September 5, 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 7:40 P.M.
Minutes
VOTED: (Roach/Powell) Voted unanimously to approve the Minutes of August 29, 2006, as corrected:
Page 1 - lst paragraph: add: Selectman Powell recused himself from discussion.
Page 2 - lst paragraph: correct typo: familiar to familial.
Continued Dog Hearing - Gail Colaiacomo
This Hearing has a dual purpose: (1) rescheduled hearing on the matter of the dog “Charlie” being banned from the Dog Park as requested by Ms. Colaiacomo; and, (2) a continued Dog Hearing from August 1, 2006 due to continued violation by Ms. Colaiacomo of the order of the Board to muzzle the dog while off the property of the owner.
VOTED: (Roach/Powell) Voted unanimously to open the Continued Dog Hearing pursuant to MGL Chapter 140 §157.
Ms. Colaiacomo was not present at the Hearing. She was notified by Certified Mail (receipt not yet received) and by Hand Delivery by Sharon Police Officer.
Chair Heitin requested those present that were planning to speak this evening raise their hands to be sworn in. Approximately seven people complied.
Animal Control Diane Malcolmson related the history re this dog’s aggressive behavior as to its being banned from the Dog Park under the “Three Strikes You Are Out Policy.” She discussed how after receiving written warnings as to the ban and after the Selectmen’s order to muzzle the dog, Ms. Colaiacomo was seen by a number of witnesses (including Selectman Roach) at the Dog Park with Charlie without a muzzle. A citation was issued.
Others present gave reports of Charlie’s behavior with chasing people and having bitten two people and the fear of neighbors to Ames Street.
Charles Fairweather, Member of the Friends of the Dog Park, discussed the rules and regulations of the Dog Park, stating, “we don’t make the rules.”
Debby Gilden reported an encounter with Charlie and Ms. Colaiacomo wherein Charlie behaved very aggressively toward her dog..
Mort Myers discussed his experience with Charlie as a “whole male” behaving aggressively toward his “whole male” dog and toward a female dog saying that the dog, “scared me to death.”
Martin Ferrin discussed knowing Charlie since a puppy and recognizing a special relationship to Charlie and his owner, but noting that the dog is unruly and extremely strong and that there is no reason that the animal should not be muzzled at all times.
Previous neighbors of Ms. Colaiacomo while residing on Ames Street, reported on the vicious leg bite to Mr. Tuxton while riding his bike.
The Board reviewed a letter received this date from Ms. Colaiacomo, dated September 1, 2006, re the Sharon Dog Park, and stating therein that, “....I no longer desire to bring my dog to a “public” dog park that has become “exclusive” and a source of controversy.”
Ms. Gilden, noting that Ms. Colaiacomo has been noncompliant, requested that the Board take action to take possession of the dog and to have the dog either removed from the Town or put down. Others present agreed citing the danger that this dog poses to the children and the community.
Ms. Malcolmson reviewed the various options for the Board and the 10-day appeal period open to Ms. Colaiacomo. She stated that she can shelter a dog for up to 14 days on an interim order.
VOTED: (Roach/Powell) Voted unanimously that Charlie be permanently removed from participation at the dog park.
VOTED: (Roach/Powell) Voted unanimously that Charlie be banned from the Town of Sharon, that the Animal Control Officer pick up Charlie and take him to the pound with notification to Ms. Colaiacomo that the dog needs to be impounded during the Appeal Period at the owner’s expense, and, at the end of the 10-day Appeal Period, the dog will become the property of the Town of Sharon and the Board will take further action at that point.
Notes from the Chair
Chair Heitin announced that the Fall Recreation Programs Guide is out with a host of information and that Family Week is back and scheduled for October 7 - 14, 2006.
King Philip Land Purchase - Petition Article - Eli Hauser and George Bailey
Chair Heitin announced that the Board was starting its review of Fall Town Meeting Warrant Articles and that George Bailey and Eli Hauser were invited this evening to discuss a Petition Article that reads:
To see if the Town will vote to rescind the action taken, including without limitation the borrowing authorization for the balance un-issued, under Article 19 of the May 8, 2006 Annual Town Meeting relative to the acquisition by gift, purchase or eminent domain of that parcel of land located at 155 Mansfield Street, commonly known as King Philip Estates, or to take any other action relative thereto. Eli Hauser
Mr. Bailey discussed the following issues:
background of vote at May Town Meeting;
low attendance at vote for $600,000 borrowing for purchase;
42% of Town Meeting attendees were town employees;
statement that 10-year debt service would be $2 per household/actual is $12 per household; and,
problems with the process.
Mr. Hauser followed with discussions re:
spoke out at Town Meeting against the article;
questioned certain archeological findings/historical significance;
considerable holdings of conservation land within the Town;
the land already has restrictions from development;
no evidence of astrological significance/natural stone alignment;
no acknowledgment by the Massachusetts Historical Commission - not on list;
readings from letters re land has no archeological or historical significance;
Town has other need for this money ($600,000);
previous purchases of conservation lands and price comparisons per acre; and,
price is excessive for 4 acres of land.
Other spoke on the following issues:
information was presented at Town Meeting;
Selectman Powell’s respect for the process of the Town Meeting vote;
Eli’s petition for reconsideration;
structure of town government;
recision of vote could be precedent setting;
Chair’s discussions with Town Counsel re the language to direct and not mandate;
Peg Arguimbau, Director of Conservation Commission, requested time on another agenda in the near future to address misconstrued information presented by Mr. Hauser. Greg Meister, Conservation Officer discussed the price per acre comparison for conservation land purchases noting that the low price for one significant land purchase was acquired mostly through a grant and that was the Conservation Commission’s contribution. Alice Cheyer discussed the assertions by Mr. Harris presented at Town Meeting as to Native American cultural and archeological significance of this property, and disputed the interpretation of certain documents as read by Mr. Hauser this evening, stating that the most important issue is the Town Meeting vote.
Concerns were expressed as to this being a stalling move to keep the Town from acquiring the property as authorized by Town Meeting. Chair Heitin discussed on-going negotiations with the seller to proceed in the best interests of the Town.
Kurt Buermann discussed the background of the original petition article that he sponsored in connection with the Friends of Conservation to bring this matter before Town Meeting. He stated, “the Massachusetts Historical Commission was never on that land.” He further noted that the article was sent out to the entire Town on the Town Meeting Warrant. He reminded the Board of Dr. Martin’s presentation and the ceremonial and historical value of this site to Native Americans.
Ms. Cheyer expressed concerns that we may lose this site to development before November and Mr. Meister expressed concerns as to how much longer negotiations for the property with the Board of Selectmen can go on. Others expressed concerns that the developer may begin to clear the land. Chair Heitin reported that on-going negotiations for acquisition were part of Executive Session discussion with Conservation Commission.
Other issues discussed:
accusation that Mr. Hauser’s information is awfully old and that a lot has happened since 2001;
missed quote re hill merits protection; and,
site has designation by Tribal Historic Preservation Officer.
Grant re Low Impact Development Techniques
Amanda Sloan and Paul Lauenstein, Planning Board Members were present to introduce Steve Pearlman of the Neponset River Watershed Association. Mr. Pearlman discussed a grant that will assist towns in examining their by-laws toward making them more favorable for Low Impact Development techniques. Mr. Pearlman presented various examples to the Board including issues of stormwater, groundwater recharge, lawn runoff, and retention basins. Mr. Pearlman is looking for a letter of support from the Town. It is expected that the Town would provide assistance through Peter O’Cain, Assistant Town Engineer as its match and that it would take seven months to complete.
The Board deferred taking a position until next week.
Fall Town Meeting Warrant Sequencing
The Board reviewed the list of articles for sequencing. Marcia Liebman advised the Board that the Wilber Redevelopment Committee may not be ready to present a proposal to the Fall Town Meeting.
VOTED: (Roach/Powell) Voted unanimously to sequence the Fall Town Meeting Warrant Articles as follows:
Petition Article - King Philip Estates - Eli Hauser
Horizon for Youth Land Acquisition - School Committee & Board of Selectmen
Wilber School Lease
Financial Analyst - Finance Committee
Expenditure of CPC Funds - CPC Committee
Third Soccer Field
Soccer Field Lease
CSD Modifications - Planning Board
Lot Shape Factor, Frontage and Lot Width - Planning Board
Typographical Changes - Planning Board
Street Acceptance - Planning Board
Zoning Board - Vote of Absent Member
Unemployment
Stabilization Fund
Septic Loan Transfer - Town Treasurer
Chapter 90 - $361,975.00 per Marie C
Wilber School Abatement costs - SBC
Cottage Street School Renovation - SBC
Prior Year Bills - ZBA
Home Rule Petition for Affordable Housing - SHP
Intermunicipal Aid Agreement for Public Health Services - Board of Health
Vote to Layout Aspen Road and Sumac Lane for the Fall Town Meeting
Mr. Roach updated the Board on the condition of the roads and the placing of stop signs to slow traffic.
VOTED: (Heitin/Roach) Voted unanimously that it is the intention of the Board to layout two streets for acceptance at the Fall Town Meeting as described:
To see if the Town will vote to accept and adopt as a public way each of the following:
1. Aspen Road: beginning from Station 26+22.05, thence running northeasterly, a distance of 2404.47 linear feet to Station 50+26.52, it’s terminus.
2. Sumac Lane: beginning from Station 0+00, thence running southeasterly, a distance of 329.98 linear feet to station 3+29.98, its terminus.
Compensation Adjustment - Assistant Town Accountant
The Board discussed Memo from Benjamin E. Puritz, Town Administrator, re compensation adjustment for Eileen Generazzo due to the Town Accountant’s absence due to medical leave.
VOTED: (Roach/Powell) Voted unanimously to accept the recommendation of the Town Administrator to increase the compensation for the Assistant Town Accountant to $1,178.24 per week, effective July 1, 2006, until further notice.
Mr. Puritz will be meeting with the Personnel Board for its concurrence.
Executive Session
VOTED: (Roach/Powell) Voted unanimously to enter into Executive Session for the purpose of discussing items of Pending Litigation, Personnel Matter, Collective Bargaining, Real Property Acquisition, and update re Investigation, at the conclusion thereof, to adjourn for the evening.
Roach, aye; Powell, aye; Heitin, aye.
The Board recessed to Executive Session at 10:25 P.M.
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