November 7, 2006

The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices, with Chair William A. Heitin and Selectmen Walter Joe Roach and Richard A. Powell and Benjamin E. Puritz, Town Administrator.

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

Minutes

VOTED: (Roach/Powell) Voted unanimously to approve the Minutes of October 17, 2006, including Executive Session, as printed.

VOTED: (Roach/Powell) Voted unanimously to approve the Minutes of October 24, 2006, including Executive Session, as printed.

Budget Review - Sealer - Charles Healy

The Board reviewed the preliminary FY’08 Budget for the Sealer in the amounts of $4,250.00 Primary; $4,354.00 Plus; and $4,037.00 Minus. The Board asked questions as to the fees received for services. Mr. Healy will submit a comparison of fees in other Towns for next week’s agenda.

Interview for Appointment to WMAC

The Board interview David Hearne for a new appointment to the WMAC. Mr. Hearne had served for four years on FINCOM and has some engineering background.

Review Warrant Article - Financial Analyst - FINCOM

Mr. Miller did not appear for this appointment.

Review DPW Capital Projects - Eric Hooper, Superintendent of Public Works

Mr. Hooper was present to discuss his Memo, dated October 23, 2006 re FY’08 Capital Requests and presented related information including spreadsheets showing a 5-year summary of Capital Improvement Program FY’08 to FY’12.

The requests for the FY’08 year include $600,000 Roadway Improvements, $212,000 Equipment Replacement and $285,000 Infrastructure Repair - Manns Pond Dam. Items discussed included:

· Chapter 90's (gas tax) monies/cut backs;

· Roadway Improvements include part of Massapoag Avenue, Edge Hill; Tamarak Way;

Oak Hill Drive, Country Lane, Spruce Way, Hickory Way, Birch Wood, Kennedy Road and Manns Hill Road;

· Bay Road Improvements may be funded through the State TIP program;

· Sharon/Stoughton border meanders along Bay Rd;

· requests for large dump truck, small dump truck, and mowing arm attachment;

· large format plotter/scanner

· AutoCAD & ESRI GIS Licenses; and,

· Infrastructure Repair to Manns Pond Dam.

Winslow Road - Affordable Housing Project

Jane Desberg discussed the criteria for the SHP recommending the hiring of Mostue and Associates as the consultants for the Winslow Road Project. Consultants will be expected to create an initial financial model, to have meetings with Town Officials and neighbors, to hold public presentations, and to prepare the RFP for the development proposal of the 18-acre parcel.

VOTED: (Roach/Powell) Voted unanimously to engage Mostue and Associates, Somerville, MA, as consultants on the Wilber Road Project for a cost of $21,000 plus $1,000 for reimbursable expenses.

Review of the Selectmen Sponsored Warrant Articles &

The Board’s Position on the Fall Town Meeting Warrant Articles

It was the consensus of the Board to discuss it’s Fall Town Meeting Warrant Article at the same time as taking a negative/positive position on all the Fall Town Meeting Warrant Articles. The Board took positions as follows:

9. Petition Article - King Philip Estates - Eli Hauser

There was no discussion or position taken on this article.

10. Horizon for Youth Land Acquisition - School Committee & Board of Selectmen

The Board took a positive position on this article (3-0)

Brief review of negotiations and P&S Agreement to Purchase property for 4.85 million and recommendation of CPC to provide funding of 1.3 million toward the purchase.

11. Wilber School Lease

The Board took a positive position on this article (3-0)

Brief review of RFP Process by Wilber School Redevelopment Committee and proposal for 55-66 units of independent senior housing with affordable housing component. Ongoing negotiations with Frontier Enterprises. Vote will allow the Selectmen to enter into a lease for greater than 10 years, continue negotiations. Hope is to get builder to protect the building after abatement project.

12. Financial Analyst - Finance Committee

The Board took a negative position on this article (2-0 - Roach plans to take a position at Town Meeting)

Board discussed the projected costs of $80,000 - $100,000 (including benefits) for this position that would report to FINCOM. It was discussed that the Board intends to have its own article on the Annual Town Meeting for a new position of Finance Director that would report to the Town Administrator and the Board of Selectmen. Selectman Powell mentioned the need for a Town Planner. Selectman Roach intends to make his position known at the Fall Town Meeting.

13. Expenditure of CPC Funds - CPC Committee

The Board took a positive position on this article (3-0)

The Board briefly reviewed all the recommendations of the CPC Committee.

14. Third Soccer Field

The Board took a positive position on this article (3-0)

It was stated that the Board sponsored this article as it was too late to be placed on the warrant as a petition article. Selectman Powell discussed ongoing discussion re lease terms with neighbors and other boards/committees.

15. Soccer Field Lease

The Board took a positive position on this article (3-0)

Same as 6.

16. CSD Modifications - Planning Board

Two Members of the Board took no position and Selectman Roach took a negative position.

The Board discussed the intention of the Planning Board to handout a final version of this article at Fall Town Meeting and the difficulties in reviewing such changes to zoning at the last minute and would prefer postponement.

17. Lot Shape Factor, Frontage and Lot Width - Planning Board

The Board took a negative position on this article (3-0)

The Board felt there were unanswered questions re this change in zoning and would prefer it be delayed to Annual Town Meeting.

18. Typographical Changes - Planning Board

The Board took a positive position on this article (3-0)

This article did not make any substantive changes to zoning.

19. Street Acceptance - Planning Board

The Board took a positive position on this article (3-0)

Board discussed item on Supplemental Agenda, Memo from Peter O’Cain, dated November 3, 2006 with status of Aspen Road And Sumac Lane and recommendation that the Board support this article.

VOTED: (Heitin/Roach) Voted unanimously to approve the roadway acceptance of Aspen Road and Sumac Lane and to authorize Peter O’Cain, Assistant Town Engineer to work with the developers on the acceptance.

20. Zoning Board - Vote of Absent Member

The Board took a positive position on this article (3-0)

Board reviewed article that will allow for a member to miss one adjudicatory hearing after review of appropriate documents and tapes and filing of affidavit attesting thereto with Town Clerk, as amended by FINCOM.

21. Unemployment

The Board took no position on this article.

Article is not needed.

22. Stabilization Fund

The Board took a positive position on this article (3-0)

This will allow for a transfer of $100,000 from Free Case to the Reserve Fund.

23. Septic Loan Transfer- Town Treasurer

The Board took a positive position on this article (3-0)

This will allow for a transfer of $21,725 to pay debt service due to the Massachusetts Water Pollution Abatement Trust.

24. Chapter 90 -Board of Selectmen

The Board took a positive position on this article (3-0)

This will authorize the receipt of funds from the State for road improvements.

25. Wilber School Abatement costs - SBC

The Board took no position on this article.

This article is not necessary.

26. Cottage Street School Renovation - SBC

The Board took no position on this article.

This article is not necessary.

27. Prior Year Bills - ZBA

The Board took a positive position on this article (3-0)

This will authorize $2,887.50 to pay for unpaid legal bills of prior year by the ZBA. It was stated that FINCOM previously voted against it, but voted in favor of it last evening.

28. Home Rule Petition for Affordable Housing - SHP

The Board took a positive position on this article (3-0)

This article will increase the amount of allowable equity in their principal residence to $400,000 for seniors qualifying for affordable housing.

29. Intermunicipal Aid Agreement for Public Health Services - Board of Health

The Board took a positive position on this article (3-0)

It was stated this is similar to the Agreement that the Fire Department has for mutual aid from surrounding towns.

30. School Insurance Appropriation - School Department

The Board took a positive position on this article (3-0)

This will allow for the School Department to use funds from any insurance settlement due to the fire at the Middle School.

Recess

VOTED: (Heitin/Roach) Voted unanimously that the Board recess the meeting to participate in the Pre-Town meeting and to reconvene in Open Session at the conclusion thereof.

The Board recessed at 9:05 P.M.

The Board reconvened at 10:25 P.M.

Reappointments/Appointments to WMAC

Action on this item was deferred.

Accept Conservation Restriction - 254 Lakeview Street

Board reviewed Memo from the Conservation Commission, dated November 7, 2006, requesting that the Board accept this Conservation Restriction that will protect wetlands and buffer to the rear of 250 Lakeview Street.

VOTED: (Roach/Powell) Voted unanimously to accept the Conservation Restriction from Wayne Godlin for a portion of his lot located at 250 Lakeview Street.

Request for Banner

VOTED: (Roach/Powell) Voted unanimously to approve a banner for Sharon Youth Lacrosse for the period of December 4 - December 10, 2006.

Horizon for Youth Parcel - Uniqueness Determination

Selectman Powell read the following:

The Town of Sharon wishes to purchase from HFY LLC, the properties known as 161 Lakeview Street and 229 Lakeview Street consisting of 46.07 acres and 10.00 acres respectively. Said parcels are now or formerly owned by Horizons for Youth and were created from a plan on record at the Norfolk County Registry of Deeds as Plan 114 of 1992, and are further described as Parcel B consisting of 46.7 acres and described as “Remaining land of Horizon for Youth” and as Parcel C consisting of 10.0 acres and described as “Other land of Horizon for Youth” on a plan entitled “A preliminary subdivision plan in Sharon, Mass dated July 1, 1988, owner Horizons for Youth, Norwood Engineering Company Inc.”

Pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16, the Town of Sharon must solicit proposals prior to purchasing 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 parcels enjoy a unique location in that they are contiguous to existing Town of Sharon Conservation Land as well as an extensive hiking trail network running from Lake Massapoag. The parcels are also contiguous to hundreds of acres of protected conservation and other open space.

2. The parcels are among one the few remaining undeveloped parcels of land in Lake Massapoag Watershed.

3. The parcels are presently used for recreational purposes and the purchase of the property will enable the Town to increase the amount of park and recreation land available for public use.

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.

VOTED: (Roach/Powell) Voted unanimously to make the declarations as to Uniqueness Determination for the Horizon for Youth Parcels as read by Selectman Powell.

Horizon for Youth Property - Appraisal

The Board discussed the appraisal of three parcels of land within the Horizon for Youth Property on Lakeview Street as submitted by Joel H. Tran of Summit Appraisal Services. This will be further broken up into 4 parcels with the assistance of 1.2 million from the CPC Committee toward the acquisition of this parcel. It is written as follows:

· 4.6 acres of lakefront land.............................. $1,100,000

· .25 acres of lakefront conversation land.... $ 125,000

· 4.6 acres of rear acreage............................. $ 70,000

George Bailey and Corey Snow were present on behalf of the CPC Committee: Items discussed included:

· parcels to be declared as “open space;”

· dedicated recreation and conservation land;

· 100-foot buffers;

· GIS will be changing the map;

· “open space” has very broad definitions;

· open questions for DOR re rehabilitation and restoration with CPC funds;

· no time before Fall Town Meeting to finalize plans for the property;

· Master Plan will be developed subsequent to Town Meeting; and,

· conditions and uses of buildings on property.

Award Contract - Well #2 - Nitrate Evaluation

The Board reviewed and discussed Memo from Eric Hooper, Superintendent of Public Works, dated November 2, 2006. The Water Department requested that Woodard & Curran Engineers submit a proposal to provide required engineering services to evaluate the increasing nitrate concentration at Well #2. It was recommended that the Board authorize the Town Administrator to sign the contract in the amount of $30,400 with Woodard & Curran, Dedham, MA.

Selectman Powell raised questions as to discussions with the WMAC committee and whether or not they had taken a vote. It was the consensus of the Board to hold this item for one week.

The Board plans to meet at 6 P.M. November 13, 2006 within the High School Auditorium before Town Meeting.

Request of the Library Trustees to Change Sector

The Board discussed Letter from Jacqueline L. Modiste, Chairperson of the Board of Trustees, dated October 29, 2006 informing the Board of its vote in favor of relocating from the Finance Committee Sector to the Selectmen’s Sector. It was stated that there was precedent for this relocation set by the Lake Management Committee’s relocating from the Selectmen’s Sector to FINCOM. This will be discussed within Priorities Committee and subsequently at the November 21, 2006 Selectmen’s meeting.

Executive Session

VOTED: (Roach/Powell) Voted unanimously to enter into Executive Session for the purpose of discussing items of Personnel Matter, Real Property Acquisition, Pending Litigation, Collective Bargaining, and, at the conclusion thereof, to adjourn for the evening.

Roach, aye; Powell, aye; Heitin, aye.

The Board recessed to Executive Session at 10:55 P.M.

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