April 4, 2006
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Chair David I. Grasfield, Selectmen William A. Heitin and Walter Joe Roach and Benjamin E. Puritz, Town Administrator.
The meeting was called to order at 7:35 P.M.
Unsung Heroine Award
Lillian Savage was present, along with members of the Council on Aging Board and Friends of Council on Aging, to congratulate her on being honored as an Unsung Heroine by the Massachusetts Commission on the Status of Women. The Board presented Ms. Savage with a Citizenship Award for her unfailing willingness to regularly go above and beyond for others and to congratulate her on the Unsung Heroine Award.
Goals & Objectives - Norma Fitzgerald - Council on Aging
Council on Aging Director Norma Fitzgerald was present to discuss her goals and objectives. Items discussed included:
develop intergenerational programs;
temporary relocation of Council on Aging Offices;
continue work on Community Center project;
fundraising/grant applications;
budgetary concerns;
transportation issues;
programs/new activity coordinator;
programs to maintain wellness;
public relations/update newsletter - Sundial;
continue advocacy work on behalf of elders;
warrant articles on Property Tax Deferral;
current role as Member-at-Large, MCOA Executive Board;
outreach programs/efforts; and,
services for under sixty population in need.
The Board thanked Ms. Fitzgerald for doing a great job. Chair Grasfield noted that Ms. Fitzgerald has received State recognition for the work that she has done as well as her appointment to the State Executive Board for the Massachusetts Council on Aging.
Approve Minutes
VOTED: (Heitin/Roach) Voted (2-0 Grasfield abstained) to approve the Minutes of March 28, including Executive Session, as written.
Action Items
An earlier version of Action Items was erroneously placed on the Agenda. Previously requested changes were not shown.
Annual Town Meeting Warrant
VOTED: (Heitin/Roach) Voted unanimously to open the Warrant for the Annual Town Meeting.
The Board discussed changing the sponsor of Article 18 to the School Committee and Conservation Commission.
VOTED: (Heitin/Roach) Voted unanimously to amend Article 18, as revised:
ARTICLE 18
To see if the Town will vote to raise and appropriate a sum of money so that the Town may acquire by gift, purchase or eminent domain, under Mass. General Laws, Chapter 79 and/or Chapter 80A as such eminent domain procedure shall be determined by the Board of Selectmen in the name of the Town for municipal purposes, including, without limitation, school purposes and/or conservation purposes, the fee in the following parcels of land or portions thereof:
The properties known as 161 Lakeview Street and as 229 Lakeview Street consisting of 46.7 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 Horizons for Youth” and as Parcel “C” consisting of 10.0 acres and described as “Other land of Horizons for Youth” on a plan entitled “A preliminary subdivision plan in Sharon, Mass., dated July1, 1988, owner Horizons for Youth, Norwood Engineering Company, Inc., or as the same may be more particularly described. A copy of the above
referenced plan is on file with the Town Clerk.
And further, to determine whether this appropriation shall be raised by borrowing or otherwise and to authorize the Board of Selectmen to enter into such agreements and execute such documents as may be necessary to accomplish the foregoing.
And further, to determine whether this appropriation shall take effect only if the Town votes and an election held in accordance with G. L. c. 59, § 21C(m) to exempt the debt incurred herein from the provisions of Proposition 2 ½ .
Or to take any other action relative thereto.
SCHOOL COMMITTEE AND CONSERVATION COMMISSION
VOTED: (Heitin/Roach) Voted unanimously to close the Warrant for the Annual Town Meeting.
VOTED: (Heitin/Roach) Voted unanimously to sign the Warrant for the Annual Town Meeting.
Mansfield Street Water Main Replacement
Mr. Puritz discussed Memo from Eric Hooper, Superintendent of Public Works, dated March 29, 2006 for contract recommendation for engineering services for Mansfield Street Water Main Replacement. A proposal was requested from Amory Engineers and was attached to the Memo, dated February 2006. The Board reviewed the Scope of Services including, Survey, Design Services, Construction Services, Resident Inspection and Record Drawings.
In answer to questions raised by Chair Grasfield as to why Amory Engineers was chosen to submit this proposal, Mr. Puritz stated that they had provided superior engineering services on recent contracts and that they had been involved in water main upgrades on Mansfield Street.
VOTED: (Heitin/Roach) Voted unanimously to award a contract for engineering services for lead service installation to Amory Engineers, Duxbury, MA, in the amount of $45,500.
Selectmen’s Policy on Outside Consultants
The Board reviewed a copy of a new Selectmen’s Policy as drafted by Town Counsel’s Office. Mr. Puritz explained that this would be Policy #20 and would be to establish criteria regarding the hiring of outside consultants to provide assistance when required to review permits, as the Special Permitting Authority, under Mass General Laws, Chapter 40, Chapter 40A, Chapter 40B, and Chapter 41. He stated that it parallels similar policies adopted by the Zoning Board of Appeals and Planning Board, and would allow the Town to engage outside expertise and shift the burden of the costs onto the applicant or proponent. Mr. Puritz noted that time is of the essence in adopting this policy and that the Board can waive its policy in the best interest of the Town.
VOTED: (Heitin/Roach) Voted unanimously to adopt Policy Number 20, Employment of Outside Consultants, as written, and copied below:
Policy Number XX
EMPLOYMENT OF OUTSIDE CONSULTANTS
XV. PURPOSE
To establish criteria regarding the hiring of outside consultants to provide assistance advice and/or expertise to the Board of Selectmen whenever the Board is required to review, approve or otherwise consider permits, licenses, or other approvals sought by individuals or entities under Massachusetts General Laws, Chapter 40, Section 8C, Chapter 40A, Sections 9 or 12, Chapter 40B, Section 21, Chapter 41, Section 81Q or Chapter 111, Section 31.
XVI. STATUTORY BACKGROUND
Massachusetts General Laws, Chapter 44, Section 53G, provides the statutory requirements for the employment of outside consultants.
XVII. GENERAL PRINCIPALS
If, after receiving a request to review, approve or otherwise consider permits, licenses, or other approvals sought by individuals or entities under Massachusetts General Laws, Chapter 40, Section 8C, Chapter 40A, Sections 9 or 12, Chapter 40B, Section 21, Chapter 41, Section 81Q or Chapter 111, Section 31, the Board of Selectmen determines that it requires technical advice unavailable from municipal employees, it may employ outside consultants. Whenever possible the Board shall work cooperatively with the applicant to identify appropriate consultants and to negotiate payment of part or all of consultant fees by the applicant. Alternatively, the Board may, by majority vote, require that the applicant pay a reasonable review fee for the employment of outside consultants chosen by the Board alone. In
imposing any review fee the Board shall comply with the Uniform Procurement Act, Massachusetts General Laws, Chapter 30B.
The minimum qualifications for any outside consultant retained by the Board shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field.
Prior to paying the review fee, the applicant may appeal the selection of the consultant to Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications.
Each review fee shall be deposited in a special account established by the Town Treasurer pursuant to Massachusetts General Laws, Chapter 44, Section 53G. Funds from the special account may be expended only for the purposes described in Sections I and III above, and in compliance with Massachusetts General Laws, Chapter 30B and Chapter 44, Section 53G. Any excess amounts in the account attributable to a specific applicant shall be paid to said applicant or its successor in interest, including accrued interest. The applicant or its successor in interest shall also receive a final report of the funds in the special account.
The Town Accountant shall annually submit a report of the special account to the Board. This report shall also be published in the Town’s Annual Report.
Appointment to Economic Development & Commercialization Committee
Selectman Heitin updated the Board on the first meeting of the Economic Development & Commercialization Committee, including appointment of a subcommittee. He stated that Mr. Ly, a graduate student in public administration, was present last evening and expressed an interest in getting involved.
VOTED: (Heitin/Roach) Voted unanimously to appoint Tam Ly to the Economic Development & Commercialization Committee.
Gadgets Collection - Alice Cheyer - some fees will apply
Ms. Cheyer was present as she stated she felt obligated to publicly announce a change in the Gadgets Collection to be held in connection with the Household Hazardous Waste Day on June 7. She stated that all kinds of gadgets will be accepted by the Department of Public Works on this Day, but that the usual fees will be collected on “toxic gadgets” only. Toxic gadgets include TV monitors, computer monitors and air conditioners. All other electronic gadgets will be free.
Mr. Cheyer said she would prefer that all gadgets would be free as it was two years ago.
Fire Department - Recent Incidents
The Board reviewed Memo from Chief Mann, dated March 31, 2006, outlining several incidents where the Fire Department responded in Town and then had simultaneous calls. Mutual Aid was provided by the Towns of Walpole, Foxboro, Norwood, Stoughton and Canton. He requested that the Town should consider assessing the Fire Department in the event that the mutual aid is not available. Selectman Roach directed that letters of appreciation be sent to the Fire Departments and Boards of Selectmen of those Towns that provided Mutual Aid. Chair Grasfield suggested that a presentation for additional Firefighters be made at Town Meeting.
Thank You Letter - Chair Grasfield
Chair Grasfield announced that he has submitted a Thank You Letter to the People of Sharon to the website Sharonupdate.com.
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.
Roach, aye; Heitin, aye; Grasfield, aye.
The Board recessed to Executive Session at 8:35 P.M.
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