February 15, 2005
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, Selectmen David I. Grasfield, William A. Heitin and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 7:37 P.M.
Interview for Commission on Disabilities
The Board interviewed Sheila Advani for a position on the Commission on Disabilities for a term to expire in September of 2007. Ms. Advani has been working with disabled people for the past 35 years. The Board was quite impressed with Sheila Advani’s resume.
Satter Investigation - Chief Bernstein and Lt. Kaufmann
Chief Bernstein and Lt. Kaufmann were asked to come before the Board of Selectmen in regard to the investigation for clarification of the role the Sharon Police Department at the time of the incident involving David Satter, former athletic supervisor for the Town for the past ten years. Chief Bernstein presented his memo dated February 4, 2005 in re the “Satter Case Time line.” In Chief Bernstein’s memo he states as follows: “The following is a time line of events concerning the Satter case, which I put together by referencing Sharon Police Department case report 175024, articles from various newspapers, and information from the web site Perverted-Justice.Com. All documents I used for reference are attached.”
Selectman David Grasfield seemed concerned about the time line of the incident and that on July 7th, the day the allegations surfaced, he was informed by Recreation Department supervisors of improper use of the Town’s computers a month before the PervertedJustice.Com incident. This was echoed in the single Sharon Police Dept. report provided by Chief Bernstein in response to Selectman Grasfield’s request for a timeline. Selectman Grasfield also stated that “I want to make sure we meet our administrative and criminal investigative responsibilities and not miss anything.”
At this point, Chief Bernstein stated that “this was never a Sharon Police Department investigation and there is a wide difference between a criminal and an administrative probe undertaken by a municipality.” The Sharon Police Department was never contacted by PervertedJustice.Com, but instead they (the web site) went right to the newspaper.
Selectman Grasfield said he was most concerned about the first 24 to 48 hours of the incident and the town’s response to Perverted Justice’s allegations.
Chief Bernstein replied to Selectman’s Grasfield’s concern that Lt. Kaufmann was involved in this incident as much as I was. But this was not a Sharon investigation. It was handled by the Bristol County District Attorney, then by the Mansfield Police Department first and due to the residence of Mr. Satter, living in Norton, the Norton Police Department then handled the case.
Chief Bernstein gave the following time line on the Satter case:
July 7, 2004 the Sharon Recreation Department and various news media (papers, TV and radio) were contacted concerning David Satter soliciting sex with a minor on the Internet. The conversations had taken place on July 6, 2004 and went public on July 7th, once they were able in their minds to identify Satter. Perverted Justice as quoted in article(s) states they do not contact police.
2. Once I became aware, July 7th (early afternoon?) I contacted Mr. Puritz who had also just become aware and as I remember was already starting to gather more information.
3. On July 7, 2004 Donald Hillegas was told by Mr. Puritz to pick up two computers from the recreation department from areas worked in by David Satter and Maura Palm for administrative purposes. Mr. Hillegas picked the computers up and secured them overnight in the vault at the Town office:. The next day, July 8th at 9:30 AM. Lt. Kaufman and Detective Leavitt at the request of Mr. Puritz, picked up the two computers and secured them in the Police Department evidence room until taken by the Bristol County District Attorney and Norton Police for use in the criminal investigation. (Sharon P.D. report 175024)
4. On, July 8th the Bristol County District Attorney and Norton Police conducted a search warrant at the residence of Mr. Satter in Norton. As stated in newspapers there was a smell of burning materials when the search warrant was executed and one investigator blamed the results on the fact that Perverted_Justice com contacted the Sharon Recreation Department and not the police and said. "It just doesn't make sense to give the suspect a go_ahead."
The investigation continued with the Bristol County District Attorney and Norton Police being the lead investigating agencies. Chief Finch of Norton Police and I spoke numerous times concerning the ongoing investigation with me offering assistance and inquiring about information, if any, pertinent to the allegations found on the Town computers, and when said information could be released to the Town of Sharon for administrative purposes. Lt. Kaufman and I attended a meeting in Norton on July 15th where all the investigators were present and we were brought up to date on the criminal investigation. They were aware of the Town's desire to proceed administratively, and would release information for administrative purposes as soon as able, without jeopardizing the criminal case. All understood and appreciated the Town's
dilemma and would do their best, to assist us.
Chief Bernstein received communication from Chief Finch of the Norton police that prior to obtaining the search warrant a subpoena had to be developed by the District Attorney’s Office and responded to by America On Line, which then provided information helpful in obtaining the search warrant for Mr. Satter’s residence in Norton. Selectman Grasfield asked if the town’s computers were offered to the investigating agencies to help speed the criminal investigation, and Chief Bernstein indicated that the investigating agencies were required by him to get a search warrant prior to the computers’ release.
Chair Joe Roach and Selectman William Heitin indicated that they were satisfied with Chief Bernstein’s time line of events set forth in his February 4, 2005 memo and had no further questions about the matter.
Selectman Heitin stated that “We did everything in our power to assist the DA’s office and the Norton Police Department.”
Selectman Grasfield still has questions and concerns about the time line in regard to the computers.
Chief Bernstein enumerated once again the actions taken by his department from the time they first heard about the allegations, including securing the town computers in question, first in the vault at Town Hall and afterward in the Police Department’s evidence room, to the final transfer of these computers to out-of-town investigators. When these computers were picked up by Sharon police, the officers were “doing this from an administrative point of view, not as an investigation. It wasn’t our investigation. The only official report we have on this concerns our securing the computers.”
Selectman Grasfield also raised the question about the town’s policies regarding the use of town computers by town employees and whether the contents of these computers could be viewed by town officials. “Our policies tell employees what they can and cannot do with this town-owned- property.”
Chief Bernstein replied that from an administrator’s and investigator’s perspective, they have different rights. Chief Bernstein also said “Administratively, you can do certain things,” “What we deal with is the criminal investigation. Both criminal and administrative, investigations do go side by side. But you don’t want these to go against each other.”
Selectman Grasfield reminded Chief Bernstein of a phone conversation that they had on the evening of July 7th after Mr. Grasfield returned from his informational update with Ben Puritz, Dave Clifton, and Jackie Connors about the emerging allegations. Selectman Grasfield was concerned that one of Mr. Satter’s colleagues alleged behavior that appeared to be criminal. Selectman Grasfield sought the Police Chief’s guidance on how to appropriately move forward at that time. The Police Chief suggested beginning an administrative investigation and indicated that if criminal conduct was discovered in the course of the administrative investigation that it could then be used in the criminal investigation. Selectman Grasfield asked why the same principle did not seem to have been applied to the Town’s
computers. Chief Bernstein responded that it was his judgment call.
Selectman Heitin added: Town Counsel said criminal investigations would clearly trump and administrative actions.” Selectman Heitin commented that “Everything was done in the best interest of the community.” We feel that the Sharon Police Department handled the Satter case in the most effective way allowable under the legal system.
Approve Minutes
The approval of the Minutes of February 8, 2005 were deferred until the next meeting.
Approve Out-of-State Training - Lt. McGrath
The Board reviewed a Memo from Police Chief Joseph Bernstein dated February 5, 2005, requesting to attend a two-day training seminar sponsored by the International Association of Chiefs of Police in Chesterfield, VA on April 4-5, 2005. The seminar helps police organizations train and prepare officers to interdict terrorist activities. The approximate cost for this training is $1,170.
VOTED: (Grasfield/Heitin) Voted unanimously to grant permission for Out-of-State Travel for Lt. McGrath to attend two-day training seminar in Chesterfield, VA at an approximate cost of $1,170.
Update - Community Center Repairs/Improvements
Town Administrator, Benjamin E. Puritz presented a brief update concerning the progress being made with regard to the Designer Selection Committee for the Community Center and its recent meeting with the newly-appointed consultant, BH&A, engaged for the feasibility study on the damaged building. Town Administrator Puritz said things are “on schedule and moving forward.”
Prioritize the Department Supplemental Budget Requests FY’06
The Board of Selectmen discussed the Memo from Benjamin E. Puritz, Town Administrator, in re Department Supplemental Request in Excess of Maintenance of Services ‘06 Budget. The Board of Selectmen were asked to prioritize the top four they would like to be accomplished.
Selectman Grasfield prioritized as follows: 1. Finance Director, 2. Additional Firefighters, 3. Additional Police, and 4. a Town Planner/Engineer (possibly shared with another town).
Selectman Heitin prioritized the following: 1. Assistant Town Administrator, 2. Lower level Town Engineer/Planner, 3. Staffing positions in Police Dept. and 4. Funding of Fire Department.
Chair Walter “Joe” Roach prioritized the following: 1. Additional staffing in Police Department (maybe not five), 2. Board of Selectmen Secretary 7.5/hpw and Assistant Town Administrator (Budget Analyst & Procurement Specialist), 3. Town Engineer and Forestry & Grounds positions and 4. EMT’s & Paramedics continuing education and additional Firefighters/Paramedics with equipment.
Declare Surplus Property - 1993 Ford Explorer - Fire Department
Dennis F. Mann, Fire Chief in his letter dated February 8, 2005 is requesting to have a 1993 Ford Explorer, V.I.D. #1FMDU34X5PUD28480, known as Car #3, declared as surplus. As surplus, this vehicle could be disposed of at the next Town of Sharon surplus auction.
VOTED: (Grasfield/Heitin) Voted unanimously to have the 1993 Ford Explorer, V.I.D. #1FMDU34X5PUD28480, known as Car #3, declared as surplus.
Approve Direct Connection - Storm Water Sewer System - 26 Bishop Road
A request was made to the Board of Selectmen to approve a direct connection to the town’s water sewer system for 26 Bishop Road in accordance with the new town bylaw which regulates this type of activity. This will eliminate the problem of basement flooding at this residence. It was pointed out that people who currently have such connections should also apply to the town for such approval.
VOTED: (Grasfield/Heitin) Voted unanimously to grant approval for a Direct Connection for 26 Bishop Road.
Request for Toll Booth - After Prom Party
The Board reviewed letter from Lori Small & The Class of 2005, received February 10, 2005 requesting permission to have a toll booth in the Center of Town for fund-raising for the After Prom Party. This has been an annual event.
VOTED: (Grasfield/Heitin) Voted unanimously to approve the fund-raising event for Saturday morning, April 30 , 2005, with a rain date of May 7, 2005 using a “toll booth” setup at the Town Center to the benefit of the Sharon After Prom Program.
Salamander Crossing - Moose Hill Wildlife Sanctuary
The Board reviewed the annual request from Moose Hill Wildlife Sanctuary, dated February 10, 2005 to close Moose Hill Street from Moose Hill Parkway to Route 27 to allow the Yellow Spotted Salamander (and other amphibians) safe passage from its wintering area to the vernal pools associated with the Kendall’s pond. Chair Roach proclaimed, “let them cross!”
VOTED: (Grasfield/Heitin) Voted unanimously to allow for the street closing up to three times during the warm spring rains and salamander migration.
March as Red Cross Month Proclamation
The Board reviewed the letter from Jacqueline Gardner, Area Director for the American Red Cross received February 7, 2005 requesting the Chair Roach sign the enclosed proclamation declaring March as Red Cross Month.
VOTED: (Grasfield/Heitin) Voted unanimously to have the proclamation signed by Chair Roach declaring March as Red Cross Month.
CHAPA - Citizens’ Housing and Planning Association, Inc.
A letter sent to Town Administrator, Benjamin E. Puritz from Karen B. Wiener, Director of Special Projects, of CHAPA, dated February 8, 2005 was reviewed by the Board. The letter was to inform that the Town of Sharon’s proposal to develop a shared septic system in the downtown Mixed Use Overlay District has been selected for assistance under CHAPA’s Smart Growth Demonstration Initiative.
VOTED: (Grasfield/Heitin) Voted unanimously to give authorization to Town Administrator, Benjamin E. Puritz , to sign for acceptance of CHAPA’s technical assistance.
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.
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