December 14, 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: (Heitin/Grasfield) Voted unanimously to approve the Executive Session Minutes of November 23, 2004.
VOTED: (Heitin/Grasfield) Voted unanimously to approve the Executive Session Minutes of December 7, 2004.
The Regular Minutes of November 23, November 30, and Executive Session Minutes of November 30, and Regular Minutes of December 7 were held.
Memorial Beach Project - Rotary Club
Jane Desberg and Dave Clifton of the Sharon Rotary Club were present to discuss plans to create a picnic area at Memorial Beach. This is in celebration of Rotary’s 100th Anniversary in 2005.
VOTED: (Grasfield/Heitin) Voted unanimously to accept the Rotary Club’s generous gift of a picnic area to be created at Memorial Beach with expressions of gratitude.
Overlay District/Affordable Housing - Planning Board
Gina Maniscalco of the Planning Board was present to give an overview of the Overlay District as passed at the Fall Town Meeting. The purpose of the Mixed Use Overlay District (MUOD) is to create mixed use development in accordance with the principles of “smart growth.” This is part of the Community Development Plan to address two issues: (1) continuation of the economic development in Post Office Square; and, (2) affordable housing. Downtown housing would promote a walkable neighborhood and would be close to transportation. The changes will allow for denser development and will only affect Business Districts A, B, and C. Proposed development will need to go through the Special Permitting Process.
Ms. Maniscalco mentioned the assistance of Consultant to the Planning Board, Larry Koff, in where to apply for grants. Mr. Puritz stated grant applications have been submitted to CHAPA and the Commonwealth Capital Fund (CCF) and preparations have been made for application to the Priority Development Fund (for shared Septic System) and will require further consultation with Selectmen and Planning Board.
Selectman Grasfield suggested getting together with the Planning Board on a periodic basis and working things through on a collaborative basis.
Eli Hauser was present and continued the broader discussion for affordable housing. He gave a brief summary of the State’s mandate to increase to 10% the rate of affordable housing and its impact on the Town. He stated that, at present, a single family home would need to sell at $280,000 or below to be considered affordable and that an “affordable” apartment would rent for $1,700 - $1,800 or below. He outlined the Planning Board’s approach to create affordable housing on Town-owned land with a target of creating up to 125 homes without doing a landswap. However, the Planning Board will be looking to do a landswap using some of the parcels under the Selectmen’s control to swap for Conservation Land that is considered more buildable with
increased acreage going to Conservation Land with a target of up to 275 affordable homes. Additionally, he mentioned that with the Avalon Bay LIP “friendly 40B” development and a proposal for apartments above the downtown shops, the Town can meet the State’s criteria and should be able to put off future 40B developments forever. Having a plan for 45 affordable homes per year under a comprehensive plan will meet allow the Town to turn down 40B applications.
It was mentioned that under the “Housing Starts” program for financing of 40B developments, which presently funds the current and proposed 40B home-ownership developments in Town, there is a requirement for “first-time home buyers.” Other financing options could possibly be considered for construction of affordable housing for Sharon’s empty nesters and seniors who are looking to downsize and are not first-time home buyers.
It was decided to have a meeting (Planning Board to set up) and invite members of the Selectmen, Housing Authority, Conservation Commission, Historical Commission, Board of Appeals, Council on Aging and Post Office Square Committee after the first of the year for the purpose of moving forward with a comprehensive plan for affordable housing.
Norma Fitzgerald, COA Director, provided information concerning accessory or in-law apartments. Mr. Hauser outlined the four objectives (1) create 275 affordable homes on town-owned land; (2) work with Local Initiative Program (LIP); (3) multi-use properties within the overlay district; and (4) and accessory apartments allowed for individual homeowners.
Senior Property Tax Exemptions - Norma S. Fitzgerald
Norma S. Fitzgerald, COA Director was present to update the Board on legislation re Senior Exemptions for Property Taxes. Items discussed included:
COA’s and HESSCO’s surveys results show a demand for senior housing within a mixed-used area;
Bills filed by Rep. Casey and Senator Creem, currently co-chairs of the Joint Taxation Committee, could:
1. Increase the home value cap of the senior Circuit Breaker tax credit to as much as $750,000 or the age/income -qualified tax credit which is now $820 for tax year 2004 under the Circuit Breaker program - - no cost to the Town; and,
2. Reform property tax deferral program to reduce interest rate from 8% to as low as 2%.
Provide new local option Senior Real Estate Property Tax Exemption to exempt a percentage of home valuation and use circuit breaker guidelines;
Town would need to choose between providing exemptions under 41C and the Real Estate Exemption;
Proposed income limits automatically increase for the senior Circuit Breaker;
Proposed income limits to be increased for the property tax deferral program;
Increase in hours for property tax work-off program - up to $1,000; and,
Increase education/public awareness program about options for tax relief for eligible residents.
Ms. Fitzgerald requested that phone calls be made when the time comes and that there be a warrant article at May Town Meeting to have the pending bills approved retroactively, should these bills become local option. Ms. Fitzgerald also mentioned funding a Community Chest for Sharon to assist seniors/others in need through voluntary contributions and exploring the possibility of Proposition 2 ½ exemptions for seniors under a home-rule petition (Governor against). Selectman Grasfield reiterated his request that the COA discuss at their next meeting any senior exemptions they think appropriate for Sharon that would require a home rule petition.
Community Center Repairs
The Board reviewed the Request for Proposals for Architectural and Design Services. Deadline for first response is January 5, 2005 and it is anticipated that the Board will vote on January 25, 2005 to award the contract with a final report received by April 12, 2005 and a presentation for Town Meeting May 2, 2005.
Selectmen Heitin recommended that the Board “push” the project along and to keep this as a weekly agenda item.
VOTED: (Grasfield/Heitin) Voted unanimously to accept the RFP for Architectural and Design Services for the Sharon Community Center, December 2005.
Date for Fall Town Meeting
The Office will send another EMail re the November 14, 2005 date for the Fall Town Meeting requesting input from the appropriate Boards and Committees re scheduling.
Selectmen’s Policy #1 - Change in Agenda Delivery
The Board discussed making a change in the agenda delivery.
VOTED: (Grasfield/Heitin) Voted unanimously to amend Policy 1, effective January 1, 2005 to change the time required for the delivery of the weekly agendas from 24 hours before a scheduled meeting as follows:
G. 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.
Permission to Pass Through - JC Transportation
The Board reviewed the request of JC Transportation, Inc., of Lynn, MA requesting permission to pass through the Town to make trips to Wrentham Shopping Outlets.
VOTED: (Grasfield/Heitin) Voted unanimously to grant permission to JC Transportation to cross through Sharon on I-95 to access the Wrentham Shopping Outlets.
Settlement Agreement and Release
Selectman Heitin announced a draft settlement agreement for David Satter of the Recreation Department accepting his resignation and giving him a one-time payment in the amount of $21,556, which includes salary and benefits that he would be entitled to though March 1, 2005.
MOTION: (Heitin/Roach) to accept the Settlement Agreement and Release between David Satter and the Town of Sharon.
Selectman Grasfield stated that he is strongly opposed to this and does not believe it to be in the Town’s best interest.
Selectman Heitin disagreed stating that he has spent a considerable amount of time understanding the issues; and, based on discussions with the Town’s labor counsel and the client’s attorney, he trusts that it is in the best interest of the Town. He stated that the Executive Session Minutes will be made available at the appropriate time. He stated that he considered (1) safety - - as it relates to the Town; (2) expedited process and (3) cost-benefit analysis for the best financial interest of the Town – not prolong hearing process or extend legal action. He added that it is important to not get bogged down and to move forward in the best interests of the community. Chair Roach agreed with Selectmen Heitin.
Selectman Grasfield gave the opinion that “some things are far more important than expediting the process.”
David Hearne, Finance Committee Member, was present and raised concerns that all the discussions re this matter took place within Executive Session without citizen input. Mr. Puritz stated that the minutes would be available fairly soon - - “weeks rather than months.” Mr. Hearne questioned why Mr. Satter was being given over $21,000 to settle and why he was on paid leave since early June. Mr. Heitin stated that the Board was advised that it could not legally take him off the payroll during the process by two different attorneys.
In answer to a question by Mr. Hearne re legal liability, Selectman Heitin stated that the settlement agreement agrees to indemnify the Town against any legal action by Mr. Satter. Mr. Hearne qualified the question meaning legal action by another individual. Selectman Heitin replied that, “I cannot control anyone.”
Mr. Hearne expressed serious reservations about the Board’s actions and with “making a decision in a vacuum.” Selectman Heitin discussed the amount of time that the Board has put into this matter, conducting its own investigation, and that the District Attorney’s Offices of Norfolk and Bristol County have not taken any action against Mr. Satter. Selectman Heitin also advised that once the minutes and investigative report are released and made available, it will show that this Board made the appropriate decision. He added that there was no “criminal” case associated with the marijuana charge. Mr. Hearne continued to express shock that a settlement had to be reached at all and requested that the Board review its employee contracts. Selectman Heitin took
offense when Mr. Hearne made reference to the “Catholic Church.” Selectman Heitin replied to Mr. Hearne that, “you do not have all the facts.’ Chair Roach told Mr. Hearne that “this Board did not take this matter lightly,” and “wants to do the very best for this community.”
VOTED: (Heitin/Roach) Voted 2 - 1 (Grasfield opposed) to accept the Settlement Agreement and Release between David Satter and the Town of Sharon.
Request for Banner - Temple Israel
VOTED: (Grasfield/Heitin) Voted unanimously to approve a banner for Temple Israel for the dates of Dec. 31, 04 - Jan. 9, 05.
Capital Projects Prioritization
This item has been deferred until the next meeting. Selectman Heitin requested that the Board members each prepare their own list of priorities. Mr. Hearne, Finance Committee member, requested that the Board not act like the School Department, but prepare a Board rank-ordered prioritization to be presented to Capital Outlay Committee.
Forge Road Cul-de-Sac
Town Administrator Ben Puritz discussed the Memo from Peter M. O’Cain, Assistant Town Engineer, dated December 9, 2004, with possible solutions for the Forge Road problem including:
1. installation of Chevron Signs;
2. speed hump - 100 feet before the Town line - needs permission from Town of Foxborough; and.
3. solar-powered flashing light.
VOTED: (Grasfield/Heitin) Voted unanimously to approve the installation of chevron signs for approximately $200 and to ask permission from the Town of Foxborough for speed hump.
Special Police Appointment
The Board reviewed Memo from Chief Joe Bernstein recommending a one-year appointment for Gale Simpson as a Special Police Officer.
VOTED: (Grasfield/Heitin) Voted unanimously to appoint Gale Simpson to the Sharon Police Special Police Force.
Request for Banner - Temple Sinai
VOTED: (Grasfield/Heitin) Voted unanimously to approve a banner for Temple Sinai’s Blood Drive for the dates of December 20 - December 27 and to waive the banner fee.
Action Items
This item has been deferred due to an Executive Session Appointment with Richard A. Gelerman, Town Counsel waiting.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing items of real property, pending litigation, collective bargaining, and, at the conclusion thereof, to adjourn for the evening.
Grasfield, aye; Heitin, aye; Roach, aye.
The Board adjourned to Executive Session at 9:25 P.M.
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