October 6, 2005
The regular meeting of the Board of Selectmen was held at 8:00 P.M. in the Sharon Town Offices with Chair David I. Grasfield and Selectmen William A. Heitin and Walter Joe Roach and Benjamin E. Puritz, Town Administrator.
The meeting was called to order at 8:05 P.M.
Approve Minutes
The Minutes of September 20, 2005, were approved as corrected (below), and the Executive Session Minutes were approved as printed.
Correction: Page 6, under Reappointments to Committees/Boards, last sentence:
Correct: Edwin Little for reappointment to Animal Control Officer
to: Edwin Little for reappointment to Animal Inspector.
The Executive Session Minutes of August 16, 2005 were held. The Executive Session Minutes of August 30 were discussed as to what version had been approved and it was the consensus of the Board that there was no need for reconsideration.
Notes for the Chair
Chair Grasfield noted that Jill Crawley of Coriander announced that $30,000 had been raised for the Hurricane Katrina Red Cross Fund at its Boston Chef’s fundraiser and thanked all those that participated and supported the event.
Chair Grasfield announced that the next meeting scheduled for October 11 will begin at 5:30 P.M. as a follow-up to the recent Avalon Bay public hearing, and that there is a Standing Building Committee meeting scheduled for 7:00 P.M., October 18 on the Community Center Renovations at the High School Library.
Tax Rate/Recap Discussion
Mark Mazur, Administrative Assessor and Richard Gordon, Assessor, were present to discuss the Tax Rate and Tax Rate Recapitulation. Items discussed included:
amount for Excess Levy Capacity is $579,101.56;
tax rate of $15.11 ($15.58 last year);
property taxes to increase due to property valuations (average home assessed at $450,000);
anticipated motor vehicle excise taxes reduced by 10% to reflect conservative estimate;
review of Certification of Appropriations and Sources of Funding, dated 9/30/2005;
Define Other Available Funds;
Free Cash– calculated by Town Accountant (based on Town Meeting appropriation);
Proposition 2 ½ explanation re individual tax bills and impact of valuations, debt exclusion votes and overrides;
property valuations updated annually; and,
Excess Levy Capacity represents amount that the Town could but will not raise on this year’s property taxes, but amount could be added to future year’s taxes.
Southeastern Regional Vocation Technical School --Assessments
Jim Hager, Superintendent of Southeastern Regional Vocation Technical School, and School Committee Representative Mindy Kempner were present to discuss changes in the assessments to the cities and towns with money reimbursed to the School for regional transportation costs. A copy of a check was presented in the amount of $3,878 which represents the reduced assessment to the Town of Sharon.
Dog Hearing - 5 Prince Way
Selectman Heitin recused himself from the hearing and left the room. Diane Malcolmson, Animal Control Officer, was present to testify at this hearing as requested by her in accordance with Massachusetts General Laws, Chapter 140, Section 157, re two dogs owned by Joanne Rogers at 5 Prince Way.
Mr. Puritz stated that he had reviewed this matter with Town Counsel, including that the Town had provided notice in the form of a certified letter with a copy hand-delivered to the owner of the dogs as to the date and time of this hearing, and that the subject to the hearing advised that she was unavailable to be present at this time. Town Counsel recommends that the matter be continued to provide an opportunity for the person served with the notice to be present. Mr. Puritz further stated that it is recommended that the Board not continue with any substantive proceedings at this time. It was decided to continue this hearing to 5:30 P.M. on October 18, 2005.
Ms. Malcolmson briefly discussed the interim restraining order placed on two dogs at 5 Prince Way per the Town bylaws, stating that the dogs have to stay on the property for 14 days until the hearing is held and that she needs to reissue another restraining order as of today.
Mr. and Mrs. Abraham Heitin, 1 Prince Way, were present. Mr. Abraham Heitin expressed major concerns as he witnessed the violation of the restraining order within three different occasions during the last week and that he had been physically attacked by the two dogs. It was noted that one of the dogs was picked up by Ms. Malcolmson and was being held in a kennel. Mr. A. Heitin asked that she not release the dog. Ms. Malcolmson explained that the dog being held was the older and the less vicious of the two, and that she could not keep the dog after today’s date. She is ready to release the dog and reissue another restraining order for another 14 days. Mr. Puritz recommended that the Board take action that if the dogs are seen off the premises or receive any call that they are off the
premises, the dogs can be confined to the kennel.
VOTED: (Roach/Grasfield) Voted unanimously 2-0 (Heitin recused) that if these dogs are in violation of the restraining order (to be reissued tomorrow) that they be picked up and held until the hearing date.
Mr. A. Heitin stated that he was available on the continued date, briefly discussed attack (dogs biting on his boots) and emphasized that he was really concerned with the dogs not being in the pound.
Budget Review - Animal Control Officer
The Board reviewed the Preliminary FY’07 Budget for Animal Control Officer in the amounts of $54,097.00, level; $58,113.00, plus; and $51,393.00, minus.
Ms. Malcolmson discussed concerns as to decreases for expenses since 2000 and that she would be the “happiest” with the plus budget. She discussed the return of $1,300 to the Town in FY’05 representing savings due to time not used. Other items discussed including increased expenses for preventing overdue licensing of dogs with reduction in court cases.
Return to Dog Hearing - 5 Prince Way
The Board returned to the Dog Hearing as it was believed that the owner of the dogs was present.
Two women identified as the daughter and the sister of Ms. Rogers were present. Selectman Heitin recused himself from the hearing. The younger woman requested the return of her dog, stating that she was the owner.
Mr. Puritz stated that this is a case of mistaken identity and notified the attendees of the rescheduling of the hearing and that an official notice would be sent by Certified Mail so that all could be present. Ms. Malcolmson informed them that there would be another restraining interim order placed on the dogs and that they would need to remain on the property. She noted that she had seen them “jump the fence.” Selectman Roach advised the two women of the earlier vote of the Board that violation of the order will result in the dogs being picked up and held in the kennel.
Request for Waiver of Banner Fee
The Board reviewed a request from Jane Desberg, dated September 28, 2005, for a waiver of the banner fee for the Sharon Rotary/Lions Club banner hanging of October 17 - 24. Chair Grasfield offered to make this fee part of his donation to the fundraiser for the Red Cross Hurricane Relief.
Though the Board was willing to consider waiving the fee for this charitable event, it was the consensus of the Board to allow Chair Grasfield to pay the $25.00 hanging fee.
“Can Drive” – After Prom Party
The Board reviewed a request for a “Can Drive” from 9 a.m. to 12 p.m. on October 29, 2005 with an alternate date of November 5, 2005 for the Senior After Prom Party.
VOTED: (Heitin/Roach) Voted unanimously to allow a “Can Drive” for the benefit of the After Prom Party from 9 a.m. to 12 p.m. on October 29, 2005, with an alternate date for inclement weather from 9 a.m. to 12 p.m., on November 5, 2005 and that the Police Chief be made aware of the event.
Community Center Update
Mr. Puritz announced that the cost estimates would be reviewed at the meeting of the Finance Committee of Monday, October 17 at 7:30 P.M., and that the Standing Building Committee would be holding a public hearing on the Fall Town Meeting Warrant Article for the Community Center Building at 7:00 P.M., October 18, at the Sharon High School Library. The Board will adjourn its meeting of October 18 early to attend this meeting.
Horizon for Youth Property/Other Pending Development Proposals
Selectman Heitin reported on the pending merger of Horizon for Youth and Goodwill Industries and the intent of Goodwill Industries to sell the Horizon for Youth property and use the profits to fund its camp in S. Athol, MA. Members of Planning Board, Conservation Commission, and Board of Appeals were also in attendance. Items discussed included:
review of map - 58 acres of land;
history of the camp to serve inner-city youth;
merger and transfer of assets in process with the Attorney General’s Office;
meeting with Goodwill President attended by Mr. Puritz and Selectman Heitin;
inquiries from developers;
Goodwill only met with one developer (Intoccia);
Board intends to work with Goodwill to limit impact of development;
disappointed that Horizons for Youth did not approach the Town first to discuss its financial difficulties;
working with State Senators Joyce, Timilty and Representative Kafka to place restrictions on sale of the property;
possibility of 23 - 24 buildable lots allowed within conventional subdivision rules;
estimated value of property is 6 - 8 million;
need to work with Planning Board and other boards/committees to present united front;
feedback from abutters;
conservation issues/interested in preserving as “open space” - Peg Arguimbau;
no deed restrictions found on this property, including 10 acres on the waterfront;
possibility of interest from another non-profit to use as School;
need for ruling as to Board members possible conflicts for voting on this issue;
desirability of land on lake front/other camp properties;
suggestion that Conservation Commission work with Board of Health; and,
look at vernal pools, layout of land/trails, etc.
Housing Production Plan
Gina Maniscalco, Planning Board Chair, discussed a need for the Board to take a vote under E0418, the State’s Housing Production Plan. Acceptance of this plan and the permitting of approximately 50 affordable units per year would keep the Town from being subject to 40b filings. The Board discussed the extent of affordability to place within the deed of affordable housing units.
MOTION: (Grasfield) adopt the affordable in perpetuity language.
DISCUSSION: (Heitin) questions the harm in approving less than perpetuity/allow for some flexibility. Chair Grasfield said the argument goes both way, but our expectations should be affordable in perpetuity, and that there is still flexibility within the ZBA.
VOTED: (Grasfield/Heitin) Voted unanimously to adopt the affordable in perpetuity language.
There was a continued discussion of the Housing Production Plan and the work that went into it by the Planning Board and the Sharon Housing Partnership.
The Board discussed other pending developments, the advantage of friendly 40bs or LIP developments to meet our affordable housing goals, outreach from developers, and the role of Zoning Board of Appeals. A letter from Simpson Housing, Boston, MA was discussed, identifying a site located on Route 1 and Old Post Road for an affordable housing project with mostly rental units (168 rental units/42 townhouses).
The Board discussed the need to hire a Planning Consultant for the Town using some funds from the Kendall Trust. Chair Grasfield suggested a reserve fund transfer for the purpose. Ms. Maniscalco agreed to lead the effort to get out an RFP, but recommended that the Town not deplete the Kendall Fund.
The Board discussed the EO418 broad perspective, including rezoning for commercial development. Gina outlined goals within (1) transportation and smart growth; (2) open space and natural resources (3) affordable housing and (4) economic development.
Jane Desberg, Sharon Housing Partnership, suggested setting up a trust fund that would be funded by developers of market rate units. She requested that the Board be proactive in getting something back from developers.
Selectman Roach suggested that the Town also consider hiring an Assistant Engineer to assist Peter O’Cain.
Chair Grasfield referenced the letter from Simpson Housing, dated September 26, 2005, requesting a meeting, to include the Zoning Board and DPW. He stated he would like to add Planning Board to the list and schedule as quickly as possible.
Ms. Maniscalco questioned why Peter O’Cain has not been given the title of Town Engineer. Mr. Puritz stated that this is within the realm of collective bargaining and noted his high quality of service and his professional engineering degree.
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Selectman Heitin stated that another meeting needs to be scheduled with Michael Intoccia with the other relevant Boards and Committees. Chair Grasfield stated that we should actively pursue this and that we should also look at all the parcels available for affordable housing. It was decided to revisit this issue at next week’s meeting. Chair Grasfield asked the ZBA to validate the Norwood Street project’s eligibility to file under Chapter 40B.
Ms. Maniscalco spoke about timing constraints within the Housing Production Plan. She volunteered to get together with Peter O’Cain, Assistant Town Engineer, and prepare a “crib sheet” listing all property owners and options.
Selectman Roach raised issues of access on the Guitierrez property on Route 1 as this was land previously looked at for commercial development. Mr. Puritz noted that 40b developments supersede zoning restrictions.
Review Selectmen’s Policies and Goals
This item was deferred until the next agenda.
Continued Discussion - Town Administrator’s Goals & Objectives/Performance Review
This item was deferred until the next agenda.
Other Business
Enforcement of Town Beach Regulations
Chair Grasfield noted opinion to the Board of Health from Richard A. Gelerman, Town Counsel, dated September 26, 2005 stating that, “ . . . Board of Selectmen as park commissioners for the Town may pursuant to their statutory authority under Massachusetts General Law Chapter 45, authorize the Police Department to enforce any Rules lawfully enacted by the Selectmen relative to the use and government of Town Beaches.” He suggested that Linda Rosen, Health Administrator, meet with the Police Chief as to who will act as enforcer.
Wilber School Redevelopment Committee
Chair Grasfield announced the meeting schedule as: October 11, Sharon Public Library;
October 17, 2005, Selectmen’s Room; and, October 24, Hearing Room, Lower Level.
Halloween Parade
Chair Grasfield announced the Halloween Parade to be held on Monday, October 31, with line up at 3:45 P.M. at the Wilber School.
County Taxes
Chair Grasfield noted correspondence from the County of Norfolk with the Town’s assessment of $115,325 as its portion of the County Tax.
Comcast
Chair Grasfield noted forms sent re October 1 filing date for Determining Costs and Permitted Rates as part of the rate adjustment process.
2005 Flu Clinics
Chair Grasfield announced the dates of November 1, 9 A.M. - 1 P.M., Temple Sinai for high-risk individuals and November 2, 6 P.M. - 8:30 P.M. general evening clinic, also at Temple Sinai.
Article in the Boston Herald
Chair Grasfield referenced an article in the Boston Herald, today’s date, with reference to Joseph S. Bernstein, Chief of Police, and noting that serious allegations were made against him.
Mr. Puritz disputed the fact that there were any allegations against the Police Chief pending a newspaper report.
Chair Grasfield noted that a complaint was received about an individual in the Police Department a few days ago, that Mr. Puritz’s response was to look at it seriously, and that we should apply the same standard here. He asked what the policies and procedures are to address an allegation of this type.
Mr. Puritz noted that this article noted action taken by the Boston Police Department against two individuals due to a complaint filed by Chief Bernstein, that no action is required by the Town of Sharon. He stated he would try to get additional background information. In answer to questions by Chair Grasfield, Mr. Puritz explained that the other matter was related to the Sharon Police Department.
Chair Grasfield asked if the allegations that appear in the newspaper were true, what would be the policies and procedures to find out more facts.
Selectman Roach made statements that Mr. Puritz has heard from the Boston Police and that he does not see the sense in pursuing this matter.
Mr. Puritz stated that the Board would consult with Labor Counsel if there were any pending charges, but there is simply an allegation or commentary in a newspaper article.
Selectman Heitin suggested that the Board find the facts from the Boston Police Commissioner and discuss this next week. Chair Grasfield asked that the particular policies and procedures that would be followed be provided.
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing items of real property acquisition, collective bargaining, personnel matter and pending litigation and at the conclusion thereof to adjourn for the evening.
The Board adjourned to Executive Session at 10:35 P.M.
Heitin, aye; Roach, aye; Grasfield, aye.
Oct.6 – Bill & David
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