter/EMT John Thomas VanVaerenewyck
Firefighter/EMT David Martin
Firefighter/Paramedic John Guiod
Firefighter/Paramedic William Morrissey
Firefighter/ Paramedic Kevin Binnall Firefighter/Paramedic Paul Rudik
Years of Service Awards:
35 Years:
Captain Bryant Simpson
Captain Michael Greenfield
30 Years:
Call Firefighter Alan Watterson
20 Years:
Call Firefighter Gordon Hughes
Call Firefighter Gary Kamp
Group #4 Citation for Breach Birth Delivery: Captain Berton Cummings
Firefighter/EMT Timothy Earley
Firefighter/Paramedic John Guiod
Firefighter/Paramedic Kevin Binnall
Firefighter/Paramedic Paul Rudik
The Selectmen expressed their appreciation to the firefighters.
Interview for Reappointment - Charles Healy - Sealer
The Board interviewed Charles Healy for Reappointment as the Sealer of Weights & Measures. He discussed certification requirements and the types of checks that he does throughout the Town, including gas pumps and supermarket scanners.
Interview for Reappointment - Animal Control Officer
The Board interviewed Diane Malcolmson for Reappointment as Animal Control Officer. Ms. Malcolmson has been in this position since 1990. She discussed the role and activities of her office including calls for dogs, cats, wild animals and the licensing of dogs under the Massachusetts General Laws.
Interview For Appointment - Wilber School Committee
The Board interviewed Richard Dansky for membership on the new Wilber School Committee. Mr. Dansky stated he grew up in Sharon and attended the Wilber School. He stated his background as a Master Electrician could be an asset to the Committee.
Interview For Appointment - Wilber School Committee
The Board interviewed Marty Sirkin for membership on the new Wilber School Committee.
Mr. Sirkin stated he grew up in Sharon and has served on various building committees and would approach the project as a business.
Interview For Appointment - Wilber School Committee
The Board interviewed Marilyn Kahn for membership on the new Wilber School Committee. Ms. Kahn has lived in Sharon for 47 years and has played an active role on various boards and committees, including the Beech Tree Park Committee. She stated she would like to see a “mixed use” for this building.
Vote to Lay-Out Bramble Lane
The Board reviewed a “punch-list” of outstanding items on Bramble lane as prepared by Peter M. O’Cain, Assistant Engineer in his Memo of September 7, 2004.
VOTED: (Grasfield/Heitin) Voted unanimously that it is the intention of the Board to lay-out Bramble Lane for acceptance at the October Special Town Meeting, subject to the approval of the Town Engineer and described as follows:
Bramble Lane: beginning from Station 0+00, thence running easterly, a distance of 463.88 linear feet to station 4+63.88, its terminus.
Expiration Date Determination for Selectmen Appointees
In answer to questions raised by various Board/Committee Members, the Board referred to its Policy re Annual Appointments, which states that: “The Selectmen shall make committee appointments so that the term of appointment expires on September 30 of any given year.”
Revenue Forecast Presentation and Explanation of Categories/Terms
The Board discussed this item extensively earlier in the evening. Selectman Grasfield suggested that the preliminary Revenue Forecast be posted on the website with DRAFT in big letters.
Senior Center Warrant Article
Mr. Arnold Kublin was present to discuss the Special Town Meeting article for a free-standing senior center at the Deborah Sampson site. Mr. Kublin gave a brief history of this project, including a study to place it within the Community Center Building, feasibility study funded by the Friends of the Council on Aging for a free-standing building at Deborah Sampson, and a more in-depth study funded by Town Meeting for this free-standing building, and then other plans to place the senior center within a combined Town Offices/Senior Center/Library at the Wilber School Building. Many of the seniors believed that the proposed costs of up to 23 million for the Wilber School project would add too much to their property taxes. Now that the Wilber School Project is not going forward, the Senior would
like to move forward the plan at the Deborah Sampson site. Mr. Kublin would like to get monies ($52,000) transferred to the Wilber School re-transferred back to the Council on Aging. Article 3 on the Fall Town Meeting warrant is to fund a new study. Mr. Kublin discussed the possibility of retaining the same architect for this building and have an update on the original plan ($40,000) at a cost of approximately $15,000. Mr. Kublin hopes to have an article ready for the Annual Town Meeting for construction of the new Senior Center.
Ms. Norma Fitzgerald, the Director of Council on Aging, spoke about the needs of the seniors in Town for space and increased programs. She stated that from 1970 to the present, programs for seniors have increased from 3 to over 45. Programs today include counseling services, classes, physical fitness, health, inter-generational activities, out-reach activities cultural and social events. A drop-in center for seniors is proposed within the new Senior Center.
George Donovan, former Selectman, spoke in favor of the project and the need for the seniors to have a place of their own. Selectmen Grasfield and Heitin expressed their support of this project. Mr. Kublin discussed the increasing senior population in Town with needs of not only the frail elderly but with the active seniors. Mr. Donovan stated that with seniors living longer and healthier lives, the Senior Center may be a place for job training. He further stated that, “it’s not a major expenditure and there’s a moral obligation to fill this need.”
S.H.I.N.E. Counselor and COA member Marilyn Stewart, and Mindy Kempner, President of the Friends of the COA expressed the need for this Center.
Recess
It was the consensus of the Board to take a five-minute recess.
The Board recessed at 8:55 P.M.
The Board reconvened at 9:07 P.M.
Review of Board of Selectmen sponsored Fall Meeting Articles
Article 1 - School Budget Transfer - This item allows for a transfer of funds from the School Department Budget due to an increase by the State in reimbursements for the cost of Special Education. The amount to be transferred is within the $431,000 - $500,000 range. This reimbursement brings this line item above and beyond the amount needed for this line item. Town Administrator Ben Puritz recommended that 50% of this money be dedicated to the Stabilization Fund and 50% be applied to reduce the property tax rate. Items discussed included:
discussion item with Priorities Committee;
bringing before the October Town Meeting;
can be used to reduce the tax rate;
part of the September 21st agenda;
underride can undo overappropriation (Selectman Grasfield);
capacity can be available for future use (Selectman Heitin);
underride removes this amount for future use - not included in the tax rate;
previous years’ monies raised and not spent were spent in subsequent years (Selectman Grasfield);
monies spent have been subject to appropriate reviews (Mr. Puritz);
Town Meeting does not discuss revenues – it discusses expenditures (Selectman Grasfield);
make this part of an Open Forum;
discuss a timeline for making a policy decision re underride/stabilization fund; and
include members of the School Committee, Finance Committee and Priorities Committee within Open Forum.
Article 2 - Community Center Reconstructing
This article will fund needed repairs to the Community Center Building (presently closed). Town working with the Insurance Company, Public Adjustor to come up with recommendations for either stabilization of the building plus desirable options based on architects’ report.
Article 3 - Design of Free-Standing Senior Center
This article will allow for reallocation of funds from the Wilber School design money.
New Wilber School Committee
As there are over 20 candidates, it is the consensus of the Board to cut off new applications for this Committee as of this Friday, September 10. The Board hopes to conclude its interviews for this Committee at its next meeting. There was a discussion as to how many people should serve and the importance of representation from all facets of the community. Selectman Heitin suggested the Board appoint the Chair and request his recommendation as to the make-up of the Committee.
Article 5 - Regional Dispatch
This Warrant will be deferred until the May Annual Town Meeting.
Article 6 - Recreation Department Supplemental Appropriation
This will allocate $25,000 for the operation of the Teen Center.
Article 9 - Article re Schedules in the Annual Town Meeting Warrant
This was requested by resident Gordon Gladstone. There was a discussion as to how many schedules would be included in the Annual Town Meeting Warrant. FINCOM representative present suggested that Mr. Gladstone felt strongly about including the tax rate calculations.
Articles 10 & 11 - re Storm Water Bylaws
These articles were previously presented to the Board by Peter O’Cain, Assistant Town Engineer, and are part of a Federal mandate.
Article 16 - Septic Program
This provides for a technical correction to the loan program for septic systems.
Article 1 - School Budget Transfer - Continued Discussion
Town Administrator Ben Puritz stated that $413,000 is guaranteed for state reimbursement, but that up to $714,000 is possible and $550,000 is the recommended amount of this Warrant Article. Selectman Grasfield stated that the BOS, the FinCom, and the Priorities Committee should have a say in the reimbursements above the $550,000, and Selectman Heitin agreed.
Article 2 - Community Center Repairs - Continued Discussion
Selectman Grasfield requested that the architects seek the input of the BOS per the RFP for services and that the Architect’s report be presented to the Board of Selectmen as legal owners of the building. Discussion will include current and future uses of the building.
Timeline for Prop. 2 ½, Underride, and other Revenue Forecast Policy Decisions
Selectman Grasfield discussed how the levy of Proposition 2 ½ drives the Revenue Forecast and how additional monies received could be eliminated from the funds to be raised on the tax rate. He suggested that the Board make the policy decision whether or not to levy the full 2 ½ % in a timely fashion. Selectman Heitin agreed, but stated that this discussion is clearly premature based on the lack of fiscal 2004 state certifications and the status of the 2005 revenue forecast.
Timeline for Making Decision on Finance Director/Planner Position(s).
Selectman Grasfield discussed the need for a Finance Director and a Town Planner and that this seems to be a good time to consider this within the Priorities Committee. He noted a survey done by Ms. Morse of the Selectman’s Office with similar positions and job descriptions in neighboring Towns. Chair Roach thought it may be possible to get one person to serve as Finance Director/Planner and Town Engineer. In answer to the question by Selectman Heitin, Selectman Roach, stated that Eric R. Hooper, Superintendent of Public Works, stated that there is an “urgent need” to have a Town Engineer. Selectman Grasfield encouraged the Board to consider sharing a Town Engineer with another Town. This will be rescheduled on another agenda or will be included in the
joint meeting of September 21.
Timeline/Requirements to Acquire “The Little House” for use by the Town
Selectman Grasfield added this item to the agenda as a proponent of this project to allocate $40,000 for the moving of this historical house to the Deborah Sampson Park Parking Lot be used as a Teen Center. He stated that for $40,000 the Town could add this building to its assets for future Town uses and that we should pursue it as a Town acquisition. Problems with additional repairs and septic issues were mentioned. This will be rescheduled on next week’s agenda.
Town-wide RF Study Presentation
Selectman Grasfield asked that this item be added to the agenda and requested that the Board be presented with a copy of the Town-wide Radio Frequency Study that it had commissioned and that it be presented as soon as possible. Town Administrator Ben Puritz discussed that a study was done by CompCom in conjunction with pending litigation but described the study as not being a town-wide radio frequency study. Selectman Grasfield noted that the Board approved the funding for the study at the time the affected neighborhood requested it. Ben suggested that there is no money to fund such a study. Selectman Grasfield questioned how the Board could make a public commitment to conduct a $2,500 study and then, having apparently failed to have done so, later argue
that the money was no longer available. Selectman Grasfield stated that he was certain the Board could come up with the $2,500 needed.
Selectman Heitin agreed that a complete study should be finalized. He strongly suggested that we do not utlize the most recent RF consultant based on the poor
quality of his current report. He suggested that Mr. Puritz contact the first consultant utilized by the town to reprice the project. Selectman Roach agreed with that approach.
Sprint Settlement Vote
Selectman Grasfield read a Memo from Richard A. Gelerman, Town Counsel, dated September 7, 2004, re: Sprint Spectrum - form of Vote. He announced that the Zoning Board of Appeals had voted earlier this evening on the settlement for Sprint. Selectman Grasfield read the entire Agreement and Order for Judgment as voted by the Zoning Board of Appeals.
Selectman Grasfield stated that he thought that this was the best outcome available to the ZBA and Board, but was not pleased with the process. He expressed his opinion that the neighborhood did not receive all the protection that a neighborhood would want. He further expressed the view re the process that in the future , "we make sure we get more timely and better communication from Town Counsel." Selectman Heitin and Chairman Roach agreed with Selectman Grasfield regarding the need for better communication. Selectman Heitin stated that communication is already getting better. He noted the current communication process underway with the South Walpole Street neighborhood and the process just begining with the reuse of the Wilber School.
VOTED: (Grasfield/Heitin) Voted unanimously that the Agreement and Order for Judgment is approved.
VOTED: (Grasfield/Heitin) Voted unanimously that attached Exhibit A, the plans for the facility are approved.
VOTED: (Grasfield/Heitin) Voted unanimously that Town Counsel is authorized to execute the Agreement on behalf of the Town of Sharon and to take such further actions as may be necessary to have an Order of the Court issue in accordance with the terms of the attached Agreement and Order for Judgment.
Lake Sampling - Memo from Linda Rosen, Board of Health
Selectman Grasfield quoted from information provided to the Board from Linda Rosen, Public Health Administrator, dated August 26, 2004 to clarify sampling tests and results in following up to information provided by Eric R. Hooper, Superintendent of Public Works in discussions of sampling results of Sucker Brook. She stated that, “as I have learned, e-coli is more specific to human contamination than is fecal coliform.” Selectman Grasfield pointed out that Sucker Brook is a non-swimming area, but results are indicative of human contamination and that other tests should be conducted to determine the cause. He reiterated his previous request that all of the relevant parties be brought together to discuss water-related issues outside of the Selectmen’s meetings.
Executive Session Minutes
Selectman Grasfield asked where citizens could find previously released Executive Session minutes from the Board of Selectmen. Ben Puritz and Kathy Byrne indicated that BOS Executive Session minutes have never been formally released. Selectman Grasfield noted that the State’s Open Meeting Law requires release of these minutes. In response to the noted delay in the release of the past year’s Executive Session Minutes, Selectman Heitin, stated, “I am the delay” as it related to those minutes we received two-four weeks ago. Selectman Heitin also stated, confirming with Mr. Puritz, that all minutes including Executive Session Minutes have always been available upon request which is no different than other Sharon Committees or communities within the Commonwealth. He stated that it has only been of late that the Town has posted minutes. When asked if minutes have ever been requested, Mr. Puritz stated yes. It was noted that pending and sensitive items need to be redacted.
Local Emergency Council Meeting
Chair Roach reported on attending a meeting this morning of the Local Emergency Council. Items discussed included shelters and funds available for updating and reimbursements for food and supplies. The Council is seeking more involvement and support from the Board of Selectmen.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing matters of pending litigation, collective bargaining, and a personnel/discipline matter and to adjourn at the conclusion thereof.
The Board exited the Open Session at 10:15 p.m.
Grasfield, aye; Heitin, aye; and Roach, aye.
| 
