July 19, 2005
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon High School Library, Pond Street, at 7:30 P.M. 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 7:35 P.M.
Approve Minutes
VOTED: (Heitin/Roach) Voted unanimously to approve the Minutes of June 14, 2006, as printed, and the Executive Session with one amendment:
Revert back to earlier unedited version of the language on Page 2 re comment from Richard Powell.
VOTED: (Heitin/Roach) Voted unanimously to approve the Minutes of June 21, 2006, including Executive Session, as printed.
The Minutes of June 28 and July 5 were held for further review.
Release Executive Session Minutes
VOTED: (Heitin/Roach) Voted unanimously to release to public record the Executive Session Minutes from January 2, 1997 to December 18, 1997 without redaction.
Sharon High School Tennis Team
Coach Holt and members of the Sharon High School Tennis Team were present to receive congratulations and a signed proclamation for its winning the 2005 Division 1 State Championship.
Reappointment Interview - Animal Control Officer
The Board interviewed Diane Malcolmson for reappointment as Animal Control Officer. Ms. Malcolmson outlined the current duties and activities of this office. She commented on the success of the Dog Park.
Reappointment Interview - Zoning Board of Appeals
The Board interviewed Lee Wernick for reappointment to the Zoning Board of Appeals. Mr. Wernick discussed the current duties and activities of this Board and he requested that he be reappointed as full member.
Reappointment Interview - Historical Commission
The Board interviewed David Martin for reappointment to the Historical Commission. Mr. Martin discussed the current duties and activities of the Commission, including the preservation of historical homes.
Reappointment Interview - Commission on Disabilities
The Board interviewed Chair Sidney Rosenthal for reappointment to the Commission on Disabilities. Mr. Rosenthal discussed the current duties and activities of the Commission, including grants made by monies collected from fines for parking in handicap spaces.
Reappointment Interview - Commission on Disabilities
The Board interviewed Florence Finkle for reappointment to the Commission on Disabilities. Ms. Finkle discussed her interest in being reappointed to the Commission and praised the many achievements of Chair Rosenthal.
Community Center Update
Mr. Puritz briefly discussed the engagement of the architects BH+A who are now working on verifying the programming information and building upon the feasibility study. BH+A will be working on construction design with cost estimates for the Fall Town Meeting.
Rattlesnake Hill Hearing
Chair Grasfield began with a brief background and history of the Town’s efforts to acquire this property, including previous votes by Town Meeting, particularly the vote to appropriate 7.5 million (6 million to be borrowed with the balance to be funded through water revenues) for the purchase of this property through a debt exclusion override appropriation at the Special Town Meeting December 2003 with the debt exclusion override voted at the March 2, 2004, Special Town Election, with anticipation of funds available by the State, and then the vote that modified that 2003 vote in October 2004, co-sponsored by the Conservation Commission and the Board of Selectmen, to allow for participation of a “third party” and to define “a portion, as opposed to the entirety, of said parcel of
land.” He discussed how the State did not appropriate funds to acquire this property with the Town and that, subsequently, the Town sought developers to partner with the Town to seek alternative development options.
Other items shared by Chair Grasfield:
litigation involving the Zoning Board of Appeals and an abutters group re a proposed 40b development by the property owners;
the seeking of alternative development partners by Greg Meister, Conservation Officer and himself - numerous meetings with more than a dozen
potential developers;
meetings and negotiations with developers by members of Conservation Commission and the Board of Selectmen;
the hiring of a consultant, LandVest, to develop scenarios for alternative development
the development of criteria to assess potential development partners, including:to be consistent with Town Meeting vote, environmental impact, neighborhood impact, financial impact, and other factors, including diversified housing stock;
on-doing discussions in Executive Session attended by Town Counsel, members of Conservation Commission, Zoning Board of Appeals, Finance Committee and abutters group;
two development options by two developers were considered by the Board at its Executive Session meeting on June 28 with selection of one developer (Mirrione) by a joint vote of the Selectmen and the Conservation Commission to continue with negotiations;
both proposals would use less than 10% of land– satisfied Department of Revenue requirement that it was consistent with Town Meeting vote and intention of override vote;
selected proposal includes 89 age-qualified units on 25 acres of net useable land with a split between 2-bedroom single family units and 2-bedroom town houses;
selected proposal showed financial benefit to the Town of half-million dollars per year after debt service–other proposal showed net cost to the Town;
news items concerning quid pro quo within the Board of Appeals meeting - Chair Grasfield stated that he had said at a prior Selectmen’s Meeting that there could not be any “quid pro quo” ;
continued conversations with Senator Joyce re funding for environmental bond bill to acquire Rattlesnake Hill;
Attorney Gelerman shared several items:
maps showing proposed development within layout of land;
discussion of 40b proposal by Rattlesnake Hill re comprehensive permit on hold within the Housing Appeals Court – owner seeking to develop 250 units on 230 acres (ZBA approved 120 units–owner now has fallback position with agreement for 175 units (50 within conservation subdivision) with remaining 100 acres subject to further development);
agreement with selected developer, Mirrione, has been memorialized;
agreement with Mr. Striar, representing the property owners, has been memorialized, but not signed;
property owner quoted as stating that he needs to work sequentially on getting permits for other parcels before he resumes negotiations on Rattlesnake;
There were over 30 interested residents in attendance and items discussed included:
Concerns re impacts to Briggs pond, surrounding wetlands and private wells as presented by Steven Koval of the Briggs pond Homeowners Association (distributed Memo, dated July 19, 2005);
project will still need review/permits by Planning Board, Conservation Commission and Board of Health
Mirrione will make public presentation of proposed development soon;
support expressed for the work done by Conservation Officer and Board of Selectmen to preserve most of the land;
none of the units will be considered affordable;
over 90% of the land would be owned by the Town;
concerns by Richard Mandell, 580 Mountain Street, as to location of development close to his property and impact to foundation, wells, etc;
suggestion for neighbors to visit other developments by Mirrione;
arrangement for a site visit;
location of proposed septic treatment facility;
water storage tank (included in original article for acquisition);
suggestion by Eli Hauser, Planning Board Member, to request that the 44 town houses be rental units to count toward the Town’s affordable housing inventory;
streets will be private;
acquisition will not cost the Town more than the $7.5 million;
reproduction of small maps to be made available to public; and,
Recess
VOTED: (Heitin/Roach) Voted unanimously to take a five-minute recess.
The Board recessed at 9:05 P.M.
The Board reconvened at 9:12 P.M.
Action Items
The Board reviewed its list of Action Items. No additional items were added.
Fall Town Meeting Warrant Articles
A. The Board reviewed the list of Warrant Articles for the Fall Town Meeting as follows. The deadline for holding space for a draft article was July 18. The Board reviewed a list of draft articles and deleted several, including Cellular Plan Zoning (will not be ready) and off-set funding for Community Use of School Facilities. Ben Puritz indicated that Dave Clifton and Claire Jackson had worked out a solution; Chair Grasfield asked that the proposal be shared with the Board and the public. The following placeholders for proposed articles were discussed:
B. Collective Bargaining Contract(s) funding
C. Community Center Construction/Renovation Funding
D. Correct Vote of the Fall 2005 Town Meeting - re By-Law numbering
E. Amendment to MUOD - Board of Health
F. Amendment to CSD bylaws - Board of Health
G. Naming of Doris Annis Park - Historical Commission
H. Residency Requirement for Appointment to Town Committees/Boards
I. Five Member Board of Selectmen - - Petition - Marjorie L. Asnes
J. Inclusionary Zoning - Planning Board
A.
K. Law Budget Supplement
L. Change in Fire Alarm By-law - - Planning Board
M. Accessory Apartment - - Planning Board
N. Conservation Subdivision Design - - Planning Board
O. Multi-Use Overlay District - - Planning Board
Chair Grasfield asked if the Board intended to add an article for abatement of hazardous materials at the Wilber School, given the Wilber Re-Use Committee’s strong desire to do so in April.
Chair Grasfield suggested that the Planning Board and Board of Health communicate on their proposed articles and work together to reduce the number of articles on the same issues.
Water Audit Contract Recommendation
The Board reviewed the Memo from Eric Hooper, Superintendent of Public Works, dated July 11, 2005. It states that the Water Department requested that Energy New England submit a proposal to provide required water use audit services with regard to residential water use in the Town. Cost estimates to perform up to 200 water use audit services were requested from several other firms. It is intended to target the top residential water users with irrigation systems. The Water Department recommends that a contract for performing water audits be awarded to Energy New England of Foxborough, in the amount of $15,600 as the lowest price.
VOTED: (Heitin/Roach) Voted unanimously to award a contract for engineering services for performing water audits to Energy New England of Foxborough, in the amount of $15,600
Nepotism Waiver Request - Eric Hooper, Superintendent of Public Works
The Board reviewed a Memo from Mr. Hooper, dated July 8, 2005 requesting that the Board consider a nepotism waiver to permit the hiring of Ryan Connolly to a temporary summer help position of the Forestry and Grounds Division of the Department of Public Works. Ryan Connolly is the son of Frank Connolly, who also works for the same Department. Mr. Connolly was the only applicant for the remaining summer help position. It was stated that this has already been reviewed and approved by the Personnel Board.
VOTED: (Heitin/Roach) Voted unanimously to approve application for a waiver of the nepotism bylaw for the temporary hiring of Ryan Connolly for the summer season.
Request for Transfer from the Reserve Fund
The Board reviewed a Memo from Chief Dennis Mann, dated July 8, 2005 listing circumstances that led to the need for a Reserve Fund Transfer, including having to hire and train three new personnel and to pay for replacement coverage for firefighter out on Injured On Duty.
Mr. Puritz stated that this was for the Board’s information only as this was acted on by the Finance Committee.
Contract Recommendation for Iron/Manganese Treatment - Well #6
The Board reviewed Memo from Eric Hooper, Superintendent of Public Works, dated July 13, 2005, recommending that the Board award a Contract to Weston & Sampson Engineers of Peabody, MA, in the amount of $56,700 to conduct a pilot study of recommended technologies for iron and manganese removal as part of the continuation of the Well Number 6 potential treatment study. Mr. Hooper explained the bidding process for the original contract that anticipated recommended piloting of recommended technologies that could cost between $50,000 and $100,000. Mr. Hooper answered questions re types of pressure filtration including manganese greensand, active bacteria media and membrane (later not being considered).
Chair Grasfield requested a copy of the Executive Summary of the April 2005 report from Weston & Sampson.
VOTED: (Heitin/Roach) Voted unanimously to award a contract to Weston & Sampson Engineers of Peabody, MA, in the amount of $56,700 to conduct a pilot study of recommended technologies for iron and manganese removal.
Wilber Reutilization Committee
Selectman Heitin requested that the Chair of the Wilber Reutilization Committee be contacted to see if it is the committee’s desire to have an article for the abatement of hazardous materials and waste for the fall town meeting.
Resignation of Marie Cuneo - Historical Commission
The Board accepted resignation from Marie Cuneo with regret and best wishes.
Recommendation of the Water Management Advisory Committee
The Board discussed correspondence from Paul Lauenstein, Secretary of the Water Management Advisory Committee, re vote of the Water Management Advisory Committee recommended that the Board amend the Sharon Water Division Rules and Regulations by adding a new paragraph 7, Low Flow Fixtures, to Article III, re low flow toilets and washing machines in all new construction.
Chair Grasfield suggested that this be scheduled as an agenda item and to seek an opinion from Eric Hooper, Superintendent of Public Works as to whether this is “overreaching” in its scope.
Letters of Recognition
Chair Grasfield noted two letters of recognition sent by Police Chief Bernstein to Police Officer Michael Balestra and Detective Adam Leavitt for an incident that occurred on June 12, 2005.
Water Management Advisory Committee
Chair Grasfield noted correspondence from Paul Lauenstein, dated July 8, 2005, re vote of the WMAC with recommendation that the WMAC strongly encourages the Board of Selectmen to negotiate with Avalon Bay to purchase water from the Town of Norwood. He stated that this is something that is being considered and pursued.
Office Hours - Senator Brian A. Joyce
Chair Grasfield read an announcement that Senator Joyce will be holding office hours in the Selectmen’s Meeting Room on Wednesday July 27 from 11:00 - 12:00 Noon. No appointment necessary.
Request for Conveyance of Town-Owned Property - Historical Society
The Board discussed Letter from Shirley A. Schofield from the Sharon Historical Society requesting that the Board support a request to extend its property back a few feet to allow space to construct a carriage shed.
The Board will schedule this as an appointment for discussion on its Agenda of August 16.
Wilber School Site - Septic Groundwater and Soils Analysis
The Board noted the first draft conclusions of the Wilber School septic groundwater and soils analysis performed by Weston and Sampson Engineers. Further information will be provided.
Dogs on the Beaches
Chair Grasfield noted correspondence from Linda Rosen of the Board of Health, dated July 14, 2005 reminding residents that dogs are not allowed along the beaches of Lake Massapoag during the summer months and that fines may be imposed for violators.
Comcast - Changes for Customers
Chair Grasfield noted correspondence from Comcast Cable TV, dated July 12, 2005 re changes to the digital service packages.
Resignation - Zoning Board of Appeals
The Board accepted with regret and best wishes the resignation of Daniel E. Rosenfeld, effective July 29, 2005.
FY2004 Audit
Chair Grasfield noted reference to the FY2004 Audit within the Town Accountant’s Monthly Activity Report and requested a copy of the draft report. Mr. Puritz stated that he should be receiving that in September.
Town Clerk
Selectman Heitin commended Marlene Chused, Town Clerk, for her last-minute assistance to a resident needing documents before going on a cruise and for making herself available to the resident by coming into Town Hall late on a Saturday evening.
N./S. Main Street Project
Selectman Roach updated the Board on meeting with members of Mass Highway Department and PA Landers. He stated that it was enlightening as problems were identified as being with the gas company and other utilities in holding up the project and being responsible for the conditions of the patches.
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session to discuss matters of pending litigation, collective bargaining, personnel grievance, real property acquisition and negotiations, and at the conclusion thereof to adjourn for the evening.
The Board adjourned to Executive Session at 10:05 P.M.
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