September 20, 2005
The regular meeting of the Board of Selectmen was held at 5:30 P.M. in the Sharon Town Offices with Chair David I. Grasfield and Selectmen William A. Heitin and Walter Joe Roach.
The meeting was called to order at 5:45 P.M.
Avalon Bay LIP - Proposed Development
Scott Dale and Attorney Steven Schwartz, representatives from Avalon Bay, were present, as well as Chuck Logan, representing the Avalon Bay Citizen’s Advisory Board. Items discussed included:
the Town’s and neighborhood’s highest priorities concern water and sewage;
status of hook-up of sewer to Town of Norwood;
information re testing for on-site sewage treatment facility;
working with Town of Norwood for hook-up to sewer system, but developer has feasible on-site alternative for sewage;
board’s offer of assistance with Town of Norwood;
developer working with Norwood Town Counsel to draft agreement for sewage hook-up;
Norwood has made no commitment to provide water through MWRA;
permit needed from the MWRA;
financial impact of hooking-up to MWRA water ;
Norwood looking for net benefit;
costs estimated at $400,000 - $500,000 for water pipes and construction;
Town of Sharon charges $4,000 per unit for water hook-up;
other issues include, landscaping, buffers/set backs/ fencing, etc.
issues that will go before the ZBA;
ability to limit the number of three-bedroom units/ reduce impact on the schools;
substitution of smaller units for three-bedroom would help the Town’s numbers (toward affordable house requirements);
request from John Davis that this meeting be postponed for a later date;
questions re local preference for first responders;
request that information to sent by email; and,
another meeting scheduled for October11 @ 5:30 P.M.; and,
abutters notice to be sent.
Meeting of October 6
It was the consensus of the Board to meet on Thursday, October 6, and not on Tuesday the week of October 4, 2005 due to the holiday and to begin the meeting at 8:00 P.M.
Recess
VOTED: (Heitin/Roach) Voted unanimously to enter into a recess until 8:00 p.m.
The Board reconvened at 8:07 P.M.
Approve Minutes
The Executive Session Minutes of July 19 and the Minutes of August 2, including Executive Session, were held.
Reappointment to the Water Management Advisory Committee (WMAC)
The Board interviewed Leonard Sekuler for reappointment to the WMAC. Mr. Sekuler is an Environmental Engineer. He discussed the three priorities of the WMAC, identified as: (1) new water source/new well; (2) evaluation of back-up water supply; and (3) water quality issues, including magnesium in Well #6.
Budget Review - Veteran’s Agent - Paul Bergeron
The Board reviewed the Preliminary FY’07 Budget for Veteran’s Services in the amounts of $18,683.00, level; $20,551.00, plus; and $17,749.00, minus. Due to the number of reserve fund transfers in recent years, Mr. Bergeron requested $23,738 be considered as a realistic budget figure.
Budget Review - Veteran’s Graves - Paul Bergeron
The Board reviewed the Preliminary FY’07 Budget for Veteran’s Graves in the amounts of $3,194.00, level; $3,513.00, plus; and $3,034.00, minus. This money goes for flowers.
Budget Review - Community Celebrations - Paul Bergeron
The Board reviewed the Preliminary FY’07 Budget for Community Celebrations in the amounts of $2,280.00, level; $2,508.00, plus; and $2,166.00, minus. This money goes for Memorial Day activities. Selectman Roach asked about funds for replacing some of the telephone pole flags. Mr. Bergeron said his organization removes unserviceable flags and recycles the poles.
Budget Review - Civil Defense - Paul Bergeron
The Board reviewed the Preliminary FY’07 Budget for Civil Defense in the amounts of $9,401.00, level; $10,340.00, plus; and $8,930.00, minus. He requested a level-funded budget, plus $250.00 He discussed $940.00 for TIG welder in the plus budget.
There was a discussion as to replacement cots for an emergency shelter. It was suggested that perhaps cots could be found in government surplus or that funds could be made available through the Local Emergency Planning Council.
Bid for New Ambulance - Fire Chief
The Board reviewed Memo from Chief Mann, dated September 15, 2005. Chief Mann was present to recommend the awarding of the bid to Greenwood of North Attleboro, MA.
VOTED: (Heitin/Roach) Voted unanimously to award the bid for a new ambulance to Greenwood of North Attleboro, MA, in the amount of $187,273 with a trade in of $8,500 and the net cost to the Town of $278,773.
Budget Review - Law - Ben Puritz
The Board reviewed the Preliminary FY’07 Budget for Law in the amounts of $97,000.00, level; $106,700.00, plus; and $92,150.00, minus. Mr. Puritz reported that last year the budget was the highest in history in the amount of $232,286.00 referencing the Rattlesnake Hill expenditures and a Personnel Matter in the Recreation Department as the largest factors in the extraordinary costs. He provided estimates for Town Counsel services, Labor Counsel Services and Legal expenses in all three budget scenarios.
Selectman Grasfield requested that the Board consult with the Zoning Board of Appeals and Conservation Commission to get a snapshot of where the major cases stand. He also requested that Town Counsel provide an estimate of projected legal expenses with options for the Board’s information.
Review Selectmen’s Policies and Goals
The Board began its annual review of the Selectmen’s Policies and Goals. The following policies were discussed:
Policy Number 1, Policies & Procedures of the Board of Selectmen - III. D:
Chair Grasfield noted that from 2003, he has wished to discuss the requirement that a “unanimous affirmative vote” of the full Board is necessary to adopt a policy or procedure. He stated that his concern is more with the Board actually reviewing its Policies and Goals on an annual basis. He suggested that this requirement be further defined within this section to the effect that the Board actively votes to approve its policies on a regular and annual basis and particularly when there is a new Board. Selectman Heitin and Selectman Roach disagreed with making any changes to this language. Chair Grasfield discussed how he had highlighted suggested changes in the Policies over two years ago in writing, but there has not been any discussion till now. There followed a suggestion
as to what month would be best for this review as policy now states it will be done in September, with Chair Grasfield suggesting it be done earlier in the summer. Selectmen Heitin stated that a Board member would not be precluded from discussing the Policies and Procedures at any time.
There was no vote taken as to any changes to this section.
Policy Number 1 -Policies & Procedures of the Board of Selectmen - V.A:
In this section, Chair Grasfield also had written notes from 2003 concerning the sentence:
The Board has delegated this responsibility to the Town Administrator, and in so doing is committed to refraining from becoming involved in the day to day operation of the departments.
Chair Grasfield began by stating that, “ it does not reflect what we practice.” He stated that the roles should be complementary. He also stated that there should be positive interaction between any board and the professional staff. A lengthy discussion followed and items discussed included:
Selectman Roach’s comments that the Board should not micro-manage and that they should go through Mr. Puritz first if they want to meet with or call some one and that the policy is fine;
Selectman Heitin’s comments that this is too philosophical -- stating that in speaking to the old timers and the Department Heads, the Department Heads have expressed that they feel like they have four people managing them, that he believes the Selectmen should try to funnel activities through the manager, and that he does not want to change the policy;
Chair Grasfield thought a philosophical approach is very appropriate, that the Board really does not want to delegate its responsibility, that the office is actually working much better than 2 ½ years ago, citing increased use of the web site and email communication, and that the Board could do more;
both Selectmen Heitin & Roach stated that they do not want to make any changes;
the noncommunication issue between Chair Grasfield and Mr. Puritz raised by Alice Cheyer;
Chair Grasfield recommended that Mr. Puritz and the Board members share all communication through email and stated that he does not believe that everything has to go through Mr. Puritz first and receive his approval;
Selectman Heitin’s accusation that Chair Grasfield has blind sided the Board on several occasions - citing incident of today where Chair Grasfield made a phone call to a member of the Avalon Bay Citizen’s Advisory Committee to see if he were aware of tonight’s 5:30 P.M. meeting; and that he did not share with the other Board members or Mr. Puritz that the member had not been notified or that people were upset;
Chair’s Grasfield reply that he only had a conversation with Mr. John Davis and that Mr. Davis was not upset nor did he hear back that anyone was upset;
Selectman Roach discussed communication problems with Chair Grasfield going back
2 ½ years, noting that things have improved immensely, but we need to try to have better communication;
Chair Grasfield’s hope to have information pushed out of the Selectmen’s office to the Board via Email - as it occurs or as “news of the day;”
In answer to the question as to why Chair Grasfield refuses to speak to Mr. Puritz, Chair Grasfield responded that (1) in order for the Board to do its job effectively, Email is an extremely easy way to disseminate the factual information, and (2) his concern that there is no perspective given on positions that would violate the open meeting laws;
open meeting laws and deliberation issues;
Mr. Puritz’s discussion of his long tenure as Town Administrator and his goal to always return every phone or email message;
Mr. Puritz’s accusation that he does not get a response to Emails sent to Mr. Grasfield;
Mr. Puritz’s statement of receiving a “chill” from Chair Grasfield since day one;
the dysfunctionality of the Board;
Chair Grasfield concern that communication not overstep the bounds of the Open Meeting law and his desire to just “have the facts” to do this job;
Chair Grasfield’s statement that there is now more communication happening during the
meetings and that communication outside of the meetings has limitations;
Marcia Liebman’s statements that re communication problems that “you are all guilty”; that the Board needs to be careful of “serial conversations;” that the Board sit down with the Assistant District Attorney’s Office and review the Open Meeting Law;
Alice Cheyer’s statements to Mr. Puritz to, “find a way to make it all good.”
on-going coffee meetings between Chair Grasfield and Selectman Roach where they do not discuss any issues or business that could be deliberative in nature;
question of Chair Grasfield popping into Historical Commission Meeting without notifying other board members; and,
Chair Grasfield stating that he attends posted meetings from other boards/committees on a regular basis.
It was the consensus of the Board to continue its review of Policies and Procedures at the next meeting. Chair Grasfield stated that his desired changes have been distributed in writing and, in reference to Selectman Heitin’s statement that he has about nine items for discussion, Chair Grasfield requested that this also be distributed in writing to the other board members.
Action Items
It was the consensus of the Board to defer discussions on this item.
Gravel Removal Permit - Hunter’s Ridge Realty Trust
The Board reviewed Memo from Peter O’Cain, Assistant Town Engineer, dated September 16, 2005, re Earth Removal Permit Review for Hunter’s Ridge. This is being sent to Town Counsel for his review. Selectman Roach requested that a site visit be arranged to visit the Hunter’s Ridge site where the request is for a maximum removal of up to 84,000 cubic years or an estimated 2800 truck loads. A public hearing will need to be advertised and abutters notified. It was requested that information be posted on the web.
Request for Amendment to Contract re Norwood Street/Edge Hill Road Intersection
The Board reviewed Memo from Peter O’Cain, Assistant Town Engineer, dated September 16, 2005, requesting that the Board approve having Tibbetts Engineering review shop drawings for this project.
VOTED: (Heitin/Roach) Voted unanimously that the Board approve Amendment No. 2 for Tibbetts Engineering Corp., Taunton, MA in the amount of $800 for the purpose of reviewing shop drawings.
Reappointments and Appointments to Committees/Boards
The Board held the appointments to the Community Preservation Committee to check on the terms.
Water Management Advisory Committee
VOTED: (Heitin/Roach) Voted unanimously to reappointment Lealdon Langley, John A. Sulik, and Leonard Sekular to the Water Management Advisory Committee, appointment to expire: September 2008.
Recreation Advisory Committee
VOTED: (Heitin/Roach) Voted unanimously to appointment Frederick Benjamin, Jr. to the Recreation Advisory Committee, appointment to expire: September 2008.
The Board has not yet interviewed Edwin Little for reappointment to Animal Inspector nor Nancy Rubenstein for reappointment to the Transportation Advisory Board.
Award Bid - Solar Salt and Rock Salt Contract
The Board reviewed Memo from Marie E. Cuneo, Business Manager, dated September 19, 2005 re bid opening by the Medfield Consortium.
VOTED: (Heitin/Roach) Voted unanimously to award the bid to Easton Salt Co., North Chelmsford, MA for Solar Salt at $40.20 per ton and Rock salt at $40.20 per ton.
VOTED: (Heitin/Roach) Voted unanimously to award an alternate bid to American Rock Salt, Mount Morris, NY, for Rock salt at $40.79 per ton.
Request for Banner
VOTED: (Heitin/Roach) Voted unanimously to approve a banner for Coriander Restaurant for the dates of September 21 - September 26, 2005.
New Business/Other Business
The Letter from Mr. Reilley re: pedestrians in crosswalk and response from Police Chief – will be discussed next week.
The Board will act on the request from Mr. Hughes for membership on the Wilber School Committee next week. Ms. Liebman stated that Wilber School Redevelopment Committee is supportive of a member of the Historical Commission serving in this capacity.
Announcement that Flu Clinics are scheduled for November 1 and November 2 at Temple Sinai.
Request from the Board of Health to discuss the septic system design for the Community Center with the Board. Suggestion to follow a parallel path with Board of Health meeting with the architect and the Standing Building Committee and with the Board of Selectmen.
Sale of Bonds
Certification for the Sale of Bonds was read and voted as follows:
VOTED: (Heitin/Roach) Voted unanimously that the sale of the $5,375,000 Municipal Purpose Loan of 2005 Bonds of the Town dated September 15, 2005, to Corby Capital Markets, Inc. at the price of $5,456,833.10 and accrued interest is hereby confirmed. The bonds shall be payable on September 15 of the years and in the principal amounts and bear interest at the respective rates, as listed on certification, dated September 20, 2005 and signed by the Clerk of the Board, subject to earlier redemption at the option of the Town as provided in the Preliminary Official Statement dated September 1, 2005.
Further Voted: (Heitin/Roach) Voted unanimously to confirm the provisions of the Bond Purchase Agreement dated September 13, 2005.
VOTED: (Heitin/Roach) Voted unanimously to have the Clerk of the Board sign the Vote Certification on behalf of the Board.
The rates were discussed. Selectmen Heitin noted that the Town has received a favorable AA rating and rates fall within the 2.8% and 4.32% range for years 2016 - 2025. Chair Grasfield noted that the yield coupon rate is listed at 4%.
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing items of collective bargaining, real property acquisition, and pending litigation and at the conclusion thereof to adjourn for the evening.
The Board adjourned to Executive Session at 11:00 P.M.
Q:\Word Perfect\MINUTES\092005.wpd
| 
