April 25, 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 8:05 P.M.
Approve Minutes
The Minutes of April 11 and the Executive Session Minutes of April 4 were held until the next meeting.
Release Redacted Executive Session Minutes
VOTED: (Heitin/Roach) Voted unanimously to release the redacted Executive Session Minutes for the years 1990 - 1995.
Conservation Commission
The Board interviewed Noah S. Siegel for a position on the Conservation Commission. Dr. Siegel has lived in Town for three years and spoke about his interest in conservation and environmental issues. Dr. Siegel stated he would be interested in appointment to others Boards or Committees if not appointed to the Conservation Commission. Chair Grasfield thought that the Board of Health would benefit greatly from the appointment of a physician.
The Board interviewed Christine Turnbull for a position on the Conservation Commission. Ms. Turnball is currently the Director at the Moose Hill Wildlife Sanctuary and has been active in the environmental field for many years.
Avalon Bay
Richard A. Gelerman, Town Counsel, was presented and suggested that the Board adjourn to Executive Session to review the terms of the agreement with Avalon Bay.
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session to review the terms of the Agreement with Avalon Bay and then return to Open Session.
The Board entered into Executive Session at 8:15 P.M.
The Board reconvened in Open Session at 8:30 P.M.
Avalon Bay - LIP Application
Liz Smith, Scott Dale and Attorney Steve Schwarz were present on behalf of Avalon Bay. Several members of the Avalon Bay Citizen’s Advisory Committee were also present. Items discussed included:
project is now for 156 rental apartments;
overview of Avalon Bay Real Estate Company and other development projects;
changes made per input from Citizen’s Advisory Committee:
mix of 64 one-bedroom units and 92 two-bedroom units;
25% affordable units;
local preference of 70% for Town of Sharon;
waiting for feedback re sewer hook-up through Town of Norwood/MWRA;
upgrade of water main on Norwood Street;
funding toward signalization/ intersection project;
sidewalks along Edge Hill/Norwood/Tiot;
questions re increased traffic;
chapter 90 monies to be freed up from intersection project;
Memorandum of Understanding (MOU)/Attorney Gelerman working with Goulston & Storrs;
input from Jane Desberg, Sharon Housing Partnership;
input from Peter O’Cain, Assistant Town Engineer;
affordability requirements (lower than 80% of the medium income);
40B permitting through the Zoning Board of Appeals;
changes may be made through the comprehensive permit;
agreed to mitigation/sewer costs up to $3,250,000;
agreed to up to $400,000 for water main upgrade;
agreed to up to $400,000 for intersection/signalization;
agreed to up to $400,000 for sidewalk on Edgehill Road;
Town agreed to charge only one $4,000 water meter fee;
landscaping/fencing/buffering;
adoption of a Transportation Demand Management Plan;
agrees to 70% local preference;
apartmentsto remain affordable in perpetuity;
if project does not proceed to construction, Avalon Bay will not be bound by commitments and mitigation measures set forth in the MOU;
monitoring of the project;
construction of water infra-structure;
questions re endorsement;
questions re MOU;
abutters would like to examine MOU;
responsibility of the Zoning Board;
concerns re access on Edge Hill Road;
concerns re future development;
notification re ZBA hearings;
Town’s capacity to supply water to project;
water conservation measures to be put in place; and,
limit sewer tie-in for other development.
MOTION:
MOTION TO AMEND (Grasfield)
VOTED: (Heitin/Roach) Voted unanimously that this Board distribute the remaining documents as requested by the abutters and to sign the Memorandum of Understanding on or before May 2, 2006.
The Board will post possible meetings at the Sharon High School before Town Meeting on Monday and Tuesday.
Warrant Article - Additional Funds for Community Center Building
Members of the Standing Building Committee were present to discuss seeking additional funds for the Community Center Building. Gordon Gladstone led the discussion that included:
bids were open and the low bid is $1,384,000 above estimated construction costs and approved by Town Meeting in January;
looked at options;
delay would add inflationary costs of $45,000 - $60,000 per month;
building does not lend itself to a great deal of scope change;
costs of going out to rebid;
unanimous decision of committee to ask for additional funds;
impact of increased commodity costs/two subcontractors withdrew bids;
soft costs should remain stable;
low bidder to hold price 30 days; and,
question if another ballot vote required.
Recess
It was the consensus of the Board to take a brief recess.
The Board recessed at 9:50 P.M.
The Board reconvened at 9:55 P.M.
Action Items
No discussion on Action Items.
Continued Positions on Town Meeting Warrant Articles
Article 20 - Community Center Reconstruction
The Board plans to meet on Monday night before Annual Town Meeting to take a position on Article 20 after meeting with Capital Outlay Committee on Thursday.
Article 5 - Budgets
The Board discussed the various budget options, but did not take a position, waiting for further budget information from the state. Finance Committee put an Option B budget on the printed warrant that would put a cap on salaries.
Mr. Puritz discussed special meeting with FINCOM on Friday where this will be discussed.
Dr. Diane English Day
Chair Grasfield read a proclamation in honor of Dr. Diane English, a resident of Sharon since 1978, for her work as an orthopedic surgeon and proclaiming May 1, 2006 as Dr. Diane English Day.
Appointment to Regional Emergency Planning Committee (REPC)
VOTED: (Heitin/Roach) Voted unanimously to appoint Peter Bickoff, 911 Coordinator/LEPC Member as the Town’s designated municipal representative to the REPC.
Outdoor Watering Restrictions
The Board reviewed Memorandum from Eric Hooper, Superintendent of Public Works, dated April 12, 2006 proposing that the Board adopt the same Watering Restrictions as last summer.
VOTED: (Heitin/Roach) Voted unanimously to continue the two-hour period for outdoor water use from 6 - 8 p.m. two days per week (Monday/Wednesday or Tuesday/Thursday depending on address), effective May 1, 2006.
Horizon for Youth Lease - Uniqueness Determination Vote
The Board reviewed the language of vote as drafted by Town Counsel. The Rule of Necessity was discussed with both Chair Grasfield and Selectman Roach having previously recused themselves from discussions re this property, Chair Grasfield due to sibling living nearby and Selectman Roach due to his home on Lakeview Street. This vote is required and limited to the lease for the use of one building on the Horizon for Youth property as it is estimated that the rent will exceed $25,000 for a two-year period.
VOTED: (Heitin/Roach) Voted unanimously to accept the Horizon for Youth Uniqueness Determination vote as written by Town Counsel:
Horizons for Youth Lease Uniqueness Determination Vote
The Town of Sharon wishes to enter into a lease agreement with HFY LLC for the land, together with the building thereon (known as the Administration building), consisting of approximately 2,000 square feet being a portion of the premises known as 121 Lakeview Street in Sharon. The Town wishes to lease said property for use as office by those Town Departments that will be displaced from the Sharon Community Center during the reconstruction of said structure.
Pursuant to the provisions of Massachusetts General Laws Chapter 30B, Section 16, the Town of Sharon must solicit proposals prior to leasing 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 leased:
The 121 Lakeview Street parcel enjoys a unique location in Sharon in that it is in the immediate vicinity of the existing Community Center and has a beachfront and docks which are located on Lake Massapoag.
Because the parcel contains beachfront access and docks located on the Lake Massapoag, the leasing of the property will enable the Town to continue those water related recreation programs and activities that would otherwise have to be canceled due to the closing of the Community Center property during said building’s reconstruction.
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 lease price in the Massachusetts Central Register not less than thirty (30) days before the Town of Sharon executes a binding agreement to lease the property.
Pursuant to this determination, the Board of Selectmen further votes to authorize the Town Counsel to negotiate and prepare for review approval and execution by the Board a lease agreement by and between the Town, and HFY LLC for the land, together with the building thereon (known as the Administration building), consisting of approximately 2,000 square feet of the premises known as 121 Lakeview Street in Sharon
Lilac Blossom - Request to Pro-Rate Liquor License Fee
VOTED: (Heitin/Roach) Voted unanimously to grant the request to Pro-Rate the Annual Liquor License Fee for Lilac Blossom Restaurant in the amount of $1,334.00 for the current year.
Avalon Bay - Sharon Housing Partnership
The Board reviewed correspondence from Jane Desberg, Director, Sharon Housing Partnership, listing recommended qualifications for local preference categories. Chair Grasfield recommended that local preference be targeted to first responders.
Sharon Historical Commission - Wilber Building Demolition - Legal Opinion
The Board reviewed correspondence from Robert S. Young, dated April 22, 2006 stating, “there are a couple of points that were in error in his letter which a copy of this letter will address to his office.” Chair Grasfield recommended that this letter be posted for folks to see.
Wilber School Redevelopment Committee
Selectman Heitin updated the Board with the proposed RFP to be issued by the Wilber School Redevelopment Committee to see if there are other options available for use of this building.
The Board announced upcoming meetings for the Historical Commission and the Community Preservation Act Committee, where the Wilber School RFP will be discussed. Chair Grasfield announced the schedule of Pre-Town Meeting, Candidate’s Night, FINCOM, and the Selectmen (scheduled for 6:00 P.M. on the High School Stage prior to Town Meeting).
Appointment to Special Police
VOTED: (Heitin/Roach) Voted unanimously, on the behest of Chief Bernstein, that Brian Mannetta be appointed as a Special Police Officer.
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing items of Real Property Acquisition, Collective Bargaining,, 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 10:15 P.M.
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