MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, March 20, 2007

The Regular meeting of the Board of Selectmen was held at 7:00p.m.in the Sharon Town Offices with Chair William A. Heitin, Selectman Walter Joe Roach, Selectman Richard A. Powell and Town Administrator Benjamin E. Puritz.

The meeting was called to order at 7:00 p.m.

Chairman Heitin reviewed the upcoming Agenda which included a series of interviews for the Horizons for Youth Use Committee, discussion of the Wilber School Letter of Intent Ground Lease, as well as an appointment with Eric Hooper, Superintendent of Public Works.

7:30 p.m.        Interview Andrew Nebenzahl

                        Horizons for Youth Property Reuse Committee

Mr. Nebenzahl has been a resident of Sharon for the last twenty years. He lives on Cottage Street. For the last six years he has served on the School Committee and in that capacity as a member of the Priorities Committee and Capital Outlay Committee.  He has been a practicing lawyer for 24 years, and the last eight years has practiced in Sharon with his office being  located in Post Office Square.  He has been involved in construction projects as both an advisor to developers and a principal in projects.  Andy is interested in the Horizons for Youth land because he views it as an important property for the town to secure.  He believes it should be available for a variety of needs for town – conservation – for a school if future school committee decides it is appropriate -  as well as recreation. 

He believes it is important in the short term to obtain revenue to try and offset the expenses of maintenance. He believes it is important to look at the conditions of the buildings and determine what is feasible without expending funds.  He wants to look at the financial model of using the land as a camp and at the very least the use of the land should be revenue neutral.  He also believes that Town groups should be treated differently than outside groups. Though up for reelection, Andy is not running again for School Committee and would like to continue to make a contribution to the Town by becoming a member of this committee.

Interview Diane Pankow Candidate for

Horizons for Youth Property Reuse Committee

Diane has been a nurse practitioner and has lived 16 in Town for 16 years. She previously was very active on the First Night Committee and currently lives on Cottage Street. She moved to Sharon because she grew up in a lake community in the Catskills.    In addition, to the traditional ideas of use for property such as a camp, she stated that the Town could also receive revenue for the Town through a variety of uses including:  adult day care, triathlon training camps, and perhaps even a yoga camp.  She did some research and found that there is a camp in the Berkshires called Club Get-Away that attracts people from Manhattan – their facilities are somewhat similar to those at Horizons for Youth.  She believes that a program of this type would be a big money-maker for the Town as the fees are very high.

Interview Bob Levin Candidate for

Horizons for Youth Property Reuse Committee

Mr. Levin has been a Sharon resident for many years and has been involved in the community including: sports programs, Boosters, two Wilber committees, and currently as a Trustee of the Library.  He believes the Committee’s two major objectives are to determine utilization of the property in a manner that would at a minimum allow the property to be self-funded. He stated that we need to develop a revenue stream that will keep the property self-sufficient whether it is a day camp or longer term programs like nature camps.  He believes that the space is usable for several types of programs for example – the dining hall could be put to a large number of uses including performances.  Perhaps, even the Sharon Theater Group could find a home there.   He said without a survey of building conditions as well as a Board of Health assessment it is difficult to move forward.  He has had experience developing properties as well.   He has been involved in the building project of a Scout Camp in Plymouth – building a 40,000 square feet building which is serving as a Welcome Center and has helped in the development of a new septic plan project ($750K) to cover the building.  He has also been involved with conservation restrictions and easements and feels that this gives him good experience and insight.  He lives on East Foxboro near Beach Street.

Pole locations on Old Post Road

Paul Schneider appeared before the Board representing Verizon and Boston Edison. Mr. Schneider explained that there will be no trimming of trees as Verizon will be only be running a small wire.  Selectman Roach apprised Mr. Schneider that if there is any tree trimming it should be approved by the Tree Warden as Old Post Road is a Scenic Roadway.

VOTED: (Powell/Roach) Voted unanimously to approve the request to place three new utility poles on Old Post Road and approve with the conditions as stipulated by Assistant Town Engineer Peter O’Cain and authorize the clerk to sign on behalf of the Board.   The conditions include necessity for the request of a Street Opening Permit for any underground utility work performed within the right-of-way of the Town of Sharon and conditions which are associated with Old Post Road being designated as a Scenic Roadway by the Town of Sharon

Interview Yvette Hertz Candidate for

Horizons for Youth Property Reuse Committee

Yvette stated that she has lived in Sharon for 15years and has two children.  She has worked in the computer department of Reebok for 20 years as a programmer. She is interested in getting more involved in Town.  She has volunteered at Cottage Street Elementary School, been a Girl Scout Troop leader, serves as Secretary of the Sea Eagles Recreational Swim Team and volunteered for the Jimmy Fund.  She saw an article in the Advocate seeking for members of this committee and thought it would be a good opportunity to meet more people in Town and make a contribution to the community.

She believes her organizational background and computer skills could be an asset to the committee.  Chairman Heitin explained that the Town is hoping to begin to review proposals from several groups who would like to use the property this summer.  The goal would be to be collect revenue to be able to maintain the buildings.  After that short-term use is decided the Commitee will review long-term uses for the property.  Ms. Hertz stated that she would like to review proposals for this summer and in terms of the long-term she has no preconceived notions as to use.

Interview Jeffrey Tatro Candidate for Horizons for Youth Property Reuse Committee

Chairman Heitin stated that Dr. Tatro was instrumental in moving the acquisition forward and helping to organize the effort in terms of passage of the Ballot Question.  Dr. Tatro is a Sharon resident of eight years and is a long time faculty members of Biomedical Topics Research at Tufts Medical School.  He has branched out and is currently a full-time consultant involved in securing grants and assisting in the acceptance of publications in peer review journals. He is involved in the Boy Scouts in Sharon and considers himself an outdoorsman.   He believes that committee members can serve as a conduit to learn what the Townspeople want to do with the property.  He believes his position as a member of the Open Space Planning Committee member and as a representative of the Horizons for Youth grassroots group will be helpful in this regard.   He believes that the property is a rich resource and would like to see visibility and access increase.

OLD BUSINESS

Selectmen Roach mentioned a request by Richard Gray of 756 Mountain Street to place a driveway on a county laid out road.  Mr. Gray had come before the Board during its meeting of March 13, 2007 requesting the Board of Selectmen contact the county in support of this project.  Mr. Roach asked that the Board sign a letter to the Norfolk County Commissioners expressing some concerns regarding Mr. Gray’s request.

VOTED: (Roach/Powell) Voted unanimously to sign the letter as written to the County Engineers expressing their concerns regarding Mr. Gray’s request.

Chairman Heitin then brought up one of the items from the Supplemental Agenda

Discuss and sign letter requesting certification of the planned production component of Sharon’s approved Housing Production Plan

Last night the Zoning Board of Appeals approved the Avalon Bay project which is a Local Initiative Project (LIP) – which is called a friendly 40B - which will increase the amount of affordable housing stock in Sharon.  As mentioned above, the Board will be signing a letter tonight requesting the Department of Housing and Community Development certify the planned production component of the Town’s Housing Production Plan.  This approval, in addition to other projects, gives the Town two years during which the Town is not required to accept any comprehensive permit proposals for 40B housing developments .  In order to obtain relief from 40B proposals the state requires that the Town file notification of affordable housing special permit issuance.

Chairman Heitin explained that we are initiating the affordable housing plan so the Town can be in control.  It will require a substantial ongoing effort for the Town to make sure that it meets the housing plan to raise its numbers from 3% to 10%.

Appointment with Eric Hooper, Superintendent of Public Works

Contract Recommendation for Water Department Consumer Confidence Report Preparation

As a water supplier the Town must send all residents a Water Department Consumer Confidence Report.   Most communities of Sharon’s size use a consultant to assist in preparation of the report.  The data must be compiled and prepared in a three fold form.  The Town went out for bids and Weston & Sampson was low bidder at $2,500.00 Weston Sampson received this award this year as well. 

VOTED: (Roach/Powell) Voted unanimously to award the contract for preparation of the Water Department Consumer Confidence Report to Weston & Sampson for $2,500.00.

Contract Recommendation for Engineering Service for Unidirectional Flushing Program Design

The current flushing program, which is 20 years old, is now out of date because there are many new streets since it was created.  Mr. Hooper explained that the Town is receiving reports of dirty water in the summer when you would not expect this to happen.  He stated that he is recommending that the Town revise and redo the current program so that we are not wasting water and we don’t see a repeat of dirty water.  The Town solicited bids and he is recommending the Town award the contract to Amory Engineering for $10,000.00.  Amory designed the original program and has an advantage over other companies as Amory has our model.  Hooper also said that Amory has smaller overhead as they are doing main replacement for the Town and know our system very well.   Selectmen Powell asked about bids from other companies.  Superintendent Hooper stated that the Town solicited bids from other companies and Amory’s was the least expensive.   He also added that Amory has provided the same service for the Town of Wellesley and has received a good recommendation. He also added that should the Selectmen award the bid to Amory it was likely that the revised program would not be completed this season.

VOTED: (Roach/Powell) Voted unanimously to award the contract for Engineering Service for Unidirectional Flushing Program Design to Amory Engineering for $10,000.00.

The Selectmen also raised the issue with Mr. Hooper of correspondence that they had received from a Macintosh Farm resident about Edgehill Road which has been ripped up for the past two years from Tiot Street to the Canton Street line.  Mr. Hooper explained that the project has taken two years because of anticipation that Avalon Bay was going to install waterlines.  Mr. Hooper said that the work on the Edgehill Road will take place beginning in July.  He explained that the DPW is waiting until school to close for the summer because school busses use the route.  He also stated that that both the Town and Avalon Bay will be doing work on the road simultaneously.

Interview Jerry Anderson  Candidate for

Horizons for Youth Property Reuse Committee

Mr. Anderson has lived in Sharon since the early 1990’s and has been active in youth sports travel teams, and recreation teams.  He has three children who have attended the Sharon schools and has been involved in Sharon High School sports and the Boosters concession committee. He has also served on the Board of Directors for Solomon Area Schechter School including several years on the strategic planning committee. He has worked for 22 years in the area of financial capital markets and lives on East Foxboro Street.  He would like to see a master plan implemented to look at both short term and long term needs

GENERAL BUSINESS

VOTED: (Roach/Powell) Voted unanimously to approve the Regular Session Minutes of March 8, 2007, March 12, 2007 and March 13, 2007 and Executive Session Minutes of March 8, 2007 and March 13, 2007.Edgehill Road

SEQUENCING OF ARTICLES FOR 2007 ANNUAL TOWN MEETING

The 2007 sequencing is very similar to the sequencing of other Annual Town Meetings with the budget being voted on in Article 4 and Article 5.  There will be a special within the annual for the zoning by law changes that relate to the proposed Brickstone development. 

VOTED: (Roach/Powell) Voted unanimously to approve the sequencing of the articles for the 2007 Annual Town Meeting as written.

SUPPLEMENTAL AGENDA

Discuss Letter of Intent (LOI) Ground Lease Proposal for the Wilber School Site between Wilber Development LLC  (“Lessee”) and the Town of Sharon, Massachusetts (“Lessor”)

Chairman Heitin explained that the Wilber School has been vacant for 25+ years.  During that period of time a number of groups have tried to revitalize the Building and the Town has tried to sell the building.  The most recent revitalization committee spent 24 months preparing the Request for Proposal (RFP) to attract developers.  As a result of that RFP the Board of Selectmen has been negotiating with Frontier Enterprises and Beacon Communities which is a spin-off of Beacon Capital.  Beacon Communities has built and managed apartment type communities similar to what has been proposed for Wilber.  Chairman Heitin announced the Letter of Intent will be forwarded to Beacon Communities and Frontier Enterprises for their signatures and the Board of Selectmen anticipates signing the document at their meeting next week on March 27, 2007. 

Chairman Heitin explained that the highlights of the Letter of Intent include:

• 3.7 acre parcel with the intention to restore entire building from exterior viewpoint and will include up to 79 units.  All unites are rentals and will count 100% towards the Town’s affordable housing needs. 
• Reduced the length of the lease time to 75 years the developer originally requested 99 years
• The lease expected to be executed before April 30, 2007
• Annual lease payments for the land will be $110,000 per year tied to the  consumer price index on a five year basis
• Additional revenue of $350,000 annually will include the value of building and property taxes  This will result in $460,000 annual gross revenue before any associated costs
• Town has first right of refusal to purchase property which means if there is a sale to take place before the 75 years the town can purchase.  At the end of the 75 years the town gets control of the property and the buildings.  This offers future Boards flexibility as to what to do with the land. 
• The onsite waste water system is designed to achieve a high level of nitrate treatment, effectively resulting in level or decreased nitrate ouput in conjunction with connecting a number of abutting properties. The developer/management company will pay the full cost of maintaining and constructing the treatment facility. 
• The Town carved out a piece of the property of 1 acre for potentially a library with the agreement that the Wilber’s septic treatment facility would handle the sewerage of this property.

Chairman Heitin thanked the Wilber committee chaired by David Depree  Selectmen Roach thanked the  Town for providing the Selectmen with the funds to maintain the building over the years with the result being that the building will be renovated and be an addition to the downtown area.  Town Administrator Puritz commended the committee and also thanked in particular Jim Goldsmith, former Chair of the committee who passed away in 2006.

Discuss letter received from Nellie Aikenhead of the Trust for Public Land

Chairman Heitin explained that the Board has received a letter from the Trust for Public Land (TPL) stating that TPL is not going to be involved in the acquisition of 11.6 acres of land located on Glendale Road.  There is a pending funding request in front of the Community Preservation Committee.  In addition, there will be a working meeting on Thursday night, March 22^nd to discuss the land.  The Board of Selectmen would like to carve out a small piece of land from this parcel to increase affordable housing stock.  Though the Town is seeking certification by the Department of Housing and Community Development for certification of the Town’s housing planned production numbers, this doesn’t mean that that Town cannot continue to seek out affordable housing.  This certification would initiate a two-year protection period from further 40B development.   Those attending the working group meeting on Thursday night will include a representative of the Conservation Commission, Housing Partnership, representatives of the neighborhood, the Town Administrator and Chairman Heitin will be representing the Board of Selectmen

VOTED: (Heitin/Roach) Voted unanimously that the Board sign the letter to the Department of Housing and Community Development as drafted

VOTED: (Roach/Powell) Voted unanimously to enter into Executive Session to discuss real property acquisition, matters of pending litigation, collective bargaining, personnel grievance update, and at the conclusion thereof to adjourn for the evening.  The Board of Selectmen adjourned to Executive Session at 8:25pm