November 30, 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 7:30 P.M.
Approve Minutes
VOTED: (Grasfield/Heitin) Voted unanimously to approve the Executive Session Minutes of November 2, 2004, as printed.
Recognize Firefighters - Rich Murphy & Kurt Simpson - Chief Mann
Chief Mann presented a Certificate of Excellence to Firefighter/EMT Richard Murphy for Perfect Attendance during the period July 1, 03 - June 30, 04.
Chief Mann introduced Kurt Simpson, son of Captain Bryant Simpson, as a new Firefighter and he was sworn in with the Firefighters= oath.
Arnold Kublin, Chair of the Council on Aging Board, expressed his appreciation to the entire Fire Department on behalf of the seniors for the excellent service rendered.
Recognition of Walter Newman & Richard Kramer
The Board recognized both Walter Newman & Richard Kramer with Certificates for their service to the Town in the testing, vigilance and related improvements to Lake Massapoag while serving on the Lake Management Advisory Committee. Mr. Newman served since 1969 and Mr. Kramer since 1988. Cliff Towner, Chair of the Lake Management Advisory Committee, was present and expressed his appreciation to both, and mentioned their invaluable assistance in ridding the lake of AFanwort.@
Affordable Housing Discussion/MUOD - Eli Hauser & Gina Maniscalco - Planning Board
Mr. Hauser made a presentation to the Board. The Planning Board has been working toward EO 418 Housing Certification for the Town. The focus of EO 418 Housing Certification is the creation of housing units that are affordable to low and middle-income households. The criteria for affordable housing is 80% of the median income and 10% of all housing needs to meet this criteria before the Town is not subject to Chapter 40B. Items discussed included:
rentals under the Local Initiative Project (LIP) are counted 1:1 toward affordable goal;
40B developers can override local zoning;
density of 40Bs 4-8 times over expected;
developers prevail in over 90% of appeals;
additional 442 affordable homes are needed in Sharon with 168 in the queue;
projection of 8113 total homes for the Town, including current 40B projects conventional development; and,
projected $5,000,000 operating budget shortfall in taxes under this scenario.
Recommendations included ways for the Town to meet its Affordable Housing quota that could reduce the build out to just 440 homes:
provide Town Lands for Affordable Housing;
submit Housing Development Plans to cover a 10-year period;
Production of 45-50 affordable homes per year would allow for denial of 40B applications each year;
construction of more apartments;
create and empower Housing Development Board;
enhance CSD for density;
create fees for revenue funding;
exchange Town lands with ConCom;
available land capacity for 85 - 250 homes; and,
town-sponsored housing use, includes percentage for town employee, age-qualified and general affordable housing.
Mr. Arnold Kublin, COA Chair, asked whether the age-qualified affordable housing would only be for first-time buyers. Ms. Maniscalco replied, Ayes, it is unfortunate though.@ Ms. Alice Cheyer expressed concerns that the exchange of Conservation Land could mean little or fragmented
pieces replacing larger areas and that it would not be equivalent land.
Ms. Cheyer asked a question re inclusionary zoning bylaws passed in other Towns that require every developer to build a percentage of affordable housing. Ms. Maniscalco replied that it is also being recommended within the Planning Board=s EO 418 Community Development Plans for a future Town Meeting, but probably not next May.
Mr. Kublin asked if in-law apartments would count toward rental units and Ms. Maniscalco replied in the affirmative. She outlined the issues in getting in-law apartments in the Town.
Selectman Grasfield discussed the next steps. He discussed a joint meeting within the next week or two with members of the Board of Selectmen, ConCom, Planning Board and Peter O=Cain. He further suggested approaching the development on S. Walpole Street as a LIP, or a Afriendly 40B.@
Selectmen Heitin suggested deferring discussion on the Overlay District this evening, but brought up a question re Priority Development Fund for Septic Disposal within the Wilber School/P.O. Square District. He discussed the conclusion of Larry Koff, consultant to the Planning Board, that the Wilber School backyard site is the only viable location for the septic system. Other possible and smaller areas were also mentioned. It was mentioned that the Wilber School site may impact the uses for the building and that this site lies within the Water Protection District. Alternative systems and package-treatment plants were also discussed.
Chair Roach suggested another date for the discussion of the Mixed-Use Overlay District (MUOD). Peter O=Cain Assistant Town Engineer stated they are working on three different grants for financial assistance. Mr. Puritz announced that the CHAPA Smart Growth Grant application will be going out tomorrow.
In answer to the question by Selectman Grasfield, Ms. Maniscalco stated that accessory and in-law apartments and senior housing needs are part of the recommendations for long-term housing planning and they will be ready to discuss this with the Board soon.
Insurance Budget Review
The Board reviewed the preliminary FY=06 Budget in the amount of $6,527,184.00. This represents a 14% increase within the Fixed & Uncontrollable category. Peter Kenney, Cook & Company; Richard Weiner, The Weiner Company; and R. Uyttebroek, Town Treasurer were present to answer any questions.
Rich Weiner discussed the impact of two school expansion projects within the Property line item and a separate policy for the Wilber School with a change of 10 - 12% overall for General Liability. He also discussed the Employee Insurance (Life) and Executives= Insurance Cost Estimates in the amount of $26,638.
Peter Kenney discussed the largest item, Employee Health Insurance, in the amount of $5,928,373 with a projected 11% increase. It was reported that the Health Insurance Claims Trust is in the black. Mr. Kenney reported on the history of the Claims Trust with a bad year two years ago, but now has a positive balance. There is a projected 12% increase in this line item with contributions from the Town employees and the Town. In answer to the questions raised by Selectman Grasfield, Mr. Kenney reported that the projected enrollment of 16 additional employees is a Abest guess.@ He added that people who retire usually stay on the plan and that more spouses are joining.
There was a discussion of the percentage ratio of employee/employer contributions to the various plans. Mr. Kenney will provide additional worksheets to the Board at the request of Selectman Grasfield.
Mr. Weiner discussed line item increases in Worker=s Comp and Police/Fire Accident. He said he will be shortly approaching insurance companies to see if we could get some reductions on some of the line items.
Dog Hearing - 347 S. Main Street
A Dog Hearing was held under Mass General Laws Chapter 140 '157 as a result of a notarized complaint by Michael F. Parilla stating that a dog owned by John & Jeffrey Bowen is a nuisance by reasons of excessive barking and continued violation of the Town of Sharon Leash Law.
Mr. Parilla alleged that the dog (Missy) is left outside for hours during the day and night and in bad weather. He stated that the dog=s barking disturbs both him and his mother who has had a heart attack. He further alleges that the dog continues to run loose and to trespass on his property. He stated that he has reported the Bowens to the MSPCA and that they have come out to observe the dog. He related another incident of a matter involving the dog, the Bowens and the Police being called to arrest Mr. Parilla.
Animal Control Officer Diane Malcolmson was present and made the following observations:
she received one complaint from Michael Parilla on January 9, 2004;
she followed up on the January 9 complaint and found the dog in the house;
she received a message left from Mr. Parilla on November 14, 2004 stating that he had filed the letter requesting the Dog Hearing and the removal of the Bowen=s dog;
she has had no other complaints from any other neighbor;
she feels this is a situation between neighbors that cannot get along peacefully;
Mr. Parilla has been before the Board in March 2001 re a barking dog from another neighbor.
In answer to the question from Chair Roach, Ms. Malcolmson said she did not feel the dog was being mistreated.
Mr. Bowen and two of his sons were present. Mr. Bowen indicated that his 12-year old dog Missy runs in and out of the house during the day. He admits that Missy does get off her run and he has tightened the line. He understands that Mr. Parilla has cats and wants Missy kept off his property. It was further stated that they do not have a fenced-in area and that usually someone is at home to take care of the dog
Mr. Parilla provided certain photos to the Board allegedly showing that the Bowens have a fence on their property with an opening onto his property and a trampled path created by Missy. He further indicated that the police charges brought by Mr. Bowen against him were dismissed.
Selectman Grasfield requested that Ms. Malcolmson visit the dog and the dog=s setting and assess the fencing along the property. Board members suggested that the neighbors try to work toward a better relationship.
The Board took no action.
Board of Assessors - Tax Recap/Overlay Account/Overlay Release and Exemptions
Assistant Assessor Mark Mazur was present to discuss certain figures as provided by the Board of Assessors. Selectman Grasfield requested that this item be scheduled. Items discussed included:
Exemptions and Abatements history of forecast and actuals;
The difference in the overlay raised and the amount shown on the Revenue Forecast as released;
Assessors do not have control over the final numbers used on the Revenue Forecast;
$750,000 amount shown in Overlay raised for FY05;
Overlay estimates projected early B impacted by exemptions and appeals;
reduction in the estimated overlay impacts amount available for Town Meeting appropriation; and,
Revenue Forecast numbers supplied by elected officials/BOA are what appears in the forecast..
Approve Minutes
The Executive Session minutes of November 16 will be held for Executive Session. The Board deferred action on the Minutes of November 23, 2004.
Appointment of Hearing Officer
No action taken on this item.
Review of Selectmen=s Policies
Policy Number 1 - Policies and Procedures of the Board of Selectmen
Selectman Grasfield recommended a Change to Section VII. AMeetings of the Board of Selectmen,@ as follows:
The Town Administrator shall see to it that the completed agenda and correspondence package are copied and delivered to the Selectmen=s homes by police courier no later than 48 hours before a scheduled meeting.
This would mean that for a Tuesday meeting, the agendas would need to be delivered the prior Friday afternoon. Selectman Heitin questioned whether the office had the capacity to do that.
Selectman Grasfield spoke about the difficulty of reviewing a couple of hundred pages the evening before a meeting. He stated there is still the opportunity for a Supplemental Agenda for emergency items. He noted that his proposal would affect timing only, not capacity. Selectman Heitin suggested that comments be solicited from the three individuals that have the responsibility for getting the agenda ready.
Community Center Repairs - Update
Mr. Puritz stated that the Insurance Company authorized structural repairs using the Insurance Company=s contractor, Action Fire.
He further updated the Board re Designer Selection Committee Meeting on this subject. He stated that,per Acting Director, DCS Jennifer Sopher, there is no issue with expanding the building re the grants received for the acquisition of this property.
Selectman Grasfield noted a Letter from James D. Popkin, Insurance Consultant, dated November 29, 2004 re the lack of timeliness of getting information from the Engineering Company STV.
Avalon Bay
This development will be discussed on next week=s agenda. A representative from the Zoning Board of Appeals will be asked to attend.
Action Items
The Board updated its list of items. The Government Study Committee is scheduled for next week.
Forge Road - Traffic Matter
Mr. Puritz updated the Board stating that he had visited the site and that recommendations were coming from Eric R. Hooper, Superintendent of Public Works.
BFI - Waste Services Provided
Selectman Grasfield noted letter from Steven M. Rudnick, dated November 26, 2004 with complaints against BFI. He requested that Eric R. Hooper, Superintendent of Public Works be provided with a copy.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing items of negotiation with union/nonunion personnel, reviewing minutes, pending litigation, and real property acquisition and at the conclusion thereof to adjourn for the evening.
Grasfield, aye; Heitin, aye; Roach, aye.
The Board adjourned to Executive Session at 10:10 P.M.
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