August 1, 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, Selectmen Walter Joe Roach and Richard A. Powell.
The meeting was called to order at 7:30 p.m.
Disability Snow Plowing Program
The Board reviewed the Disability Snow Plowing Program jointly submitted by the Sharon Commission on Disability and the Sharon Council on Aging.
Sidney Rosenthal, Chair of the Commission on Disability informed the Board of the services this program would provide. With the cooperation of the Department of Public Works, we will be able to remove the residue left by snowplows at the end of driveways after streets have been plowed. This service will be available only to those physically disabled residents who do not have any other means to remove the snow. A snowflake decal on the resident’s mailbox to indicate which house is participating in the program. Mr. Rosenthal also stated that “A letter from a physician certifying a physical disability that prevents shoveling is a necessary part of this application.”
Dog Hearing - Rogers - 5 Prince Way
In accordance with Massachusetts General Laws, Selectman Roach swore in all those that anticipated speaking on the scheduled Dog Hearings.
A Dog Hearing was held under Massachusetts General Laws, Chapter 140, Section 157 as a result of a notarized complaint by Abraham Heitin concerning six dogs that are currently at 5 Prince Way which are frequently loose and wandering around the neighborhood causing a threat to adults and small children.
Chair William A. Heitin recused himself from the hearing and left the room. Mr. Abraham Heitin of 1 Prince Way was present to testify at the hearing as requested by him in accordance with Massachusetts General Laws, Chapter 140, Section 157, re 6 dogs owned by Joanne Rogers at 5 Prince Way. Ms. Joanne Rogers of 5 Prince Way was not in attendance for the hearing. Mr. Heitin and several of his neighbors were in attendance to testify in re the six dogs.
Mr. Heitin stated that “these dogs are frequently loose and wandering around in the neighborhood causing a threat to adults and small children. This has been an ongoing problem for three years and seems to be an impossible situation.” Mr. Heitin stated that “at least two of the dogs have been jumping over the Rogers’ four-foot fence coming at me as I work in my garden and chewing at my boots.”
Mr. Heitin further stated that “the Board of Selectmen previously ordered the dogs out of Sharon, but only to come back again. Diane Malcolmson, Animal Control Officer picked up one of the dogs which was loose and was placed in a kennel. The second dog was still at 5 Prince Way. On Sundays in the a.m. at least three to four dogs start barking at 4:45 a.m. for an uninterrupted period of time. I have counted up to six dogs living at 5 Prince Way. I do not feel that I have to look over my shoulder all the time and be afraid of being molested by these dogs. Because I came to complain, there has been a car that ran over my mailbox post and trash was thrown all over my lawn. I have spoken to Chief of Police, Joseph Bernstein re the aforementioned. Now that I have described
the situation, I recommend that the six dogs be ordered out of Town.”
Mr. Matthew Baker of 29 Castle Drive came before the Board to give his testimony of the Rogers’ dogs. Mr. Baker stated that “in November 2005 the dogs chased my parents into my garage. On another occasion my son and dad were hitting golf balls and the dogs charged towards them and my day had to use the golf club to ward them away. My son and dad ran to the front door to get away from the dogs, but the dogs continued to chase them to the front door scratching the door to get in. We are unable to let our young children go in the backyard and play. Another incident took place on Easter Sunday with family, friends and ten children. My company was out in the backyard having a good time, when all of a sudden the dogs again came chasing everyone onto the porch area of my home.
I perceive these dogs as a threat to our neighborhood. The dogs have to cross the street to get on to my property.”
Mrs. Beth Rapaport of 27 Castle Drive also came before the Board to give her testimony on the Rogers’ dogs. Mrs. Rapaport stated that “her house is diagonally across from the Heitin’s and the dogs go to Castle Drive first then to the Heitin’s. The first incident happened when my husband and son were playing basketball at the court at the end of Prince Way. The dogs came out and chased my husband and son back to the house. I was driving home from picking up the children, six and eight years of age, from an activity and was going into my driveway when I saw Abe Heitin outside being harassed by the dogs. I drove to him and said “Abe get into the car” . The dogs surrounded the car for about an hour and fifteen minutes. The Police came
and also the Animal Control Officer. I have personally witnessed three new dogs, two are puppies and one doberman pinscher, and I have taken pictures of them in my backyard. I literally have to drive my car to the mailbox. “I just want to enjoy my backyard and have this problem go away” commented Mrs. Rapaport.”
Diane Malcolmson, Animal Control Officer, also came before the Board to testify in re the dogs at 5 Prince Way. Ms. Malcolmson stated that “Patrolman Greenfield witnessed two dogs loose on Prince Way. Tanya Lambert was and claimed ownership to both dogs. Two citations for violation of the leash law were issued by the Animal Control Department for these violations. Ms. Rogers, owner of the house, has claimed that she has moved out of the house. Tanya Lambert, now eighteen, resides at 5 Prince Way also has a six-month old puppy. Suzette Fell has also moved in with a large black shepherd dog. And a third person has moved in with a six-month old puppy for three weeks. There are three licensed dogs recorded at the Sharon Town Hall by three different people.
Two of the puppies are offsprings from the two dogs that were
sent out of Town. On July 31, 2006 one of the dogs was released to Virginia Brennen of Pembroke for $1,750 from the Town of Canton.
On July 8, 2006 the Animal Control Officer’s Assistant picked up a back German Shepherd believed to live at 5 Prince Way and brought to the shelter. Suzette Fell owed licensing fees, late fees and a citation. The dog was bailed out on July 14, 2006.”
Ms. Malcolmson feels that these dog owners are not responsible dogs owners. They are disrespectful to neighbors, police, myself and to the Board of Selectmen and they have a total disregard for the law.
VOTED: (Roach/Powell) Voted 2-0 to have the three licensed dogs at 5 Prince Way removed from the Town of Sharon and are not to return and direct Town Counsel to formalize this vote in a letter.
The Hearing was declared closed at 8:30 p.m.
Recess
The Board took a brief recess at 8:30 p.m.
The Board reconvened at 8:36 p.m.
Interview for Reappointment to the Historical Commission
The Board interviewed Brent Gundlah for reappointment to the Historical Commission. Mr. Gundlah is restoring his own historical home and has been very involved with the Wilber School.
Interview for Reappointment to the Housing Partnership and Development and Industrial Committee
Mr. Alan Lury was unable to meet with the Board for reappointment to the Housing Partnership and Development and Industrial Committee. Mr. Lury will be rescheduled at a later date.
Interview for Reappointment to the Community Preservation Act Committee
Janet Sargent-Tracy was unable to make the interview for reappointment to the Community Preservation Act Committee. Ms. Sargent-Tracy will be rescheduled to meet with the Board at a later date.
Interview for Reappointment to the Historical Commission
The Board interviewed Shirley Schofield for reappointment to the Historical Commission. Ms. Schofield stated “the Senior member of the Commission, both in years and age and I have a great interest in the Town. Our Commission has projects we are working on and I would like to remain on the Commission to follow-thru on these various projects.”
Interview for Reappointment to the Energy Advisory Committee Economic Development & Commercialization Committee
The Board interviewed Arnold Wallenstein for both and Interview for Reappointment to the Energy Advisory Committee Economic Development & Commercialization Committee. Mr. Wallenstein has been a resident of Sharon for thirty years and has been on many various boards and committees of the Town. He has extensive experience in both energy development and commercialization of business projects. Mr. Wallenstein is familiar with the business, financial, political and legal aspects and challenges of bringing new businesses to the Town of Sharon.
Public Safety Concerns - Wayne Godlin
Selectman Roach met with the Town Engineer and Police Chief in re the Chabad Center. They will be meeting with Wayne Godlin in the middle of next week.
Interview for Reappointment to the Recreation Advisory Committee
The Board interviewed Steve Lesco for reappointment to the Recreation Advisory Committee. Mr. Lesco would very much like to be considered for another 3-year term to the Recreation Advisory Committee to keep the flow of the department going as the end of the Dave Clifton era comes to a close and for the Community Center Project.
Interview for Reappointment as Civil Defense Director
The Board interviewed Michael Polimer for reappointment as Civil Defense Director. Mr. Polimer has been Civil Defense Director for four years and has been involved in this area since the 1960's. He stated the Civil Defense group provided lighting and electricity for the Wilber School walkthrough recently conducted.
Continued Dog Hearing - Bowen - 347 So. Main Street
The Hearing was open as continued from May 9, 2006.
The Board heard from Diane Malcolmson, Animal Control Officer, stated that as of today (August 1, 2006) I was at the Bowen’s home and the fence is going up straight back and filling in the opening where Missy would at various times trespasses onto Michael Parilla’s property. The Animal Control Officer believes this to be a remedy to the problem.
Mr. Parilla provided photos showing the gap where the Missy had frequently trespassed onto Parilla’s lawn.
Mr. Bowen said he will fix the gap any part of the fence.
VOTED: (Powell/Roach) Voted unanimously to close the Dog Hearing subject to the Animal Control Officer’s final inspection of the fence.
Dog Hearing - 25 Ames Court - Colaiacomo
Animal Control Officer, Diane Malcolmson was present to testify at the hearing as requested by her in accordance with Massachusetts General Laws, Chapter 140, Section 157, stating that a dog (Charlie) owned by you (Gail Colaiacomo) and kept at your home at 25 Ames Court is a nuisance by reasons of a vicious disposition and your continued violation of a ban from the Sharon Dog Park. Ms. Malcolmson also stated the following:
first incident reported was in 2004 of a resident (Mr. Ron Truxton) being bit while riding his bicycle on Pleasant Street;
continuous loud barking;
dog (Charlie) has been seen on beach;
in 2006 on Harold Street at 7:45 p.m. dog was off lease and growling at a resident;
July 4, 2006 at the Sharon High School property, another resident being bit by Charlie;
dog park behavior at the dog park;
trespassing at the dog park after being banned;
Ms. Malcolmson also stated that Ms. Colaiacomo never responded to various attempts by the Animal Control Officer to contact her concerning the dog ban and the vicious behavior of her dog. Ms. Malcolmson also sent the letter banning Gail from the park by certified mail which was refused so it was hand delivered, as well and sent through regular mail.
Mrs. Toby Raich came before the Board to testify at the hearing in re her fifteen-year-old son, as follows:
“my son was coming back from the tennis courts on his bike when a dog (Charlie) bit him on his leg;
person walking the dog (Ms. Colaiacomo’s daughter) didn’t comment on the incident;
my son showed me the dog bite;
went looking for the dog to see if it had its rabies shots;
could not locate owner of dog;
brought son to hospital to begin a series of rabies shots;
found collie (Charlie) and owner said he had his rabies shots, but that there was another dog that looks like her dog;
now resident looking for another dog, which there isn’t one.”
Gail Colaiacomo stated that she was out of town when the above occurred.
Ms. Colaiacomo comments on the following:
do not know why Charlie is banned from the dog park;
had no opportunity to contest the ban;
feel like my dog is the victim of the aggression of other dogs
never was notified of a hearing;
never heard of a vote;
have never heard of the incident that occurred with Charlie;
Diane Malcolmson stated that a letter went out in October 2006 which was hand-delivered to Gail Colaiacomo, but was refused. In this letter was the following:
Charlie charging at the dog park fence;
behavior of dog at the dog park;
Animal Control Officer recommends that Charlie be muzzled once he is off the property of 25 Ames Court.
VOTED: (Roach/Powell) Voted unanimously that your dog (Charlie) must wear a muzzle at all times when off your property at 25 Ames Court.
Water Meter Bid - Eric Hooper, Superintendent of Public Works
By a unanimous vote, the Water Meter RFP - Technical Evaluation Subcommittee, which consists of Ed Connelly, Fred Clay, David Crosby-Chairman, Eric Hooper-Superintendent of Public Works and Paul Lauenstein-Walter Management Advisory Committee Designee, recommends that the Town of Sharon purchase and install the Badger Orion Automated Water Meter System proposed by the Stiles Company, Inc. Of Norwood, Mass. The Subcommittee further recommends that the Town purchase the system with the optional Integral Profiler transmitters and the Profiler Software.
David Crosby, Chairman of the Subcommittee, discussed the evaluation process stating the process was essentially broken down into three phases:
The first phase, the Subcommittee met to discuss the Town water system, the RFP and the evaluation process. Eric Hooper and David Masciarelli furnished the subcommittee with a basic understanding of the Town’s water service and associated equipment, how the Town currently measurer water consumption and reads the meters, and some of the challenges of the Water Department in collecting information to determine the overall consumption and losses including unaccounted for water and leaks in Town residences and business;
The second phase, we evaluated the proposals. The RFP required the venders to submit the pricing information. We evaluated the seven bids according to the Comparative Evaluation Criteria, 19 enumerated items of specific technical requirements that should be used to review and evaluate the proposals set out in the RFP, and narrowed it down to four. Each member of the Subcommittee independently reviewed each of the bids to determine a rating for each of the 19 items.
There were two fundamentally differently types of systems being bid: Fixed Network Systems and Drive-by Systems. In a Fixed Network System, each water meter transmits its reading to a number of stationary data collection units strategically located throughout the town. In a Drive-by System, a mobile data collection computer is installed in a town motor vehicle and by driving through town it collects the water meter readings from water meter transmitters.
After considering both systems, the Subcommittee revealed in favor of the Drive-by System plan.
Selectman Richard Powell made mention about how the project would be paid for. The Subcommittee assured his that the cost of changing the town water meters would not be reflected in an increase in water rate, and that the money for the project has already been allocated at a Town Meeting.
“This plan should really help us move to a quarterly billing system,” commented Selectman Walter “Joe” Roach.
Approve Minutes
VOTED: (Roach/Powell) Voted unanimously to approve the Minutes of June 27 and including Executive Session Minutes as printed.
VOTED: (Roach/Powell) Voted unanimously to approve the Minutes of July 5 and including Executive Session Minutes as printed.
VOTED: (Roach/Powell) Voted unanimously to approve the Minutes of July 11 and including Executive Session Minutes as printed.
Vote - Consultant fees - Brickstone
VOTED: (Powell/Roach) Voted unanimously for the establishment of consultant fees for Brickstone project. In accordance with the provisions of General Laws, Chapter 44, section 53G, the rules of this Board, and the terms of the representations made to this Board by or on behalf of Brickstone Sharon, LLC, (Brickstone), the Board votes to engage the services of Gelerman and Buschmann, P.C. to act as the legal consultant to the Board with regard to Brickstone’s proposed development on property on Mountain Street, commonly known at Rattlesnake Hill (the “project”).
The Board also votes in accordance with the provisions of General Laws, Chapter 44, section 53G, the rules of this Board, and the terms of the representations made to this Board by or on behalf of Brickstone to engage the services of a consultant to advise the Board on the fiscal and related impacts of the proposed project, the cost of such services to be paid by Brickstone. Said consultant shall be selected by the Board in its reasonable discretion.
The Board determines that the initial sum of $45,000 should be placed with the Town Treasurer to be expended in accordance with the provisions of G.L. ch 44, section 53G.
Declaration of Surplus
Don Hillegass, Data Processing Systems Administrator in his letter dated July 13, 2006 is requesting to have excess equipment (computer monitors), declared at surplus.
VOTED: (Roach/Powell) Voted unanimously to have equipment (computer monitors) declared as surplus.
Vote to accept Donation of behalf of Sharon Public Library
The Board reviewed the letter sent by Library Director, Barbra Nadler dated July 20, 2006 requesting to accept a check of $175.00 from the MOMS Club of Sharon on behalf of the Sharon Public Library.
VOTED: (Roach/Powell) Voted unanimously to accept the donation of a check for $175.00 from the MOMS Club of Sharon on behalf of the Sharon Public Library.
CPC Plan - Draft - George Bailey
The Board reviewed the memo from George Bailey dated July 25, 2006 in re a CPC Draft Plan made up of land, projects, etc. that are listed in the plans, drafts, and goals and objectives of the relevant Sharon Boards and Commissions.
It was the consensus of the Board to have George Bailey be scheduled on a future agenda.
Establishment of Donation Account for the “Michael C. Rothberg Memorial Clock Fund”
Chair William A. Heitin read the letter from Jason and Iris Rothberg dated July 18, 2006 requesting the Board to establish the “Michael C. Rothberg Memorial Clock Fund”.
VOTED: (Heitin/Roach) Voted unanimously to establish the “Michael C. Rothberg Memorial Clock Fund”.
Action Items
This item was deferred.
Well Number 6 Iron/Manganese Treatment Pilot Contract Amendment Recommendation
The Board reviewed a Memo fro Eric R. Hooper, Superintendent of Public Works, dated July 24, 2006, recommending an amendment to an existing contract with Weston & Sampson. In continuation of the Well Number 6 potential treatment study, the Water Department is requesting that Weston & Sampson submit a proposal for Contract Amendment No. 2 to provide engineering services required for re-running the pilot test of biological treatment for iron and manganese removal. This contract amendment is for the amount of $10,200.
VOTED: (Roach/Powell) Voted unanimously to approve the Well Number 6 Iron/Manganese Treatment Pilot contract amendment in the amount of $10,200.
Ride for Kids - Saturday, September 30, 2006
The Board reviewed the letter from Amy L. Branco, Development & Special Events Assistant of the Rodman Ride for Kids dated July 14, 2006 requesting permission to pass through the Town of Sharon for its annual event that will take place Saturday, September 30, 2006.
VOTED: (Roach/Powell) Voted unanimously to grant permission to the Rodman for Kids to pass through the Town of Sharon on Saturday September 30, 2006, subject to the approval of the Chief of Police and the Fire Chief.
Update of Street Projects
Selectman Roach gave an update on the progress of the North/South Main Street Project. Mr. Roach met with Mass Highway and they informed him, that weather permitting, paving will be done up to the railroad bridge on South Main Street. Between 900 to 1,000 feet of curbing a day is being laid down. We are waiting for the cement for the sidewalks and then placing the red brick down. The paperwork for the pole relocation is in and a hearing is scheduled for August 15, 2006.
Request for Banner
VOTED: (Roach/Powell) Voted unanimously to approve a banner for the Unitarian Church of Sharon for the dates of September 1-10, 2006 in the second position.
Approve Exemption - Rachelle Levitts
The Board of Selectmen reviewed the document concerning the regulation regarding holding multiple municipal positions.
VOTED: (Roach/Powell) Voted unanimously to grant an exemption under Section 20B of the Massachusetts General Laws to allow Rachelle Levitts to accept the position of Planning Board Secretary as documentation was produced that the candidate has otherwise fulfilled all other statutory provisions. Ms. Levitts also holds the position of Secretary to the Wilber School Redevelopment Committee.
FY07 Water Department Priorities - Eric R. Hooper, Superintendent of Public Works
This item will be put on a future agenda.
Executive Session
VOTED: (Roach/Powell) Voted unanimously to enter into Executive Session for the purpose of discussing matter of pending litigation, collective bargaining, personnel issue and real property acquisition, and at the conclusion thereof to adjourn for the evening.
The Board adjourned to Executive Session at 10:25 p.m.
080106lm.wpd
| 
