August 31, 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 and Selectmen David I. Grasfield, William A. Heitin and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 7:32 P.M.
Minutes
VOTED: (Grasfield/Heitin) Voted unanimously to approve the minutes of August 3, 2004 as printed. The Executive Session Minutes of August 3 were held for discussion in Executive Session and the Minutes of August 17 were held, including Executive Session.
Interview for Reappointment - Jane Desberg - Housing Partnership
Ms. Desberg stated this would be her third reappointment to the Housing Partnership. She feels that after being dormant for a period that there is a “new wave” coming for the Partnership working in conjunction with the Planning Board and Zoning Board for affordable housing. She discussed a proposed use of municipal land near Hixson Farms for affordable housing. The Housing Partnership has only one other member, Alan Lury, and is hoping for a number of new ones with the goal of having an active Committee of five - seven members as of a few years ago. Selectman Grasfield asked what the cause for the “dormancy” was and if the BOS could do anything to help, noting that the town has a considerable amount of Town-owned property. Selectman Heitin was interested in
understanding the availability of grant financing associated with public housing. Ms. Desberg stated that she would get back to the Board.
Interview For Appointment - Chuck Levine - New Wilber School Committee
Mr. Levin discuss his being an active volunteer within the Town, including being the Chair of the Cable TV Oversight Committee, and his business experience with building and leasing responsibilities. He discussed his ideas for public/private use of the Wilber School Committee and his interest in serving on this Committee.
Interview for Reappointment - Sheila Pallay - Council on Aging
The Board interviewed Sheila Pallay for reappointment to the Council on Aging. She stated that her number one priority is seeing a Senior Center built. Selectman Grasfield noted that she participates strongly on every issue before the Council on Aging and asked if there was anything the Board could be doing. Ms. Pallay stated, “support us.”
Interview for Reappointment - Richard A. Gelerman, Town Counsel
The Board interviewed Richard A. Gelerman, Town Counsel, for reappointment as Town Counsel. Mr. Gelerman has been Town Counsel for 16 years and has a practice with eight attorneys, four in Municipal Law. He advises the Town on all legal matters and represents the Town before litigation. He stated that he, “talks to Ben twice a day.” Selectman Grasfield asked about balancing the Town’s matters occasional need for confidentiality with the public’s right to know. Mr. Gelerman expressed the difficulties in matters of litigation with providing information without giving away strategy and that he needs to rely on his judgement and common sense on a case by case basis. In answer to the question by Selectman Grasfield as to how he is certain that
he is representing the public’s interest, Mr. Gelerman stated that he represents the public’s interest by representing the Town Boards, and he considers the Board and the Board of Appeals his clients. He further stated that this is a policy issue, and, “I am not a policy person.” Policy is established by the many boards (in communities) in Town. He assists in the implementation of already established policy. Selectman Grasfield suggested that the Board meet with Mr. Gelerman on a more frequent basis. Chair Roach and Selectmen Heitin expressed their appreciation to Mr. Gelerman and his staff. Mr. Gelerman replied that, “it has been a honor to be Town Counsel in Sharon.
Interview for Reappointment - Hanford Langstroth, Conservation Commission
The Board interviewed Hanford Langstroth for reappointment to the Conservation Commission. He has been a member of the Conservation Commission since 1991. He stated his expertise is in wastewater and wetland issues. He stated that due to the financial situation of the EPA, the responsibility for wetlands is falling on local government. In answer to the question by Selectman Grasfield, Mr. Langstroth stated that challenges facing the Conservation Commission include issues related to 40B projects with high concentration density on small areas, protection of water supplies and maintenance of water reservoirs. In answer to questions by Selectman Heitin, Mr. Langstroth discussed possible small waste water treatment projects re Wilber School and Pond Street.
Interview for Reappointment - Richard Powell
The Board interviewed Richard Powell for reappointment to the Zoning Board of Appeals. Mr. Powell is serving his third year on the Board. He stated he is an attorney and Chief of Staff for State Senator Cynthia Cream and is also a real estate broker. He reported on the activities of the Board with 40B projects and applications by residents.
Interview for Reappointment - Dan Rosenfeld
The Board interviewed Dan Rosenfeld , Chair of the Zoning Board of Appeals for reappointment. He spoke about juggling the large 40B projects with all the residents applications and making sure everyone gets time to be heard. Selectman Heitin suggested getting together periodically to help coordinate legal matters. Mr. Rosenfeld stated he would continue to serve till the conclusion of three pending 40Bs.
Vote on Settlement Agreement with Sprint
This item has been postponed for one week waiting for the Zoning Board of Appeals to take a position on the Settlement Agreement.
Inappropriate Behavior - Committee Member
Richard Kramer was present to request that the Board take action on Water Management Advisory Board member Jack Sulik and his use of inappropriate language during two meetings of that Committee.
Chair Roach stated that Mr. Sulik used a “bad choice of words,” but that he did not think it warranted the removal of Mr. Sulik from the Board. He stated that he understood that Mr. Sulik apologized to the Committee and everyone in the room. He stated that Mr. Sulik said to him that he spoke out of frustration and that he wished he never made the comments. Mr. Roach stated that he had heard from a lot of people and they don’t feel that Mr. Sulik should be removed from the Committee.
Selectman Heitin agreed stating that he had the opportunity to talk to members and former members of the Water Management Advisory Committee and that the Board had received numerous letters that were supportive of continuing to have Mr. Sulik on the Committee. He stated that he thought a firm reprimand was appropriate at this time. He also stated that this was not the first time nor was he the only person who has raised his voice in the public session of this Committee. Selectman Heitin noted that it is a very hot Committee with differing view points that will need to be focused over the next few months so we can address the Town's water issues.
Selectman Grasfield stated that he would read a letter that was presented to the Board in a sealed envelope and he asked why it was sealed. Town Administrator Ben Puritz explained that it contained “graphic words” and he did not want to offend the sensibilities of anyone who came across the letter. Selectman Grasfield noted the irony of finding it necessary to seal an eyewitness account of Mr. Sulik’s behavior without finding that to be behavior grounds for removal.
Selectman Grasfield proceeded to read the letter from the Conservation Officer, Greg Meister, dated August 30, 2004 substituting certain expletives used by Mr. Sulik in an episode that occurred between Mr. Sulik and Mr. Meister at the June 10th meeting of the Water Management Advisory Committee. Selectman Grasfield stated that this second incident should be the topic of discussion He said that had Mr. Sulik used inappropriate language while referring to an object, like a water meter or water pipes, he basically wouldn’t have been troubled unless someone present had been offended by the language, but Mr. Sulik’s language was directed at a Town employee who has a right to expect the Board’s protection from verbal abuse and threats of that kind.
Selectman Grasfield noted that he didn’t think the BOS would tolerate even a single instance of this type of behavior directed against itself, and it should not tolerate it directed against somebody else. He suggested that Mr. Sulik should resign. Ms. Alice Cheyer stated that she agrees with Chair Roach and Selectman Heitin as both were using bad words and both are capable of defending themselves. She stated that this is symptomatic of a very contentious committee.
Chair Roach stated that after speaking with Chair McGregor of the Water Management Advisory Committee he agrees with Selectman Heitin. Selectman Heitin stated that a written letter should be sent to Mr. Sulik re this incident.
VOTED: (Roach/Heitin) Voted unanimously to send a letter to Mr. Sulik stating that this Board feels very strongly that it will not tolerate this type of language, and if it should happen again in the future, “you will be immediately removed from the Committee.” (WMAC)
MOTION: (Grasfield) to ask for Mr. Sulik’s resignation.
Not Carried
Resident Marcia Lieberman encouraged the Board to clearly set the standard for Town behavior stating that if she were on the Committee, she would quit. Selectman Heitin offered the opinion that, “it is not the appropriate time to release him from the Committee.” Ms. Lieberman replied, “no one is indispensable.” Selectman Heitin agreed.
The Board interviewed Kevin McCarville for a position on the Zoning Board of Appeals. Mr. McCarville’s professional experience is in data processing; however, he believes that his appointment to the Zoning Board “might be a breathe of fresh air.” He stated he wanted to give back to the community and that he had a particular interest in “good industrial development.”
Board members were impressed with Mr. McCarville’s enthusiasm and asked if not appointed to the Zoning Board, he would consider serving on the Industrial Development Committee or the Wilber School Reuse Committee. Mr. McCarville had stated that, “ my interest in the Zoning Board of Appeals is to me first and foremost.” Selectman Heitin encouraged him to “hang in there” as people do get off boards. Mr. McCarville agreed to have his name added to those interested in serving on the Wilber School Committee.
“The Little House” Relocation Project
Marjorie Mitlin and Nancy Rae were present to discuss a proposed relocation project re a historical house that needs to be relocated or demolished at its present site due to development. The Little House would be relocated to the Deborah Sampson Park parking lot site to be used as a Teen Center. Ms. Mitlin discussed the need for a new and permanent space for the Teen Center and the advantages to having it at this site with present recreational facilities and in conjunction with the future vision here for the new Senior Center and Athletic Building with Pool. She also stated that the house could have alternative uses for the Town if it ceased to be used as a Teen Center.
She discussed the costs (up to $3,500 per day) involved in moving the house from the end of Wolomolopoag Street to Deborah Sampson, including the need to involve the utility companies to take down wires. Chair Roach stated that neighbors to Deborah Sampson would need to be notified to attend an Open Hearing and that there would need to be a great deal of coordination. Ms. Rae stated that November would be the earliest the utility company could remove and put back the wires.
Members of the Historical Commission were present. Both Gordon Hughes and David Martin expressed their enthusiasm for preserving this 1700's historical home as it is moving close to a six-month demolition delay date. In answer to the question as to whether there would be grants available for this purpose, Mr. Reese Schroeder thought there may be but that the property is not within an Historic District that would qualify for that type of grant application.
Selectman Grasfield expressed support for the project and praised the “Little House” folks and the Teen Center people for their efforts to date in trying to raise funds. He suggested that since the cost to acquire the house is only the cost of the move – roughly $40,000 – that this was “short money” for a public asset and that the Town should pursue acquiring it. He hoped that the Little House, Teen Center, and Historical Commission might work together to raise money to fix it up.
Ms. Mitlin stated that she would keep the Board informed as more information becomes available.
Police Station Rehabilitation Contract
Town Administrator Ben Puritz stated that this project had been previously approved for funding at a prior Town Meeting through the Capital Outlay process with $130,000 appropriation and held in abeyance during the plans of the Facility Planning Committee. A new Police/Fire Complex was proposed after the now defunct Wilber School Reuse for Town Office/Library and Senior Center. He reported that after ventilation/air-condition renovations and the hiring of an expert fo the design and project bid, there is a balance remaining from the $130,000 of $81,000.
Mr. Puritz referred to a memo from Peter O’Cain, Assistant Town Engineer, dated August 5, 2004 recommending that a contract be awarded to Fournier Construction Company in the amount of $186,500.00. He further discussed encumbered funds from the prior year’s operating budget of the Police Department in the amount of $108,000.00 and that no further borrowing would be required to complete this project that would include extending the second floor loft of the Police Station to create a conference room and storage room. The lobby area and the second floor will also be expanded by moving out the existing front of the building. Chair Roach stated the contractor is about to mobilize for this construction season and will include buttoning up the roof.
Selectman Grasfield discussed the prior Capital Outlay appropriation for the Police Renovation project and questioned whether one could use operating funds that have been encumbered to augment a previously approved capital project. He stated that with an upcoming Town Meeting Schedule, there is an opportunity to bring this before the Town. He asked whether an opinion had been sought from the state as to the use of encumbered funds of over $100,000. Mr. Puritz stated that he had verified this with the Town Accountant who is very careful about these matters. Selectman Grasfield reiterated that it was the approval of the State that he was interested in, and Mr. Puritz offered to pursue the matter with the Town Accountant and State Department of Revenue.
Selectman Heitin stated that the use of encumbered funds was not an issue; and, in fact, encumbered funds have been used to supplement capital projects across the Town Departments during his years on the Capital Outlay Committee and that, “it is not precedent setting.” He stated that there is no prohibition for this type of capital project. He further stated that proceeding now is in the best interest of the Town taking advantage of funds available due to vacancies within the Police Department.
Selectman Grasfield stated that he had placed calls to the Department of Revenue based on the memo included in last week’s agenda, and that the DOR was very troubled by it. He asked the Board to seek an opinion from the Department of Revenue re the use of the encumbered funds so that we are doing this in a way that is permissible particularly as there is a Special Town Meeting coming up where it could be brought before Town Meeting. He also stated that, in his opinion, this is the type of decision for which Town Meeting should have its say, since circumstances can change over the several years since the original project was presented and because the proposed increase is so large relative to the original appropriation and relative to the Police Operating Budget.
MOTION: (Heitin/Roach) to approve the Police Station Rehabilitation and to award a contract to Fournier Construction Company, Quincy, MA in the amount of $186,550. pending a Department of Revenue clarification or approval of the utilization of encumbered funds.
Selectman Heitin requested that Town Counsel be involved in the discussion with the Department of Revenue. He stated that he was a volunteer for the Town and did not have the time to commit to researching this issue thoroughly. Selectman Grasfield asked a question as to the urgency of voting this tonight and Mr. Puritz stated that it had been held for over three meetings. Selectman Grasfield stated that while the memo had appeared in the BOS’s correspondence packet during the summer in a week when the Board wasn’t meeting, it had appeared on the agenda for the first time to be discussed and/or acted on for the first time last week, and Selectman Heitin had asked that it be held at that time. Selectman Heitin stated that we were aware of this project, based on a
memorandum issued by Mr. O’Cain, but Selectman Grasfield stated that an award has not been made. Selectman Heitin noted that the RFP was done during the fiscal year and the awarded contract was ready to be signed in the beginning of June. He also stated that this expenditure was foreseen before fiscal year end.
Selectman Grasfield also suggested that we not engage Town Counsel as we can call the Department of Revenue for free. Selectman Heitin disagreed. He stated that we need to do the appropriate research prior to contacting any State agency or one as one might get an opinion from a clerk without the research and knowledge base. Selectman Grasfield stated that, though his initial call to the Department of Revenue may have been fielded by a “clerk,” he was then referred to DOR’s Legal Hotline since DOR maintains “a pool of lawyers.”
Selectman Grasfield stated there are two issues:
1. Permissibility of proposed approach.
2. $108,000 from operating budget to augment a previously approved $130,000 capital project is significant and warrants the need to be put forth for the Town to voice an opinion on it.
VOTED: (Heitin/Roach) Voted 2 - 1 (Grasfield opposed) to approve the Police Station Rehabilitation Project and to award a contract to Fournier Construction Company, Quincy, MA in the amount of $186,550. pending a Department of Revenue clarification or approval of the utilization of encumbered funds.
Selectman Heitin volunteered to take care of the Department of Revenue opinion.
Administrative Secretary - Job Description Review
The Board reviewed a Memo from Town Administrator Ben Puritz, dated August 12, 2004 with a summary of “Education” and “Experience” qualifications extracted from position descriptions obtained from the “comparable communities” regarding the Job Description of the position of Administrative Secretary to the Board of Selectmen. Mr. Puritz stated that the Personnel Board requested that this position be reviewed as part of its policy to review each job description within a three-year period. He further stated that Katherine Byrne, the Administrative Assistant, and he agreed with revisions to the job description, except for two areas: the education requirement and the position title. Katherine Byrne feels the position is more of an Executive Assistant Position and that
the Education Requirement should be a Bachelor’s Degree. The job description now reads, “High school diploma required, with advanced administrative and clerical training; Bachelor’s Degree desirable; five years experience in a responsible administrative position...”
The Personnel Board requested that the Board of Selectmen make its own determination in regard to the qualifications.. However, Mr. Puritz recommends that the Board advise the Personnel Board of the validity of the “Education and Experience provisions contained in the “Administrative Secretary” position as previously provided to the Personnel Board.
Katherine Byrne spoke on her behalf and referenced comments in a statement previously provided to the Board, stating that, “in 1988, I was chosen for this position out of 17 candidates and understood that my having a college degree was a factor.” She argued that Sharon is a well-educated Town, a large percentage of the population have college degrees and that a younger person would most likely come in with a college degree.
She also stated that the survey attached was limited to the position of Administrative Secretary in comparable Towns ignoring the positions of Executive Assistant, as in the Town of Canton. She provided copies of an ad for a comparable position recently advertised for the Town of Framingham for an Executive Assistant with a requirement for a Bachelor’s degree. She also had provided a position description for an Assistant Town Administrator in the Town of Brookline with very similar duties, though denying she acts as an Assistant Town Administrator, that has Bachelor’s Degree as the qualification. She further stated that the position of Executive Assistant with a degree requirement is becoming the industry standard for assistants to the CEO.
Mr. Puritz stated that Ms. Byrne is planning to retire within 2 - 3 years and that he would not want to limit job applicants by making the degree a requirement. Selectman Heitin agreed. Selectman Grasfield pointed out that the qualification of “Bachelor’s Degree” on the job description has a direct result in the compensation of the position per the ratings of the Personnel Board.
Ms. Byrne stated she disagreed with Mr. Puritz’s assessment that this review is only about the position, and she stated that, “it is also about me.” She reported that she was the only full-time employee who was considered a “Miscellaneous Person” and who was not assigned to a “Grade” until the year 2000 (from 1988); and consequently, others that are now in the same grade, but were hired after she was, are further along in their compensation. Mr. Puritz stated that being a “Miscellaneous Person” was not a detriment to Ms. Byrne. A brief discussion ensued as to whether or not Ms. Byrne could have been a member of a union. Mr. Puritz said she could not because she was classified as a “Confidential” employee.
Selectman Grasfield suggested that the Board look to adding certain duties to Ms. Byrne and the position description that would assist the office and be reflected in the ratings. Selectman Heitin stated that he would be willing to consider a compensation adjustment after closely analyzing similar job descriptions and duties. He also suggested that each Selectman meet personally with Ms. Byrne to review her position and that we should make sure job descriptions comparisons are reality based.
As this item has been pending since October 2003, Mr. Puritz asked that the Board vote this evening to advise the Personnel Board on the Minimum Qualifications as it states in his Memo of August 12, 2004:
“High School diploma required with advanced administrative and clerical training; Bachelor’s Degree desirable; five years experience in a responsible administrative position...”
It was the consensus of the Board to schedule this item again within a few weeks after doing more in-depth comparisons.
Selectmen’s Goals
Selectman Grasfield asked that this item be added to the agenda to give Selectman Roach another opportunity to add any goals he thought important for the Board to address. He noted that both he and Selectman Heitin had suggested three goals each several weeks earlier. Selectman Roach indicated he would be prepared to discuss this at the next meeting.
Town Administrator’s Goals
Selectman Grasfield asked that this item be added to the agenda so that the Executive Secretary’s Goals could be consistent with those of the Board, as the policy-setting body. Ben briefly highlighted the structure of his prior year list of goals, noting that there were approximately 50 goals in total. Selectmen Roach suggested meeting individually with Mr. Puritz to review his goals and performance. Selectman Grasfield noted that “performance” is an Open Session topic and that serial conversations are prohibited by the Open Meeting Laws as well. Selectman Grasfield stated that the Town Administrator goals to be accomplished between July 04 - June - 05 should be set earlier; and the number of goals needs to be reduced to well under 50.
Revenue Forecast
Selectman Grasfield stated that one of his personal goals was and is long-range planning. He stated that that requires some sense of historic information re revenue forecasts, which is why he requested the 10 Year revenue History, and would like a more pro-active approach to the current year and beyond. Selectman Heitin expressed the opinion that there is a lot of time to go through the revenue forecast and that it would be very helpful for the Board to go through each line of the Revenue Forecast working through Mr. Puritz and Treasurer Rob Uyttebroek. He suggested that if the Finance Committee wants to join us, it would be a good thing. It was suggested that this be added to the agenda of September 14. Selectman Grasfield stated that even in its early form, it is the responsibility of the
Board to understand the revenue side well before Priorities Meetings begin.
Town Administrator Ben Puritz stated that he was not comfortable with presenting a very rough cut of the revenue forecast as the books are not closed on local receipts, but that he would meet with the Treasurer and work on it this week. Selectman Grasfield reiterated that he has made it clear several times that he wanted to see an early version of the Revenue Forecast as soon as it was created. He requested that the current version be e-mailed to him without further delay. Selectmen Heitin asked for a definitions summary as to what each line means.
Rodman Ride for Kids
The Board reviewed Letter from the Rodman Ride for Kids, dated June 21, 2004. requesting permission to pass through the Town of Sharon, on Saturday, October 2, 2004. Chair Roach pointed out that the Town has always received a donation from the Rodman Ride for Kids and it is put toward the Recreation Department’s Graduation parties.
VOTED: (Grasfield/Heitin) Voted unanimously to grant permission for the Rodman Ride for Kids to pass through the Town on Saturday, October 2, 2004, subject to approval and conditions of the Police and Fire Department.
Nepotism Exemption - Fire Department
The Board reviewed a Memo from Chief Mann, dated August 27, 2004 requesting that the Board concur with an exemption from the Nepotism clause to hire Kurt Simpson, son of Captain Bryant Simpson, as a Firefighter/Paramedic. Selectman Grasfield read the one-page memo so that the community could here the rationale in this specific case.
VOTED: (Grasfield/Heitin) Voted unanimously to concur with the recommendation of the Fire Chief re a Nepotism Exemption for Kurt Simpson.
Request for Reimbursement for Tree Removal
Selectman Heitin noted a letter from Victoria A. Gray requesting reimbursement of $450.00 in costs to pay to have limb from a Town-owned tree removed from her driveway. He further stated that he supports this request for reimbursement.
Rattlesnake Hill
Selectman Grasfield noted correspondence from our three State legislators addressed to Douglas Foy in support of funding for the acquisition of Rattlesnake Hill. He suggested that the Board follow-up with its own letter. Selectman Grasfield volunteered to draft this letter for the Board.
FY’06 Budget Review Schedule and FY’06 Budget Request Instructions\Early Agenda
Selectman Grasfield requested that this be scheduled on the next agenda for discussion. He stated that he would like to make improvements to the budget review process with an emphasis on the larger budgets. It was the consensus of the Board to schedule its next meeting for 6:30 p.m. to discuss this item. Selectman Grasfield suggested that the Board should also discuss as policy decisions, such as whether or not to levy the full 2.5% permitted by Prop. 2 1/2 and a possible Proposition 2 ½ Underride.
Finance Director and Planner
Selectman Grasfield reminded the Board of this pending action item that he had proposed and requested the surveys be provided to the Board.
Town-Wide Radio Frequency Study
Selectman Grasfield asked for a copy of that the Town-Wide Radio Frequency Study that was commissioned by the Board, if completed, be presented as a first step in a more proactive approach to cell tower placements going forward.
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 Disciplinary matter and to adjourn at the conclusion thereof.
The Board exited the Open Session at 10:35 p.m.
Grasfield, aye; Heitin, aye; and Roach, aye.
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