May 24, 2005
The regular meeting of the Board of Selectmen was held at 7:00 P.M. in the Sharon Town Offices with Chair David I. Grasfield and Selectmen William A. Heitin and Walter Joe Roach, and Town Administrator Benjamin E. Puritz.
The meeting was called to order at 7:00 P.M.
Reorganization of the Board
VOTED: (Heitin/Roach) Voted unanimously to appoint David I. Grasfield as Chair of the Board.
VOTED: (Roach/Grasfield) Voted unanimously to appoint William A. Heitin as Clerk of the Board.
John Ford - Swearing-In Ceremony
Chief Bernstein was present and introduced John’s uncle and former Selectman Eddie Little to swear Officer Ford in as Police Sergeant and to administer the oath of office.
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing matters of real property acquisition and to reconvene in regular session at 7:30 P.M.
The Board recessed to Executive Session at 7:05 P.M.
The Board reconvened in Regular Session at 8:30 P.M.
Notes from the Chair
Chair Grasfield congratulated Selectman Roach on his reelection to the Board. He also thanked Janis Edinburgh for her campaign, Coriander Restaurant for their annual Chef’s Classic, the Board of Health for sponsoring a meeting with multiple committees and boards invited to discuss septic issues in the center of town, WMAC members for facilitating a very creative problem-solving meeting with Avalon Bay, and Town Accountant Joan Leighton for encouraging attendance at a forum on the public bidding process.
Approve Minutes
This item was deferred until the next meeting.
Pole Location Hearing - Norwood/Edge Hill/High Plain
Christopher Parella from Verizon was present to discuss the joint petition and associated plan in support of the Town’s Norwood/Edge Hill/High Plain intersection project.
VOTED: (Heitin/Roach) Voted unanimously to approve the Petition from Verizon New England and Boston Edison for Joint Pole location, as part of the Norwood/Edge Hill Road/High Plain intersection project, described as follows:
Norwood Street:
On the easterly sideline, approximately 87 feet north of the intersection of Edge Hill Road, relocate Pole No. 16/8 approximately 7 feet east of existing pole location. Then approximately 121 feet north of new pole No. 16/8 relocate Pole No. 16/7 approximately 5 feet east of existing pole location. Then on the westerly sideline, approximately 132 feet north of new Pole No. 16/7, place new pole No. 16/6S. (Two poles to be relocated and one new pole to be placed).
Tree City USA
The Board congratulated Eric R. Hooper, Superintendent of Public Works and Kevin Weber, Tree Warden, for its 2004 Tree City USA Designation from the National Arbor Day Foundation and presented them with a Certificate of Recognition from the Massachusetts House of Representatives.
Large Limb Pick-Up
Eric R. Hooper, Superintendent of Public Works, was present to review his Memo of April 29, 2005 re: pickup of large limbs. Kevin Weber, Tree Warden, joined in the discussion. Mr. Hooper discussed a problem with commercial users of the Farnham Road Pit. There was a discussion re opening the pit every other weekend on alternate days. Mr. Weber stated that this would impact quality of life issues. The Board had previously received a letter from Linda Pratt, requesting that the Board evaluate the Town’s policy of not providing this service.
Mr. Hooper suggested a fee of $10 for DPW scheduled pickup of large limbs, similar to large appliances. As this will be a “new fee” it will need to be advertised on Cable TV for three weeks prior to having a public hearing to institute this new fee and service.
Household Hazardous Waste Collection
Eric R. Hooper, Superintendent of Public Works, was present to discuss the Memo from Marie E. Cuneo, Business Manager, Department of Public Works, dated May 16, 2005 recommending that Saturday, June 4, 2005 be designated as Household Hazardous Waste Collection Day with the same vendor, Veridium of Lowell, MA, as last year.
Mr. Hooper stated that this day will not be for “gadgets” as last year, but that there will be a separate scheduled collection for gadgets.
VOTED: (Heitin/Roach) Voted unanimously to approve Veridium of Lowell, MA to conduct the Household Hazardous Waste Collection Day on Saturday, June 4, 2005 from 9 a.m. to 1 p.m.
Reserve Fund Transfer Request - Department of Public Works
Eric R. Hooper, Superintendent of Public Works, was present to review his Memo, dated April 21, 2005, re Reserve Fund Request in the amount of $199,946.15 to cover budget line item overruns due to winter snow and ice removal.
VOTED: (Heitin/Roach) Voted unanimously to forward the Reserve Fund Request to the Finance Committee in the amount of $199,946.15.
Amendment to Contract with VHB - North/South Main Street project
Eric R. Hooper, Superintendent of Public Works, was present to review his Memo of May 20, 2005 recommending an Amendment to the Contract with VHB for the North/South Main Street reconstruction project to edit plans and contract documents for the proposed change in scope from cold planning to reclaiming the pavement.
VOTED: (Heitin/Roach) Voted unanimously to approve Contract Amendment No. 9 with Vanasse Hangen Brustlin, Inc. (VHB), Watertown, MA in the amount of $12,000.
Community Center Project Proponents
The Board discussed Mr. Puritz’s recommendations for project proponents:
VOTED: (Heitin/Roach) Voted unanimously to appoint as project proponents for the Council on Aging: Arnold Kublin, Rob Maidman (alternate), and Sheila Pallay (back-up).
VOTED: (Heitin/Roach) Voted unanimously to appoint as project proponents for the Recreation Department: Steve Lesco, and Jay Bronstein (alternate).
VOTED: (Heitin/Roach) Voted unanimously to appoint Rick Rice as project proponent for the Town Offices.
Nominating Committee for the Standing Building Committee
VOTED: (Heitin/Roach) Voted unanimously to appoint Chair David I. Grasfield as a member of the Nominating Committee for the Standing Building Committee.
Community Center Update
This item was deferred until the next meeting.
Sharon Dog Park - Request for Extended Parking
The Board discussed Email correspondence from Patricia Zlotin requesting extended use of the unpaved section of the Deborah Sampson Parking Lots on weekends for use by the Dog Park. Mr. Puritz will prepare a notice to the neighbors and schedule a hearing before the Board in a few weeks.
Award Contract - SERSG - Office Supplies
The Board reviewed information from SERSG re bids for Office Supplies with New England Office Supply offering the largest discount (73.6%) off the price of office supplies contained in the 2005 United Stationers Supply Catalog.
VOTED: (Heitin/Roach) Voted unanimously to award a contract to New England Office Supply (NEOS) of Braintree, MA for Office Supplies for a two-year period commencing on July 1, 2005.
Rattlesnake Hill Vote
The Board reviewed correspondence from Paul Fitzgerald of Town Counsel’s Office re a form of vote to be taken re Rattlesnake Hill. The vote includes two things: (1) a determination by the Selectmen that they do not need to follow the provisions of Chapter 30B, Section 16 in acquiring Rattlesnake Hill because of the unique qualifies and location of the property; and (2) authorization for Town Counsel to prepare and present to the Board for its review and approval an option to purchase agreement between the Town, Mountain Street LLC and the Rattlesnake Hill Corporation.
VOTED: (Heitin/Roach) Voted unanimously that the Board of Selectmen hereby votes pursuant to Massachusetts General Laws Chapter 30B, Section 16(d) to adopt the Uniqueness Determination relative to the Rattlesnake Hill parcel in the form attached hereto as Appendix A and that pursuant to Massachusetts General Laws Chapter 30B, Section 16(e)(1), said Uniqueness Determination along with the names of the parties having a beneficial interest in the property and the proposed purchase price shall be published in the Massachusetts Central Register not less than thirty (30) days before the Town of Sharon executes a binding agreement to acquire the Rattlesnake Hill parcel.
Out-of-State Training Reimbursement - Fire Department
The Board reviewed Memo from Chief Mann, dated May 17, 2005 requesting Out-of-State Training Reimbursement for two members of the department who attended the Fire Department Instructors Conference in Indianapolis, IN. Chief Mann stated he was unaware that there was a Selectmen’s policy on our-of-state travel and it was funded from donations.
VOTED: (Heitin/Roach) Voted unanimously to approve reimbursement for out-of-state training in the amount of $1,043,80.
Award Contract - Chlorinated Rubber Line Painting
The Board reviewed Memo from Marie Cuneo, Business Manager, dated May 19, 2005 recommending a contract be awarded to the low bidder, Standard Line of Taunton, MA, in the amount of $45,045.00.
Action Items
This will be moved up on the agenda for discussion next week with an updated list.
Draft - 2005 Fall Town Meeting
This will be a general business item on the next agenda. A copy will be sent to FINCOM and they will be invited to discuss the deadlines.
Proposal of Lease - Upland Rd - Water Tank
Selectman Grasfield discussed a letter from TerraSearch re request that the Town issue an RFP for wireless installation on the Upland Rd. water tank to cover gaps by Sprint. Mr. Puritz stated that he has responded to the firm and discussed the survey of the Town that will be done by a wireless communications consultant as approved by Town Meeting. He also stated that we had reservations about the proposed plan to install a structure above the height of the tank.
Adjourn
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing matters of Collective Bargaining, Personnel Matter, and Real Property Acquisition, and, at the conclusion thereof, to adjourn for the evening.
Heitin, aye; Roach, aye; Grasfield, aye.
The Board left the open session at 9:07 P.M.
APPENDIX A
Rattlesnake Hill Uniqueness Determination Vote
The Town of Sharon wishes to acquire a portion of the land located on the easterly side of Mountain Street in the Town familiarly known as the “Rattlesnake Hill” parcel. The Town wishes to acquire said property for use substantially as conservation land and wishes to designate the developer of the remaining acres of said parcels. The land to be acquired by the Town is a portion of the property owned by the Rattlesnake Corporation as shown on a “Plan of Land, Mountain Street in Sharon, Mass.,” dated May 6, 1996, Youngquist, James & Associates, Inc., recorded in the Norfolk County Registry of Deeds in Plan Book 439, Plan No. 293, or as the same may be more particularly described.
Pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16, the Town of Sharon must solicit proposals prior to acquiring real property at a cost exceeding $25,000.00, unless the Board of Selectmen determine in writing that advertising for the submission of proposals will not benefit the Town’s interest because of the unique qualities or location of the real property needed.
The Board hereby declares as follows:
The Town of Sharon Board of Selectmen has determined that advertising for proposals pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16(d), will not benefit the interest of the Town of Sharon because of the following unique qualities or location of the real property to be acquired:
1. The Rattlesnake Hill parcel enjoys a unique location in Sharon in that it abuts and connects to three other important parcels of conservation land. The first such parcel is Borderland State Park, a 1,700-acre park located in the Towns of Sharon and Easton. The second important parcel consists of approximately 200 acres of contiguous Town conservation land purchased and assembled to protect the watershed of the 350-acre Lake Massapoag, and the integrity of Rattlesnake Hill. The third parcel is located in the adjacent Town of Stoughton, Massachusetts and consists of a 580-acre parcel known as the Bird Street Conservation Area.
Although this area does not abut the Rattlesnake Hill parcel directly, the acreage between the two properties is either wetlands or privately owned land protected by conservation restrictions. These areas including the Rattlesnake Hill parcel serve as valuable wildlife corridors and connecting habitat.
2. In 1970 the Norfolk Conservation District in conjunction with the Sharon Conservation Commission identified Rattlesnake Hill as a significant parcel for wildlife, green-belt and scenic vista.
3. In 1974, the Rattlesnake Hill parcel was rated in a Massachusetts Landscape and Natural Areas Survey as an area of local, state and regional ecological significance.
4. In 1987, the Rattlesnake Hill parcel was designated as the one of the important private land properties worthy of preservation as part of the Town's Open Space and Recreation Plan. The 1994 update of the Open Space Plan specifically targeted the Rattlesnake Hill parcel as an acquisition priority.
5. The Commonwealth of Massachusetts Division of Fisheries and Wildlife’s Natural Heritage and Endangered Species Program (“NHESP”) has determined that the Rattlesnake Hill area contains Core Habitat, Priority Habitat and Estimated Habitat. Between 2001and 2004, the NHESP of the Division of Fisheries and created a Biomap of the whole state and the Rattlesnake Hill parcel was designated as a viable core habitat for rare plant and animals.
6. Nearly twenty percent (20% ) of the Rattlesnake Hill parcel consists of varied wetland communities. Six expansive vernal pools have received certification, to date, from the Natural Heritage and Endangered Species Program.
7. Estimated habitat for Blandings Turtles has been documented on the northern and southern perimeter of the Rattlesnake Hill parcel. More recent observations have documented specimens on the parcel itself. Spotted and box turtle populations also utilize the parcel.
8. The Rattlesnake Hill Parcel is also noted for its unique geological features consisting of a Devonian Age granite formation named Rattlesnake Hill Pluton. A deposit of diatomaceous earth also exists on site.
9. Approximately one third of the Rattlesnake Hill parcel lies within the up-gradient watershed of the 350-acre Lake Massapoag (itself estimated habitat). A panoramic view of the entire region is afforded from the summit of the parcel and an extensive trail network exists. The property represents a desired “Jewel” in the Bay Circuit Trail as it exits Borderland State Park and traverses Sharon.
The Board further declares that pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16(e)(1), the Board shall publish this determination along with the names of the parties having a beneficial interest in the property and the proposed purchase price in the Massachusetts Central Register not less than thirty (30) days before the Town of Sharon executes a binding agreement to acquire the property.
Pursuant to this determination, the Board of Selectmen further votes to authorize the Town Counsel to negotiate and prepare for review approval and execution by the Board an agreement by and between the Town, Mountain Street LLC and the Rattlesnake Hill Corporation which provides the Town with an option to purchase a portion of said Rattlesnake Hill parcel and to designate to the owner the buyer of the remaining land not to be purchased by the Town, said agreement to also contain such terms and conditions as shall be required to enable the Town to exercise such options.
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