September 21, 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 6:35 P.M.
Minutes
VOTED: (Grasfield/Heitin) Voted unanimously to the approve the Minutes of September 7, as printed. The Executive Session Minutes of September 7 will be held.
VOTED: (Grasfield/Heitin) Voted unanimously to the approve the Minutes of September 14, as printed. The Executive Session Minutes of September 14 will be held.
VOTED: (Grasfield/Heitin) Voted unanimously to the approve the Executive Session Minutes of August 3, 2004, as printed.
VOTED: (Grasfield/Heitin) Voted unanimously to the approve the Executive Session Minutes of August 17, 2004, as printed.
VOTED: (Grasfield/Heitin) Voted unanimously to the approve the Executive Session Minutes of August 31, 2004, as printed.
Revenue Forecast
Town Administrator Ben Puritz and Rob Uyttebroek, Town Treasurer, presented an overview of the preliminary Revenue Forecast, dated September 21, 2004. Members of the School Committee as well as Superintendent Claire Jackson and Assistant Superintendent Barbara Dunham, and members of Finance Committee were present. Selectman Heitin emphasized that the answers to the following questions should be included:
“How this forecast is developed?”
“Where the numbers come from?”
“Who determines the numbers and the timing?” and,
“When is the best time to consider the numbers solid, such as State aid?”
The Board reviewed FY06 estimates in three columns as low, mid and high. Particular emphasis was given to the following items:
$225,000 as New Growth in the mid column;
New Growth Calculations from FY 05 levy base of $36,159,437;
Total Tax Revenue of $41,559,077 in the mid column;
projected Cheery Sheet figure of $9,170,360 in the mid column;
Total Local Sources of $5,007,135 in the mid column;
Free Cash of $1,000,000 in all three columns;
Overlay Reserves (released by Board of Assessors) of $550,000 in all three columns;
Water Surplus of $1,500,000 in all three columns;
Fixed & Uncontrollable of $16,305,467 using 4.72% increase from FY’05;
Funds available for Appropriation at the Annual Town Meeting - $37,658,648 mid column–expected increase of 2.62% in all columns;
Budget allocations are 20% Board of Selectmen, 3.8% Finance Committee and 76.2/3 % for the School Committee;
Difference between available funds and maintenance budget is -2.32% for all sectors; and,
Reductions in appropriations in the Selectmen’s Sectors during 2002 - 2005.
Questions were answered as follows:
State Aid determined by the state legislature budget process;
Priorities Committee plays a direct role in preparing the financial forecast and projected budget allocations;
Tax recap sheet prepared by the Board of Assessors;
Certification of Free Cash;
Amounts used as a reserve;
Selectman Grasfield stated that in a BOS meeting with the Assistant Assessor last year, the Board was told that the Excise Tax figure shown was not the figure the Assessors sent to the State. Selectman Heitin requested that the Board discuss the utilization or expenditure side of Free Cash (that is constant at one million) and how the amount impacts property tax under Proposition 2 ½ . FinCom member David Hearne questioned why variances in Free Cash do not carry forward year after year.
Selectman Heitin asked questions about how determinations are made re allocations going back into free cash. Mr. Hearne asked questions about excise tax estimates that are consistently 25% below budget. In answer to the question, Mr. Uyttebroek stated that rates for motor vehicles are set by the State. Mr. Puritz stated that the numbers used for excise taxes are within guidelines as set by the State.
Questions were asked about the variability of predictions, why some projections (Transportation Bond) were left at zero, and how projected reductions in debt service are due to reimbursements. It was emphasized that the Revenue Forecast will be updated as numbers become available and that the numbers are low estimates.
Mr. Goodman of the Finance Committee asked why it is projected that expenditures are going up while revenues are going down.
Selectman Heitin suggested that prior to setting the tax rate, the Selectmen suggest to the Assessors that they not raise everything (allowable under Proposition 2 ½), and that they determine what revenues previously raised would roll into Free Cash.
There was a discussion of charging back during this year certain items within the fixed and uncontrollable category to the Departments, including FICA, property and health insurance, and retirement. It was also suggested that the stabilization fund be discussed with Priorities Committee. Mr. Puritz will coordinate the scheduling of a Priorities Committee Meeting.
Selectman Grasfield asked that a couple of columns be added to the Revenue Forecast to promote greater clarity by showing who provided the required input or policy decision to each line and when the required information would be available, as both he and Selectman Heitin had requested, and that it be then posted to the website. Selectman Grasfield also questioned why the increases to the budgets during the years prior to FY2002 were not discussed. He pointed out that the only decrease to the entire Town Government appropriation was in the year 2004 and was -1.27%. He encouraged all boards and committees involved in these discussions to provide more complete information, not simply highlighting certain years. In answer to the question, School Committee Chair Andy Nebenzahl stated that increases in
expenditures were the result of an override. Selectman Grasfield responded that this was only true of the recent years, not the ten that he cited. Mr. Puritz pointed out that very preliminary figures show a 2.62% increase to the FY’06 operating budgets subject to review by Priorities Committee.
Selectman Heitin closed by saying that this was a good start to an open process that will continue at the first Priorities Committee meeting within the next few weeks.
Recess
It was the consensus of the Board to recess at 7:55 P.M.
The Board reconvened at 8:00 P.M.
Michael Rothberg Memorial Road Race
Kathy Russo was present to distribute information about the Third Michael Rothberg Memorial Road Race to take place on October 3, 2004. This race will honor the memory of all those lost on September 11 and the proceeds are used to fund scholarships and awards for Sharon High School.
Budget Review - Veterans - Paul Bergeron
Paul Bergeron was present to review the preliminary FY06 Budget for the Veterans Agent in the amounts of $18,338.00 (level); $17,421.00 (minus) and $20,172.00 (plus).
Budget Review - Graves - Paul Bergeron
Paul Bergeron was present to review the preliminary FY06 Budget for the Veterans Graves in the amounts of $2,904.00 (level); $2,759.00 (minus) and $3,194.00 (plus).
Budget Review - Community Celebration - Paul Bergeron
Paul Bergeron was present to review the preliminary FY06 Budget for the Veteran’s Agent in the amounts of $2,073.00 (level); $1,969.00 (minus) and $2 ,280.00 (plus).
Civil Defense Budget FY’06 - Michael Polimer
Michael Polimer was present to review the preliminary FY06 Budget for Civil Defense in the
amounts of $9,400.00 (level); $8,930.00(minus) and $10,340.00 (plus).
Senior Issues - Norma Fitzgerald and Arnold Kublin
Arnold Kublin, Chair of the Council on Aging, discussed the following items:
the graying of the South Shore;
projections of 20% of population of Sharon to be over 60 by 2020;
need for Senior Center;
need for tax relief;
need for age-qualified housing; and,
request for support of Selectmen for zoning changes for affordable, age-qualified housing and in-law apartments.
Norma Fitzgerald, Director of the Council on Aging, discussed the following items:
to promote the well being of every elder over 60 in the Town;
the coordination of services;
inter-generational components;
results of survey - 499 residents (out of 798 respondents) expressed concerns re property taxes;
need to keep seniors in the community;
need for assisted living facilities;
seniors living healthier, longer lives;
trips being planned for seniors with scholarships available; and,
articles submitted to the legislature for property tax relief.
Mr. Kublin requested the support of the Town to fund $15,000 for the design of a free-standing senior center at the upcoming Special Town Meeting. Ms. Fitzgerald noted the on-going activities of the Council on Aging using available space in other Community facilities because of the closing of the Community Center.
Chair Roach suggested that in the interim more room may be available within the Community Center when it reopens as the Cable TV Studio space will be free. Selectman Grasfield suggested meeting with members of the Planning Board to discuss zoning changes. He also suggested enacting our own home-rule petition for tax relief. Selectman Heitin expressed his support for a change in the zoning bylaws for the Annual Town Meeting to allow for in-law apartments and other recommended changes.
Community Center Renovations/Repairs - STV
Melissa Bennett, architect with STV, and Tom Quinlan, Engineer, was present to review draft summary report and estimates for the repair and renovations to the Community Center Building. A budget was prepared for architectural, structural, HVAC, plumbing and fire protection, and electrical work. Items discussed included:
history of the building;
replacement of roof;
problems with and upgrades needed to the second floor;
fire safety;
disability accessibility and ADA compliance;
building codes and code upgrades;
repairs to be made in phases;
replacement of ceilings;
Phase 2 - would include elevators to the second floor;
structural steel and timber repairs;
mason repairs needed to outside of building;
programmatic changes to the building;
Estimated cost of repairs/renovations is $1,061,450 for Phase One, does not include installation of elevator. This amount does not include any reimbursements due from insurance. A separate report will be coming from the insurance adjustor. Selectman Grasfield urged that information from the insurance adjustor be made available as soon as possible as this there is an article on the upcoming Special Town Meeting to appropriate funds for this project. Selectmen Grasfield and Heitin asked Mr. Puritz when the BOS could expect information from the adjuster. Mr. Puritz stated he will have this information available for the next meeting.
Release of Executive Session Minutes
Mr. Puritz noted that the Executive Session minutes from the twelve months prior to the last election had been provided to the Board for their review. Selectman Grasfield expressed the opinion that the Open Meeting Laws require a formal release of the Executive Session Minutes in a timely fashion and that the redaction necessary to do so would not be difficult to complete. Both Mr. Puritz and Selectman Heitin noted that the review of the previous twelve months were in process.
Law Budget - Ben Puritz
Town Administrator Ben Puritz reviewed the preliminary FY’06 Budget for Law in the amounts of $97,000.00 (level); $92,150.00 (minus) and $106,700.00 (plus). Selectman Grasfield noted that a reserve fund transfer was required for FY’04 and suggested that this budget may need to be higher. It was noted that there were two large matters of litigation during that period. Selectman Heitin suggested that this budget may need to be increased based on the known pending cases.
CPA Funds/Community Center Repairs - George Bailey
Resident George Bailey appeared to request that the Board insert language into the request for funding for Community Center Repairs that would allow partial use of CPA funds from the Community Preservation Act if and when it is passed by Town Meeting. Without the wording, use of these funds that may become available would be prohibited for a project previously voted without mention of the use of CPA funds.
Memorial Park Beach Access - Bonnie Klane
Resident Bonnie Klane was present to request that the Board provide access to Memorial Park Beach after Labor Day and to consider opening the gates in June.
Items discussed included:
swim at your own risk;
parking by high school students;
need for toilet facilities;
keep open year round;
town not subject to liability; and,
cannot plow parking lot during snow removal.
It was suggested that the Board act tonight to extend use of the beach until September 30 and to revisit at the next meeting after input from David I. Clifton, Recreation Director. Keeping the gates closed during family week ,when there will be bonfire material inside, was discussed.
VOTED: (Grasfield/Heitin) Voted unanimously to extend the beach opening through to September 30 during the hours of 9 a.m. to 5 p.m. until further review at the next meeting
Salt Contract for FY 2003-2004
The Board reviewed Memo from Marie E. Cuneo, dated September 20, 2004, with recommendations to accept the bids per the Medfield Consortium for the purchase of salt for snow and ice control.
Selectman Grasfield asked questions regarding why we participate in the Medfield Consortium for these items and not in the SERSG Group. He suggested that we ask SERSG for its bid amounts for this year and whether or not we can participate in these bids. Mr. Puritz indicated that it is too late to participate in a SERSG bid at this point in time.
VOTED: (Grasfield/Heitin) Voted unanimously to accept the bid to provide solar salt from Eastern Minerals, Inc., Lowell, MA, the low bidder in the amount of $41.05 per ton.
VOTED: (Grasfield/Heitin) Voted unanimously to accept the alternate bid to provide rock salt from Eastern Minerals, Inc., Lowell, MA, the low bidder in the amount of $38.12 per ton.
Update on the “Little House”
Mr. Puritz stated that Marjorie Mitlin and Nancy Rae will be meeting with representatives from the Hockomock “Y.” He also reported that Jane Desberg of the Housing Authority left a message that she believes the house could be used for affordable housing but she will need to do further research.
Appointments to Wilber School Redevelopment Committee
After discussion as to how many members and how best to achieve diversity, the Board made the following appointments to the new Wilber School Redevelopment Committee:
VOTED: (Heitin/Roach) Voted unanimously to appoint James Goldsmith, as Chair of the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint David Depree as Vice-Chair of the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Reese Schroeder as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Marilyn Kahn as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Craig Edwards as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Marcia Liebman as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Joel Tran as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Robert Levin as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint David Gordon as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Jim Glaser as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Michael Baskin as a member the Wilber School Redevelopment Committee.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Melissa Mills as a member the Wilber School Redevelopment Committee.
Selectman Heitin requested that the Board invite the newly elected Chair Jim Goldsmith and the committee to the next meeting and seek his advice as to making additional appointments and give the committee the Board’s thoughts on process. Selectman Grasfield requested that the Vice-Chair David Depree also be invited.
VOTED: (Grasfield/Heitin) Voted unanimously to invite Jim Goldsmith and David Depree to next week’s meeting.
Transportation Advisory Board
VOTED: (Grasfield/Heitin) Voted unanimously to appoint George Bailey as a member the Transportation Advisory Board, expiration: September 2007
Government Study Committee
Selectmen Roach and Heitin would like an opportunity to discuss the appointments with Anne Carney and Pat Zlokin.
Capital Outlay Request
There is a capital request by the Selectmen’s Department for a new photocopier for the Town Offices in the amount of $20,000.
Update re Water Meter Bid
Town Administrator Ben Puritz discussed communication with Paul Fitzgerald of Town Counsel’s Office on this matter. He stated that the bid was not in full accordance with Chapter 30b of the Statute that requires one or more individuals to separately evaluate the non-price portion of the RFP. Selectman Grasfield related discussion via telephone call made to the Inspector General’s Office re this matter, indicating that it was his impression that the IG’s objections went considerably beyond the item mentioned by Mr. Puritz; including, for
instance, the non-competitive deal with Weston & Sampson to write the RFP that Selectman Grasfield had questioned at the time it was accepted. Selectman Heitin took exception to Selectman Grasfield’s making this call without discussing it with the other Board members or even informing the Board after the fact that he had made a call and the content of his discussions. Selectman Grasfield expressed the opinion that he did not need permission to follow up with a message that the enire Board had received from Town Hall and that he did not imply (to the IG’s office) that he represented the Board. Selectman Grasfield questioned why the other members of the Board would not find it necessary to look into this further themselves. Selectman Heitin stated that it would be courtesy to discuss it with the other Board members first. There was a discussion led by Selectman Grasfield re the assistance provided by the particular engineering firm in
this matter to insure that the process complies with the law in every respect going forward. Mr. Puritz stated that it would have been helpful for Selectman Grasfield to coordinate his questions through Town Counsel and, he assured Selectman Grasfield that the rebid of this contract will be reviewed by Town Counsel.
Net School Spending Agreement
This item will be deferred until the next meeting. Selectman Grasfield requested the single form re School Spending that is forwarded to the State. Mr. Puritz stated that it is Schedule 19.
Request for Banner - First Baptist Church
VOTED: (Grasfield/Heitin) Voted unanimously to approve a banner for the First Baptist Church from November 15 - November 22.
Review List of Action Items
The Board put together the following list of Action Items:
FIXED ASSETS
To be forwarded to FINCOM
Use of Encumbered Funds - Police Station Renovations
Selectman Heitin stated that he understands that the Town Auditor thought it was appropriate to use these funds for this purpose. He stated he was getting mixed opinions from various parts of the DOR. He added that in another month it could be brought before Capital Outlay anyway.
Selectman Grasfield stated he had spoken to a Kathleen Colleary of D.O.R. and to the Chief of the Bureau and it is his understanding is that it is not permissible.
Stabilization Fund
Selectmen Grasfield requested that this be discussed as policy.
Trash Contract - incorporate within taxes
Approach to Borrowing - Discussions with Selectman Heitin/ Investment Banker Planned - Selectman Grasfield may attend.
Town Planner - New Position
Town Engineer Position- to be filled
Town Finance Director – New Position
Sharon Dog Park
VOTED: (Grasfield/Heitin) Voted unanimously to approve the request to allow for solicitation for the Dog Park at the Center of Town on Saturday, October 2, 2004 from 9:00 a.m. - 12 Noon.
Parking Lot Resurfacing
Selectman Heitin announced the tentative resurfacing schedule of the railroad parking lot. As approximately 110-115 spaces will be lost temporarily during construction, overflow parking will be allowed at the Wilber School lot from Wednesday, October 6 through Sunday, October 10.
Sharon Lion’s Club
VOTED: (Grasfield/Heitin) Voted unanimously to approve the request to allow for solicitation for the Lion’s Club at the Center of Town on Saturday, November 6, 2004 and Sunday November 7, 2004 from 9 a.m. to 12 noon.
Planning Board
The Board will invite members of the Planning Board to discuss sites for Senior Housing.
Next Agenda
Selectman Grasfield would like members of the Avalon Bay Committee to be invited to the next Board meeting to update the Board on this project.
Selectman Grasfield asked that the smaller budgets be scheduled for review within 15 minutes at the next meeting.
The Board will be reviewing its Policies.
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 11:30 P.M.
Grasfield, aye; Heitin, aye; and Roach, aye.
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