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Minutes March 29, 2005


                                                                        March 29, 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 and Selectmen David I. Grasfield, William A. Heitin and Town Administrator Benjamin E. Puritz.

        The meeting was called to order at 7:35  P.M.

Approve Minutes

VOTED:  (Grasfield/Heitin)  Voted unanimously to approve the Open Session Minutes of March 15, 2005 with one correction:

Page 3, 2nd Para in Community Center Update

Change:  improved flow of information from the Standing Building Committee

To:       improved flow of information from the Architects BH+A

The Board held the Executive Session Minutes of March 15, 2005.

Comparison of Revenue-to-date vs. Forecast And Expenditures-to-date vs. Budget

R. Uyttebroek, Town Treasurer, was present to discuss FY05 Revenues & Expenditures to date.  There was a lengthy report prepared and distributed, dated March 29, 2005 and  a further summary provided on the Supplemental Agenda in a Memo from Mr. Uyttebroek and dated March 29, 2005.  Items discussed included:


too early to make any determinations;

taxation - half the revenue has not been collected;
state aid  - two of the four annual distributions have been received;
local receipts - actual compared to expected is deficient by $631,627;
no trends determined or expected re surplus/deficits in these accounts; and,
motor vehicle excise is a bit higher than expected.

Joan Leighton, Town Accountant was present to discuss more specific details.  Reports prepared with MUNIS software were analyzed.  

doesn’t expect any “turnbacks” greater than $23,000 including Schools;
every budget is right to the penny;
agrees with Mr. Uyttebroek that there are no trends;
free cash totals $2,193,288.24; and,

certain balances shown are not up-to-date, including snow and ice.

The Board asked further questions of Mr. Uyttebroek  regarding the health insurance trust with the projected reserve in appropriate accounts at year-end to be placed into Trust rather than Free Cash, pending further discussion with Selectmen and Finance Committee.

Signing of the Annual Town Meeting Warrant

The Board discussed the pulling of the ballot questions regarding Change of Governance and the Formation of a Charter at the request of the Government Study Committee.  It was stated that there is not enough time to educate the public on the issues,  and it is anticipated this will be placed within a future Town Election.  An additional article for the East Elementary School was also added at the request of the Standing Building Committee.  There were language changes in an article for tax relief for the elderly.  

Mr. Puritz stated that Town Counsel will be meeting with the Board members within Executive Session to discuss an article for Rattlesnake Hill.  Selectman Grasfield has questions about changes to salaries within a Memo to the Personnel Board, listed as revised March 26, 2005,  on the Supplemental Agenda.  Selectman Grasfield asked questions re the legality of the petition article to increase the number of Board members to five.  Mr. Puritz stated this could be a two-step process that would require a Home Rule petition and an act of the state legislature.  He added that the article is actionable.

Selectman Heitin suggested that the Board vote to Sign the Warrant by reconvening in Regular Session after Executive Session.

Award Contract -- Norwood Street/Edge Hill Road/High Plain Street Intersection

The Board reviewed the Memo held over from last week’s Supplemental Agenda from Peter O’Cain and Eric R. Hooper, Superintendent of Public Works, dated March 18, 2005.  The DPW went out to bid for engineering design work required for the signalization of the Norwood Street/High Plain Street/Edge Hill Road intersection.  It is recommended that a contract be awarded to Tibbetts Engineering Corporation.  Selectman Grasfield noted that he asked for more time last week to read the 8-page contract.  He requested that Mr. Hooper provide background information on Tibbetts Engineering Corporation.

VOTED:  (Grasfield/Heitin)  Voted unanimously to award the contract for engineering design work required for the signalization of the Norwood Street/High Plain Street/Edge Hill Road intersection to the low bidder, Tibbetts Engineering Corporation, Taunton, MA for a fixed fee of $18,500.

Amend Contract - Landfill Reporting - Weston & Sampson Engineers


The Board reviewed a Memo from Eric R. Hooper, Superintendent of Public Works, dated March 21, 2005, recommending an amendment to an existing contract with Weston & Sampson, the scope of which is identical to contracts approved in previous years.  The scope of work proposed is required as part of the closure permit. Selectman Grasfield noted that he is not impressed by Weston & Samspon and would like to bid this out.  There followed a conversation as to whether or not this was too late.  Selectman Grasfield noted that he just received this contract in this week’s agenda packet.

MOTION:  (Heitin) to approve the contract amendment with Weston & Sampson
to continue the landfill reporting and inspection as required under the DEP-approved landfill closure permit in the amount of $10,000.

MOTION NOT CARRIED/ NOT SECONDED

Chair Roach requested that this be held over another week and that Mr. Hooper be invited in to make a presentation.  This item has been deferred.

Update Community Center Repairs/Improvements

Mr. Puritz updated the Board re temporary repairs for the purpose of having the building stabilized.  There will be a presentation made tomorrow evening by BH+A to the Designer Selection Committee.  Three options will be discussed:  (1)  a basic fix; (2) more comprehensive with code compliance; and (2) cost calculation with demolition and replacement with a new structure.  A presentation will be made before the Board at its meeting of April 12.  There will be an article on the Town Meeting Warrant.  Mr. Puritz further reported that the insurance adjustor, Mr. Popkin, was waiting for certain information that has now been provided and he will be filing a comprehensive claim to the insurance company.

Request for Banner & Waiver of Fee - Father Bullock Road Race

VOTED:  (Grasfield/Heitin)  Voted unanimously to approve a banner for the dates of June 6 - 8 in the first position and then June 8 - 13 in the second position and to waive the fee for the Father Bullock Road Race.

Request for Banners - Our Lady of Sorrows

VOTED:  (Grasfield/Heitin)  Voted unanimously to approve banners for two events by Our Lady of Sorrows as follows:  September 12 - 19 and October 3 - 11, 2005.  

Action Items

This item was deferred at the request of Selectman Heitin.

Article 4 - Proposed Amendments re FY’06 Compensation for Non-represented Positions


Chair Roach discussed conversations with the Personnel Board at its meeting last week.  Three Department Head raises were reduced to reflect these discussions and to accommodate a suggested phase-in of raises.  This would result in a 6.13% increase for the Police Chief, a 6.98% increase for the Fire Chief and a 6.3% increase for the Town Accountant.   Selectman Grasfield stated that he did not desire to discuss this in open session.  Discussion will continue within Executive Session.

Cottage Street School Improvements

The Board discussed a letter from Mr. Puritz to Dan Murphy of the Property Tax Bureau requesting an interpretation of the continued applicability of the debt exclusion authorization approved at the May 2001 Annual Town Election.  There is another capital outlay article on the Annual Town Meeting Warrant for an additional $481,000 in order to complete the Cottage Street School construction/renovation project.  This would allow the community the option of the exclusion of the additional incurred debt service costs from the provisions of Proposition
 2 ½.

Appreciation Letter - Police Department

Selectman Grasfield read an appreciation letter from Claire W. Jackson, Superintendent of Schools, dated March 22, 2005 to thank the Chief and Police Department for their help and cooperation over the course of this year.

Well Exploration

Selectman Grasfield noted Memo from Eric R. Hooper, Superintendent of Public Works, dated March 23, 2005 re requests from Conservation Commission with re permitting a production well located within a wetland.  This will be a topic of  discussion with the Water Management Advisory Committee .  He requested that the next meeting of the Water Management Advisory Committee of April 7, 2005 be posted as a joint meeting with the Board of Selectmen.  

Wilber School Redevelopment Committee

Selectman Grasfield noted items discussed with the Minutes of the Wilber School Redevelopment Committee Meeting of March 15, 2005.  He stated that Jim Goldsmith, Chair of the Committee, has requested some guidance from the Board.  There was a discussion as to whether of not the scope of this Committee included analyzing the option for the razing of the building.  Selectman Heitin and Selectman Grasfield agreed that they did not limit the options for this site.   The Wilber School Redevelopment Committee will be scheduled on the agenda for April 12.  

Executive Session

MOTION  to enter into enter into Executive Session for the purpose of discussing matters of real property acquisition, negotiations with non-union personnel, collective bargaining, and pending litigation and personnel matters and at the conclusion thereof to reconvene in Regular Session to deal with the requirement of signing the Annual Town Meeting Warrant.


Clarification of Article to Expand the Board of Selectmen

Ms. Alice Cheyer requested further clarification from Attorney Gelerman re the Town Meeting Article to expand the Board to five members.  Mr. Gelerman discussed an option to have a bylaw change to affect this change, and that there could be a motion on the floor of Town Meeting.  He indicated that it would be within the purview of Town Meeting.   

Ms. Cheyer asked questions about the ballot questions for Town Governance.  It was stated that this would not come up again until the next Annual Town meeting.  

Next Agenda

Selectman Grasfield requested that the Board have a presentation of the articles that it is sponsoring on next week.  He further requested that the Board be prepared to vote on the closing of the loophole re Telecommunications.  Mr. Puritz stated that information will be forthcoming from the Board of Assessors after its next meeting.  

Executive Session

VOTED:  (Heitin/Grasfield) Voted unanimously on the Motion to enter into Executive Session.

Grasfield, aye; Heitin, aye; Roach, aye.

The Board adjourned to Executive Session at 8:40 P.M.

The Board reconvened in Regular Session at  10:15  P.M.

Signing of the Annual Town Meeting Warrant

VOTED:  (Grasfield/Heitin)  Voted unanimously to sign the Annual Town Meeting Warrant.

FY’06 Budget Update

Mr. Puritz gave a brief update of the Selectmen’s Sector budgets to be submitted to Finance Committee next Monday.  There is no change in the number of full-time equivalent positions.

Adjourn Meeting

VOTED:  (Grasfield/Heitin)  Voted unanimously to adjourn the meeting.

The meeting adjourned at 10:30 P.M.

Grasfield, aye; Heitin, aye; Roach, aye.