February 1, 2005
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 6:37 P.M.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose
of formulating policy for negotiations with union and non union personnel and
discussing real property acquisition and to reconvene in Open Session at 7:30 P.M.
The Board entered into Executive Session at 6:40 P.M.
The Board reconvened in Open Session at 7:45 P.M.
Approve Minutes
The approval of the Minutes of January 13, 20 and 25, including Executive Session, were deferred until the next meeting.
Collective Bargaining - Finance Committee
Attorney Michael Lehane, Labor Counsel, was present to answer questions from members of the Finance Committee. In answer to questions asked regarding bargaining in good faith under the fiscal constraints of Proposition 2 ½, the following items were discussed:
municipal employers have an obligation to bargain in good faith re wages, hours, terms and conditions of employment;
in collective bargaining, the Town has an obligation to meet with an open mind and try to reach agreement;
looking at private sector, employees bargaining in the best interests of the workers sometimes leads to a loss of business;
certain criteria for public employees subject to arbitration;
consideration of comparable wages in comparable towns;
across the Commonwealth, School salary increases are higher than general government employees;
inability for public employees to strike;
consideration of financial constraints of the Town;
employee contracts subject to appropriation at Town Meeting;
if negotiations do not fit into available funding, the Town would be in a position to seek an override;
Town seeks to pay in the “middle of the range” of comparable Towns;
Town has now incorporated indexing within contracts for certain groups, i.e., Police & Fire, to keep in the medium range;
need for additional staff; and,
Selectmen negotiations work for best deal for the community while being fair to the employees.
Satter Matter
Attorney Michael Lehane and Attorney Katherine Murphy were present to answer questions from members of the Finance Committee, re the case involving former Recreation Department employee, David Satter and need to formulate new policies for the Town to deal with similar situations in the future. Items discussed included:
incident reported by news media - July 2, 2004;
Mr. Lehane’s Office contacted July 7, 2004;
Mr. Puritz called Mr. Lehane around July 18 for consultation and to conduct an independent investigation;
Lehane’s Office retained to conduct investigation on July 20 – interviews were completed by mid-August;
computer equipment “key evidence” was not available as it was taken by Norton Police Department;
computers given back to Town at the middle of September and sent to computer experts as part of independent investigation;
further interviews in response to that;
forensic report completed October 12;
early in investigation, it was felt that actions would be taken by an agency other than the Town and resolved in ways other than financial ;
Police investigation has not resulted in criminal charges to date;
charges re marijuana use dismissed without finding;
Mr. Satter was part of the MP Bargaining Group;
whether new dismissal language needed for employee agreements;
there are universal procedural safeguards for public employees re “just cause;”
due process must be followed for employees past the probation period;
due process includes conducting a hearing, written charges, etc.;
hearing would include evidence and witnesses;
administrative leave policy;
Personnel Bylaws allow for dismissal of employee;
“inappropriate use of computer” grounds for dismissal;
Town has good computer policy in place;
disciplinary action decision would be made after hearing;
Board debated whether or not to sit as hearing officers or to hire hearing officer;
review of Personnel Bylaws by Mr. Lehane;
criminal investigation by Bristol County District Attorney’s Office;
issue of timing of search warrant for private residence;
Sharon Chief of Police in contact with Norton Chief within 48 hours;
Selectmen will request copy of police report;
legal bill for $44,516.18 + cost of settlement (more than $20,000); and,
if possible to formulate a process to reduce or avoid costs.
Elections & Registration Budget
Paul Pietal, Chair of the Finance Committee, requested that the Elections & Registration Budget that falls under the Selectmen’s sector be moved under the Finance Committee sector at the request of Marlene Chused, Town Clerk. The Board will be checking with Ms. Chused, as a courtesy, before taking any action.
Memorial Park Beach
The Board reviewed Memo from the Recreation Advisory Committee, dated January 28, 2005 with recommendations for beach opening dates.
There was a discussion as to the phrase “subject to the availability of appropriate funding.” Mr. Puritz stated that there may be funds within the existing year’s budget to accomplish this, but that there will need to be further discussions as to how to address the costs in the future. It was requested that financial information be provided.
VOTED: (Heitin/Grasfield) Voted unanimously that the park site at Memorial Park Beach be opened for parking on an experimental basis from Mid-March through November of 2005, weather permitting as determined by the Recreation Director and subject to the availability of appropriate funding.
Request for Banner
VOTED: (Grasfield/Heitin) Voted unanimously to approve a banner for the Sharon Historical Society for the dates May 27 - June 6, 2005.
Bid for Printing of Town Meeting Warrant
This item has been deferred pending discussion with Finance Committee.
Community Center Repairs/Improvements
Mr. Puritz updated the Board re Community Center Feasibility Study Contract with BH+A and the Standing Building Committee’s ongoing role re working with the architect.
Action Items
The Board will be reviewing and prioritizing its list of Action Items before the next meeting.
Route 1 Corridor Traffic Study
The Board reviewed Memo from Eric R. Hooper, Superintendent of Public Works, dated January 26, 2005, re Route 1 Corridor Traffic Study and recommends that the Board request the Norfolk County Commissioners approve the proposal and undertake a study to determine optimal signal timing.
VOTED: (Heitin/Grasfield) Voted unanimously to authorize the Chair to sign, on behalf of the Board, the Request for Traffic Reports to Norfolk County Commissioners to review the Route One traffic signal operation from University Avenue in Norwood to High Plain Street in Walpole at the Sharon Line.
Forestry and Grands Grant
The Board noted correspondence from Eric R. Hooper, Superintendent of Public Works, dated January 20, 05 with notification of a $1,000 grant to be used for tree and shrub plantings from NSTAR commending the Sharon Forestry and Ground Department.
N. Main Street Signage
Chair Roach announced that the new high visibility signage on N. Main Street near the Chabad Center will be installed within the next couple of days.
Letter of Commendation - Linda Morse
Selectman Heitin read a letter from Town Administrator Ben Puritz to Linda Morse in the Selectman’s Office, dated January 30, 05, commending her for her longstanding and continuous exemplary service to this office.
Selectmen Supplemental Budget Request
The Board discussed Memo by Mr. Puritz, dated January 30, 05 re: Department Supplemental Request in Excess of Maintenance of Services ‘06 Budget. Additional requests from all sectors added up to $806,425.
Budget Books have been prepared and bound to be forwarded to the Finance Committee with the Maintenance of Services Budgets. (The Selectmen Sector Budget Subtotal represents an increase of 5.9% over the previous year before the addition of the Fixed and Uncontrollable line items.) Selectman Grasfield emphasized that this would be subject to change. He further requested that those items listed in the referenced Memo in the footnote on page two, including the position for Finance Director, Planner, and additional items for Law, Animal Inspector and Civil Defense be added within the Total of Supplemental Requests and that this be included on the next agenda to be prioritized by the Board.
FY’06 Local Aid Update
The Board reviewed a spreadsheet as prepared by R. Uyttebroek, Town Treasurer showing the projected amount of $59,031,721 available for appropriation at Town Meeting. This represents a $324,753 increase over the January 18th Revenue Forecast. Certain numbers are still subject to change including the assessments from SE Regional School which are expected to remain high and SBC settlements that were mentioned at the latest Priorities Committee meeting.
It was requested that the Chair of the Standing Building Committee for additional information regarding the close-out of the two elementary school projects.
Year-to-Date Budget Status
The Board reviewed Memo from Mr. Puritz, dated January 31, 2005 with a list of budgets with the potential to exceed appropriation, including Selectmen, Law, Data Processing, Fire, DPW and Veterans. There was attached a Memo from Chief Mann, dated January 27, 05 re budget deficit in the Fire Department due to changes in personnel. Selectman Grasfield recommended that formal requests for reserve fund transfers that are definitively known at this time (with no excess capacity in that particular budget) should be forwarded to Finance Committee at this point. Selectman Heitin stated that he would like to see if the various Departments could find a way to bring the potential requests down during the remainder of the fiscal year from within their existing operating budgets. Selectman
Grasfield concurred with the approach.
Rotary Club Recognition of Sheila Miller
Selectman Grasfield read a notice from Marlene B. Chused, Town Clerk, announcing that Sheila Miller, RN, is the recipient of the “Service Above Self” Award given by the Sharon Rotary Club. A presentation will be made at 6:30 P.M. on February 28 at the Mandarin Taste Restaurant and the community is invited. Please RSVP to Marlene Chused at 781-784-1505 by February 24. Checks made payable to the Sharon Rotary Club in the amount of $15.00.
Executive Session
VOTED: (Grasfield/Heitin) Voted unanimously to enter into Executive Session for the purpose of discussing items of acquisition of real property, collective bargaining, and, at the conclusion thereof, to adjourn for the evening.
Grasfield, aye; Heitin, aye; Roach, aye.
The Board entered into Executive Session at 9:35 P.M.
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