MINUTES

BOARD OF SELECTMEN MEETING

Tuesday, May 1, 2007

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

The meeting was called to order at 7:05 p.m.

Eric Hooper, Superintendent of Department of Public Works

Contract Recommendation for Waste Collection

Superintendent Hooper explained that the Town’s three year contract for trash removal and recycling expires on June 30, 2007.  He said that the current trend in trash removal is an automated system which limits the homeowner to a certain amount of trash disposal – 65 gallons per week.  Currently, Town residents have unlimited trash removal.  He added Sharon residents recycle only 25% of their waste compared to the state’s goal of 60%. 

Three vendors responded to the Request for Proposal beginning July 1, 2007 and ending June 30, 2010 - Allied Waste, Howland Disposal and Waste Management.  Allied Waste the Town’s current vendor had the low bid of $60.00/quarter manual for trash removal. He then asked Allied Waste and Howland Disposal Services to submit a hybrid bid in which the initial year of collection would include manual collection with a transition to automated collection for years 2 and 3.  Allied Waste was minimally cheaper than Howland for trash disposal while Howland offered a better rate when including recyclable materials. 

The Superintendent recommends that the Town adopt the automated system in Year 2 and Year 3.  He added that as the Town was one of the charter members of SEMASS and because of that the tipping rate is very favorable - $35.00/ton vs. the current rate of $80.00 -$90.00/ton.  The SEMASS contract expires in 2014.  Therefore, it is in the Town’s best interest to reduce amount SEMASS contract in 2014.

Selectman Roach inquired as to the price if the Town adopted the automated system in Year 3 only.  He said that he feels an education process is needed in order to increase recycling and lessen refuse – this cannot happen overnight. Selectman Powell said though increased recycling is an admirable goal the Town’s residents seem happy with their services – and the savings at this time don’t seem to be significant.  Chairman Heitin added that he supports two years of maintenance of service and then perhaps making a decision to move to the automated system. 

Superintendent Hooper will invite Mr. Grady of Allied Waste to speak with the Selectmen.  He added that since the industry is going automated trash pick-up that in three years we will most likely have no other choice at that point in time. 

Paul Lauenstein to discuss Rattlesnake Hill Rezoning

Mr. Lauenstein who resides at 4 Gavins Pond Road presented the Selectmen with a petition asking that the rezoning for Rattlesnake Hill be postponed.  (statement attached).  Mr. Lauenstein said the Town needs time to study the issues surrounding the rezoning.  Selectman Powell said that their have been numerous meetings with Boards and abutters and this is why there have been changes in the proposal – this has been a lengthy ongoing process.   He said that the Selectmen have the best interests of the Town at heart to provide the Town with a future that is financially sustainable. Another resident stated that he believes that the documents should have been ready sooner  Chairman Heitin added that if there are open items and they believe it to be inappropriate to bring it to Town Meeting then they will pull the Articles.

Anne Bingham stated that though the Board may feel comfortable with the availability of information many of the residents are not.  Chairman Heitin explained that the Board will be mailing an informational pamphlet to each home at the end of the week which he believes will answer many of the questions that people have and provide key facts about the project.

Recognition of Massachusetts State Champions Sharon High School Mock Trial Team

The Board presented a proclamation to the Massachusetts State Champion Sharon High School Mock Trial Team represented by Ethan Richmond.  The Team will be representing Massachusetts in the National Mock Trial Championship in Dallas, Texas later in May.

Selectman Roach also acknowledged Sharon High School Senior Michael Fox who spoke at the Norfolk County District Attorney’s Law Day. 

Discuss Horizons for Youth Property Summer Camp Lease for 2007

Chairman Heitin explained that the term of the lease is 90 days with the Chabad.  The Horizons for Youth Committee provided feedback regarding the lease over the last week.  A security deposit was added to the lease.  He also added that the Chabad has hired a professional camp group to run their program. 

Selectman Roach recused himself as he lives on Lakeview Street

VOTED: (Powell/Heitin) Voted unanimously to enter into a lease with the Chabad Torah Lubavitch Center as currently written. 

Adopt a position on Warrant Articles for May 7, 2007 Annual Town Meeting and Special Town Meeting within the Annual Town Meeting

Chairman Heitin explained that the Selectmen are going to be taking a position on the Articles.  The Articles related to the Special within the Annual will be held until tomorrow when the meeting is continued.  All other Articles that are not addressed this evening will be held the next evening as well.

Votes:

ARTICLE

Special within the Annual

Zoning Article By-Law changes regarding Rattlesnake Hill – Hold all five articles

Annual Town Meeting

1.         Personnel Bylaw – Unanimous Yes

2.         Budgets/Compensation of Elected Officers - Unanimous Yes

3.         Finance Department/Finance Director Unanimous Yes

4.         Zoning By-Law Posting Requirements - Hold

5.         Town Meeting Debate Process - Hold

Capital Outlay Articles

6.         School Department                             $844,000 Unanimous Yes

7.         Department of Public Works             $767.000 Unanimous Yes

8.         Police Department                              $109,971 Unanimous Yes

9.         Recreation Department                       $100,000 Unanimous Yes

10.       Data Processing                                  $ 20,000 Unanimous Yes

11.       Civil Defense                                       $ 11,376 Unanimous Yes

12.       Fire Department                                 $ 10,000 Unanimous Yes

13.       CPC projects funding recommendations - Hold

14.       Finance Committee Members - Hold

15.       Act Upon Reports Unanimous Yes

16.       Funds - Sharon Friend School Fund/School Fund Unanimous Yes

17.       Stabilization Fund  - Hold

18.       Norfolk County Retirement Unanimous Yes

19.       Annual Audit Unanimous Yes

20.       Unemployment Unanimous Yes

21.       Transfer Borrowed Funds  Unanimous Yes

22.       Petition Article- Community Preservation Committee Enlargement-George Bailey - Hold

23.       Naming of Community Center “David I. Clifton Jr. Sharon Community Center” - Hold

24.       Veterans= Exemption - Section 4, Chapter 73 of the Acts of 1986 Unanimous Yes

25.       Chapter 41, Section 110A-Closing offices on Saturday/Legal Holiday-Town Clerk Unanimous Yes

26.       Community Center Funding - Standing Building Committee – No (not necessary)

27.       Sealing Fees - per statue rate schedule Unanimous Yes

28.       Septic System Improvement Loan Program       Unanimous Yes

29.       Historical Building Demolition Bylaw (revision) Hold

30.       Revolving Funds annual reauthorization Unanimous Yes

31.       Chapter 39, Section 23D-authorize absentee vote for one missed meeting-Finance Comm Unanimous Yes

OTHER BUSINESS

Chairman Heitin announced the distribution of a pamphlet later this week to each home in Sharon about the Rattlesnake Hill/Sharon Hills Development to the Town via mail by the end of the week.  The pamphlet will include frequently asked questions, benefits, key facts and other information. 

Chairman Heitin announced that the Board will be attending the Pre-Town meeting which will review procedural issues for the Town’s Annual Town Meeting.  He stated that the Board will reconvene in open session on May 2, 2007 at 5:30 p.m. at Sharon Town Hall to finish up open business.

VOTED: (Heitin/Powell) To reconvene this meeting in Open Session on May 2^nd at 5:30 pm at the Sharon Town Hall.  At the end of Pre-Town Meeting the Board will adjourn to Executive Session to discuss real property acquisition, matters of pending litigation, collective bargaining, employee issues, and at the conclusion thereof to adjourn for the evening and then return tomorrow at 5:30 pm for open session.

The Board of Selectmen returned to open session at 10:55 p.m. after adjourning from Executive Session at 10:54 p.m.

In attendance: Chairman William A. Heitin, Selectman Walter “Joe” Roach, Selectman Richard A. Powell, Town Administrator Ben Puritz, Town Counsel Richard Gelerman, Brickstone Counsel John Twohig, Chris Regnier, Tim Sullivan Brickstone Principals John Kursnerski and Marty Spagat.

Attorney Gelerman reviewed the terms of the agreement including that the access to the project be limited to Bay Road.  The Board, Brickstone representatives and Town Counsel confirmed the following items in the Development Agreement:

· The project will include 624 age restricted units and a 150 bed nursing home.  He said that all conditions in the Development Agreement should be incorporated into the site plan approval

· Access to the project will be limited to Bay Road.  No access through Mountain Street unless there is an emergency.  The entrance from Mountain Street must be gated.

· Brickstone will develop a $6 - $7 million high pressure water system

· Developer has agreed to provide: $900,000 and 36 units at another project for Affordable Housing.  If the 36 units are not available then the developer will pay $982,000 to the Sharon Affordable Housing Trust. 

· Installation of a 750,000 gallon underground tank with water lines running from the underground tank to the intersection of Coach Lane and Bay Road and to the intersection of Mountain Street and the Mountain Street Extension.  This is all subjects to the developer’s ability to obtain an easement.  He added that five Coach Lane residents had asked to tie in to the water and that Brickstone has agreed.

· $650,000 for either public safety personnel and/or equipment

· $50,000 for improved radio communication facilities

· $100,000 to establish an endowment for the Sharon Public Schools for a water quality program.

· $50,000 for improvements to Memorial Beach and $50,000 for other Recreation projects

· $200,000 for improvements and study for the purpose of revitalization of Post Office Square.

· $100,00 to endow a technology or educational program at the Sharon Adult Center under the auspices of the Council on Aging

· $100,000 for improvement of the water systems and for water conservation efforts

· $100,000 to the Conservation Commission for the purchase of land

· $25,000 to the Board of Health to fund personnel during the development of the project

· Developer has agreed to expand the size of the pumping building to 9,000 square feet to include a fire substation shell. 

· In order to minimize traffic on Bay Road developer will provide transportation to and from Town for residents and to and from Train and BAT station for employees

The Board voted to go into Executive Session at 11:04 p.m.

VOTED: (Roach/Powell) Voted unanimously to enter into Executive Session to for the purpose of discussion regarding real property acquisition.

The Board reconvenes in Regular Session at 11:15 p.m.

Mr. Gelerman continued to review the Development Agreement with the Board and Brickstone. 

· Brickstone has agreed to transfer 249+ acres to the Conservation Commission prior to the issuance of the first building permit.  The Conservation Commission will designate a third party i.e. Kendall Trust, Audubon to be included on the deed.  Town Counsel added that all of the commitments run through the land and will be recorded in the deed; if the land is sold all provisions will apply.  If the project is not built then the land will not be gifted to the Conservation Commission.

· A blasting consultant will be selected by the Developer. The blasting consultant will conduct a pre-blasting survey on homes within 1000’ of the blasting site.  Similar provisions are in effect for water quality.  The developer is committed to no degradation of Briggs Pond and private wells by the wastewater system.  However, in the event that there is a problem the developer is committed to providing impacted homes with water.  Attorney Gelerman explained that the blasting regulations are modeled on the Newton By-law which is very restrictive and comprehensive.

It was asked if the Town could receive the $50,000 ear-marked for Memorial Park Beach before June 30, 2007.  Mr. Kursmerski said he would contact Mr. Puritz regarding this issue tomorrow.

AVALON BAY and Department of Housing and Community Development (DHCD)

Attorney Gelerman informed the Board that DHCD will be conducting an independent review of the Avalon Bay project.  Sharon also provides an independent review.  Should there be a difference in opinion that the Town and DHCD jointly select a CPA/DHCD Auditor who will conduct binding arbitration.  Attorney Gelerman added that Zoning Board of Appeals Chair had wanted complete oversight. 

VOTED: (Roach/Powell) Voted unanimously to enter into Executive Session at 11:35 p.m.to discuss personnel matters, real property, negotiations and any other legal matters and at the conclusion of Executive Session to adjourn for the evening.